Section 18 in The Punjab Agricultural Produce Markets (General) Rules, 1962
18. Persons exempt from taking licences under section 6.
[Section 6]. (1) under sub-section (3) of section 6 the following persons shall be exempt from taking licences for the purchase of agricultural produce :-(a)confectioners and purveyors of parched, fried or cooked food;(b)persons using kuhlus, provided that the number of kuhlus installed by them in the notified market area is not more than two.(c)hawkers and petty retail shop-keepers who do not engage in any dealing in agricultural produce other than such hawking or retail purchases;[Explanation. - For the purposes of this clause and clause (b) of sub-rule (2), a person whose turnover of sales and purchases of agricultural produce does not exceed [three lakhs] [Substituted vide Notification No.11 (13)-M-III-83/9379 dated 4th May, 1988.] rupees during a year shall be treated as a petty retail shop-keeper:]Provided that a dealer importing agricultural produce from outside the State of Punjab shall not be treated as a hawker or a petty retail shopkeeper.(d)Officials of the State Government and the Central Government when making purchases on behalf of the Government :Provided that in the case of persons mentioned in clauses (a) and (b) the purchases were made for meeting the vocational needs of the persons concerned.(e)Tanners when making purchases of raw hides and skins;(f)[ Omitted.] [Omitted by P.A.P.M. (General) (Third Amendment) Rules, 1964 dated 3rd September, 1964.](g)[ The Punjab Khadi Gram Udyog Sangh when making purchases of wool for manufacturing purposes;] [Added vide Notification No. GSR 291/PA dated 28th November, 1963.] and(h)[ The spinning mills when making purchases of ginned and fully pressed cotton bales for which fee has been paid for manufacturing thread.] [Inserted vide Punjab Notification dated 23.6.1998.](2)The following shall be exempt from taking licence for the sale of agricultural produce:-(a)Scheduled banks when proceeding against any agricultural produce belonging to a producer or a licescee under section 10 of the Act to whom money has been advanced against the security of such agricultural produce;(b)Hawkers and petty retail shop-keepers who do not engage in any dealing in agricultural produce other than such hawking or retail sales;(c)Officials of the State Government and Central Government when making sales on behalf of the Government.(d)Persons licenced under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 and the Punjab Warehousing Act, 1957 who carry on exclusively warehousing business, when selling out agricultural produce belonging to any person to whom money has been advanced against security of such agricultural produce.(e)Tanners when making sales of cured, tanned and processed hides and skins.(f)[ Omitted.] [Omitted vide Notification P.A.P.M. (General) (Third Amendment) Rules, 1964 dated 3.9.1964.](2A)[ The following shall be exempt from taking a licence for processing of agricultural produce, namely] [Added vide Notification No. P.A.P.M. (General (Third Amendment) Rules 1964 dated 3.9.1964.] :-(a)[ Chakkiwalas and Arewalas who do not make any sales or purchases of agricultural produce but have installed their chakkis and Aras (Saw Mills) only for grinding of agricultural produce or for sawing of timber for using it as fire wood as the case may be.] [Substituted vide Notification No. 11(13-M-III-83/9379 dated 4.5.1988.](b)Persons engaged in hand pounding of paddy only.(3)[ The officials of the State Government and Central Government exempted from taking licence under sub-rule (1) (d) and (2) (c) and the Punjab Khadi Gram Udyog Sangh exempted from taking licence under sub-rule (1) (g) shall be bound to comply with the provisions of the Act, Rules and bye-laws made thereunder, when making purchases or sales, otherwise than through the agency of a licensee.] [Vide Notification No. GSR 291/PA dated 28.11.1983.](4)[ A person licenced under the Agricultural produce (Development and Warehousing) Corporations Act, 1956 or the Punjab Warehousing Act, 1957 and the scheduled banks storing agricultural produce pledged with them by a producer or a licencee under section 10 of the Act to whom money has been advanced against the security of such agricultural produce shall be exempt from taking licence in respect of storage business.] [Vide Notification No. P.A.P.M. (General) (Second Amendment) Rules, 1963 No. GSR 219/PA. 23/61/S. 43/Amd (2)-63 dated 10.9.63.](5)If a question arises whether a person is entitled to exemption under sub- rule (1) (c) or (2) (b), the [Secretary] [Substituted vide Notification No. 11 (13)-M-1-83/21424 dated 13/14.10.1987 Corrigendum 11 (13)-M-1-83/25831 dated 9.12.87 published in the Gazette 9.12.87.] of the Board shall assess the turnover of the person concerned after giving him an opportunity of being heard. His decision shall be final and conclusive.
