Section 16 in The Punjab Agricultural Produce Markets (General) Rules, 1962
16. References.
- [Sections 3 (9) and 43 (1)]. - References from Committees to any Government Department other than district authorities and local bodies shall be made through the Secretary of the Board.[16A. Registration of contract farming Section 8-A. - (1) Any contract farming sponsor intending to register himself under Section 8A of the Act shall apply in Form A-I to the Secretary of the concerned Market Committee. In case the contract farming sponsor wants registration for more than one Market Committee, he may apply to the Secretary of the Board.(2)Every such application shall be accompanied with a registration fee of Rs. 5,000/-. The amount shall be refundable only if the registration is denied for any reason. The period of registration shall be three years.(3)The period of registration may be got renewed by applying to the Secretary of the concerned Market Committee or the Secretary of the Board as the case may be in Form A-II accompanied with a renewal fee of Rs. 2,000/-. The amount shall be refundable only if the renewal of registration is denied for any reason.(4)Every application for registration/renewal shall also be accompanied with, -(a)a detailed project report of the business intended;(b)a statement showing the financial status of the applicant with the support of income tax returns for the previous two assessment years or permanent assets with valuation assessed by a Chartered Accountant;(c)balance sheet of last two years;(d)proof of registration under the Companies Act, 1956 (1 of 1956), the Indian Partnership Act, 1932 (9 of 1932), the Haryana Co-operative Societies Act, 1984 (22 of 1984) or a Government agency, as the case may be.(5)The Secretary of Market Committee or the Secretary of the Board as the case may be shall evaluate the application for registration or renewal submitted by the applicant and after evaluation shall issue the registration certificate to the applicant in Form B-I or renew the registration as the case may be. In case contract farming sponsor violates the provisions of Act, Rule & Bye Laws or conditions of contract agreement, the Secretary of the Market Committee or the Secretary of the Board as the case may be, shall have the power to cancel his registration.(6)The contract farming agreement between the contract farming sponsor and contract farming producer shall be in Form C-I and it shall be got registered with the District Marketing Enforcement Officer concerned in the presence of both the parties. The agreed rate/contract rate shall not be less than minimum support price of the proceeding year. The buyer shall deposit an amount upto 15% of the total price of the agricultural produce as per agreed rate or minimum support price (if the rate is not agreed upon) or bank guarantee for the sum with the committee in which the land is situated as security. Where there is no minimum support price and no agreed rate, the amount of security shall be calculated at the rate of 15% of the prevailing market rate at the time of agreement. The security shall be released within a period of thirty days after the date of satisfactory performance of the agreement.(7)In case both the parties want to change any of the terms and conditions of the contract farming agreement, the same shall be effected by the District Marketing Enforcement Officer concerned in the presence of both the parties from time to time as per requirement.(8)The Secretary of the concerned Market Committee or the Secretary of the Board, as the case may be, shall maintain a record of the contract farming sponsors in Form D-I.(9)The District Marketing Enforcement Officer concerned shall maintain a record of the contract farming agreements in Form E-I.(10)The District Marketing Enforcement Officer concerned either himself or on the request of either party shall empower the officials of the Board/Committee or any other Government agency being expert to enter the premises/fields of the parties to contract farming agreement to inspect, supervise and monitor the farming practices adopted and the quality of the produce from time to time. A record as may be necessary in this regard in the form of Kisan Diary or otherwise may also be maintained.(11)A contract farming sponsor shall submit annual accounts in Form F-I before 30th June every year, to the concerned Market Committee in respect of all transactions undertaken by him during the previous financial year.(12)If the contract farming sponsor has purchased the produce with an intention to export or processing, then he shall inform to the concerned Market Committee, the same in Form G-I. The contract farming sponsor shall submit a declaration that he is exporting or processing the produce within a period of 90 days from the date of purchase.(13)If any dispute arises between the parties in respect of any provisions of contract farming agreement, either of the party may submit an application to the Zonal Administrator concerned to resolve the dispute. Every such application shall bear the court-fee stamp of ten rupees. The Zonal Administrator shall resolve the dispute in a summary manner within a period of thirty days after giving the parties a reasonable opportunity of being heard.(14)[***] [Added by Haryana Notification No. 1545-AS-I-2007/14293. Dated 9.8.2007.]It read as;(14)Any party aggrieved with the decision of the Zonal Administrator may prefer an appeal to the Chief Administrator within a period of thirty days from the date of such decision. Such appeal shall bear the court-fee stamp of fifty rupees. The appellate authority shall dispose of the appeal after giving the parties a reasonable opportunity of being heard and the decision of the appellate authority shall be final.]
