Section 88 in Karnataka Agricultural Produce Marketing Act 1966
88. Charge on security and refund of security deposit.
(1)The security deposited or a bank guarantee furnished by a licensee under section 85 or 86 shall be liable to forfeiture by the market committee for any default made by the licensee in payment of any money payable by him to the market committee [or producer seller] [Inserted by Act 35 of 1986 w.e.f.17.6.1986] to any other market functionary under this Act or the rules or bye-laws made thereunder.(2)The security deposited a bank guarantee furnished by a licensee under section 85 or 86 shall be subject to a first charge in favour of the market committee for all sums due to the committee by the licensee.(3)(a)The security deposited or a bank guarantee furnished by a trader shall be subject to a second charge in favour of such of the commission agents as the trader shall be indebted to in respect of the credit purchases for the total amount of such indebtedness.(b)The security deposited or a bank guarantee furnished by a commission agent shall be subject to a second charge in favour of such of the principals as the commission agent shall be indebted to in respect of the sales of their goods for the total amount of such indebtedness.(4)The bank guarantee furnished by the licensee under section 85 or 86 shall be unconditional and the amount guaranteed by the bank or part thereof as the market committee may demand shall be payable to the market committee on demand. No other kind of bank guarantee shall be accepted by the market committee under sections 85 and 86.(5)Subject to the provisions of this Act and the rules and bye-laws the cash security deposit made by any trader or commission agent with the market committee shall be refunded to him within twelve months from the date of his ceasing to be a licensee if the market committee is satisfied that there are no liabilities due by the depositor either to the market committee or to any of the creditors who have a second charge on such deposit in respect of the transactions for which the security is deposited.(6)The security amount deposited or bank guarantee furnished shall be deemed to be held in trust for the purposes for which it is made and shall not be used or utilised for any purpose of the market committee nor shall it be liable to levy of attachment or execution by any court or other authority for any other purpose.(7)The market committee may make bye-laws to carry out the purposes of sub-sections (1) (2) (3) (4) and (5).
