(1)Where Kacha Arhtiya is authorised to conduct auction himself, he shall be responsible to keep and maintain register in the same manner as are to be kept by the auctioneer.[(1A). Arrival/Heap Register. - The licensee shall maintain a Register as prescribed in Form F annexed to these bye-laws for agricultural produce coming to him or brought by him for sale. He shall enter the agricultural 'produce in the register' immediately on its arrival at his shop or platform for sale through him. The Register shall be written in Punjabi or Hindi and approximate weight shall be recorded in words and figures. The licensee shall also record in the Register the market and incidental changes received and paid to the labour engaged for the purpose. Any cutting or over- writing in the Register shall be authenticated by the Secretary, Market Committee or Mandi Supervisor-cum-Fee Collector authorised by him :] [Inserted vide Notification No. 7290 dated 30.3.1987 Punjab Gazette dated 24.4.1987 and further substituted vide notification No. 34867 dated 22.12.1989.]Provided that if any agricultural produce is recorded as unsold or having been taken back by the seller, a written intimation shall be sent to the Secretary, Market Committee to this effect immediately by the licensee.Provided further that Secretary of the Board may permit "Boli Bahi" or any other book with such columns as he may consider necessary in place of register in Form F in fruit and vegetable trade or retail trade or in any other trade. [Arhtia will submit a copy of transactions made by him to Market Committee daily] [Added vide Notification No. 4226 dated 31.3.2004 published in the Gazette dated 14.5.2004.].(2)The least difference between two bids offered for a lot of agricultural produce, in case of cotton, chillies, oil seeds and wool shall not be less than [rupees ten] [Substituted for 'rupee twenty' by Punjab Notification, No. Enf. 1/351. dated the 26th Septembber, 2007.] while in other cases not less than [rupees five] [Substituted for 'rupees ten' for by Punjab Notification, No. Enf. 1/351. dated the 26th Septembber, 2007.].(3)Rates offered in auction shall be on basis of one quintal and at decimal coinage.(4)When once the price of a lot of the agricultural produce has been settled by open auction, in favour of a person, the lot shall be delivered to such person and papers executed in its favour. No buyer shall be allowed to associate any other person in such a transaction before he has taken delivery and has made the payment in respect of such a transaction.(5)The buyer shall take delivery of entire lot of an agricultural produce auctioned to him including the portion of agricultural produce left over after the weighment of the lot into standard unit of filling.(6)If any agricultural produce is being traded without a licence in a notified market area, Secretary of the Committee may seize such produce for the purposes of confiscation by the Market Committee. Decision regarding confiscation in such matters shall be promptly made by the Market Committee.(7)[ The buyer shall lift the agricultural produce brought by him within [72] [Inserted vide Notification No. 7290 dated 30.3.87 Punjab Gazette dated 24.4.87.] hours of auction or purchase. In case of failure to so lift the produce, the buyer shall be liable to pay 25 paise per unit per day as demurrage to the Market Committee. If produce is not lifted within seven days, it may be lifted or removed from the Principal Market Yard or Sub-Market Yard or Purchase Centre by the Secretary, Market Committee at the cost of the buyer. The buyer shall also be liable to pay all costs incurred by the Secretary, Market Committee in keeping the produce till it is lifted by the purchaser:Provided that Market Committee may exempt buyer on request in writing from the operation of this bye-law partially or fully.(8)If any person encroaches upon the auction platform or roads in the market or otherwise misuses such premises or other property in the market, it shall be lawful for the Secretary, Market Committee to remove such encroachments after serving notices to the concerned persons, agency or licensee as the case may be, at his cost.[11A. Setting up of check post or barrier. - The Market Committee or its Secretary or any of its officers authorised by it in this behalf may require a vehicle or other conveyance or a common carrier loaded with agricultural produce which is on its way to market or coming out of the market, to stop and give particulars of the agricultural produce, its owner, buyer, seller, commission agent or arhtiya or licensee, quantity and the value of the produce. The driver or any other person incharge of such vehicle or conveyance or common carrier shall stop the vehicle, other conveyance or common carrier, keep it stationary as long as may reasonably be necesssary and allow the Market Committee or its Secretary or such officer authorised by it to examine the produce and other records or bills or bilties. The Committee may also require that such vehicles, other conveyances or common carriers entering the market shall have their vehicles, conveyances or common carriers weighed on the weighbridge of the Market Committee and that person concerned shall obtain entry vouchers from the clerk of the concerned Market Committee on duty at the gate, barrier or check post in such manner as may be laid down by the Committee.] [Inserted vide Notification No. 7290 dated 30.3.87 Punjab Gazette dated 24.4.87.][11B. The issuance of Gate Pass. - (1) All agricultural produce coming or brought to the market/principal market yard or sub-market yard shall be recorded in register maintained in Form 'I' by the committee.(2)For the agricultural produce taken out of the market/principal market yard or sub market yard, the buyer/dealer shall issue a gate pass in Form 'H' in triplicate two copies of which shall be given to the driver of the vehicle or other conveyance carrying the agricultural produce who shall give one copy to the gate clerk of the committee and retain the other. The counter-foil shall be retained by the dealer/buyer concerned.Provided that the Secretary Board may for reasons to be recorded in writing exempt any agricultural produce from the operation of this bye-law if in his opinion the issuance of gate pass in Form 'H' is not practicable.(3)If the agricultural produce is purchased by a person who is not a licensee, the gate pass shall be issued by the Kacha Arhtiya or the seller as the case may be.(4)The gate clerk of the committee shall maintain a register on the basis of entries in the gate pass.] [Added vide Notification No. 34867 dated 22.12.1989.]
