Section 6 in The Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967
6. Licensed trader, broker and commission agent.
(1)Any person desiring to use any place in a market area for marketing of any declared agricultural produce or for operating therein as a trader, commission agent or broker, shall make an application in writing to the Director in the Form prescribed by him (where a Market Committee has not yet started functioning) and in any other case, in the Form prescribed by by-laws for a licence or for renewal thereof, as the case may be, to the Market Committee along with the fee prescribed by the bye-laws, if any, but not being in excess of Rs. 100 per market year and shall supply the following information, namely:-(a)solvency certificate required by the Director or prescribed by bye-laws; [or] [Added by G.N. of 11.9.1968.](b)cash security or bank or third person's guarantee required by the Director or prescribed by bye-laws.(c)[* * *] [Clause (c) was deleted by G. N. of 7.6.1990.](2)On receipt of any application together with the proper amount of the fees, if any, and information referred to in sub-rule (1), the Director, or as the case may be, Market Committee may, subject to the provisions of rule 5 and this rule, after satisfying himself or itself on the following points, grant the applicant a licence in Form I, or, as the case may be, renew it in that Form (such licence being issued or renewed, except in a case where it is granted by the Director, under the signature of the Chairman), namely :-(a)(i)solvency certificate;(ii)cash security or bank's or third person's guarantee, [if a solvency certificate is not produced] [Added by G. N. of 11.9.1968.];(iii)capacity for providing adequate equipment for smooth conduct of the business;(iv)conduct of the applicant;(v)[ * * *] [Deleted as per G. N., No. APM. 1167/25332-(Part III)-C-1, dated 18.2.1971 published in M.G.G., Part IV-B, dated 18.2.1971.](b)in the case of renewal of a licence, also whether [on the basis of a statement to be furnished by the licensee showing the business transacted and the amount of dues paid or payable to the Market Committee in the last preceding market year] [These words were inserted by G. N. of 7.6.1990.] the applicant has traded or not in the market area or whether the person has overtraded :Provided that, no licence shall be issued to any applicant unless he executes an agreement in the form approved by the Director agreeing to abide by the provisions of the Act, the rules and the bye-laws.(3)The Director or, as the case may be, the Market Committee may grant one single licence in respect of the principal market, subsidiary market and in respect of any other place in the market area or may grant separate licences in respect thereof, to enable a trader, a commission agent or a broker, to operate as such trader, commission agent or broker, as the case may be.(4)Notwithstanding anything contained in sub-rule (2), the Director, or as the case may be, the Market Committee may for reasons to be recorded in writing refuse to grant or renew a licence to any person, who in his or its opinion, is not solvent or in the case of renewal of licence, if the person has not traded in the market area for more than a week without valid reasons or who had committed any act, or abstained from carrying out his normal business, with the intention of wilfully obstructing, suspending or stopping the marketing of declared agricultural produce in the market area, and in consequence thereof, the marketing of any such produce had been obstructed, suspended, or stopped. If any licence is not granted or renewed, the applicant shall be informed of the same and the reasons therefor and the licence fee, if paid, shall be refunded to the applicant.(5)[ (a) On receipt of the application for grant or for renewal of the licence, the Market Committee shall record the date on such application with an entry in the register prescribed in this behalf, and shall complete the inquiry, as deemed fit and shall dispose off such application within thirty days of its receipts.(b)When the licence is deemed to have been granted to the applicant or renewed as the case may be, under section 7 of the Act, the Secretary, of the Market Committee shall issue the licence to the applicant.](5A)[ An application for renewal of a licence shall be made before 31st August every year. It shall be competent for the Market Committee to accept an application made after the aforesaid date on payment of a late fee at the rate of 10% of the licence fee per day of default.] [Rule 5-A was inserted by G. N. of 7.6.1990.](6)The licences shall be valid for the persons in whose names they are issued and shall not be transferable. Licences shall also be liable for suspension or cancellation for a breach of these rules; and the licensee shall be informed of such suspension or cancellation and the reasons therefor.(7)[ Every licence so granted or renewed shall be in force for a market year or for three market years, as the case may be, on payment of proportionate fees :Provided that in the case of grant or renewal of a licence for three years, such grant or renewal shall be subject to the production by the licence of a statement showing the business transacted and the amount of dues paid or payable to the Market Committee, in the last preceding market year and verification thereof by the Market Committee.] [Sub-rule (7) was substituted by G. N. of 7.6.1990.](8)Each Market Committee shall maintain a register in such form as the Director by general or special order, may specify in this behalf containing names of all commission agents, traders and brokers licensed under these rules.
