Section 17 in The Punjab Agricultural Produce Markets (General) Rules, 1962
17. Licences to dealers.
- [Sections 10 and 43 (2) (ix)]. - [(1) A person desirous of obtaining a licence under Section 10 of the Act shall apply in Form A (to be submitted in duplicate) to the Secretary of the Board through the Committee of the area in which he wishes to carry on his business and shall also deposit with the Committee the prescribed licence fee alongwith a cash security of five thousand rupees and also furnishes a bank guarantee of rupees ten thousand or an amount equal to two per cent of the annual turn-over of the previous year which-ever is more] [Sub-rule (1) substituted vide Punjab Notification dated 9.6.1999.];(i)the aforesaid cash security by a dealer or Commission Agent shall not form part of the Market Committee Fund, but shall be deposited by the concerned Committee in the Bank approved by the Board. The amount of the cash security shall be deemed to have been enhanced to the extent of the interest credited by the Bank in respect of the security deposited in the Bank :(ii)the aforesaid cash security as deposited or a bank guarantee as furnished by a licensee under sub-rule (1), shall be liable to fore-feiture by the Committee for any default made by the licensee in payment of any money payable by him to the Committee or produce seller, under the Act, or the rules or bye-laws made thereunder. The Committee shall have its first charge on the said cash security or bank guarantee :(iii)the aforesaid bank guarantee furnished by the licensee under sub-rule (1), shall be unconditional and the amount guaranteed by the bank or a part thereof, as the Committee may demand, shall be payable to the Committee on demand; and(iv)the aforesaid cash security deposited by a licensee with the Committee shall be refunded to him within six months from the date of his ceasing to be a licensee, if the Committee is satisfied that there are no liabilities due by such licensee to the Committee.(2)[ While submitting an application for a license under Section 10 of the Act, the applicant shall specify the period for which he wants to obtain a license.] [See Legislative Supplement Part 3 dated 24th February, 1989 page 307](2A)The license fee for a period of one year or any part thereof shall be one hundred rupees.(2B)Notwithstanding anything contained in Rule (2-A), the license fee shall not exceed rupees two thousand in case a person desires to obtain a license for a period, exceeding twenty years.[***] [Substituted by Punjab Notification, No. 11/12/07-M-3/2004. dated the 20th August, 2007.](3)If any person, who is not a licensee, carries on his business as a dealer in a notified market area on the date of issue of notification under sub-section (1) of section 6 and fails to apply for a licence on or before the date specified therein for obtaining licence, the licensing authority may, before a licence is issued, impose upon the applicant, a penalty according to the following scale :-(i)if the application is made by him within thirty days of the date specified in the notification - one rupee per day;(ii)if the application is made after the expiry of thirty days of the date specified in the notification, but within a period of forty days of such expiry - one rupee per day for the first thirty days and rupees two per day for each day thereafter.(4)[ Unless otherwise provided in the licence, each licence issued under the Act shall expire on the 31st day of March following two successive years ending on the 31st day of March.] [See Legislative Supplement Part 111 dated 24th February, 1989 P. 307.]Explanation. - If a licence is issued on the 1st day of April, 1988, or any other day before the 31st day of March, 1988, it shall expire on the 31st day of March, 1991.(5)Omitted vide Punjab Notification dated 30.3.1999.(6)The Secretary of the Committee, or such other official as may be appointed by the Committee to receive such applications, shall, on receipt of the application, ensure that the necessary licence fee has been paid and shall, after verifying the correctness of the facts stated therein, forward the same to the [Secretary] [Substituted vide Notification No. 11 (13) M-I-83/21424 dated 13th and 14th October, 1987.] of the Board, within three days of its receipt in the office of the Committee.(7)On receipt of the application, the [Secretary of the Board] [Substituted vide Notification No. 11 (13) M-I-83/21424 dated 13th and 14th October, 1987.] may grant a licence to the applicant in Form B. The licence shall be subject to the conditions mentioned therein.(8)A record of licences issued under this rule shall be maintained by the Board as well as by the Committee in Form C.[17A. A Special provision with regard to licences valid upto 31st March, 1976. - (1) Every person holding a licence valid upto 31st March, 1976, in Form 'B' on the date of commencement of the Punjab Agricultural Produce Markets (General) (First Amendment) Rules, 1975, and carrying on the business of purchase or sale of any agricultural produce notified under section 6 shall, within a period of fifteen days of such commencement, apply to the authority specified in section 9 for an amendment in his licence for the purpose of specifying such business therein and such amendment shall be made by the aforesaid authority without payment of any fee :Provided that amendment in the licence may be allowed after the expiry of the aforesaid period if the application is made within a period of thirty days of such commencement and the applicant pays such penalty, not exceeding sixty rupees, as the aforesaid authority may specify in that behalf.(2)Every amendment made in the licence under sub-rule (1) shall have effect from the date of commencement of the Punjab Agricultural Produce Markets (General) (First Amendment) Rules, 1975.] [Inserted vide No. Notification G.S.R. 86/PA 23/61/S. 43/Amd./(16)/75 dated 26th August, 1975. Date of commencement of this rule is 26th August, 1975.]
