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State of Jharkhand - Section

Section 98 in The Jharkhand Agricultural Produce Markets Rules, 2000

98. Licenced Traders.

- (i) No person shall carry on business as trader in agricultural produce in the market area except under and in accordance with the terms and conditions of the licence in Form XXIII issued in this behalf by the Market Committee.
(ii)Every person desiring to hold licence shall make an application in Form XIX to the Market Committee and shall pay the licence fee as specified under sub-rule (v).
(iii)Every licence issued, re-issued or renewed to a trader under this rule shall be in form prescribed under sub-rule (i).
(iv)Every licence granted under this rule shall be valid for the financial year ending with the 31st of March and may be renewed for a period of one year at a time. If the licence is renewed, such renewal shall be endorsed on the licence or on the duplicate, as the case may be.
(v)
(a)Fee for issue of licence to trader Rs. 50.
(b)Fee for renewal of the licence of trader Rs. 20, and
(c)Fee for issue of duplicate licence Rs. 10.
(vi)Notwithstanding anything contained in sub-rule (iv) the Market Committee may, on an application by a casual trader, issue a quarterly licence on payment of fee of Rs. 20 for each quarter on taking security from him as the Market Committee deems necessary.
Explanation. - The holder of quarterly licence shall not be eligible for being a voter in the trader's constituency.
(vii)[ On receipt of such application for carry on the business of trader, the Secretary, after getting the particulars contained in the application examined by his staff, can issue the license, if- [Substituted by G.S.R. 12A dated 26.9.1993.]
(a)it is satisfied that the applicant is solvent;
(b)cash security or Bank's or of third person's guarantee is given, and
(c)It is satisfied that the applicant is a desirable person to whom licence may be granted.]
(viii)[ In case of renewal of license, on application submitted in Form XIX (a), the Secretary, in addition to the requirements specified in Sub-Rule (vii), shall also take into consideration the following matters. - [Substituted by G.S.R. 12A dated 26.9.1993.]
(a)Whether the satisfactory trading was done by the trader during the previous year (last year);
(b)Whether the trader had complied fully with the conditions of the license;
(c)Whether conditions of the Act, Rules and bye-laws and directions of the Market Committee given from time to time, have been complied with.]
(ix)The licence so granted, shall be on the terms and condition as contained in the licence, agreeing to conform with these rules and bye-laws and such other conditions as may be laid down by the Market Committee in accordance with the bye-laws for holding the licence.
(x)Name of all such traders shall be entered in a register to be maintained for the purpose.
(xi)[ The provisions of the Act, shall not apply to a trader till his daily turn over does not exceed a sum of Rs. 1,000 (Rs. One thousand) or till the annual turnover does not exceed a sum of Rs. 50,000 (Rs. Fifty thousand) whichever is earlier, that is why a turnover of Rs. 1,000 (Rs. One thousand) on a day or Rs. 50,000 (Rs. Fifty thousand) during the course of a year whenever occurs, the provisions of the Act shall apply.] [Substituted by G.S.R. 12A dated 26.9.1993.]
(xii)[ Any trader to whom the Act applies, if carries on business of notified agricultural produce in the market area without a valid license issued by the Market Committee, shall in addition to any action taken under Section 48 of the Act, also be liable to pay a sum of Rs. 30 (Rs. Thirty only) as surcharge for each day of default for not obtaining the licence as required under the Sub-rule (1) in addition to the license and market fees payable by him.] [Substituted by G.S.R. 12A dated 26.9.1993.]