Section 58 in The Rajasthan Agricultural Produce Markets Rules, 1963
58. [Market area] [Substituted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] Cess.
(1)A [market area] [Substituted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] committee shall [x x x] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] collect cess on agricultural produce bought and sold in the [market area] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] at such rate as may be specified [by the Government by way of notification] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.]:[Provided that no cess shall be levied on any such notified agricultural produce on which cess has been levied in any market area if the seller or the purchaser of such notified produce files a declaration in Form XI, in the prescribed manner, that on notified agricultural produce, cess has already been levied in any other market area of the State.] [Inserted by Notification No. F. 15(9)/Agriculture/II-B/90, dated 1.10.1991-Rajasthan Gazette, Extraordinary, Part IV-C, dated 3.10.1991, p. 81, dated 1.10.1991 (Hindi).]Explanation. - (a) For the purpose of this rule a sale of agricultural produce shall be deemed to have taken place in a [market area] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] if it has been weighed or measured or surveyed by a licensed weighman, measurer or surveyor in the [market area] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] for the purpose of sale, notwithstanding the fact the property in the agricultural produce has by reason of such sale, passed to a person in place outside the [market area] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.].(b)Further for the purpose of this rule, all notified agricultural produce taken out or proposed to be taken out of the [market area] [Substituted/Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] shall, unless the contrary is proved, be presumed to be bought and sold within such [market area] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.],(2)The cess levied as per sub-rule (1) shall not be levied more than once on agricultural produce bought or sold in the [market area] [Substituted Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.],(3)The [market area] [Substituted/Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] committee shall also levy and collect licence fee from trader's, brokers, weighman, measurer, surveyors, warehousemen and other persons operating in the [market area] [Substituted/Deleted by Rajasthan Act No. 10 of 1975, with effect from 14.7.1973, Act 10 of 1975, w.e.f. 14.7.1973.] as provided in the bye-laws.(4)[ x x x] [Deleted by Notification No. F. 4(79)-2/2002, dated 27.4.2005-Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 4.5.2005, p. 55, vide G.S.R. 46 = 2005 RSCS/Part II/P. 285/H. 213.][Provided that the burden of proof regarding source of the agricultural produce brought from outside the market area or outside the State shall be on the industrial concern or on the exporter:Provided further that if such agricultural produce brought into the Market area for export is not exported or removed therefrom before the expiry of twenty days from the date on which it was so brought, the Market Committee shall levy and collect fee on such agricultural produce from the person bringing the produce into the Market area at such rates as may be specified in the bye-laws :Provided also that if the industrial concerns that brought the agricultural produce from outside the Market area or outside the State into the Market area for the purpose of use by them and who do not make any declaration and do not obtain a certificate in Form V as prescribed above, shall be deemed to be responsible for the contravention of this rule and shall, on conviction, be punished under sub-section (3) of section 36 of the Act with a fine which may extend to Rupees two hundred.(5)The seller who is himself the producer of the agricultural produce offered for sale and the buyer who buys such produce for his own private and/or household use, shall be exempted from payment of any cess under this rule.] [Substituted by Notification No. F. 9(24)/Agriculture/Group 2/94, dated 17.1.1995-Rajasthan Gazette, Extraordinary, Part IV-C(I), dated 21.1.1995, p. 375, vide G.S.R. 15 = 1995 RSCS/Part II/P. 276/H. 223 and kept dispense from prior publication by Notification No. F. 4(79)-2/2002, dated 27.4.2005-Rajasthan Gazette, Extraordinary, Part IV-C(II), dated 4.5.2005, p. 55, vide G.S.R. 46 = 2005 RSCS/Part II/P. 285/H. 213.]
