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State of Gujarat - Section

Section 31B in Gujarat Agricultural Produce Markets (Amendment) Act, 2007

31B. Registration of market functionaries.- (1) Any person who, in respect of agricultural produce, desires to operate in the market area as a trader, commission agent, weighman, hamal, surveyor, warehouseman, contract farming buyer, owner or occupier of processing factory or such other market functionary, shall apply to the managing body of the respective market for registration or renewal of registration in such manner and within such period as may be prescribed:

Provided that the State Government may, by notification in the Official Gazette, exempt such persons or class of persons from the requirement of registration for such period as may be specified:Provided further that any person who desires to trade or transact in any agricultural produce in more than one market areas, shall apply for registration to the Director.
(2)Every such application shall be accompanied by such fee as may be prescribed.
(3)The managing body or, as the case may be, the Director may refuse to register or renew the registration on the basis of one or more of the following reasons, namely:-
(i)if not accompanied by the prescribed fee;
(ii)dues of the market committee are outstanding against the applicant;
(iii)the applicant is a minor or not bonafide;
(iv)the applicant is a defaulter of dues payable under this Act and rules or bye-laws made thereunder; or
(v)any other reasons as may be prescribed,
(4)
(i)If the application received under sub-section (1) fulfills all the requirements, it shall be disposed of by the managing body or as the case may be, the Director within a period of four weeks. Where the managing body or as the case may be, the Director fails to dispose of application within a period of four weeks, the applicant shall request in writing the managing body or as the case may be, the Director, for disposal of his application, and also inform in writing to the Director, in case of application made to the managing body or to the State Government, in case of application made to the Director.
(ii)If the application is not disposed of, within a period of two weeks from the date of receipt of request made under clause (i), the registration or as the case may be its renewal shall be deemed to have been granted.
(iii)The State Government in case of Director or, as the case may be, the Director in case of the managing body shall, on the basis of information received by him and after the expiry of period of two weeks, confirm that the application for registration or the renewal was submitted to the managing body or, as the case may be, the Director and that due action has not been taken by the managing body or, as the case may be, the Director for disposal of the said application, then-
(a)die Director, in case of the application made to the managing body, shall issue a certificate granting deemed registration or its deemed renewal within the period of two weeks;
(b)the State Government, in case of the application made to the Director, shall direct the Director to issue a certificate granting deemed registration or its deemed renewal within the period of two weeks.