Section 24 in The Punjab Agricultural Produce Markets (General) Rules, 1962
24. Sale of Agricultural Produce.
- [Section 43(2)(iv).] (1) All agricultural produce brought into the market for sale shall be sold by open auction in the principal or sub-market yard.(2)Nothing in sub-rule (1) shall apply to a retail sale as may be specified in the bye-laws of the Committee.(3)A Committee may, and on being directed by the [Chief Administrator] [Substituted for the words 'Chairman of the Board' by Haryana Notification dated 2.12.1980.] shall, fix timings for the starting and closing of the auction in respect of any agricultural produce, other than fruits and vegetables.(4)The price of agricultural produce shall not be settled by secret signs or secret bid and no deduction shall be made from the agreed price of the consignment.(5)The auction shall not be conducted by any person other than the person engaged by the Committee :Provided that under special circumstances the [Chief Administrator] [Substituted for the words 'Chairman of the Board' by Haryana Notification dated 2.12.1980.] may allow a Committee to make or permit any alternative arrangement :Provided further that nothing in this sub-rule shall apply to the auction of vegetables and fruits.(6)The highest bid offered by a buyer at an auction and at which the seller of the produce gives his consent to sell his produce, shall be the sale price of the produce.(7)The buyer shall be considered to have thoroughly inspected the agricultural produce for which he has made a bid and he shall have no right to retract from it.(8)As soon as the auction for a lot is over the auctioneer shall fill in the relevant particulars in a book to be maintained in Form H and shall secure the signatures of both the buyer and the seller or their respective representatives, whoever may be present at the spot :[Provided that the vegetable and fruit dealers shall be allowed to note down the auction in mundi Bahi instead of register in form H and the Mundi Bahi sh all be paged, properly bounded in a book of at least one hundred pages or multiple thereof and the first and last page thereof of shall be signed, stamped and dated by the Secretary of the Committee or any other official authorised by him in this behalf.] [Haryana Notification dated 12.9.1975.](8A)A register in form H H shall be maintained in the office of the committee and all heaps of agricultural produce which remain unsold during the course of auction shall be entered in this register. It shall be duty of every Kacha Arhtia to report to the Committee as soon as the unsold heaps are disposed [of] [Substituted for the word' off' by Haryana Notification dated 26.3.1982.].(9)The buyer shall be responsible to get the agricultural produce weighed immediately after the auction or on the same day the produce is purchased by him and the seller or the buyer shall be liable for any damage to, or loss of, or deterioration in, the produce [-] [Omitted the words 'after the auction according to the local usage or custom' by Haryana Notification dated 2.2.1990.].(10)A person engaged by a producer to sell agricultural produce on his behalf shall not act as a buyer either for himself or on behalf of another person in respect of such produce without the prior consent of the producer :[Provided that this sub-rule shall not apply to a Co-operative Society] [Substituted by Haryana Notification dated 26.3.1982.];(11)The Kacha Arhitya shall make payment to the seller immediately after the weighment is over.(12)Every Kacha Arhitya shall, on delivery of agricultural produce to a buyer, execute a memorandum in Form 1 and deliver the same to the buyer on the same day or the following day, mentioning sale proceeds plus market charges admissible under rules and bye-laws. The counterfoil shall be retained by the Kacha Arhitya :Provided that nothing in this sub-rule shall apply where agricultural produce, being vegetable or fruit, not exceeding one quintal in weight is delivered.(13)In the absence of any written agreement to the contrary the sale price of agricultural produce purchased under these rules shall be paid by the buyer to the Kacha Arhitya on delivery of Form 1.(14)Delivery of agricultural produce after sale shall not be made or taken unless and until the Katcha Arhitya or, if the seller does not employ a Kacha Arhitya, the buyer has given to the seller a sale voucher in Form J, the counterfoil whereof shall be retained by the Kacha Arhitya or the buyer, as the case may be.
