Section 51 in The Agricultural Produce Marketing (Development and Regulation) Act, 2007
51. Registration of functionaries.
(1)Any person who desires to operate in the market area as trader, commission agent, weighman, hamal, surveyor, warehouseman, contract farming buyer, owner or occupier of processing factory or as any other market functionary, in respect of any notified agricultural produce, shall apply to the Marketing Board for his registration or renewal of such registration, in such manner and within such period as may be prescribed:Provided that any person may buy agricultural produce in the market yard/sub-market yard on day-to-day basis without getting himself registered:Provided further that any person who desires to carry on trade or transact, in any notified agricultural produce in more than one market area, shall get himself registered, for that respective function, with the prescribed authority.(2)Every application for registration or renewal of registration shall be accompanied with such fee as the Government may prescribe.(3)The Marketing Board may, on receipt of an application for registration or renewal of registration, together with the fees prescribed therefor, grant a certificate of registration or renewal, as the case may be, for such period as may be prescribed.(4)The Marketing Board may refuse to register or refuse to renew the registration on any of the following grounds:-(i)the applicant is a minor or the application is not bonafide;(ii)the applicant has been declared defaulter under any Act or rules on bye-laws made thereunder;(iii)the applicant has been found guilty under this Act.(5)(i)The application received under sub-section (1) shall be disposed off by the Marketing Board within four weeks from the date of it's receipt, but if the Marketing Board fails to dispose off any application within such four weeks time then the applicant shall remind, in writing the Marketing Board, in respect of his application; and the applicant shall also inform about the same, in writing, to the authority specified by the Secretary of the Marketing Board in this regard.(ii)On expiry of the period of two weeks from the date of receipt of the reminder by the Marketing Board and receipt of information by such authority, if the application is not disposed off, it shall be deemed that the registration or it's renewal, as the case may be, has been granted.(iii)The authority, on the basis of information received by it and after expiry of period of two weeks specified above, shall confirm that the application for registration/renewal was submitted to the Marketing Board and due action has not been taken by the Marketing Board for disposal of the same and then it shall issue a certificate as per clause (ii) of sub-section (5) regarding grant of deemed registration or its deemed renewal within two weeks time.(6)The registration granted or renewed under this section shall be subject to the provisions of this Act, and the rules and bye-laws made thereunder.(7)No commission agent shall act in any transaction between the agriculturist, seller, trader or purchaser or on their behalf, nor shall he deduct any amount towards commission from the sale proceeds payable to the agriculturist, seller, trader or purchaser.
