Bare ActsThe SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005

Section 49

Amendment status not verified — confirm the current text below against the official source.

(1) (a) (b) (c) (2) (3) to the license holder/ registration holder in writing, suspend or cancel, license registration:- (a) If the license or registration has been obtained through willful misrepresentation or fraud; or (b) if the holder of the license or registration or any servant or anyone acting on his behalf with his (license/registration holder's) expressed or implied permission, commits a breach of any of the terms or conditions of license Registration; (c) if the holder of the license/ registration in combination with other license / registration holder commits any Act or abstains from carrying on his normal business in the market area with the intention of willfully obstructing, suspending or stopping the marketing of notified agricultural produce in the market yard I sub market yard and in consequence whereof the marketing of any notified agricultural produce lies been obstructed, suspended or stopped; (d) if the holder of the license hegistration has become an insolvent; (e) if the holder of the license/registration incurs any disqualification, as may be prescribed; or (f) if the holder of the license/registration is convicted of any offence under this Act then within one year of the conviction if the conviction is for tile first time and within three years for subsequent conviction. (2) Subject to the provisions of sub- section (4) the Chairman or Chief Executive Officer may, after communicating the reasons in writinq to the license /registration holder, suspend a license /registration for the period not exceeding one month on any reason for which the Market Committee may suspend a license / registration under sub- section (1): Provided that such order shall cease to have effect on expiry of a period of ten days from the date on which it is made, unless confirmed by the Market Committee before such expiration. (3) Notwithstanding anything contained in sub- section (1), but subject to the provisions of sub-section (4), the Director/Managing Director may, for the reasons to be communicated in writing to the license / registration holder, by order suspend or cancel his/its licenselregistration granted or renewed by the Market Committee: Provided that no order under this sub section shall be made without notice to the Market Cornmittee. (4) No license/registration shall be suspended or cancelled under this section without giving a reasonable opportunity to its holder to show cause against such suspension or cancellation: Provided that the power to suspend or cancel a license granted by the authority prescribed by the State Government shall vest with the authority himself so prescribed subject to provisions of this section. Any person aggrieved by an order of the Chief Executive Officer or the Chairman of Market Committee or the Director/Managing Director, passed under Sections 44,47 or 48, as the case may be, prefer an appeal- to the Market Committee, where such order is passed by the Chairman/Chief Executive Officer, within seven days of receipt of the order; to the Director/Managing Director, where such order is passed by the Market Committee, within thirty days of receipt of the order; and to the State Government, where such order is passed by the Director /Managing Director, within thirty days of receipt of the order; in such manner as may be prescribed. the Appellate Authority, if it considers necessary to do so, gt'ant a stay of the order appealed against for such period as it may deem fit. the order passed by the Chairman, Market Committee and the Director/Managing Director shall, subject to the order in the appeal under this section. Be final and shall not be called in question in any court of law. -32- ~edressal of ..•ispute between Private Market or Market Committee and Consumer Market Provision of Trade allowances other than those prescribed under this act Power to order production of Account and entry, inspection and seizure

Section 49 – The SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005 | DailyLaw.ai