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State of Punjab - Section

Section 24 in The Punjab Agricultural Produce Markets (General) Rules, 1962

24. Sale of Agricultural Produce.

- [Section 43 (2) (vi)] - (1) All agricultural produce brought into the market for sale shall be sold by open auction in the principal or sub market yard :[Sub-market yard :] [Added vide Notification No. G.S.R. 30/P.A. 23/61/S.43 Amd. (52)/99 dated 30.3.1999.][Provided that with the permission of the [Chairman of the Board] [Substituted vide Notification No. 11/13/93-M3/5762, dated 27.8.2003.] or any officer authorised by him in this behalf, the agricultural produce may also be brought or sold through bi-lateral transactions within the notified market area of a committee at a place of business of a licensee out side the principal or sub- market yard on the terms and conditions as may be specified by the Board. The buyer shall maintain a register in Form 'R' and furnish information in Form 'R-1' to the committee alongwith return in form M].
(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 [Chairman of the Board] [Substituted vide Notification No. 11/13/93-M3/5762, dated 27.8.2003.] or an officer authorised by him] shall fix timing 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 [Chairman of the Board] [Substituted vide Notification No. 11/13/93-M3/5762, dated 27.8.2003.] or an officer authorised by him] 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 produce for which he has made a bid and he shall have no right to retract it.
(8)As soon as the auction for a lot is over the auctioneer shall fill in the particulars in a book to be maintained in Form H and shall secure the signatures of both of the buyer and the seller or their respective representatives, whoever may be present at the spot.[(8 A)] [Substituted vide Notification No. 11 (13)-M-III-83/9379, dated 4/5/1988.] A register in Form H shall be maintained by the Committee in which the agricultural produce which remained unsold during the course of auction be entered and it shall be obligatory for every dealer or Kacha Arhtiya or commission agent, as the case may be, to report about the unsold produce to the Committee as soon as his agricultural produce is sold.
(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 after the auction according to local usage or custom [or as per provisions of rule 13.] [Substituted vide Notification No. GSR 167/PA, dated 3.7.1966.]
(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] [Substituted vide Notification No. GSR 167/PA, dated 3.7.1966.] :Provided that a Co-operative Society shall be exempt from the operation of this rule.
(11)[ (a) The Kacha Arhtia shall make payment to the seller through account payee cheque or by electronic transfer immediately after the weighment is over. If payment is not made by the kacha arhtia as stated above, then the same shall be recovered by the market committee concerned from him, and it shall be made to the seller concerned ] [Substituted by Punjab Government Notification No. G.S.R. 37/P.A.23/1961/S. 43/Amd.(62)/2009, Dated 1.10.2009.]:Provided that the seller shall be at liberty to receive payment up to rupees ten thousand in cash in a calendar month for the agricultural produce sold by him during the month.
(b)The incidental and market charges, payable to different market functionaries, shall be paid as provided in the byelaws.".
(12)Every Kacha Arhtiya shall, on delivery of agricultural produce to a buyer, execute a memorandum in Form I 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 Arhtiya;[Provided that nothing in this sub-rule shall apply where agricultural produce, being vegetable or fruit, not exceeding one quintal is weight in delivered.] [Added vide ibid.]
(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 Arhtiya on delivery of Form I.
(14)Delivery of agricultural produce after sale shall not be made or taken unless and until the Kacha Arhtiya or, if the seller does not employ a Kacha Arhtiya, the buyer has given to the seller a sale voucher in Form J, the counterfoil whereof shall be retained by the Kacha Arhtiya or the buyer, as the case may be.[24A. Commission of Katcha Arhtia. - The commission of Katcha Arhtias for services rendered in connection with the sale, purchase, storage and processing of agricultural produce mentioned below, shall be paid at the following rates, namely] [Substituted vide Punjab Notification dated 22.5.1998.] :-
Name of Agricultural Produce Rate of Commission
(i) cereals i.e. Wheat (Kanak) Barley (Jau), Maize (Makki),Great Millet (Jower), Spiked Millet (Bajra) Paddy and Rice (Dhanand Chawal); 2.5 per cent
(ii) all fruits and Vegetables Except Chillies (dry andgreen); 5 per cent
(iii) Chillies (dry and green); 1.5 per cent
(iv) Dry and Green fodder; and 3 per cent
(v) all other items (other than those specified in items (i)to (iv) mentioned in the Schedule of the Act. 2.5 per cent
[24B. Seizure of the agricultural produce. - (1) The agricultural produce belonging to a person selling without a valid licence shall be liable to be confiscated.
(2)
(a)The Secretary of the Committee shall seize the agricultural produce referred to in sub-rule (1) and thereforth he shall prepare a seizure memo, of the agricultural produce so seized giving such of the following particulars as may be available on the spot :-
(i)Name of the agricultural produce;
(ii)Weight or available description of the vehicle;
(iii)Name of the driver of the vehicle;
(iv)Builty or consignment No.;
(v)Name of the consignee or consignor;
(vi)Place from where the agricultural produce is seized; and
(vii)Such other particulars as may be considered necessary.
(b)The seizure memo, shall be signed by the Secretary of the Committee, the driver of the vehicle or the person from whose possession the agricultural produce is seized and if the driver or the person from whose possession the agricultural produce is seized does not sign the seizure memo., it shall be signed by two witnesses alongwith the signatures of the Secretary of the Committee.
(3)The Secretary of the Committee shall inform the Chairman of the Committee about the seizure referred to in sub-rule (2) for convening a meeting of the Committee or of the Sub-Committee, as the case may be, for taking a decision regarding its confiscation and the meeting of the Committee or the Sub- Committee, as the case may be, shall be convened within forty-eight hours of the seizure of the agricultural produce :Provided that the order to confiscate the agricultural produce shall not be made without giving the person concerned an opportunity to show cause as to why such order should not be made.
(4)The confiscated agricultural produce shall be disposed of in an open auction or in such other manner as may be decided by the Committee and the sale proceeds thereof shall be deposited in the Market Committee Fund.] [Inserted by Notification No. 11 (13)-M-III-83/9379 dated 4.5.88.]