Amendment status not verified — confirm the current text below against the official source.
Applications for licences , fees to be paid and cancellation or suspension of licences 1["(1) Any person may apply to the authority specified in section 9 for a licence which may be granted for such period, in such form, on such conditions and on payment of such fees as may be prescribed: Provided that the license granted to commission agent and other market functionaries under sub-section (1) shall be valid for all the market yards notified under section 7: Provided further that if any person carrying on any business of the nature specified in sub-section (3) of section 6 in a notified market area on the date of issue of notification under sub-section (1) of that section, fails to apply for a licence on or before the date specified therein for obtaining licence, the prescribed authority may, before a licence is issued, impose on him such penalty as may be prescribed. (1 A) Any person may apply to the competent authority for a licence applicable to the whole of the State, which may be granted for such period, in such form, on such conditions and on payment of such fees as may be prescribed and shall be valid for all the market yards notified under section 7.".] (2) The 2[Secretary of the Board] 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 the Chairman of a committee of the area concerned may under intimation to the Secretary of the Board suspend a licence for a period not exceeding fifteen days: Provided further that no such order shall be made without giving the licensee an opportunity to show cause why such an order should not be made. (3) The 3[Secretary of the Board] after such enquiry as he may consider necessary, refuse a licence to a person who in his opinion: - (a) is a benamidar for or a partner with any person to whom a licence has been refused, or whose licence is cancelled or suspended under sub-section (2) for the period of such cancellation or suspension; or (b) is convicted of an offence affecting the said person’s integrity as a man of business within two years of such conviction; or (c) is undischarged insolvent: Provided that no such order shall be made without giving such person an opportunity to show cause why such an order should not be made. (4) Any person aggrieved by an order made under this section may at any time within one month of the making thereof, appeal to the State Government if such order is passed by the 4[Secretary of the Board] and to the Secretary of the Board if such order is passed by the Chairman of the committee. 1Substituted vide The Punjab Agricultural Produce Markets (Second Amendment)Act, 2017 Punjab Act No. 17 of 2017 dated 14.8.17. 2 Substituted vide Punjab Act No. 40 of 1963. 3 Substituted vide ibid. 4Substituted for the words "Chairman of the Board" vide Punjab Act No.40 of 1963. 14 1[10-A. Certain persons to be licensees Any person to whom a licence is granted under section 10 shall be deemed to be licensee under that section for the purposes of this Act and the rules made there under including that of levy of fees under section 23 on the agricultural produce bought or sold by him in the notified market area, irrespective of the fact whether the business of buying or selling of agricultural produce is specified in his licence or not]. 2["10-B. Granting of Licence to private person Any person who desires to establish a private special market yard, private market yard, private e-trading platform, private producer and consumer market yard or private producer market yard (Kissan Mandi) in any notified market area under section 7, shall apply to the competent authority along with requisite fee for grant of license and the competent authority shall grant the licence for such period, in such form, on such terms and conditions as may be prescribed. 10-C. Settlements of dispute. Any dispute concerning private yards licenced under section 10-B shall be referred to the competent authority or any officer authorised by it and the decision thereon shall be final. 10-D. Registration of ad-hoc buyer. Any person desirous of wholesale buying from the principal market yard or sub-market yard for his own consumption without obtaining licence under section 10 shall have to get himself registered with the concerned Market Committee, in the form and in the manner, as may be prescribed and he shall have to specify the day of purchase of agricultural produce at the time of registration and shall be liable to pay market fee at the prescribed rate to the said Committee before lifting the agricultural produce: Provided that the buyer shall not make such wholesale purchases more than three times in a month across the State. 10-E. Sale of agricultural produce. (1) No agricultural produce shall be sold at any place other than the markets notified under section 7. (2) Nothing in sub-section (1) shall apply to the sale of agricultural produce made by the producer to any person for his domestic consumption up to such quantity as may be prescribed. (3) The agricultural produce may be sold by the producer at any place outside the market yards notified under section 7 to a license holder especially permitted in this behalf by the prescribed authority, subject to such terms and conditions as may be prescribed: Provided that the provisions of this Act shall not apply to the sale or purchase of agricultural produce covered under the provisions of the Punjab Contract Farming Act, 2013.".] 1 Added vide Punjab Act No. 34 of 1976. 2 10B to 10E inserted vide The Punjab Agricultural Produce Markets (Second Amendment) Act, 2017 Punjab Act No. 17 of 2017 dated 14.8.17. 15