Section 29 in The Punjab Agricultural Produce Markets (General) Rules, 1962
29. Levy and collection of fees on the sale and purchase of agricultural produce.
- [Sections 23 and 43(2).] - (1) Under Section 23(a) Committee shall levy fees on the agricultural produce [bought or sold or brought for processing] [Haryana Notification dated 12.9.1975.] by licendees in the notified market area [at the rates] [Substituted by GSR 303/PA 23/61/S.43/42/Amd. (5)/63)dated 10.12.1963.] to be fixed by the Board from time to time:Provided that no such fees shall be levied on the same agricultural produce more than once in the same notified market area. A list of such fees shall be exhibited in some conspicuous place at the office of the Committee concerned:[Provided further that no such fee shall be levied on the wheat imported from a foreign country.] [Inserted by GSR 204/PA 23/61/S.43/Amd./(10)/66, dated 5.9.1966.] [or wheat or cotton brought for storage, processing or distribution from within the State by the Government or a Corporation in which the Government has the substantial interest.] [Inserted Vide Haryana Notification dated 12.9.1975.][Provided further that no such fee shall be levied on the certified seed.] [See Rule Ist Amendment Rules, 1979.];[Provided further that no such fee shall be levied on the wool imported from a foreign country for the purpose of sale, purchase, storage or processing only.] [Added by Haryana Notification No. 2427-Agri.S.(1)-97/17697 dated 8.9.1997.](2)The responsibility of paying the fees prescribed under sub-rule (1) shall be of the buyer and if he is not a licensee then of the seller who may realise the same from the buyer. Such fees shall be leviable as soon as an agricultural produce is bought or sold by a licensee.(3)The fees shall be paid to the Committee or a paid officer [or paid to an agency] [Words added by Haryana Notification No. 2310-Agri.S(1)-2003/25361, dated the 15th November, 2003.] duly authorised to receive such payment within [seven days] [Substituted for the words 'four days' by Haryana Notification dated 13.8.1987.] of the day of transaction :Explanation :- In computing the period of [seven days] [Substituted for the words 'four days' by Haryana Notification dated 13.8.1987.] specified in sub- rule (3) of rule 29 and sub-rule (1) of rule 31, the day of transaction shall be included.[Note 1 - The payment of fees exceeding Rs. 2000/- shall be made either in cash or through cheque drawn on the local scheduled bank where the office of the concerned committee is situated, subject to the condition that collection charges, if any, shall be borne by the licensee. [Inserted by Haryana Notification dated 13.8.1987.]Note 2 - In cases where unaccounted agricultural produce is detected by the officers of the Board or the Committee, as the case may be, the fees shall have to be paid, immediately, and the provision of payment within seven days shall not apply in such cases.](3)[ The collection of market fee may be leased or auctioned to an agency by the Market Committee with the prior approval of the Chief Administrator, for any period not exceeding one year at a time on such terms and conditions as laid down by the Market Committee. However, it shall be applicable only in case of fruits and vegetables in notified market area.] [Added by Haryana Notification No. 2310-Agri.S(1)-2003/25361, dated the 15th November, 2003.](4)A receipt in Form K shall be granted forthwith to the person making payment in respect of any fees paid under these rules.(5)Every officer or servant employed by a Committee for the collection of fees shall be supplied by the Committee with a badge of office in such form as may be prescribed by it. The badge shall be worn by the officer or servant concerned while discharging his duties.(6)Every such officer or servant shall before entering on his duties furnish such security as may be prescribed by the bye-laws of the Committee concerned.(7)For the purpose of this rule agricultural produce shall be deemed to have been bought or sold in a notified market area -(a)If the agreement of sale or purchase thereof is entered into in the said area; or(b)If in pursuance of the agreement of sale or purchase the agricultural produce is weighed in the said area; or(c)If in pursuance of the agreement of sale or purchase the agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.(8)If in the case of any transaction any two or more of the acts mentioned in sub-rule (7) have been performed within the boundaries of two or more notified market areas the market fee shall be payable to the Committee within whose jurisdiction the agricultural produce has been weighed in pursuance of the agreement of sale or, if no such weighment has taken place, to the Committee, within whose jurisdiction the agricultural produce is delivered.[30. Exemption from payment of market fees. - [Sections 23 and 43(2)(vii)] [Haryana Notification dated 12.9.1975.]. [(1) No market fee shall be levied on the sale or purchase of any Agricultural Produce manufactured or extracted from the agricultural produce in respect of which such fee has already been paid [in the notified market area in which the same was manufactured or extracted.] [Substituted for the words 'in any notified market area within the State' by Haryana Notification dated 21.10.1982.](2)[ The dealer concerned in the sale or purchase of any quantity of agricultural produce from which he manufactures or extracts any other agricultural produce shall maintain in form L true and correct accounts of the sale, purchase or processing, as the case may be, of the said agricultural produce and of any agricultural produce manufactured or extracted from it.] [Substituted by Haryana Notification dated 26.3.1982.](3)[ The dealer who claims exemption from the payment of market fee leviable on any agricultural produce manufactured or extracted from the agricultural produce in respect of which the market fee has already been paid in another notified market area, shall make declaration and give certificate to the committee in [Form L-1] [Substituted by Haryana Notification dated 13.8.1987.], where the fee has already been paid [within twenty days] [Substituted for the words 'within a week' by Haryana Government notification No. 295-Agri. S(I)- 91/6145 dated 26th March, 1991.] of the day of bringing of agricultural produce within the notified market area. shall be prepared in quadruplicate from the booklets duly attested and issued by the Secretary of the Committee against the payment fixed by the Committee. It will be the duty of the dealer claiming exemption from the market fee under this sub-rule to send the original copy of [Form L-1] [Substituted for the words 'Form LL' by Haryana Notification No.1158- Agri.Sec. (1)-2006/12017 dated 6.7.2006.] to the committee within whose market area the agricultural produce is brought. The Second copy shall be sent to the office of the committee within whose market area such agricultural produce was bought, and the third and fourth copies shall be retained by the dealer-purchaser and the dealer-seller, respectively; and the same shall be kept as a part of their accounts maintained in respect of market fees.](4)It shall be the duty of the dealer claiming exemption from market fee under [sub-rules (3),(5) and (6)] [Substituted for the words 'sub-rule (3) and (5)' by Haryana Notification No.1158-Agri.Sec. (1)-2006/12017 dated 6.7.2006.] above to produce a copy of the R/R, forwarding not, bilty or challan, as the case may be, duly signed by him or his authorised agent in the office of the committee from whose market area the agricultural produce is brought [-] [Deleted by Haryana Notification dated 21.10.1982.] the second copy in the office of the committee within whose market area the agricultural produce is brought [-] [Deleted by Haryana Notification dated 21.10.1982.] and the third copy to be retained by him :Provided that if no such copy of R/R, forwarding note, bilty or challan is produced in the office of the concerned committee, no claim for exemption shall be entertained.(5)[ The agricultural produce brought for processing from within the State [or from out side the State] [Inserted by Haryana Notification dated 21.10.1982.] and for which market fee has already been paid in any market in the State [or out side the State] [The words 'or from outside the State' and 'or outside the State', respectively, inserted vide No. 1352-Agri. S(1)-93/10233, dated the 31st may, 1993.] shall be exempt from payment of market fee second time :Provided that the dealer who claims exemption under sub-rule (5) from the payment of fee leviable on any agricultural produce brought for processing shall make declaration and give certificate to the committee in form LL duly attested by the Secretary of the committee where fee has already been paid within [twenty] [Substituted for 'ten' by Haryana Government notification No. 295-Agri. S(I)-91/6145 dated 26th March, 1991.] days of the bringing of agricultural produce within the notified market area and complies with the provisions of sub-rule (2).](6)[ No market fee shall be levied on agricultural and horticultural produce except Rice, Wheat, Mustard and Cotton used as raw material in food processing Industries within the State :- [Added by Haryana Notification No.1158-Agri.Sec. (1)-2006/12017 dated 6.7.2006.]Provided that the dealer who claims exemption under sub-rule (60 form the payment of fee leviable on any agricultural produce purchased for using as raw material shall maintain a record in L-II. In case such agricultural produce is brought from another notified market area then the dealer shall make declaration and give a certificate to the committee in Form L-ii duly attested by the Secretary from where the agricultural produce has been purchased, within twenty days of the bringing of agricultural produce.][-] [Deleted by Haryana Notification GRS 51/PA23/61/s43 Amd(1)/82 dated 26.3.1982.]
