Section 29 in The Punjab Agricultural Produce Markets (General) Rules, 1962
29. Levy and collection of fees on the sale and purchase of agricultural produce. -
[Sections 23 and 43 (2)] - [(1) Under section 23 a Committee shall levy -(i)fees on the agricultural produce bought or sold by a licensee; and(ii)also additional fees on the agricultural produce when sold by a producer to a licensee;in the notified market area at the rate fixed by the Board from time to time.] [Substituted vide Notification No. GSR 154/PA/23/61/S-43/Amd. (22)/82 dated 29th November, 1982.][Provided that no fee shall be levied on the agricultural produce bought or sold in respect of which fee has already been paid in the same or other notified market area within the State. The licensee dealer who claims exemption from payment of fee shall make declaration and give certificate to that effect in Form 'KK' within a period of [sixty days of the transaction] [ubstituted vide Notification No. 11/12/2002-M/3/7394 dated 15.11.2002.]. of agricultural product in question to the Committee from where the exemption is claimed] :The certificate in Form 'KK' shall be prepared in quadruplicate from the book-let, duly attested and issued by the Secretary of the concerned committee or its authorised officer, against the payment, fixed by the committee. It shall be the duty of the dealer, claiming exemption from the payment of fee to send the original copy of Form 'KK' to the Committee within whose market area the agricultural produce is brought. The second copy shall be sent to the office of the Committee within whose market area such agricultural produce is bought and the third copy shall be retained by the dealer, who purchased the agricultural produce and the fourth copy shall be retained by the dealer who sold the agricultural produce and the same shall be kept as a part of their accounts, maintained in respect of payment of the fee. [In case, the dealer fails to present the certificate referred to above within a period of sixty days, then the Assessing Authority shall impose penalty equal to the amount of ten per cent of market fee for the next month, twenty per cent of the market fee for further next month, thirty per cent of the market fee for further next month, forty per cent of the market fee for further next month and fifty per cent of the market fee for the subsequent next month. If, the dealer fails to submit the aforesaid certificate within the stipulated period, then the penalty equal to the amount of the market fee due, shall be imposed upon him :] [Substituted for 'The certificate referred to above presented after the aforesaid period of thirty days, shall not be entertained and no exemption from payment of fee shall be granted to the dealer:' by Punjab Notification No. 11/12/2006-M-3/7338. dated 17.11.2006.]:[Provided further that the dealer claiming exemption from the payment of fee under sub-rule (1), shall also produce a copy of the railway receipt, forwarding note, bill, bilty or challan, as the case may be, duly signed by him or his authorised agent in the office of the Committee where the agricultural produce is bought before it is loaded, the second copy shall be produced by the said dealer in the office of the Committee, within whose market area the agricultural produce is brought before it is unloaded and the third copy shall be retained by him. In case no such copy is produced by the dealer in the office of concerned Committee, no claim for exemption shall be entertained;] [Proviso added vide Punjab Notification dated 4.9.1998.][Provided further that no such fee shall be levied on,] [Substituted vide Notification No. 11 (13)-M-III-83/9379 dated 4th May, 1988.] -(i)the agricultural produce imported from a foreign country;(ii)the certified seeds;(iii)the timber or fire wood of the following categories imported from outside the State of Punjab :-(a)Kail(b)Deodar(c)Partal (Spruce and Fir)(d)Hollock (Assam Teak)(e)Champ(f)Teak(g)Sal(h)Chil.(2)The responsibility of paying the fees prescribed under sub-rule (1) shall be of the buyer and if he is not a licensee then the seller who may realise the same from the buyer. Such fees shall be leviable as soon as an agricultural produce is bought or sold by a licensee.(2A)[ The additional fees shall be realised from the producer by the licensee through whom the producer sells the agricultural produce and if the sale is made by the producer direct to a licensee the additional fees shall be realised by the licensee from out of the sale proceeds of the agricultural produce; and] [Inserted vide Notification No. GSR 154/PA. 23/61/S. 43 Amd (22)/82 dated 29th November, 1982.](3)The [fees including additional fees] [Inserted vide Notification No. GSR 154/PA. 23/61/S. 43 Amd (22)/82 dated 29th November, 1982.] shall be paid to the Committee or paid to the officer duly authorised to receive such payment within [seven] [Substituted vide Punjab Government Gazette, Legislative Supplement, Part III, dated 1.12.1989.] days of the day of transaction;Explanation. - In computing the period of [seven] [See G.S.R. 85/PA-23/61/S- 43/Amd. (27)/89 dated , 21.11.1989.] days specified in sub-rule 3 of rule 29 and sub-rule (1) of rule 31, the day of transaction shall be included.[-] [Proviso Omitted by Punjab Government Gazette, Legislative Supplement, Part III, dated 1.12.1989.](4)A receipt in Form K shall be granted forthwith to the person making payment in respect of any fee paid under these rules.(5)Every officer or servant employed by a Committee for the collection of fees shall be supplied by the Committee with a badge of office in such form as may be prescribed by it. The badge shall be worn by the officer or servant concerned while discharging his duties.(6)Every such officer or servant shall before entering on his duties furnish such security as may be prescribed by the bye-laws of the Committee concerned.(7)For the purpose of this rule agricultural produce shall be deemed to have been bought or sold in a notified market area -(a)If the agreement of sale or purchase thereof is entered into in the said area; or(b)If in pursuance of the agreement of sale or purchase the agricultural produce is weighed in the said area; or(c)If in pursuance of the agreement of sale or purchase the agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.(d)[ If the agricultural produce sold or bought otherwise than in pursuance of an agreement of sale or purchase and is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.] [Substitued by GSR 230/PA 23/61/S. 43/Amd. (3) 63, dated 5.10.1963.](8)If in the case of any transaction any two or more of the acts mentioned in sub-rule (7) have been performed within the boundaries of two or more notified market areas the market fee shall be payable to the Committee within whose jurisdiction the agricultural produce has been weighed in pursuance of the agreement of sale or, if no such weighment has taken place, to the Committee, within whose jurisdiction the agricultural produce is delivered.[29A. Power to lease for collection of fee - A committee may subject to the previosu approval of the Secretary of the Board, lease out on contract basis the collection of fee levied under Section 23 of the Act read with sub-rule (1) of Rule 29 of the rules in the notified market area of the committee on such terms and conditions as may be prescribed in the bye-laws of the committee for any period not exceeding one year. The contractor and other persons employed by him for the management and collection of fee, shall :-(i)be bound by the provisions of the Act, rules and bye-laws and any other order passed by the committee for their guidance and for performing their duties.(ii)have such powers exercisable by employee of a committee under the Act, rules or bye-laws as the committee may confer upon them from time to time : and(iii)be entitled to the same remedy and be subjected to the same responsibility as if they were employed by the committee for the management and collection of fee.]
