Section 28 in The Gujarat Agricultural Produce Markets Act, 1963
28. Power to levy fees.
- [(1)] [Renumbered by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).] The market committee shall, subject to the provisions of the rules and the maxima and minima from time to time prescribe, levy and collect fees on the agricultural produce bought or sold in the market area:Provided that the fees so levied may be collected by the market committee through such agents as it may appoint.(2)[ (a) The market fee specified in sub-section (1) shall not be levied for the second time in any' market area from the buyer who is a processor, grader, packer, value addition centre or exporter of an agriculture produce and market fee has already been paid on that agricultural produce in any market and the information in this context has been furnished, as prescribed, by the person concerned that the payment of market fee has already been made in other market, provided such proof as may be prescribed is furnished to the Director by the buyer who is doing processing, grading, packing, value addition or export within such period as may be prescribed by the Government.(b)On the agricultural produce brought in the market area for commercial transaction or for processing, if the permit issued under clause (e) has not been submitted, the market fee shall be deposited by the buyer or processor, as the case may be, in the office of the market committee, within fourteen days but before sale or resale or processing or export outside the market area:Provided that in case any agricultural produce is found to have been processed, sold or resold or dispatched outside the market area without payment of market fee payable on such produce, the market fees shall be levied and recovered on five times the market value of the processed produce or value of the agricultural produce, as the case may be.(c)The market fee shall be payable by the buyer of the agricultural produce and shall not be deducted from the price payable to the agriculturist seller:Provided that where the buyer of a agricultural produce cannot be identified, all the fees shall be payable by the person who may have sold or brought the produce for sale in the market area:Provided further that in case of commercial transactions between traders in the market area, the market fee shall be collected and paid by the seller.(d)The market functionaries, as the market committee may by bye-laws specify and in the case of market established under Chapter IVA of this Act as the Director may specify, shall maintain accounts relating to sale and purchase or processing or value addition in such manner as may be prescribed and submit to the market committee, the periodical returns, as may be prescribed.(e)Any agricultural produce shall be removed out of the market area only in the manner and in accordance with the permit issued in such form, as may be prescribed. The vehicle carrying agricultural produce shall be accompanied by such proofs as may be prescribed.Provided that the producer of the agricultural produce himself may remove the agricultural produce from one place to another without such permit.] [Sub-section (2) added by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](3)[ (i) The market committee shall allow the trade in those items of the agricultural produce which are not specified in the notification published under sub-section (1) of section 5 for such market area.(ii)The market committee may collect user charges for allowing the trade as provided in clause (i), at the rate not less than thirty paise and not exceeding two rupees per every hundred rupees.]
