Section 10 in The Punjab Agricultural Produce Markets Act, 1961
10. Applications for licences, fees to be paid and cancellation or suspension of licences.
- [(1) Any person may apply to the authority specified in section 9 for a licence which may be granted for such period, in such form, on such conditions and on payment of such fees as may be prescribed:Provided that the license granted to commission agent and other market functionaries under sub-section (1) shall be valid for all the market yards notified under section 7:Provided further that if any person carrying on any business of the nature specified in sub-section (3) of section 6 in a notified market area on the date of issue of notification under sub-section (1) of that section, fails to apply for a licence on or before the date specified therein for obtaining licence, the prescribed authority may, before a licence is issued, impose on him such penalty as may 1 prescribed.(1A)Any person may apply to the competent authority for a licence applicable to the whole of the State, which may be granted for such period, in such form, on such conditions and on payment of such fees as may be prescribed and i shall be valid for all the market yards notified under section 7.] [Substituted by Punjab Act No. 17 of 2017, dated 22.7.2017.](2)The [Secretary of the Board] [Substituted for 'Chairman of the Board' by Punjab Act 40 of 1963, Section 7.] may, on being satisfied that there has been a breach of any of the conditions specified in a licence, by an order in writing, cancel or suspend such licence and may also direct that such licence shall not be renewed for such period not exceeding five months for the first breach and not exceeding nine months for the second breach and not exceeding one year for every subsequent breach, as may be specified in that order:Provided that the Chairman of a Committee of the area concerned may under intimation to the [Secretary of the Board] [Substituted by the word 'Chairman of the Board' by Pb. Act 40 of 1963, section 7.] suspend a licence for a period not exceeding fifteen days :Provided further that no such order shall be made without giving the licensee an opportunity to show cause why such an order should not be made.(3)The [Secretary of the Board] [Substituted by the word 'Chairman of the Board' by Pb. Act 40 of 1963, Section 7.], after such enquiry as he may consider necessary, refuse a licence to a person who in his opinion -(a)is a benamidar for or a partner with any person to whom a licence has been refused, or whose licence is cancelled or suspended under sub-section (2) for the period of such cancellation or suspension ; or(b)is convicted of an offence affecting the said person's integrity as a man of business within two years of such conviction ; or(c)is undischarged insolvent ;Provided that no such order shall be made without giving such person an opportunity to show cause why such an order should not be made.(4)Any person aggrieved by an order made under this section may at any time within one month of the making thereof, appeal to the State Government if such order is passed by the [Secretary of the Board] [Substituted by the word 'Chairman of the Board' by Pb. Act 40 of 1963, Section 7.] and to the Secretary of the Board if such order is passed by the Chairman of the Committee.[10A. Certain persons to be licensees. - Any person to whom a licence is granted under section 10 shall be deemed to be a licensee under that section for the purposes of this Act and the rules made thereunder including that of levy of fees under section 23 on the agricultural produce bought or sold by him in the notified market area, irrespective of the fact whether the business of buying or selling of agricultural produce is specified in his licence or not.] [Added by Punjab Act No.34 of 1976.]
