State of Chattisgarh - Act
Chhattisgarh Krishi Upaj Mandi (Special Licence for more than One Market Areas) Rules, 2007
CHHATTISGARH
India
India
Chhattisgarh Krishi Upaj Mandi (Special Licence for more than One Market Areas) Rules, 2007
Rule CHHATTISGARH-KRISHI-UPAJ-MANDI-SPECIAL-LICENCE-FOR-MORE-THAN-ONE-MARKET-AREAS-RULES-2007 of 2007
- Published on 10 April 2007
- Commenced on 10 April 2007
- [This is the version of this document from 10 April 2007.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires : -Chapter II
3. Notified authority.
Chapter III
Issue of Special Licence
4. Licence Fees.
- The licence fee as under shall be payable by the applicant for the concerned function along with the prescribed application : -| (a) | Trader/Processor/CommissionAgent/Surveyor/Warehouseman/Godown Keeper | Rs. 2,00,000/-(Rupees two lakhs) |
| (b) | Broker/Transporter | Rs. 20,000/-(Rupees twenty thousand) |
| (c) | Weighman/by Beam Scale | Rs. 5000/-(Rupees five thousand) |
| (d) | Weighman/Electronic Weighbridge Holder/Operator | Rs. 10,000/-(Rupees ten thousand) |
| (e) | Hammal | Rs. 2,000/-(Rupees two thousand) |
5. Application for Licence.
6. Procedure regarding special licence.
7. Security.
- The notified authority/officer will always examine that the applicant does not purchase notified agricultural produce beyond the value of the daily purchase capacity as mentioned in his declaration form and if the licence holder purchases more that the limit declared by him, then the licence holder for the excess of purchase over and above the daily purchase capacity, will produce the amount of additional security immediately. The notified authority/officer will have the power to prohibit the purchase and dispatch of such produce in the concerned specified market areas and direct the Secretary of the concerned market area to prohibit immediately the purchase and dispatch of the notified agricultural produce of the such licence holder :Provided that it will not be necessary, for the undertaking of the State Government, to deposit amount of security with the application for special licence to do business of notified agricultural produce, in more than one market areas :Provided further that it will be necessary for such undertaking to make payment of notified agricultural produce to sellers of their agricultural produce under the provisions of Section 37.8. Disposal of the Security.
9. Period of Licence.
- Originally the period of special licence will be five years from the date of its grant. If the licence holder : -10. Issurance of Licence.
- The licence holder will display the original copy of the licence at the establishment of head quarter of the business and attested photocopy thereof on the associated establishment and purchase center of the specified market area. The attested photocopy of it will also be submitted to the market committee concerned of the specified market area.11. Suspension or cancellation of special licence.
(a)The special licence may be suspended or cancelled by the notified authority or officer, if the licence holder : -12. Information of refusal, rejection or suspension of licence.
- Information of order to refuse to grant/renew the special licence or suspend or cancel the licence by the notified authority/officer will be given to concerned person by : -Chapter IV
Appeal
13.
Any person aggrieved by order of refusal to grant special licence or suspension/ cancellation of special licence, may prefer an appeal, to the State Government, within 30 days from the date of receipt of order, and the order passed by the State Government, after giving reasonable opportunity of being heard, will be final.Chapter V
Conditions of Sale Purchases of Notified Agricultural Produce under Special Licence
14. Place of Sale-Purchase.
- Sale, Purchase of notified agricultural produce may be made in more than one market areas by the holder of special licence only in the market areas specified in the licence and in the market/sub-market yards, and at the purchase centres specified in the licence provided that the provisions of sub-rule (5) of rule 6 will be applicable on the holder of special licence also as well.15. Execution of Agreement.
16. Disposal of complaints of seller regarding payment.
- If any dispute arises between the holder of the special licence and the seller regarding rates, weigh, value and/or payment of purchased notified agriculture produce, then a complaint will be submitted to the Secretary of the market committee of the concerned market areas and its copy will be given to the Divisional Deputy Director. After proper inquiry of the case, the Secretary will dispose of the complaint within the period of seven days, but in case the complaint partains to the payment of seller, the Secretary will immediately take action and inform forthwith to the Managing Director and the notified authority/officer in writing.17. Duty of Licence holder.
- The purchaser trader, holding special licence, at the purchase centres of the specified market area, shall : -18. Recovery of market fees and its payment.
- The payment of the due market fees, will be deposited in the office of the market committee and receipt shall be obtained by the holder of the special licence, on the purchase of every notified agricultural produce in the specified market areas.19. Dispatch, Sale, Processing of notified agricultural produce.
- Only after making full payment of the value of notified agricultural produce purchased at every purchase centre in the specified market area, to the seller and making payment of market fees and Nirashrit Shulk to the market committee, the sale, processing or dispatch of notified agricultural produce will be made by the licence holder. For dispatch of the agricultural produce the holder of the special licence will have to obtain permit issued by the market committee as per provisions of sub-section (6) of Section 19 and the bye-laws.20. Submission of returns by the holder of special licence.
| 1. | Name of the Applicant/Firm, Address who/ whichdesires to do business in market areas. | |
| 2. | Name of the Applicant, Father's Name and FullAddress : | |
| Telephone No. | ||
| 3. | The Applicant is other than the Individual, thenname and address of the firm/Hindu undivided family/company/namesof all the workers/ partners/ directors and full address. |
| Name | Father's Name | Age | Address | Telephone No. | Name of the Police Station |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 4. | If the applicant firm is a company or is acooperative society, then the registration No. and date. | |
| 5. | Previous year's Licence No. (If any) | |
| 6. | Applicant's Commercial Tax No. and TIN No.Central Commercial Tax Registration No. | |
| 7. | Applicant's Permanent Account No. of Income Tax(PAN) | Photo copy enclosed - yes/no |
| (Please enclose Photo copy) | ||
| 8. | Name and Account No. of Bank in which theapplicant has account. |
| S. No. | Name of the Bank | Type of Account | Account No. | On the date of Application deposit amount in theaccount | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) |
| (Please enclose verified photo copy of all BankAccount to certify the available fund in bank account by theBranch Manager) | ||
| 9. | Capital invested by the applicant, firm etc. | |
| (Please give details) | ||
| 10. | Name of the market areas shown by the applicantin which business is proposed. |
| S. No. | Name of the Market Area shown | Name of the concerned market committee | Estimated Quantity of proposed agriculturalproduce for purchase in the market area shown [see Rule 3 (2)] |
| (1) | (2) | (3) | (4) |
| 11. | Name of the purchase centres proposed by theApplicant in the shown market area | |
| (Please enclose the lay out) |
| S. No. | Name of the Market Area shown | No. and the name of the proposed purchasecentres in every market area shown | Name of the purchase centre In-charge Manageradd. Telephone No. | Estimated quantity of agricultural produce forpurchase at the proposed purchase centre | Estimated market value of proposed produce |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 12. | Information of facilities ensured at thepurchase centre from the applicant | |
| (a) Electronic Weighbridge. | ||
| (b)Arrangement of Fresh Drinking Water. | ||
| (c) Arrangement of sufficient Light & Shed. | ||
| (d) Payment Counter/Officer. | ||
| (e) Other facilities which are available | (One) | |
| (Two) | ||
| (Three) | ||
| 13. | Layout of the purchase centre shown in Form No.11, of Godown available and storage capacity (Please enclose listand give information of the name, etc. of the owner of thegodown) |
| S. No. | Name of the Purchase centre | Available godown | Place of the godown | Name of the owner of godown | Place/position | Particulars of the land. etc. if the centregodown land is available |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| 14. | How much quantity or notified agriculturalproduce purchased last year at the approved purchase centres asper Point No. 10 & 11 (Enclose the list) |
| S. No. | Name of the Market | Name of the Purchase centre | Quantity of the agricultural produce purchased | Value of the produce |
| (1) | (2) | (3) | (4) | (5) |
| 15. | List of the persons/servants authorised to workfor the business of notified agricultural produce at all thepurchase centres from the applicant firm. | |
| S. No. | Name | Father's name | Address | Telephone No. |
| (1) | (2) | (3) | (4) | (5) |
| Allotted work and fixing of responsibility (Incase of any change in the allotted work, the information will begiver to the administrative market committee) | Designation capacity in the Firm/company/societyas owner/partnership/Director/Manager etc. | Specimen signatures (two) |
| (6) | (7) | (8) |
| 16. | List of the main place of business, head office,main office and branches, of the company/ firm/society. |
| S. No. | Main Place of business | Head Quarter office | Name/Address of branches | Name of branch in-charge, address telephone No.Office/Residence | Name of Head of the office, address TelephoneNo. Office/Residence |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 17. | Does the Applicant wish to purchase in thespecified market/sub-market yards of more than one market areas.If yes, then |
| S. No. | Name of the market committee and themarket/sub-market yard | Particulars of godown/shop available inmarket/sub-market yard |
| (1) | (2) | (3) |
| 18. | Is or has been in past, the applicant a licenceholder of any market committee of the State ? if Yes, then givedetails : - |
| S. No. | Name of the firm and the market | Licence Year | Type of the Licence | Quantity and value of the notified agriculturalproduce purchased last year in................ | Market fee paid |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 19. | (I) Has the Licence been suspended or cancelledduring the past five years by any market committee ? | ||||
| (II) has any Penalty been imposed by marketcommittee ? If Yes, then give reason : - | |||||
| 20. | Name of notified agricultural produce for thebusiness of which Licence is required. | ||||
| 21. | Total (estimated) quantity of the notifiedagricultural produce to be purchased at every purchase centre,shown/specified by the applicant. |
| S. No. | Name of the market area | Proposed purchase quantity of the notifiedagricultural produce |
| (1) | (2) | (3) |
| 22. | I/We declare that I/We have read and understoodthe Chhattisgarh Krishi Upaj Mandi Adhiniyam 1972, rules andbye-laws framed thereunder. I/We will adequately comply withthem and they will be acceptable to me/us. |
| Place.............. | Signature of the Applicant and Seal |
| Date................... | (including designating capacity) |
2. The applicant has properly read the Chhattisgarh Krishi Upaj Mandi Adhiniyam rules, bye-laws, manual, by complying with the arrangements provided in them business notified agricultural produce will be undertaken.
3. No case is pending before the market committee or any court pertaining to the payment of notified agricultural produce due to the sellers or market fee due to the market committee.
4. Licence provided to the applicant will be liable to the suspended or cancelled on contravention of the arrangements provided in the Act, rules bye-laws, manual.
5. The applicant assures that the orders/directions issued by the Board or the market committee will be fully complied with.
6. The applicant is submitting all the prescribed necessary fees and documents enclosed with the application for licence.
Enclosure : 1...................2.
..................3.
..................| Place: | |
| Date: | Signature of Partners/Directors |
1. Received total Rupees...........Paise.....(in words Rupees).................... as per the Money Receipt No...........dated.................and entered in Licence Register at Serial No...............
| (Clerk) | (Accountant) |
2. The verification of account books produced by the applicant for.....................has been made with the Ledger by the specified market committee and the market fees rupees..............and Nirashrit Shulk Rs.............has been got deposited on the value of purchases made by the applicant for the whole year.
For the financial year............the applicant has submitted as below the FDR Bank Guarantee for Rs.................being the proportionate equivalent amount for the value of a single day maximum purchase of the proposed notified agricultural produce in the specified market areas for purchase : -| (Accountant) | (Asstt. Secretary) | (Secretary) |
3. No./Date of the order issued regarding rejection of special licence.
orIn case of grant, Licence No.......................| Dealing Assistant | Notified Authority/Officer |
2. I/We also undertake that the full payment, of the notified agricultural produce, purchased by me/us at the purchase centre, will be made on the same day under the conditions of Section 37.
3. I/We also undertake that in the event of contravention of condition of Section 37, on the sixth day my/our licence will automatically stand cancelled under clause (c) of sub-section (2) of Section 37 and for next one year no licence will be granted to me/us or to any of relatives under this Act and on being so I/We have no objection.
4. It is also undertaken by me/us that I/We will not purchase notified agricultural produce more than the quantity declared. If the quantity more than the declared capacity is purchased by me/us purchase capacity is increased, then FDR and/or Bank Guarantee of the additional amount of trust/security in production to the increase in purchase capacity will be submitted in favour of Board, immediately.
5. I/We undertake that in case the undertaking given as above and the provisions of the Act, rules and the bye-laws are contravened by me/us then the administrative market committee and the notified authority/officer will have power to cancel my/our licence in which I/We do not have any objection.
6. I/We also declare that on the date of application following movable immovable property are available on my/our name on which my/our ownership are legal : -
| 1. | Movable Property | Name of the Bank | Account Number | Deposit Amount |
| (a) Deposit Amount in Current Account (s) | ||||
| (b) Deposit Amount in Saving Account (s) | ||||
| (c) Amount in Fixed Deposit. | ||||
| (d) Other Deposit amount | ||||
| Total |
| 2. | Immovable Property | Place | Area | Estimated Market Value |
| (a) Land | ||||
| (b) Building/Shop/Factory/Godown | ||||
| (c) Other Property |
| Place : | Signature of the Authorised person |
| Date : | Name of the applicant |
| Designation/Capacity | |
| Full Address |
1. Shri/Smt./Kum./Messers/Firm (Full Address)....:...................... has/have been granted the special licence on (dated)........for business of the mentioned notified agricultural produce in more than one market areas noted below under Section 32-A of the Act: -
| S. No. | Name of the Special market area in which thelicence is granted for business | Name of the concerned marketcommittee/committees | Name of the approved purchase centres under thespecified market area | Place of the business address of the office | Name designation and address of the head ofofficer |
| (1) | (2) | (3) | (4) | (5) | (6) |
2. This special licence will be effective from the date.................to 31st March, ............but on contravention of provisions of the Act, rules and the bye-laws framed thereunder it may be suspended or cancelled at any time.
3. This licence may be suspended or cancelled on the following main grounds.
| Place : | |
| Date: | ( ) |
| Seal of the Office of Issuing Licence | Notified Authority/Officer |
| S. No. | Name of the Market committee of the specifiedmarket area |
| (1) | (2) |
1. List of the purchase centre to be established has been enclosed with the application for purchase of the notified agricultural produce, in the shown/specified market areas by the applicant.
2. It is also certified that the FDR/Bank Guarantee No.................prepared in favour of Board at.................District.................has been given, as declared in Form VI (R) pertaining to the daily purchase capacity by me/us of maximum value Rs...........of a single day purchase of notified agricultural produce, on trust/ security for Rs....................In case of contravention of provisions of Section 34, the FDR/Bank Guarantee deposited as trust/security may be used by the notified Authority/Officer at any time making payment to the through the secretary of the administrative market committee.
3. It is also certified that if the full payment of notified agricultural produce purchased at the purchase centre is not made to the sellers on the same day be the applicant, then the power will vest with the Secretary of the administrative market committee to make payment of the due amount to the seller from the FDR also, prepared as above in favour of the market committee.
4. It is also certified that as a result of deposit of amount by above FDR/Bank Guarantee Sellers do not have risk of payment of his agricultural produce to be purchased by the applicant.
| Place : | Signature of authorised person |
| Date : | Name of applicant |
| Designation/Capacity |
1. Name of the specified market area..................... Name of the purchase centre.......................
2. Name of Seller..................Address..................................................
3. Name of Agriculture Produce.............Type (If any)..................... Estimated Quantity Bags/Bales...........................................................
4. Rates as per agreement/Rate per Quintal/Bale Rs........................
| Signature of authorised representative ofpurchaser, | |
| Signature of Seller | Traderfirm........................................ |
| Name.................................................. |
1. Stuffing 2. No. of Bags/Bales 3. Total Weight/Quantity
(Weight/Quantity in words..........................Signature of Weighman/Operator)Conditions. - (1) I Agreement is made that for the agricultural produce mentioned above, the purchasers bound to purchase and the seller is bound . to sell, Denial will not be made to accept the agricultural produce of the seller directly by the Purchaser. In case of denial to accept, action will be taken under the provisions of bye-laws. The licence of the Purchaser will be liable to be suspended or cancelled, on contravention of the agreement.| S. No. | Name of the Specified market area | Name of the Agricultural Produce | Opening Stock of the fortnight Wt/Qty. |
| (1) | (2) | (3) | (4) |
| In the fortnight from different sources | |||||||||||
| Purchase from market/sub-market yard | Purchase at purchase centers | Purchase in specified market area | Purchase from out of market area on permits | Purchase from out of the state on bills | Total Pur. (5+7+9+11+13) | ||||||
| Wt/Qty. | Value | Wt/Qty. | Value | Wt/Qty. | Value | Wt/Qty. | Value | Wt/Qty. | Value | Wt/Qty. | Value |
| (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) |
| Due Market Fees | Purchased as Market Fees paid | Market Fees Deposited | ||||
| Stock available for sale (4+15) Wt./Qty. | Wt./Qty. on which market fees is due | value on which market fees is due | Wt./Qty. on which market fees has been paid | Value on which market fees has been paid | Amount (Rs.) | Receipt No./Date |
| (17) | (18) | (19) | (20) | (21) | (22) | (23) |
| For Dispatch/Use sale | |||||
| Sale on bills to Traders in/to specified marketarea | Own use for Processing Dispatch/Sale | Sale/dispatch on permits out of market area | Sale on permits out of the State | Total Sale/dispatch during the fortnight Wt/Qty(24+25+26+27) | Balance stock during the fortnight Wt/Qty(17-28) |
| (24) | (25) | (26) | (27) | (28 | (29) |
2. To enclose a verified photocopy of the processing register with report as above is also necessary in the case of own use for processing regarding Column 25.
It is certified that above information is based on the certified, true and correct accounts and documents available with the firm and is given by security/ reconciliation is fully correct.Place :| Date : | Signature of the Trader/Representative of the firm |
| S. No. | Name of Purchaser | Address | Name of the produce purchased | Qty./ Wt. | Rate(Rupees) | Value of the Agricul. produce | Amt. paid(Rupees) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| No. and Date of sale voucher | Date of the submission | Qty. of the Agricultural produce purchased atthe purchase center during the year till previous day | Value of the Agricultural produce purchased atthe purchase center during the years till previous day |
| 9 | 10 | 11 | 12 |
1. Name of the purchaser trader..............................Name of the market area.......................... Name of the Purchase center.....................
2. Name of the Seller............................Address.........................................
3. Executed agreement form No........................
| Name of Agricultural Produce | Actual Qty./wt. after weighment as per agreementform | Rate, as per agreement form (Rs.) | Value of the Agriculture produce | Additional, payment in case of delay pay | Amount of hammali/ weighment recovered as perbye-laws | Net payment made to the seller |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| (Signature of the Trader/Representative of theFirm) | Signature of seller |
| S. No. | Name of Agricultural produce purchased | Purchased Qt./weight | Value of produce | Name of the seller trader who sold the produce | Place | Bill/Permit No. | Date of the Bill/Permit |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Date................. | Signature of Representative of Firm |
| Name........................................... | |
| Designation/capacity......................... |
| S. No. | Name of Agricultural | Name of the purchaser/trader to whom the produceis sold | Place | Issued Bill No. | Date | Qty. of the produce | Value of the produce |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Date................................ | Signature of Representative................ |
| Name................................................... | |
| Designation......................................... |