Amendment status not verified — confirm the current text below against the official source.
Execution of contracts (1) Every contract entered into by a committee shall be in writing and shall be signed on behalf of the Committee by the Chairman or if for any reason he is unable to act, by the Vice- Chairman, and 1[one other member and the Secretary] of the Committee and shall be sealed with the common seal of the Committee. (2) No contract other than a contract executed as provided in sub-section (1) shall be binding on a committee. 2[23. Levy of fees (1) 3 [A committee shall subject to such rules as may be made by the State Government in this behalf, levy on ad-valorem basis – (i) fees on the agricultural produce bought or sold by a licensee in the notified market area at a rate not exceeding 4[ three rupees] for every one hundred rupees; and (ii) also additional fees on the agricultural produce when sold by a producer to a licensee in the notified market area at a rate not exceeding one rupee for every one hundred rupees]: Provided that – (a) no fee shall be leviable in respect of any transaction in which delivery of the agricultural produce bought or sold is not actually made; and (b) a fee shall be leviable only on the parties to a transaction in which delivery is actually made. (2) Subject to the presentation of requisite documents as prescribed, no fee shall be levied on the agricultural produce bought or sold in respect of which such fee has already been paid in the same or any other notified market area within the State. (3) Any licensee obtaining a license under sub-section (1a) of section 10, can deposit fee and additional fee, if any, with the Board within seven days of transaction irrespective of the transactions carried out in different notified market areas. (4) In the private market yard, private producer and consumer market yard, private e-trading platform and private Producer Market Yard (Kissan Mandi), the user charges shall be levied in lieu and at the rate of market fee, however, producer-seller shall be exempted from the user charges: Provided that the State Government, in public interest may, from time to time, by notification, put ceiling on the rate of collection of user charge. (5) The owner of the private market yard, private producer and consumer market yard, private e- trading platform and private producer market yard (Kissan Mandi) shall be responsible for the 1 Inserted vide Punjab Act No. 13 of 1979. 2 substituted vide The Punjab Agricultural Produce Markets (Second Amendment) Act, 2017 Punjab Act No. 17 of 2017 dated 14.8.17 3Substituted vide Punjab Ordinance No. 5 of 1982(Punjab Act No.3 of 1983. The realisation of "additional fee" levied under Section 23(ii) has been stopped w.e.f. 5.11.85 4 Substituted vide The Punjab Agricultural Produce Markets (Third Amendment) Act, 2017 Punjab Act No.22 of 2017 dated 29.12.17. 23 collection and deposit of any additional fee or cess levied by the State Government from time to time, in the Marketing Development Fund." 1[23-A.Saving of excess fee charged (1) Notwithstanding anything contained in any judgment, decree or order of any court, it shall be lawful for a Committee to retain the fee levied and collected by it from a licensee in excess of that leviable under section 23, if the burden of such fee was passed on by the licensee to the next purchaser of the agricultural produce in respect whereof such fee was levied and collected. (2) No suit or other proceedings shall be instituted, maintained or continued in any court for the refund of whole or any part of the fee retained by a Committee under Sub-section (1) and no court shall enforce any decree or order directing the refund of whole or any part of such fee. (3) If any dispute arises as to the refund of any fee retained by a Committee by virtue of sub- section (1) and the question is whether the burden of such fee was passed on by the licensee to the next purchaser of the concerned agricultural produce, it shall be presumed unless proved otherwise that such burden was so passed on by the licensee. (4) If any amount of fee retainable by a Committee under sub-section (1) has been refunded any licensee, the same shall be recovered by the Committee in the manner indicated in sub- section (2) of section 41. (5) The provisions of this section shall not affect the operation of section 6 of the Punjab Agricultural Produce Markets (Amendment and Validation) Act, 1976]. 2["23-B Levy of user charges The Board shall levy user charges for the use of infrastructure provided in the principal market yard or sub- market yard or special market yard, seasonal market yard, as the case may be, at the rate as may be prescribed.". ]