Section 10 in Cardamom (Licensing and Marketing) Rules, 1987
10. [ Terms and conditions for issue or renewal of licences. [Inserted by Notification No. G.S.R. 816(E), dated 18.11.2014 (w.e.f 26.2.1987).]
(1)The terms and conditions for issue or renewal of auctioneer licence shall be as under :-(a)for e-auction, the applicant shall provide a security deposit in the form of a Bank Guarantee (equivalent to the average auction sale value of cardamom in one auction during the immediate preceding block period of three years) for the block period for which the applicant desires to obtain the auctioneer licence;(b)for conducting e-auction using the Boards common facility, an auctioneer shall pay a user fee of Rs. 300/- per ton of cardamom sold in an auction plus service tax as applicable. The user fee shall be increased by twenty-five per cent rounded to the nearest Rs.10/- for every succeeding block period;(c)Bank Guarantee shall not be applicable for manual auction;(d)manual auctioneer licence shall not be issued in a State where the Board has established common e-auction centres;(e)the auctioneer shall pay the growers whose cardamom is pooled, the applicable sale value of the cardamom sold in an auction within ten days from the date of the auction. If the auctioneer defaults to make payment as per the terms and conditions of the licence, the Board shall invoke the Bank Guarantee of the auctioneer forthwith for arranging settlement of amount due to growers and take steps for suspension and/or cancellation of the licence;(f)the auctioneer shall provide necessary storage facilities including electronic weighing machine and moisture meters for pooling the cardamom in places convenient to the farmers.(g)the auctioneer shall conduct the auction at a place and on a day and time specified by the Board;(h)the auctioneer shall draw one thousand five hundred grams out of each lot (the quantity of cardamom pooled for auction as desired by the farmer), of cardamom offered for pooling and the quantity of sample drawn shall be recorded in the crop slip issued to the person whose cardamom is pooled. Out of the sample drawn, one hundred grams shall be set aside as purchaser sample and fifty grams shall be put on display at the auction centre. The remaining one thousand three hundred fifty grams shall be used by the auctioneer for distributing as samples during the bidding process of the said lot. The auctioneer shall refund the value of one thousand three hundred fifty grams of cardamom to the growers from the sample drawn. Thereafter, the total amount payable by the auctioneer to the person who pooled the cardamom shall be the sum of the sample refund value and the value for which the lot has been sold in an auction after deducting the eligible one per cent commission on the total amount. No additional charges shall be deducted in the name of wastage, weight loss and charity;(i)the auctioneer shall not charge more than one per cent of the sale price as commission for the services rendered by him;(j)the auctioneer shall not take or accept for himself or on behalf of the purchaser any discount or payment in cash or in kind other than the one per cent. commission due to him. The auctioneer shall ensure that the owner/seller gets value for the entire quantity of cardamom sold in the auction;(k)[ the auctioneer shall maintain a register in the specified form and forward a copy of the same to Spices Board within seven days from the date of auction.(l)the auctioneer shall submit an interim report of the auction to Spices Board, on the next day of the auction in the form specified by the Board.](m)every auctioneer shall produce on demand for inspection by any officer of the Board authorised in this behalf by the Chairman, all accounts, registers and other records kept by him in connection with his business as cardamom auctioneer;(n)on transfer of his business to another person, the auctioneer shall intimate the same to the Board and surrender his licence and the transferee shall obtain a fresh licence in accordance with the provisions of these rules;(o)on the death of a licensed auctioneer, the original licence issued to him shall terminate. However, the legal heirs and if there are more than one legal heir of the deceased, any one of them nominated by the others, may apply to the Board for the issue of a fresh licence in accordance with the provisions of these rules;(p)the auctioneer shall in respect of each auction recover payment due from bidders within seven days from the date of the auction and clear the dues to the growers within ten days from the date of auction and non-payment of dues to growers within the period so specified without any reason to the satisfaction of the Board shall be a violation of the conditions of licence. The information regarding dues to growers and from traders and their respective settlement shall be furnished to the Board in respect of each auction on a monthly basis. The auctioneers shall keep any unclaimed amount due to the growers in a separate account in the Bank and details thereof shall be intimated to the Board in respect of each auction on a monthly basis;(q)the auctioneer shall ensure that the cardamom pooled in an auction is free from any adulteration, contamination and artificial colouring.(2)The terms and conditions for issue or renewal of dealer licence shall be as under :-(a)The licensed dealer shall purchase cardamom only from registered estate owners/growers or licensed auctioneers;(b)dealer shall not solicit or accept any amount in cash or in kind from cardamom producers or auctioneers, whether by way of discount or commission;(c)[ every dealer shall maintain a register in the form specified by Spices Board. [Substituted by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).](d)every dealer shall submit a monthly return in the form specified by Spices Board so as to reach the Board on or before the 10th day of the succeeding month.](e)on transfer of his business to another person, the dealer shall intimate the same to the Board and surrender his licence and the transferee shall obtain a fresh licence in accordance with the provisions of these rules;(f)on the death of a licensed dealer, the original licence issued to him shall terminate. However, the legal heirs and if there are more than one legal heir of the deceased, any one of them nominated by the others, may apply to the Board for the issue of a fresh licence in accordance with the provisions of these rules;(g)every dealer shall produce on demand for inspection by any officer of the Board authorised in this behalf by the Chairman, all accounts, registers and other records kept by him in connection with his business as cardamom dealer;(h)the dealers shall pay the auctioneers the value of the cardamom purchased in respect of an auction within seven days from the date of auction. Non-payment of the purchase value within the specified period shall be treated as a violation of the conditions of license.][***] [Omitted 'Form A' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form A1' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form B' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form B1' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form B3' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form C' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form D' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form E' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).][***] [Omitted 'Form F' by Notification No. G.S.R. 215(E), dated 8.3.2018 (w.e.f 26.2.1987).]
