Section 82 in The Jharkhand Agricultural Produce Markets Rules, 2000
82. Market fee.
- (i) The Market Committee shall levy and collect market fee, on agricultural produce bought or sold in the market area at the rate of Re. 1 per Rs. 100 worth of agricultural produce.(ii)[ If the seller is a licensee, he shall deposit the market fee, with the Market Committee, within 15 days after the end of each month.] [Substituted by G.S.R. 12A dated 26.9.1993.](iii)[ If the seller is a licensee and the buyer is not a licensee, the seller shall realise the market fee from the buyer and shall deposit the market fee with the Market Committee, within 15 (fifteen) days after the end of each month.] [Substituted by G.S.R. 12A dated 26.9.1993.](iv)if neither the buyer nor the seller is a licensee, the buyer shall deposit the market fee with the Market Committee or to its authorised officer or to staff or any person authorised by the Market Committee.[(iv-a) If the buyer and the seller are both licensees, the seller after realising market fee from the buyer, shall deposit the Market fee with the Market Committee within 15 days after the end of each month. The buyer licensee shall make the statement in the return to be submitted under sub-Section (2) of Section 27 A.] [Added by G.S.R. 12A dated 26.9.1993.](v)[ The Market Committee may authorise any of its Officers or Staff or an collecting agent whose appointment has been approved by the Managing Director of the Board or an Officer authorised by him in this behalf to collect market fee directly from the buyer or his agent.] [Substituted by G.S.R. 12A dated 26.9.1993.](vi)The Market Committee shall also levy and collect license fee from the traders, brokers, weighmen, measurers, warehousemen and other persons operating in the market area according to the rates specified under Rules 98 and 100.(vii)If any agricultural produce is brought in the market area for the purpose of processing or export, the trader bringing such product for processing or export, as the case may be, shall make declaration in Form XVIII and shall obtain certificates of exemption from the Market Committee, if necessary.(viii)Any agricultural produce in respect of which a declaration has been made under sub-rule (vii) has become liable for levy of market fee under sub-section (1) of Section 27, market fee shall be deposited by such person at the rate of Rs. 1 per Rs. 100 worth of agricultural produce to be calculated on the average market rate on the day on which the fee has become due.(ix)Every licensee trader before furnishing return under sub-section (2) of section 27-A, shall deposit market fee to the Market Committee in accordance with sub-rule (ii) or (iii) payable or realised as the case may be to the Market Committee and obtain receipt in duplicate from it showing such deposit and shall enclose a copy of the receipt alongwith return.(x)A rebate at the rate of 1 per cent of the amount of market fee payable under sub-section 27 shall be allowed to such licensee trader who has paid such amount as under sub-rule (ix) and such licensee trader may deduct from such amount of fee which is admissible under this rule.(xi)[ If any licensee trader fails to deposit the amount of market fee due from him according to return furnished under section (2) of Section 27A in addition to action taken under Sub-section (8) of Section 27A, the trader whose collection of market fee is upto Rs. 200 (Two hundred rupees) as per the return furnished under Sub-Section (2) Section 27A, shall pay a penalty of Rs. 10 (ten rupees) per day and likewise the trader whose collection of market fee is above Rs. 200 (Two hundred rupees) but below 5,000 (Five thousand rupees) shall pay Rs. 30 per day as penalty and the trader whose collection of market fee is above Rs. 5,000 (Five thousand rupees), shall pay Rs. 50 (fifty rupees) as penalty per day after the expiry of the period as under sub-Section (2) of section 27A, but the Secretary in respect of any particular trader for reason recorded in writing, may extend the date of such payment, maximum upto a period of 15 days and allow the trader to pay the due market fee and the penalty if any by the extended date. Provided that if the Market Committee is satisfied with reasons and justification to be recorded in writing, the penalty imposed under this rule can be waived wholly or partially by the Market Committee after obtaining previous section of the Director of the Board: [Substituted by G.S.R. 12A dated 26.9.1993.]Provided further the penalty payable under the rule and levied under subsection (8) of Section 27A together shall not exceed the sum thrice to the fee levied or payable by such trader.](xii)Where any amount of the fee together with penalty is reduced as a result of order passed in Appeal or Revision, amount paid by the trader in excess of the amount finally determined as is payable by him, the Market Committee shall refund the said amount by cash payment or adjustment of such excess towards the amount payable by the trader for any other period provided that no claim for such return shall be entertained unless it is made within 90 days from the date of service of notice to the trader for such amount.(xiii)(a)If any person, from whom the market fee has been directly collected by the officers or staff or any other person of the Market Committee disputes the amount of fee payable by him, he may file an application before the Assessment Sub-committee containing full statement of facts and the relief sought for and the Sub-committee, after giving the petitioner a reasonable opportunity of being heard, shall pass necessary orders.(b)The order passed under this rule shall be applicable within 30 days of the receipt of the order and the provisions of section 27-B shall apply.
