Section 7 in West Bengal Agricultural Produce Marketing (Regulation) Rules, 1982
7. Terms and conditions of licence
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(1) A licence granted or renewed under sub-rule (1) of rule 6 shall be subject to the following terms and conditions, namely,(a)the licensee shall abide by the provisions of the Act and the rules, and the bye-laws made by the market committee, and the directions issued by the market committee for the purpose of carrying out the provisions of the Act and the rules made thereunder,(b)the licence shall be valid for one year or such lesser period as the market committee may determine, and shall expire unless it is renewed,(c)the licence may, at the discretion of the market committee, be renewed for one year or such lesser period as the market committee may determine,(d)the licence shall be valid for the person in whose name it is issued and shall not be transferred,(e)the licence shall carry on business in such capacity only and at such place or places for which the licence is issued and shall not carry on any other business at such place or places or the same business in any other place in the concerned market area,(f)the licensee shall not adulterate or cause any agricultural produce to be adulterate,(g)the licensee shall provide for standard weights and measures, and shall conduct his business honestly according to the principles of fair dealing,(h)the licensee shall help the market committee in preventing evasion of market fees, shall not permit evasion or infringement of any provision of the Act, the rules and bye-laws and shall report to the market committee such evasion or infringement taking place with his knowledge,(i)the licensee shall not engage the services of any assistant other than those mentioned in the licence, in connection with the business for which the licence is taken and shall not boycott or encourage boycotting of any other licensee,(j)all acts of assistants or agents engaged by the licensee shall be deemed to be the acts done on behalf of the licensee with his express or implied permission,(k)the licensee shall maintain books, registers and records in the manner required by the market committee and shall furnish such information and returns to the market committee as may be required by it from time to time,(l)the licensee shall render all reasonable facilities for inspection,. verification and checking of weights and measures and books of accounts, registers and records, maintained by him, by the market committee or its Secretary or any officer duly authorised in that behalf by him,(m)the licensee shall properly inspect the produce before taking delivery, get it weighed and measured and shall not repudiate an. deal once made on any account later on,(n)the licensee shall not solicit or receive any fee or recover any charge other than those he is entitled to receive or recover in accordance with the provisions of the Act and the rules and the bye-laws made thereunder,(o)the licensee shall not make or recover any trade allowance,(p)the licensee shall settle all transactions in cash, unless he has deposited with the market committee a cash security or bank guarantee and taken permission for credit transaction and shall submit all his disputes to the market committee for conciliation,(q)the licensee shall not accept any employment with any other licensee,(r)the licensee shall keep his place of business neat, clean and accessible to the satisfaction of the market committee, and shall not indulge in activities and transactions detrimental to the trade and proper functioning of the market,(s)the licensee, if he is a company or a firm shall inform the market committee of any change in the partnership/board of directors,(t)the licensee shall be liable to be suspended or cancelled in accordance with the provisions of the Act and the rules made thereunder,(u)in the event of suspension or cancellation of the licence, the licensee shall surrender if forthwith to the market committee,(v)the licensee shall not suspend or discontinue business except after giving to the market committee one month's notice of his intention of doing so and shall surrender his licence immediately on such suspension or discontinuation of business, the licensee, if a broker, shall furnish to the market committee weekly report showing the quantity of agricultural produce purchased or sold by each trader through his mediation of shall not act as a broker for more than one partly in a transaction,(x)the licensee, if a surveyor, measurer or weighman, shall survey, measure and weigh agricultural produce in the presence of the owner, trader or commission agent and correctly record the report of the measure or weighmen in the weighment report or slip and get it endorsed by the buyer and seller, shall not take up service under any trader, buyer or commission agent and shall only use standard and authorised scales and weights and measures.(2)A licence granted or renewed under sub-rule (2) of rule 6 shall be subject to the terms and conditions mentioned in clauses (a) to (v) of sub-rule (1) and also to the following terms and conditions :(i)the licensee or his agent shall comply with all orders issued by the market committee for the regulation of the storage/hat/bazar/mela in accordance with the provisions of the Act and the rules and bye-laws made thereunder,(ii)the licensee shall assist the market committee in collecting market fee from the storage/hat/bazar/mela,(iii)the licensee or his agent shall render all facilities and assistance to the market committee, its members, officers and employees to enter the storage/hat/bazar/mela or any premises therein at any time for carrying out the provisions of the Act and the rules and bye-laws made thereunder,(iv)the licensee or his agent shall not collect from, the storage/hat/bazar/mela ground rent in excees of the schedule of rates or rent approved by the market committee and shall not collect or realise any other fee, charge, levy, toll or any other amount in addition to the said rates,(v)the licensee shall cause the schedule of rates referred to in clause (iv) to be prominently exhibited in two conspicuous places of the storage/hat/bazar/mela,(vi)the licensee or his agent shall grant correct receipts to all person for ground rent collected from them and shall maintain correct accounts of all collections made by him and shall produce the same for inspection whenever called upon to do so by the Secretary of the market committee or any other officer deputed for that purpose,(vii)the licensee shall be responsible for the proper maintenance and sanitation of the storage/hat/bazar/mela and shall keep the place clean and in good state and free from all filthy insanitary materials and shall provide for such amenities as drinking water, parking place, drainage, sheds, platforms, culverts, etc. as the market committee may direct,(viii)the licensee shall render necessary co-operation and assistance to the market committee in the matter of carrying out the provisions of the Act in respect of the storage/hat/bazar/meta, particularly in the matter of provision of facilities as required by sub-section (1A) of section 20 and shall not cause any obstruction to or interference with the provision of such facilities and shall allow use of necessary land for that purpose,(ix)the licensee or his agent shall not allow to operate in the storage/hat/bazar/mela any functionary who does not have a valid licence from the market committee,(x)the licensee shall operate the storage/hat/bazar/meta within the boundaries specified in the licence and on such days and time as the market committee may determine,(xi)the licensee shall not assign or underlet his interest in the storage/hat/bazar/mela to any person without the previous permission of the market committee,(xii)the licensee shall stand automatically revoked and terminated on the issue of a notification by the State Government under sub-section (2) of section 4 of the Act, if the storage/hat/bazar/mela falls within the area in respect of which such notification has been issued.
