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State of Karnataka - Section

Section 73 in Karnataka Agricultural Produce Marketing Act 1966

73. Power to cancel or suspend licences.

(1)Subject to the provisions of sub-section (4) a market committee may for reasons to be recorded in writing suspend or cancel a licence,-
(a)if the licence has been obtained through wilful misrepresentation or fraud;
(b)if the holder thereof or any servant or any one acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the licence;
(c)if the holder of the licence in combination with other holders of licences commits any act or abstains from carrying out his normal business in the market with the intention of willfully obstructing suspending or stopping the marketing of agricultural produce in the market area in consequence whereof the marketing of any produce has been obstructed suspended or stopped;
(d)if the holder of the licence has become an insolvent;
(dd)[ if the holder of the licence fails to pay the market fee due along with the penalties specified in the bye-laws;] [Inserted by Act 29 of 1987 w.e.f.10.8.1987]
(de)[ if the holder of licence fails to pay the price to the producer seller immediately after sale;] [Inserted by Act 16 of 1991 w.e.f.1.8.1991]
(e)if the holder of the licence incurs any disqualification as may be prescribed; or
(f)if the holder is convicted of any offence under this Act.
(2)
(a)Subject to the provisions of sub-section (4) the Chairman of a market committee may for reasons to be recorded in writing suspend a licence for a period of not more than one month for any reason for which a market committee may suspend a licence under sub-section(1).
(b)Subject to the provisions of sub-section (4) the Secretary of a market committee may for reasons to be recorded in writing suspend a licence for a period of not more than one week for any reason for which a market committee may suspend a licence under sub-section(1).
(3)Notwithstanding anything contained in sub-section (1) but subject to the provisions of sub-section (4) the [Director of Agricultural Marketing] [Substituted by Act 35 of 1986 w.e.f.17.6.1986] may for reasons to be recorded in writing by order suspend or cancel any licence granted or renewed under this Chapter:Provided that no order under this sub-section shall be made without notice to the market committee. [or any other person likely to be affected as the case may be] [Inserted by Act 23 of 2007 w.e.f.16.8.2007.]
(4)No licence shall be suspended or cancelled under this section unless the holder thereof has been given a reasonable opportunity to show cause against such suspension or cancellation.