Section 27 in Uttarakhand Agricultural produce Marketing (Development and regulation) Act, 2011
27. Powers of the Committee.
- A Committee shall, for the purposes of this Act, have the following power; namely -(a)to issue or renew licenses under this Act, on such terms and conditions and subject to such restrictions, as may be prescribed, or, after recording reasons therefore, refuse to issue or renew any such license;(b)to suspend or cancel licenses, issued or renewed under this Act;Provided that before canceling a license, the Committee shall afford a reasonable opportunity of hearing to him to show cause against the action proposed;(c)(i)to levy such fees, as may be prescribed for the issue or renewal of licenses; and(A)if the produce is sold through a commission agent, the commission agent may realize the Market fee and Development cess from the purchaser and shall be liable to pay the same to the Committee;(B)if the produce is purchased directly by a trader from a producer, the trader shall be liable to pay the Market fee and Development cess to the Committee;(C)if the produce is purchased by a trader from another trader, the trader selling the produce may realize Market fee and Development cess from the purchaser and shall be liable to pay it to the Committee;(ii)to collect Market fees, which shall be payable on transaction of sale of specified agricultural produces in the Market area at such rates, being not less than one percent and not more than two and half percent of the price of the Agricultural produce so sold, as the State Government may specify by notification, and to levy and collect such Development cess at such rates being not less than ½ percent and not more than 2½ percent of the price of such deal. Such fee or development cess shall be realized in the following manner-Provided that if the purchaser is only license holder, then he shall be liable to pay Market fees and Development cess;(D)in any other case of sale of such produce, the purchaser shall be liable to pay the Market fee and Development cess to the Committee;Provided that no Market fee or Development cess shall be levied or collected on the retail sale of any specified agricultural produce, where such sale is made to the consumer for his domestic consumption only;Provided further that the seller of the produce shall not be exempted from payment of Development cess on the ground that he has not recovered the same from the purchaser,(iii)any such agricultural produce, which reaches any Market area of the State for sale, storage, processing or transaction from any other State or out of Country for the first time it shall be registered as "First Arrival" and on such produce, Market fee and Development cess shall be payable;(iv)any agricultural produce, which is brought to any Market area within the State after the transaction of sale from any other Market area of the State after paying Market fee and Development cess for the purpose of sale, storage, processing or transaction, it shall be called as "Second Arrival" and on that produce no Market fees and Development cess shall be liviable;[Provided further that the Market fee and development cess shall not be payable on the sale of flowers in bulk.] [Inserted by Uttarakhand Act No. 3 of 2019, dated 5.3.2019.](d)to realize interest calculated in the manner prescribed in the bye-laws at the rate of two percent per mensem on the unpaid amount of Market fee, from the date immediately following the period prescribed for payment of market fee in the bye-laws;(e)to operate and utilize the Market Committee Fund for all or any of the purposes of this Act;(f)to raise, from the State Government or the Board or, subject to previous sanction by the Managing Director, from any other Committee or a recognized financial institution, moneys required for discharging of its functions under this Act;(g)to advance loans to the Board on such terms and conditions, as may be mutually agreed upon between the Board and the Committee;(h)to advance loans to any other Committee, subject to previous sanctions of the Managing Director, on such terms and conditions, as the Board may determine;(i)to exercise such other powers, as may be prescribed by the State Government from time to time;(j)if any person makes encroachments of any kind on market yard or sub market yard, then the secretary of the market committee or the Managing Director shall be competent to remove that encroachment by using force and the expenses incurred in removing that encroachment shall be recoverable from the encroacher as arrears of land revenue.Explanation. - For the purpose of clause (c), unless the contrary is proved, any specified Agricultural produce, taken out or proposed to be taken out of a Market area by or on behalf of a licensed trader, shall be presumed to have been sold within such area and in such case, the price of such produce presumed to be sold shall be deemed to be such reasonable price, as may be ascertained in the manner prescribed.
