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State of Punjab - Section

Section 12 in Punjab Market Committees Bye-laws

12. Weighment of agricultural produce.

(1)Fees for weighment on a weighbridge installed by the Committee for weighment of agricultural produce shall not exceed the following :-
(i)[Rupee five per per cart.] [Substituted vide Notification No. 98/6782 dated 1.1.1992.]
(ii)[Rupees ten] [Inserted Vide Notification No 7290 Dated 30th March 1987, Punjab Gazette Dated 24th April, 1987.] per trolley (Tractor)
(iii)[Rupee twenty per Truck] [Inserted Vide Notification No 7290 Dated 30th March 1987, Punjab Gazette Dated 24th April, 1987.]
Provided that no fee shall be chargeable if the weighment is made for the purpose of test weighment of agricultural produce.
(2)For every weighment at the weighbridge under clause (1), a certificate under rule 27 (3) shall be issued free of cost in Form 'B' annexed to these bye-laws.
(3)Weights, measures and weighing instruments shall be provided by the Kacha Arhtia for weighment of every agricultural produce which is sold through him.
(3A)[ the Katcha Arhtiya shall provide all kinds of seivers to the labourers engaged for the purpose and also keep sufficient number of tarpaulins for protection of agricultural produce as specified by the licencing authority from time to time.] [Vide Notification No. 3066 dated 28.1.88. Punjab Gazette dated 19.3.1988.]
(4)Weighment of a lot of agricultural produce shall be carried out at the place of display of lot. No produce shall be removed or caused to be removed or required to be removed from the place of display to any other place for weighment.[12A. Auction of Cotton in loaded vehicle. - Notwithstanding the provisions of bye-law 12 when a weighbridge has been installed by the Committee and when so directed by the Board, the cotton shall be sold in the vehicles without being heaped. The loaded vehicles shall be weighed on the weigh-bridge and taken to the purchaser's premises for unloading. The empty vehicle shall again be weighed on the same weigh-bridge for drawing net weight :] [Inserted vide Notification No. PSAMB/Proj./747 dated 20th March, 1985, Punjab Gazette dated 12th April, 1985.]Provided if any other weigh-bridge of the standard and specifications similar to the one installed by the Committee is available in or around the Market Yard, the weighment of vehicles of cotton may be made on that weight- bridge also :Provided further that where weight of the cotton in the vehicle is 10 quintals or less or where there are more than one varieties of cotton in a vehicle or where the cotton in vehicle is adulterated the cotton may be sold in the market yard by auction in heaps.][12B. Collection of fee on contract basis. - (1) Not-with- standing anything contained in the Act, Rules and Bye-laws, a committee with the previous approval of the Secretary Board shall have the powers to lease out by public auction the collection of fee leyied under section 23 of the Act read with Rule 29(1) of the Rules in the notified market area at the rate fixed by the Board. The provisions contained in the Act, Rules and Bye-laws for regulation of agricultural produce, levy, assessment, collection and recovery of fee shall mutatis mutandis be applicable except the provisions hereunder provided.] [Added vide Notification No. 7287 dated 18.6.2004, published in the Gazette dated 27.8.2004.]
(2)After the approval of the Secretary of the Board a public notice/tender for auction of the collection of fee in the notified market area of a committee, specifying the limits of the areas for the collection of fee shall be published by the committee with 15 days clear notice and reserve price shall be fixed at least 25% more than the highest fee received during the previous three years by the committee from the said area. [For those committees which have given the collection of fee on contract basis in the previous year the reserve price for the next year for such committee shall be the amount equal to the auction amount of the previous year. In the case other Market Committee where such previous contract was for less than a year then the reserve price shall be calculated on a pro-rata basis for the whole year.] [Added vide Notification No. 5135 dated 17.4.2006, published in the Gazette dated 14.7.2006.]
(3)A contractor shall be competent to give bid/tender on deposit five percentage of reserve price as security by a crossed demand draft or a pay order drawn in favour of the committee through a nationalized or scheduled bank. After acceptance of bid/tender the contractor shall be liable to execute a contract in terms of section 22 of the Act with the committee failing which the security deposited with the committee shall stand for feited and then second bidder will be given an opportunity on the highest bid/tender for contract of the first bidder/tender. Securities of remaining unsuccessful bidders/tenders shall be refunded by the committee :Provided that as soon as bid/tender is accepted, the committee shall immediately convey the acceptance to the contrator personally or under a registered cover and execute an arrangement with him or his legally authorized agent within a period of 7 days. The contractor shall furnish Bank guarantee of [15%] [Substituted vide Notification No. 5135 dated 17.4.2006, published in the Gazette dated 14.7.2006.] of the total amount of contract value at the time of allotment of the contrat.
(4)Following Committee will finalize the tenders/auction :--Concerned District Mandi Officer;-Concerned Administrator/Chairman, Market Committee;-Concerned Secretary, Market Committee:-One Official will be nominated by the Secretary Board from the Head Office.Provided that for finalizing/accepting/rejecting the bids, quorum of at least any three members shall be necessary.
(5)The execution of the contract will be as per the provisions contained in Punjab Agricultural Produce Markets Act, 1961. After execution of the agreement the contractor shall ensure the proper collection of fee at prescribed rate in accordance with the provisions of Act, Rules and Bye-laws during the contract period.through his employees engaged for the purpose. All the provisions of Act, Rules and Bye-laws enacted from time to time regarding exemption from the payment of market fee shall be applicable and complied with by the contractors. He shall bring to the notice of Secretary, Market Committee any contravention of law or evasion of market fee, if any, so that the remedial measures may be taken by the committee forthwith.
(6)The committee shall [adjust the contract money in 12 equal monthly installments the income realized on account of market fee] [Substituted vide Notification No. 5135 dated 17.4.06 published in the gazette dated 14.7.2006] and in case there is any deficiency the same shall be deposited by the contractor within 7 days. In case of surplus amount from the said percentage the same shall be paid to the contractor. No concession or deferment for payment scheduled above, shall be permissible to the contractor including strike, Bandh, natural calamity which may occur during the said period. The contractor shall be allowed to cover up the deficiency of amount, if any, within next month subject to payment of interest one per cent per month on the balance amount. In case of continuing default in payment of balance amount, the due amount shall be recoverable as arrear of land revenue, besides the termination of contract.
(7)The contractor shall not be competent to enter into partnership, transfer, web-let or assign the contact or any part thereof in any manner whatsoever. In the event of any contravention of the conditions prescribed, the committee shall be competent to terminate the contract and to forfeit the entire amount of security deposit. The committee shall not be liable to any act, deed or action of the contractor or his employees engaged by him relating to third party and the contractor shall solely be liable for the said action.
(8)In case the contractor desires to hire the services of the employees of the Market committee for his assistance for collection or fee then on written request and on payment of service charges at the rate at which they are drawing salary and allowances from the concerned Market Committee. If the contractor engaged his own employees then such employees would be required to bear badges as prescribed in the Bye-laws and will wear light brown colour uniform and will also possess Identity Card duly countersigned by the Secretary, market Committee and he will always keep with him and will show as and when asked for. The contractor shall furnish complete information such as names and addresses of such employees to the Secretary, Market Committee and whenever there is any change due to resignation, termination or removal etc., the same shall be intimated by him to the Secretary, Market Committee. The contractor shall comply with or cause to be complied with the provisions of the various existing laws, rules and regulations applicable to such persons employed by the contractor. The contractor shall also indemnify the Market Committee in respect of all claims that may be made against Committee for non-compliance thereof by the contractor.
(9)In case of any dispute between the Contractor and the committee the same shall be referred to the Secretary of the Board for arbitration and his decision shall be final and binding on both the parties :Provided that jursdiction in case of any type of litigation relating to agreement executed between the contractor and the Market Committee shall be the courts in the State of Punjab.
(10)The contractor shall be responsible for any accident or mishappening to any employee engaged by him. The Committee shall not liable for any damage or loss caused to the employee of the contractor and any compensation of benefit accrued to such employee shall be paid by the contractor. However where an employee of the Committee is hired, he/she will be entitled for all the benefits etc. under his/her service rules.
(11)Employee of the Market Committee will ensure the open auction and other provisions of Act, Rules and bye-laws on sale/purchase of agricultural produce. The employee of the contractor will maintain the register as per auction register duly attested by the Secretary, Market Committee and will daily submit sale proceed of every licence as per performa to Market Committee within official time :
Date Name of the firm and licence No. Amount on which Market Fee is recoverable Total Amount of Market fee Remarks
1 2 3 4 5
         
(12)The collection of the Market Fee on the commodities will be as per the schedule given in section 38 notified from time to time.
(13)It will be the responsibility of the concerned contractor to maintain the cleanliness of the Mandi Yard from time to time. Not-with-standing anything contained hereto before the Market Committee shall have absolute powers to take such action as may be necessary for compliance of the various existing clause and recover the due amount under Land Revenue Act from the Contractor. The contractor shall ensure that the persons employed by him are clearly given to understand in writing that they shall have no right or claim for absorption in the service of the Market Committee at any time or on any ground. They shall not be the servantsof the Committee and Committee shall have no liability directly or indirectly whatsoever qua them.