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State of Haryana - Section

Section 19 in The Punjab Agricultural Produce Markets (General) Rules, 1962

19. Licences to brokers, weighment, measurers, surveyors, godown keepers and palledars.

- [Sections 13 and 43 (2) (vii)] - (1) A person desirous of obtaining a licence under sub-section (3) of section 13 shall make an application in Form D to the [Secretary] [Substituted vide Notification dated 2.2.1990.] of the Committee of the notified market area concerned after depositing with the Committee the requisite licence fee.Provided that in case of palledar no such application in Form D shall be necessary. The [The dealer or palledar himself] [Substituted the word' dealer' by Haryana Notification dated 2.2.1990.] shall intimate to the [Secretary] [Substituted for the word' Chairman' by Haryana Notification dated 2.2.1990.] of the Committee in writing full particulars such as name, parentage, residence and full address of the palledar engaged by him and such intimation shall be treated as an application for the grant of a licence.
(2)On receipt of application [Secretary] [Substituted for the word' Chairman' by Haryana Notification dated 2.2.1990.] of the Committee or any other officer duly authorised by the Committee in this behalf may after making such enquiries regarding the conduct and business of the applicant, as he may deem necessary, grant a licence in Form E. The licence shall be subject to the conditions mentioned therein.
(3)The Committee shall maintain a record of licences issued under sub- section (3) of Section 13 in Form C.
(4)[ The licence fee for licences issued under this rule shall be as follows] [Haryana Notification dated 12.9.1975.] :-Licence fee
Category of licence Per annum Per quarter of the year or part thereof
  Rs. Rs.
Weighman, measurer or surveyor 20 5
Broker 50 15
Godown-keeper 100 25
(5)The Committee may, on being satisfied that there has been a breach of any of the conditions specified in a licence, by an order in writing, cancel or suspend such licence and may also direct that such licence shall not be renewed for such period not exceeding five months for the first breach and not exceeding nine months for the second breach and not exceeding one year for every subsequent breach as may be specified in that order :Provided that no such order shall be made without giving the licensee an opportunity to show cause why such an order should not be made.[20. Change in style and membership of firm. - [Sections 10 and 13] [Haryana Notification dated 12.9.1975.] - (1) (a) Where the licensee, holding a licence under Section 10, is a firm, any change occurring in the membership of such firm otherwise than through inheritance, shall mean the constitution of a new from and shall necessitate a fresh licence :Provided that in the case of a Hindu Joint Family firm, any addition on account of the birth or deletion on account of the death of any male member shall not be treated as bringing about any change in the membership of the firm :[Provided further that any change in the membership of the firm amounting to constitution of a new firm without any change in its title shall not be treated as bringing about any change in the membership of the firm where the continuing members undertake to own the liabilities of the predecessor-firm] [Added by Haryana Notification dated 13.8.1987.], and
(b)Where a change, not necessitating a fresh licence under Section 10 takes place in the membership of a firm, or the firm changes its name without any change in membership thereof, and intimation thereof shall, within two weeks from the date of such change be given to the [Chief Administrator] [Substituted for the word 'Chairman of the Board' by Haryana Notification dated 2.12.1989.] through the Chairman of the Committee. The Chairman of the Committee shall, after making such enquiry as he may deem necessary, forward the application to the [Chief Administrator] [Substituted for the words 'Chairman of the Board' by Haryana Notification dated 2.12.1980.] with his comments. The [Chief Administrator] [Substituted for the words 'Chairman of the Board' by Haryana Notification dated 2.12.1980.] on being satisfied about the correctness of the intimation shall order necessary corrections to be made in the licence. Intimation of such order shall also be given to the Committee concerned, and necessary corrections shall be made in the Register in Form C maintained in the office of the Board and the Committee.
(c)If in a case covered by clause (b) the firm fails to give necessary intimation to the [Chief Administrator] [Substituted for the words 'Chairman of the Board' by Haryana Notification dated 2.12.1980.] within the specified time, the change in the membership or the name of the firm, as the case may be, shall be deemed to result in the constitution of a new firm necessitating the grant of a fresh licence.
(d)[ Omitted] [Haryana Notification dated 12.9.1975.]
(2)
(a)Where the licensee, holding a licence under Section 13 is a firm any change occurring in the membership of such firm otherwise than through inheritance shall mean the constitution of a new firm and shall necessitate a fresh licence.
Provided that in the case of a Hindu Joint Family firm, any addition on account of the birth of any male member shall not be treated bringing about any change in the membership of the firm.[Provided further that any change in the membership of the firm amounting to constitution of a new firm without any change in its title shall not be treated as bringing about any change in the membership of the firm where the continuing members undertake to own the liabilities of the predecessor firm.] [Added by Haryana Notification dated 13.8.1987.]
(b)Where a change, not necessitating a fresh licence under Section 13, takes place in the membership of a firm, or the firm changes its name without any change in the membership thereof, [-] [Deleted the word' and' by Haryana Notification dated 26.3.1982.] intimation thereof shall, within two weeks from the date of such change, be given to the Committee concerned [which] [Substituted for the word' who' by Haryana Notification dated 26.3.1982.] if satisfied, after such enquiry as it may consider necessary about the correctness of such intimation, shall order necessary corrections to be made in the licence. The Register in Form C shall also then be corrected accordingly.
(c)If in a case covered by clause (b), the firm fails to give necessary intimation to the committee within the specified time, the change in the membership or the name of the firm, as the case may be, shall be deemed to result in the constitution of a new firm necessitating the grant of a new licence.
(3)[ Nothing in this rule shall apply in the case of license granted to a co-operative society.] [Haryana Notification dated 12.9.1975.]