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State of Madhya Pradesh - Section

Section 19 in The M.P. Krishi Upaj Mandi Adhiniyam, 1972

19. Power to levy market fee.

- [(1) Every Market Committee shall levy market fee,-(i)on the sale of notified agricultural produce whether brought from within the State or from outside the State into the market area; and(ii)on the notified agricultural produce whether brought from within the State or from outside the State into the market areas and used for processing;at such rates as may be fixed by the State Government from time to time subject to a minimum rate of fifty paise and a maximum of two rupees for every one hundred rupees of the price in the maimer prescribed :Provided that no Market Committee other than the one in whose market area the notified agricultural produce is brought for sale or processing by an agriculturist or trader, as the case may be, for the first time shall levy such market fee.] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).]
(2)The market fees shall be payable by the buyer of the notified agricultural produce and shall not be deducted from the price payable to the seller :[Provided that where the buyer of a notified agricultural produce cannot be identified, all the fees shall be payable by the person who may have sold or brought the produce for sale in the market area :Provided further that in case of commercial transaction between traders in the market area, the market fees shall be collected and paid by the seller] [Substituted by M.P. Act No. 18 of 1979 (w.e.f. 7-2-1979).]:[Provided also that no fees shall be levied upto 31st March, 1990 on such agricultural produce as may be specified by the State Government by notification in this behalf if such produce has been sold outside the market yard or sub-market yard by an agriculturist to a co-operative society of which he is a member :] [Inserted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).][Provided also that for the agricultural produce brought in the market area for commercial transaction Or for processing the market fee shall be deposited by the buyer or processor as the case may be, in the Market Committee office within [fourteen days] [Inserted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] if the buyer or processor has not submitted the permit issued under sub-section (6) of Section 19.]
(3)[ The market fees referred to in sub-section (1) shall not be levied on any notified agricultural produce,-
(i)in more than one market area, in the State; or
(ii)more than once in the same market area; if it is re-sold,-
(a)in the case of (i) in the market other than the one in which it was brought for sale or bought or sold by an agriculturist or trader, as the case may be, for the first time and has suffered fee therein; or
(b)in the case of (ii), in the same market area;
in the course of commercial transactions between the traders or to consumers [subject to furnishing of information in such form as may be prescribed in the bye-laws by the person concerned to the effect] [Substituted by M.P. Act No. 5 of 1990 (w.e.f. 8-2-1990).] that the notified agricultural produce being so re-sold has already suffered fee in the other market area of the State.]
(4)[ If any notified agricultural produce is found to have been processed, re-sold or sold out of yard without payment of market fee payable on such produce the market fee shall be levied and recovered on five times the market value of the processed produce or value of the agricultural produce as the case may be.] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).]
(5)The market functionaries, as the Market Committee may by bye-laws specify, shall maintain account relating to sale and purchase [or processing] [Inserted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).] in such forms and submit to the Market Committee such periodical returns as may be prescribed.
(6)[ No notified agricultural produce shall be removed out of the market yard, market proper or the market area as the case may be, except in accordance with a permit issued by the Market Committee, in such form and in such manner as may be prescribed by the bye-laws :Provided that if any person removes or transports the processed product of notified agricultural produce from the market yard, market proper or the market area, as the case may be, such person shall carry with him the bill or cash memorandum issued under Section 43 of the Madhya Pradesh Vaniiyik Kar Adhiniyam, 1994 (No. 5 of 1995).] [[Substituted by M.P. Act No. 15 of 2003 (w.e.f. 15-6-2003). Prior to substitution it read as under :'(6) No notified Agricultural produce or any produce processed therefrom shall be removed out of the market area except in accordance with a permit issued in such manner and in such form as may be prescribed by the Board :Provided that for the removal of processed goods, the licensed processor or his authorised representative may issue the permit within the limit fixed for the particular processor by the Market Committee.']]
(7)The Market Committee may levy and collect entrance fee on vehicles, plying on hire, which may enter into market yard at such rate as may be specified in the bye-laws.