Section 27 in The Gujarat Agricultural Produce Markets Act, 1963
27. Licences, their issue, renewal, suspension, or cancellation, etc. and appeals against refusal, suspension, etc. of licence.
(1)On the establishment of a market, the market committee may, subject to rules made in that behalf, grant or renew a general licence or a special licence [within ninety days of making an application for such licence] [Inserted by Gujarat Act No. 14 of 2015, dated 10.4.2015.] for the purpose of any specific transaction or transactions to a trader, general commission agent, broker, weighman, surveyor, warehouseman or any person to operate in the market area or part thereof, or after recording its reasons therefor, refuse to grant or renew any such licence.[Provided that the general licence shall be granted or renewed only for the purchase and sale of such agricultural produce as has been declared by the Director under section 5 of this Act.] [Inserted by Gujarat Act No. 14 of 2015, dated 10.4.2015.](2)Licences may be granted under sub-section (1) in such forms, for such periods, on such terms and conditions and 'restrictions (including any provision for prohibiting brokers and commission agents from acting in any transaction both as buyer and seller, or on behalf of both the buyer and seller, and provision for regulating advances, if any, to be made to agriculturists by brokers, commission agents or traders and any provision for prescribing the manner in which and the places at which auctions of agricultural produce shall be conducted and the bids made and accepted and places at which weighment and delivery of agricultural produce shall be made in any market area) as may be prescribed or determined by the bye-laws and on payment of fees determined by the market committee within such maxima as may be prescribed.(3)A market committee may, for reasons to be recorded in writing, suspend or cancel a licence,-(i)if the licence has been obtained through wilful misrepresentation or fraud, or(ii)if the holder thereof or his servant or any person acting on his behalf with his express or implied permission, commits a breach of any of the terms, conditions, or restrictions imposed by the licence, or(iii)if the holder of the licence has been adjudged an insolvent and has not obtained his discharge, or(iv)if the holder of the licence is convicted of any offence under this Act: [or] [Added by Gujarat Act No. 14 of 2015, dated 10.4.2015.](v)[ if, the licensee has not carried out the sale and purchase of agricultural produce for which the licence has been granted or renewed in conformity with the terms and conditions of the licence for the entire previous financial year; [Inserted by Gujarat Act No. 14 of 2015, dated 10.4.2015.](vi)if, the market fee payable under section 28 of this Act remains unpaid:]Provided that no licence shall be suspended or cancelled unless the holder thereof has been given a reasonable opportunity to show cause against such suspension or cancellation.(4)If in respect of any holder of a licence, it appears to the Director that on any ground specified in sub-section (3) an action under that sub-section by the market committee was necessary but that the market committee has not taken any such action, the Director may, on any such ground and for reasons to be recorded in writing and after giving a reasonable opportunity to the holder of the licence to be heard, by order suspend or cancel any licence granted or renewed under this section.(5)Any person aggrieved by an order refusing to grant or renew a licence or suspending or cancelling any licence may, appeal within thirty days from the date of the communication of the order to him-(i)to the Director, if such order has been made by a market committee, and(ii)to the State Government, if such order has been made by the Director.(6)The Director or as the case may be, the State Government after giving the appellant a reasonable opportunity of being heard, shall on such appeal make such order as is deemed just and proper.
