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Chhattisgarh Krishi Upaj Mandi (Special Licence for more than One Market Areas) Rules, 2007

Published vide Notification No./1395/209-190/2006/14-3, dated the 10th April, 2007

Last Updated 14th October, 2019 [cg157]

Chapter I

Preliminary

(1) "Act" means Chhattisgarh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973).

(2) "Administrative Market Committee" means the market committee constituted under section 11 which has been vested full power to control the marketing of notified agricultural produce in the declared specified market area for special licence holder market functionary under section 32-A;

(3) "Additional Director" means Additional Director of the Chhattisgarh State Agricultural Marketing Board appointed under the Act;

(4) "Centre in Charge" means the Secretary of the Administrative market committee or the officer/employee posted by the Deputy Director, for proper regulation and control of notified agricultural produce at the purchase center of specified market area ;

(5) "Commercial transaction" means any transaction made by traders for sale, purchase, processing for ancillary sale, purchase, storage or sale to consumers of agricultural produce within the market yard or out of market yard within the market or out of market area, within the State or out of the State, in which the payment of market fees has already been made to any market committee of the State and information pertaining to payment of market fees has been submitted to concerned market committee in prescribed form.

(6) "Deputy Director" means Deputy Director of the Chhattisgarh State Agricultural Marketing Board appointed under the Act;

(7) "Director" means the "Managing Director" of the Chhattisgarh State Agriculture Marketing Board appointed under the Act;

(8) "Form" means a form appended to these rules ;

(9) "Misconducts" means willfully not to receive or refuse to receive, information sent by State Government Managing Director, Collector or authorized officer, Deputy Director, market committee or disobey, the order/direction issued by Board, Managing Director or the authorized officer, market committee or non-submission of required information in the time limit or submission of incomplete or incorrect information;

(10) "Notified authority or officer" means such authority or officer as may be notified by the State Government to grant or renew the special licence under these rules;

(11) "Primary transaction" means the bringing of the notified agricultural produce by any farmer or trader in the area for the first time for sale-purchase, storage, or processing on which due market fees has not been recovered in any market area. The transaction made between producer of the agricultural produce and the first time will be deemed to be the primary transaction and the responsibility to make the payment of market fees on that agricultural produce shall be on the purchaser trader;

(12) "Section" means a section of the Act of the Agriculture Department;

(13) "Secondary transaction" means transaction made in connection with commercial transactions by traders of agency for sale to consumers after sale or purchase of any notified agricultural produce in market yard or any market area by auction or bargain and the payment of fee on such notified agricultural produce has already been made to market committee of the area in such form as prescribed in the bye-laws;

(14) "Specified market area" means such area of the market committee which has been declared for business of notified agricultural produce for the licence holder under section 32-A;

(15) "Specified purchase center" means the purchase center established by the licence holder in the specified market area for the business of the notified agricultural produce;

(16) "Specified Licence" means the licence issued by notified authority or officer under sub-section (2) of section 32-A for the business of notified agricultural produce;

(17) The words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act.

Chapter II

Chapter III

Issue of Special Licence

(a)	Trader/Processor/Commission Agent/Surveyor/Warehouseman/Godown Keeper	Rs. 2,00,000/- (Rupees two lakhs)
(b)	Broker/Transporter	Rs. 20,000/- (Rupees twenty thousand)
(c)	Weighman/by Beam Scale	Rs. 5000/- (Rupees five thousand)
(d)	Weighman/Electronic Weighbridge Holder/Operator	Rs. 10,000/- (Rupees ten thousand)
(e)	Hammal	Rs. 2,000/- (Rupees two thousand)

(i) Bank Guarantee, which is signed/committed by applicant in favour of notified authority/officer.

(ii) The list of the market areas for purchase of notified agricultural produce . in more than one market areas and their separate layout, storage site, capacity of the godown, address of the office and the name/father's name of all the workers posted in every market area along with their official capacity;

(iii) Name of the applicant trader/processor/commission agent and their partner, particulars of immovable property available in the market areas and the attested photo copy of the documents relating thereto;

(iv) Certificate of the competent authority regarding payment of income tax/commercial tax of last year. The photo copies of the returns, balance sheet and audit reports of the accounts of Chartered Accountant for the last year;

(v) List of the Bank Accounts in the specified market areas along with verified photo copy of the Bank Accounts;

(vi) Particulars of up-to-date available working capital/permanent fund/share capital for doing business of notified agricultural produce;

(vii) No dues/No objection certificate of the Secretary of the concerned market committees of the specified market areas;

(viii) Declaration in Form II;

(ix) Money Receipt of security deposited in the accounts section of the Board in the form of cash/bank guarantee;

(b) If the licence holder desires to surrender his special licence, then the notified authority/ officer after proper inquiry may take decision to refund or not to refund or to refund partly, the security amount deposited. The decision of the notified authority/ officer will be final and binding on the licence holder.

(i) Contravenes the provisions of the Act, rules and bye-laws framed thereunder, or

(ii) disobey the directions of the board, Managing Director and the notified authority/ officer or the Secretary of market committee of the specified area.

(1) has obtained licence through wilful mis-representation or fraud; or any person acting on his behalf, commits a breach or contravenes any of the terms conditions of the licence; or

(2) in combination with other licence holders commits any act by which the marketing of any produce has been abstained, suspended or stopped; or

(3) has become insolvent; or

(4) has been proved guilty by the court, Managing Director or the Mandi Committee under the rules any by-laws; or

(5) behaves against the interest of any market committee, farmers, Board; or

(6) has been proved guilty for misconduct under this Act, rules and by-laws; or

(7) has not made payment of due market fees, Nirashrit Shulk within the maximum period of 30 days along with the interest; or

(8) has not made payment to the farmer/sellers, of the specified market area of the agricultural produce purchased from them within the prescribed period ; or

(9) has made default in payment by not depositing due amount with the Board or the administrative market committee within the period mentioned in the notice/ demand note; or

(10) has not submitted prescribed periodical returns in the Board or office of the market committee, as the case may be within the prescribed time limit; or

(11) has acted against the interest of Board or the market committee; or

(12) has engaged unauthorized persons for weighment Hammal of notified agricultural produce; or

(13) has been found involved in getting more weighed in the weighment of the agricultural produce of the seller putting him to loss; or

(14) has not purchased minimum prescribed quantity of notified agricultural produce as required :

(b) On receipt of the reply of show-cause notice, it will be scrutinized by the notified authority/officer. After scrutiny and personal hearing, if licence is suspended/rejected then the order to suspend/reject the licence will be passed specified reasons thereon. The copy of the order passed will be sent to the secretaries of the specified market areas and also to the divisional Deputy Director for compliance.

(a) delivering a copy of such order to him personally ; or

(b) sending to him a copy of order by registered post.

Chapter IV

Appeal

Chapter V

Conditions of Sale Purchases of Notified Agricultural Produce under Special Licence

(a) establish proper and correct electronic weighbridge as per requirement for the weighment of notified agricultural produce. The operator of the weighbridge should be licence holder of the market committee;

(b) make available necessary facilities such as light, shed drinking water and proper for sitting/rest for the sellers;

(c) establish proper payment counter for sellers;

(d) fix at least a 3' x 3' size sign board in which the name of purchase centre, name of the licence holder firm, licence number and business shall be mentioned.

Form I

[See Rule 5]

Application for Licence for Regulation of Sale, Purchases, Processing of notified Agricultural Produce in more than one Market Areas

Application No ................

Date ................................

To,

The Notified Authority/Officer

..............................

..............................

1.	Name of the Applicant/Firm, Address who/ which desires to do business in market areas.
2.	Name of the Applicant, Father's Name and Full Address :
	Telephone No.
3.	The Applicant is other than the Individual, then name and address of the firm/Hindu undivided family/company/names of all the workers/ partners/ directors and full address.

Declaration

2...................

3...................

For office use only

(a) FDR/Bank Guarantee No ................. Name of the Bank.............................. for Rs........

(b) Bank Guarantee for Rs..................Name of the Bank.........................

or

Form II

[See rule 5]

Declaration

I/We hereby declare this also, that the undertaking given above by me/us is fully correct and certified.

Office of The Notified Authority/officer Chhattisgarh State Agricultural Marketing Board

"Beej Bhavan", Ravi Gram, Infront of Chhattisgarh Hotel, Telibandha, Raipur

Form III

[See rule 2]

Special Licence

For Business of Notified Agricultural Produce in More than one Market Areas

(1) On not making due payment of agricultural produce to the farmers in the specified market area.

(2) On not making payment of the market fees, Nirashrit Shulk as per provisions and within the given time limit under the Act, rules and bye-laws.

(3) On having found evading the market fees maintaining the forged permit, receipts or other forged market records and produce or got produced forged documents.

(4) On having found defaulter by not making payment of amount due to the market committees or the Board as per notice within the time limit.

(5) On not producing the prescribed periodical returns within the time limit fixed by the Act, rule and bye-laws.

(6) On having found disobeying the directions issued from the board, market committee.

Form IV

[See rule 11]

Certificate Regarding Individual Security

Form V

[See rule 15]

Agreement Form

Pertaining to special Licence for Purchase of Certified Agricultural Produce in more than one market area

1. Name of the specified market area..................... Name of the purchase centre.......................

2. Name of Seller..................Address..................................................

3. Name of Agriculture Produce.............Type (If any)..................... Estimated Quantity Bags/Bales...........................................................

4. Rates as per agreement/Rate per Quintal/Bale Rs........................

1. Stuffing                       2. No. of Bags/Bales                      3. Total Weight/Quantity

(Weight/Quantity in words..........................Signature of Weighman/Operator)

(2) On the same day of weighment, the payment of the agricultural produce, will be made to the seller as per agreement. In case the payment is not made on the same day, from the next day, at the rate of one percent, per day additional payment will be made to the seller within five days.

(3) In case the payment is not received on the same day, the seller will inform the market committee. After five days the complaint will not be entertained.

Form VI (R-1)

[See sub-rule (2)/of rule 20]

Purchase of Notified Agricultural Produce(s)

Note. - 1. For Column No. 9, 11, 13 list pertaining to the Name, Address, bill No. name of the Agricultural Produce, Weight/Quantity including total, of seller Trader will have to be enclosed necessarily.

2. To enclose a verified photocopy of the processing register with report as above is also necessary in the case of own use for processing regarding Column 25.

Name.............................................

Designation......................................

Form VII

[See sub-rule (4) of rule 20]

Register of Daily Purchase at the Purchase Center in the Specified Market Area

Signature of Manager/In-charge of Purchase center

Name.........................................................

Designation/capacity........................................

Form VIII

[See sub-rule (3) of rule 15]

Sale Voucher

Payment of Value of Notified Agricultural Produce Purchased in the Specified Market Areas

[See sub-section (2) of Section 37 and sub-rule (3) of 15]

Note. - It is necessary to make payment to the seller on the same day under sub-section (2) of Section 37 and in case of delay @ 1% per day of the value, additional payment will have to be made necessarily by the purchaser under clause (b) of sub-section (2) of Section 37.

Annexure-1

(Name of the Trader firm)

Purchase of Agricultural Produce in the Specified Market Area other Market Areas and From out Side the State.

(Concerned with column No. 2, 3, 4, 5 of Form VI-fortnightly report)

Annexure-2

(Name of the Trader firm)

Fortnightly Return Regarding Sale/dispatch of Notified Agricultural Produce from Specified Market Area

(In reference to column No. 5, 7, 9, 11 and 13 of sale/dispatch)