THE PUNJAB AGRICULTURAL PRODUCE

MARKETS (GENERAL) RULES 1962

 

 

Contents

 

SN

Subject

  1.  

Short title, extent and commencement

  1.  

Definition

  1.  

Constitution of the Board

  1.  

Functions an powers of Chairman and Secretary of the Board

  1.  

Matters on which Board may frame bye-laws

  1.  

Budget of the Board and Committees

  1.  

Publication of notification under section 6.

  1.  

Constitution of Committees for the first time       

  1.  

Term of office of Chairman and vice-Chairman of Market Committee

  1.  

Powers of Chairman and Vice President  of Committee

  1.  

Resignation of member of Committee       

  1.  

Language for transaction of Business        

  1.  

Appointment of disputes sub-committees

  1.  

Duties and Powers of Secretary of Committees

  1.  

Allowance of members of Board and Committee

15-A

Other allowances of the Chairman of Board

15-B

Other allowances of the Chairman and Vice-Chairman of Committee

  1.  

References

  1.  

Licences of Dealer

17-A

Special Provision with regard to licences valid upto 31st March 1976

  1.  

Persons exempt from taking licences under Section 6.

  1.  

Licences to brokers, weighment, measurers, Surveyors, godown-Keepers and pallerdars

  1.  

Change in style and membership of firm

  1.  

Renewal of licences and issue of duplicate thereof

  1.  

Prohibition against grant of certain licences

  1.  

Employing  a broker

  1.  

Sale of Agricultural Produce

24-A   

Commission of  Kacha Arhtia in case of Chilies

24-B

Seizure of the agricultural produce

  1.  

Weightment

  1.  

Use of weighing instrument, weights and measures their inspection and seizure

  1.  

Weigh-bridges, measuring yards and certificates of weighment or measurement

  1.  

Places t which agricultural produce shall be weighed or measured

  1.  

Levy and collection of fees on the sale and purchase of Agricultural Produce

  1.  

Exemption from payment of fees

  1.  

Account of transaction and fees to be maintained 

  1.  

Books to be kept by licenced brokers and godown keepers

  1.  

Refund of certain amounts

  1.  

Prevention of adulteration of agricultural produce

  1.  

Preservation of the prescribed forms and production therefore and Inspection of the account books

35-A

Power to order production of accounts, power of entry inspection, seizure and stopping vehicles

  1.  

Composition

  1.  

Publication of marketing information

  1.  

Storage accommodation

  1.  

Penalties

  1.  

Procedure for appeals

  1.  

**********

  1.  

**********

  1.  

Repeal and savings

FORM – ‘A’ to  ‘Q’

 

           

 

THE PUNJAB AGRICULTURAL, PRODUCE MARKETS (GENERAL) RULES, 1962

 

1.                  Short title, extent and commencement -These rules may be called the Punjab Agricultural produce markets (General) Rules, 1962.

 

2.              Definitions - In these rules, unless the context otherwise requires:-

(1)              “Act” means the Punjab Agricultural produce Markets Act, 1961.

(2)              “buyer” includes a person buying any agricultural sub-section (14) of section 3 or sub-section (1) of section 44, as the case may be.

(3)              “ bye law” means a bye law made under sub-section (14) of Section 3 or sub section 44, as the case may be;

(4)              “Commission Agent’ means a dealer who, on behalf of any other person and in consideration of a commission makes or offers to make a purchaser or sale of any agricultural produce or does or offers to do anything for carrying out such purchaser or sale;

(5)              “Director of Agriculture” means the Director of Agriculture, Punjab;

 

1(5-a)   “District Mandi Officer” , means an officer appointed as such by the Secretary of the Board;]

 

(6)              “Deputy Commissioner” means the Deputy Commissioner of the District having jurisdiction over the notified market area or, if such area is situated in more than one district, such Deputy Commissioner of one of these districts as may be specified by the State Government in this behalf;

(7)              “Form” means a form appended to these rules;

(8)              “Incidental charges” means the charges payable by the seller in lieu of the services rendered in connection with the handling of agricultural produce prior to the finalisation of the bid at the auction, such as unloading , cleaning.

 

And dressing charges; 1(--------).

 

(9)       “Kacha Arhtia” means a dealer who, in consideration of commission, offers his services to sell agricultural produce;

 

2[(9-A) “Licensing Authority” means the authority to whom applications for grant of license be made under section 9 of the Act.]

(10)           “Licensee” means a person holding a license issued under these rules or the rules hereby repealed;

3(10-A) “Maintenance” in relation to house shall include the payment of local rates and taxes and charges for electricity and water as also charges for telephone including trunk calls made in connection with the affairs of the Board;

(11)           “Market Charges” means all charges payable by the buyer in lieu of the services rendered in connection with the handling of agricultural produce after the finalization of the bid at auction, such as the commission of Kacha-arhtiya, brokerage, auction charges, remuneration for palledari, 4[filling , weighing and sewing]

(12)           “Palledar” means a person who assists in loading, inloading,weighing, measuring, cleaning, and dressing of agricultural produce;

(13)           “Progressive producer” means a producer who, in the opinion of the Director of Agriculture, carries on agricultural produce on improved lines;

(14)           “Register” means the Registrar, cooperative Societies, Punjab; and

(15)           “Seller” includes a person selling agricultural produce, on behalf of any other person as his agent or servant, or commission agent.

 

3.                  Constitution of the Board - 5[(i) for the purposes of enabling the State Government to nominate non-official members, (1) under sub-clauses (i), (ii), and (iii) of clause (b) of sub-section (1) of section 3, the Secretary of the Board shall submit a panel of two names from each district;

 

(ii)               under sub-clause (iv) of clause (b) or sub-section (1) of section 3, the Director of Agriculture shall submit a panel of eight names;

(iii)             under sub-clause (v) of clause (b) of sub-section (1) of section 3, the Director of Agriculture shall submit a panel of nine names, three from each division; and

(iv)             under sub-clause (vi) of clause (b) of sub-section (1) of section 3, the Registrar shall submit a panel of eight names.]

 

1[ (2)    The panel of names received under clause (i), (ii), (iii), (iv),(v) and (vi) of sub-rule (1) shall not be binding upon the State Government .]

 

(3)              The casual vacancies among non-official members of the Board shall be filled by calling a panel names in the manner indicated in sub-rule (1) , consisting of such number as the State Government may in each case direct.

(4)              The terms of office of non-official members shall commence from the date on which the appointment is notified in the official Gazette.

 

4.                  Functions and powers of Chairman of the Board -Sec-3(ii)(a) - 2[the chairman of the Board shall be, responsible for the efficient administration of organization and to carry out the provisions of the Act and the provisions of these rules and to excise general control over the employees of the Board and those of the Committees;

(b)       be the competent authority for approving the budget of the Committees;

(c)       be responsible for the preparation of the annual budget of the Board

            (d)       preside over the meetings of the Board;]

5.                  Matters on which may frame bye-laws Sec.3(14) (a) - In addition to the matters specified in sub-section (14) of section 3, the Board may frame bye-laws regulating better marketing of agricultural produce and marketing of agricultural produce on co-operative lines;

(b)       the grading and standardization of agricultural produce;

 

(c)       the general improvement in the markets or their respective notified  market areas;

 

1(c-a)   the incurring of expenditure on the construction and repair of the link roads and approach roads out of the Market Committee Fund] the maintenance and regulation of rest-house, staff quarters and other building of the Board;

(d)              the procedure for giving aid to financially weak committees.

(e)              The allowances payable to the members of the Boards or Advisory Committees

(f)               Propaganda, demonstration, publicity and education for improvement of marketing and agriculture;

(g)              The classification of the committees on the basis of their income for the purpose of fixing the grades of their Secretaries and other employees;

(h)              The person by whom, and the manner in which, a contract may be entered on behalf of the Board; and

(i)                Any other purpose which, in the opinion of the Board, is calculated to promote the interests of the Board or the Committees, or to lead to improvement of marketing and agriculture in general

 

6.                  Budget of the Board and Committees - Sec.(13)(1) the board shall not later than first week of February every year to finalize the budget for the next financial year.

(2)       the budget finalised by the Board shall be submitted to the State Government not later than the last week of February  proceeding the year to which the budget relates.

(3)              No expenditure shall be incurred by the Board unless there is a provision in the budget to meet the same.

(4)              The Board may re-appropriate any amount under the Head of Accounts to another without prior approval of the States Government.

(5)              The provisions of sub-rules (1),(2), and (3) shall, as far as may be., apply to the preparation, finalisation and submission for sanction of the budget of the Committees.

 

Provided that the budget in the case of committee shall be submitted for sanction to the 1[chairman] of the Board if it is not received back within two months of the date of despatch by the Committee , it shall be presumed to have been sanctioned.

 

7.                  Publication of notification under section 6 -(1) - copy of notification issued under section 6 shall be published under the orders and at the discretion of the 2[Chairman] of the Board, in one or more of the modes specified below:-

(a)              by publication in the regional language or in such other language and in such newspapers as in the opinion of the 3[chairman] of the Board will give due publicity among persons likely to be affected;

(b)              by affixing a copy of the notification in the regional language or in such other language as may be considered necessary by the 4[chairman] of the Board, in the office or every Municipal Committee, notified Area committee, Panchyat  Samiti and zila parishad, if any , within whose jurisdiction the notified market area or any part thereof is situated, and at some conspicuous place in the existing market, if any

(c)              by affixing a copy of the notification in the regional language or in such other language as may be considered necessary by the 5[chairman] of the Board, in the principal common meeting place, if any, of every village within the notified market area;

(d)              by beat of drum in the villages within the notified market area.

 

(2)               The time of publication under clause (a) to (c) and the time and frequency of the drum beating under clause (d)  shall be determined by the 1[Chairman] of the Board

(3)               The expenses of publication under sub-rule(1) of copies of the notification issued under section 6 shall be met out of the Marketing Development Fund.

 

8.                  Constitution of committees for the first time Sec.12(4) &43(2) (i) 2[(1) where a Committee is to be constituted for the first time under sub-section (4) of section 12, the concerned District Mandi Officer shall send to the secretary of the Board a panel of names equal to double the names of members to be nominated for onward transmission to the State Government for nomination.]

            3(1-A)  The panel of name received under sub-rule (1) shall not be binding upon the State Government .]

 

(2)       The members nominated under sub-section (4) of section 12 shall hold office till the election or appointment, as the case may be, of their successors is notified under sub-section (3) of section 12 or for a period of two years. Whichever may be earlier.

 

9.                  Term of office Chairman & vice- Chairman of Market committee. Sec.43(2)- (1) The term of office of the Chairman and vice Chairman of  committee shall be co-terminus with the term of office of the members who had elected them.

(2)              A Chairman or a Vice-chairman shall cease to function as such-

(a)              on the termination of the membership; or

(b)              on the acceptance of his resignation given in writing

(c)              on the confirmation by the Chairman of the Board of the resolution passed by the members under sub-section (2) of section 16 ; or

(d)              on his removal from the membership by the State Government under section

10.              Powers of Chairman & Vice – Chairman of Committee Sec. 43(2) -1[(1) The Chairman of the committee shall be its chief executive officer and be responsible for proper management of the affairs of the committee in accordance with the provision of the Act, rules and bye – laws framed thereunder.

 

            (2)       The Chairman of the committee shall send report about the annual assessment of the work of the secretary of the committee to the concerned district   mandi  officer who shall forward the same with his comments to the  2[ Chairman] of the board who shall record his opinion thereon.

 

(3)              The report about the annual assessment of the work of other employees of the committee shall be written by the secretary of the committee who shall the same to the Chairman of the committee who shall record his opinion thereon. If the Chairman of the committee disagree with the opinion of the secretary of the committee, he shall send a copy of his opinion to him]

 

(4)              The Chairman shall forthwith report to the secretary of the board in case any member of the committee dies or become subject to any of the disqualification mentioned in sub-section (5) of section 3 read with sub

 

(5)              The Chairman may by an order in writing delegate any of his power to the vice- Chairman or secretary, generally, or for such period as may be determined by him and may, at any time and without assigning any reasons withdraw the delegation so made by a like prder.

 

3[6] The Chairman shall be the authority competent to grant casual leave to the secretary of the committee but other kinds of leave shall be granted to him by the [Chairman of the board ] such other officer of the board as may be authorised by him in this behalf;

 

Provided that the secretary of the committee shall intimate about his being to the concerned district mandi officer before proceeding on leave or as early as possible after that.

(7)              The Chairman shall ordinarily attend the office of the committee at least once in a week and if he is likely to be absent from notified market area for more than a week or on account of illness or other circumstances is unable to perform his duties, he shall inform the vice –Chairman in writing accordingly and send a copy of the same to the concerned district mandi  officer and the vice- Chairman shall thereupon act for the Chairman and while so doing he shall have all the power and privileges and be responsible  for all the duties of the Chairman. In the event  of death of the Chairman or in the event of registration of the Chairman having been accepted or a no-confidence motion against him having been confirmed, the powers, privileges and responsibilities of the Chairman shall be exercised enjoyed and discharged by the Vice- Chairman who shall officiate as Chairman until a new Chairman is elected or nominated :

 

Provided that if the Chairman is absent from the notified market area for over a month or is unable to attend the office of the Committee on account of illness or for other circumstances or for the any other person is unable to perform his duties and where the Chairman does not inform the Vice- Chairman about his absence in writing the 1[Chairman of the Board ] shall direct the Vice-Chairman to officiate as Chairman till the Chairman resumes his duties ]

 

11.              Resignation of member of Committee (1) - Any member of a committee may resign his office by tendering resignation in writing to its Chairman and if, the member tendering resignation is himself the Chairman he shall submit it to the 2[ Chairman] of the board.

 

Provided that if no Chairman of a committee has been elected the member may submit his resignation to the [Chairman] of the Board.

 

(2)       Every resignation received under sub-rule (1) shall forthwith be forwarded by the Chairman of the committee along with his comments to the 4[Chairman] of the Board who shall, with the least possible delay, forward the same with necessary comments the State Government.

(3)       The acceptance of every resignation shall be notified by the State Government in the official Gazette and the member shall case to function as such from the date of such notification.

 

12.              Language for transaction of business - The business at the meeting of the committee shall be transacted in the 1[Punjab Language]

 

13.              Appointment of disputes sub-committee (1) - A committee may appoint a sub-committee called the disputes sub-committee consisting of such number of members and other persons as it may think fit, to arrange for the settlement by arbitration of any dispute between a buyer and seller of agricultural produce or their is agents including disputes regarding quality or weight of the article, the price or rate to be paid, allowances for wrappings, dirt or impurities or deduction for any cost :

 

Provided that the Chairman of the committee shall not be a member of the disputes sub-committee.

 

(2)               The disputes sub-committee shall, for each market yard, appoint a panel of not less than six persons to act as arbitrators in the settlement of the aforesaid disputes. Every person included in the penal shall be either producer living in the notified market area, or a dealer doing business in the market yard for which that penal has been appointed.

(3)               Where any such disputes arises the parties thereto may agree to the settlement thereof in accordance with the following provisions:-

(a)              The disputes shall be reported to the secretary of the Committee who shall try to settle  the dispute. If he fails the dispute shall be stated in the manner provided in clauses (b), (c), (d) and (e).

(b)              Each party to the dispute shall select one arbitrator from the panel appointed for the purpose by the disputes sub-Committee. The arbitrators shall, before entering upon the reference, appointed a person from the panel to act as umpire in case they fail ton agree.

(c)              If the arbitrators fail to agree the matter shall be referred to the umpire appointed under clause (b) for decision.

(d)              An appeal against the decision of the arbitrators or umpire, as the case may be , shall be to disputes sub-Committee and shall be filed within a period of fifteen day from the date of the award.

(e)              The decision of the arbitrators or umpire or, where in appeal has been may to the disputes sub-committee, the decision of such sub-committee shall be final.

 

14.              Duties and powers of Secretary of the Committee Sec. 43(2)- (1) The secretary shall be the executive officer of the Committee. All office establishment of the Committee shall be under his control, and all orders to any member of the staff Committee shall pass through him .

 

(2)       The Secretary shall work under the control of the Chairman of the Committee.

(3)       The Secretary shall be entitled to attend all meetings of the Committee or a sub-committee or a joint committee or an ad-hoc Committee, except to him or any of his relatives is to be considered .

 

Explanation :- Relatives for the purpose of this sub-rule shall mean-

 

(a)               father, mother, son, daughter, brother and sister of the person concerned; and

(b)               brother and sister of the father  of the person concerned; and

(c)               father, mother, son, daughter, brother and sister of the wife of husband of the person concerned.

(4)       The Secretary shall advise the Committee and its Chairman in the light of the provisions of the Act, rules and bye- laws framed under the Act and directions of the Board  or of the 1[Chairman] of the Board issued from time to time and previous decisions of the Committee. His opinion shall be recorded in the proceedings of the Committee.

 

(5)       It shall be the duty of the Secretary to carry into effect the provisions of Act and instructions of the Board, and the decisions of the Committee and of the Chairman of the Committee consistent with the Act the rules and the bye-laws and instructions of the Board and of the 2[Chairman] of the Board and to effect maximum improvement in the market.

 

(6)               The Secretary shall see that communications addressed to the Committee  by the Chairman or  Secretary of the Board are dealt with promptly and efficiently and all correspondence between the Chairman or Secretary of the Board and the Committee is laid before the Chairman of the Committee for information or action as the  circumstance may require.

(7)               Subject to sub-rule (5) the Secretary shall have immediate responsibility for carrying on the day, working of the office of the Committee, maintenance of accounts, punctual rendering of returns, monthly review of the progress made in the enforcement of the Act and safe custody of the cash, the common seal, the minute book and other records and assets of the Committee.

(8)               The Secretary shall make an annual assessment of the work of the employees of the Committee which he shall submit to the Chairman of the Committee, The Chairman of the Committee shall take this assessment into consideration while making final assessment of the work of the employees.

 

1[15. Allowance of members of board and Committees. (1) - For journeys undertaken by the members of the Board for attending meetings or for any other work of the Board for which they are specially deputed by it, they shall be paid travelling and daily allowances according to the scale fixed by the Government for Government employees of Grade I.

 

2[provided that in case of members of State legislature they shall be paid travelling allowances and daily allowances according to the rates fixed for such members under the rule governing their allowances.]

 

3[(2) for journeys undertaken by the members of the Committee including the Chairman and Vice-Chairman (other than official members) for attending meetings of the Committee or sub- Committee or joint Committee, they shall be paid a sitting allowance of rupees twenty-five per day  and for journeys undertaken by them  for  any other work of the Committee for which they are specially deputed by it, they shall be paid travelling and daily allowance according to the scale fixed by the Government for Government Servant of Grade II.]

 

1[Provided that in case of the members of State Legislature they shall be paid traveling and daily allowance according to the rates fixed for such members under the rules governing such allowances.

 

            2[(3) Omitted.]

(4)               If in the opinion of the board the financial position of a Committee does not warrant the payment of the travelling and daily allowances according to the scale prescribed above he may fix such scale of daily and travelling allowances in the case of that Committee as he may think proper

 

3[15-A.            Other allowances of the chairman of Board.] (1) - There shall be paid to the Chairman of the Board a monthly allowance not exceeding rupees 1800/- (Rs. One thousand and eight hundred only) as the state Government may fix.

 

            (2).      The Chairman of the Board shall be provided with free furnished house, the maintenance charges thereof shall be borne by the Board subject to the condition that electricity and water charges payable by the Board shall not exceed Rs. 1,500/- per annum. Any amount in excess shall be the responsibility of the incumbent. 4[he shall not retain the possession of the house after 14 days from the date he ceases to hold the office of the Chairman.]

 

(3)       The Chairman of the Board shall also be provided with a motor car, to be maintained by the Board. The expenses on the propulsion of the car incurred in connection with the affairs of the Board only shall be borne by the Board.

 

5[15-b. Other allowances of the chairman and Vice-Chairman of the Committee - There shall be paid to the Chairman and Vice-Chairman of a Committee monthly allowance as under :-

(i) The Chairman of a Committee having income Rs. 500 of Rs. 15 lacs per annum or above.

(ii)               Vice Chairman of a Committee having income Rs. 400 of Rs. 15 lacs per annum or above.

 

(iii)             Chairman of a Committee having income Rs. 400 less than Rs.15 lacs per annum.

 

(iv)             Vice-Chairman of a Committee having income Rs.300] less than Rs.15 lacs per annum.

 

 

16.     References - References from Committee to any Government department other than district authorities and local bodies shall be made through the secretary of the Board.

 

17.     Licenses to dealers (1) - A person desirous of obtaining a license under section under section 10 of the Act shall apply in Form a (to be submitted in duplicate) to the 1[secretary] of the Board through the Committee of the area in which he wishes to carry on his business and shall also deposit with the requisite license fee.

 

               2[(2) The license fee for a licence issued under section 10 of the Act for a period of three years or any part thereof shall be one hundred rupees.]

 

(3)       If any person, who is not licence, carries on his business as a dealer in a notified market area  on the date of issue of notification under sub-section (1) of section 6 and fails to apply for a license on or before the date specified therein for obtaining license, the licensing authority may, before a license is issued , imposed upon the applicant, a penalty according to the following scale:-

 

(i)                 If the application is made by him within  thirty days of the date specified in the notification-one rupee per day;

 

(ii)               if  the application is made after the expiry of thirty days of the date specified in the notification, but within a period of forty days of such expiry-one rupee per day for  the first thirty days and rupees two per day for each day thereafter.

 

3[(4} Unless otherwise provided in the license, each license issued under the Act shall expire on the 31st day of March Following two successive years ending on the 31st day of March.

 

Explanation:- If a license is issued on the 1st day of April, 1988. Or any other day before the 31st day of March, 1998, it shall expire on the 31st day of March, 1991.]

 

(5)               A separate license shall be required by a person for setting up, establishing or continuing or allowing to be continued more than one place for the purchase, sale, storage and processing of agricultural produce in the same notified market area.

 

Provided that no separate license shall be required in respect of any godown  used  for storage of agricultural produce by a person holding a dealer’s license under the Act.

 

(6)               The Secretary of the Committee, or such other official  as may be appointed by the Committee to receive such applications, shall on receipt of the application, ensure that the necessary license fee has been paid and shall, after verifying the correctness of the facts stated therein, forward the same to the 1[Secretary] of the Board, within three days of its receipt in the office of the Committee.

 

 

(7)               On receipt of the application, the 2[Secretary of the Board] may grant a license to the applicant in form b. The license shall be subject to the conditions mentioned therein.

(8)               A record of license issued under this rule shall be maintained by the Board a swell as by the Committee in form C.

 

[17-A.   A special provision with regard to license valid upto 31st March, 1976. - (1) Every person holding a license valid upto 31st march, 1976, in Form ‘b’ on the date of commencement of the Punjab Agricultural produce Markets (General) (first Amendments) rules, 1975, and carrying on the business of purchase or sale of any agricultural produce notified under section 6 shall, within a period of fifteen days of such commencement, apply to the authority specified in section 9 for an amendment in license for the purpose of specifying such business therein and such amendment shall be made by the aforesaid authority without payment of any fee:

            Provided that amendment in the licence may be allowed after the expiry of the aforesaid if the application is made within a period of thirty days of such commencement and the applicant pays such penalty , not exceeding sixty rupees, as the aforesaid authority may specify in that behalf.

 

(2)       Every amendment made in the licence under sub-rule (1) shall have effect from the date of commencement of the Punjab Agricultural produce markets (general) (first Amendment) rules, 1975]

 

18.       Person exempt from taking licences under section 6 - Under sub-section (3) of section 6 the following persons shall be exempt from talking licences for the purchase of agricultural produce:-

 

(a)              confectioners and purveyors of parched , fried or cooking food;

 

(b)              person using kuhlus, provided that the number of kuhlus installed by them in the notified market area is not more than two;

 

(c)              hawkers and petty retail shop-keepers who do not engage in any dealing in agricultural produce other than such hawking or retail purchase;

 

1[Explanation-For the purposes of this clause and clause (b) of sub-rule (2), a person whose turnover of sales and purchase of agricultural produce does not exceed on lakh rupees during a year shall be treated as petty retail shop-keeper:

 

Provided that a dealer importing  agricultural produce from outside the state of Punjab shall not be treated as a hawker or a petty retail shop-keeper.

 

(d)  officials of the state government and the central government when making purchase on behalf of the Government :

 

Provided that in the case of persons mentioned in clauses (a) and (b) the purchase made for meeting the vocational needs of the persons concerned.

           

            (e)       Tanners when making purchases of law hides and skins :

 

            1(f) Omitted ;

 

            2(g)      The Punjab Khadi Gram Udyog Sangh when making purchases of wool for manufacturing purposes:] and

 

(2)       The following shall be exempt from taking a licence for the sale of agricultural produce :-

 

(a)               The Scheduled banks when proceeding against any agricultural produce belonging to a producer or a licencee under section 10 of the Act to whom money has been advanced against the security of such agricultural produce;

 

(b)               Hawkers and petty retail shop-keepers who do not engage in any dealing in agricultural produce other than such hawking or retail sales;

 

(c)               Officials of the State Government and Center Government when making sales on behalf of the Government ;

 

(d)               Person licenced under the agricultural produce (Development and Warehousing )Corporations Act, 1956 and the Punjab Warehousing Act, 1957 who carry on exclusively warehousing business, when selling out agricultural produce belonging to any person to whom money has been advanced against security of such agricultural produce.

 

(e)               Tanners when making sales of cured, tanned and processed hides and skins.

 

(f)                 3 [(f) omitted.]

 

4[(2.A) The following shall be exempt from taking a licence for processing of agricultural produce , namely:-

 

5[(a) Chakkiwalas and Arewales who do not make any sales or purchases of agricultural produce but have installed their chakkis and Aras (Saw Mills) only for grinding of agricultural produce or for sawing for using it as fire-wood as the case may be.]

 

(b).      Persons engaged in hand pounding of paddy only.

 

1[(3) The official of the State Government and Central Government exempted from taking licence under sub-rule (1) (d) and (2) (c) and the Punjab Khadi Gram Udyog Sangh exempted from taking licence under sub-rule(1)

 

(a)       Shall be bound to comply with the provisions of the Act, Rules and bye-laws made thereunder, when making purchase or sales, otherwise than through the agency of a license.]

 

2[4]      A person licensed under the Agricultural produce (Development and Warehousing) Corporations Act, 1956 or the Punjab Warehousing Act, 1957 and the Scheduled banks storing agricultural produce pledged with them by a producer or a license under section 10 of the Act to whom money has been advanced  against the security of such agricultural produce shall be exempt from taking license in storage business.]

 

(5).      If a question arises whether a person is entitled to exemption under sub-rule (1) (c) or 2 (b), the 3[Secretary] of the Board shall assess the turnover of the person concerned after giving him an opportunity of being heard. His decision shall be final and conclusive.

 

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