1. Short Title:- (1) These rules may be called the Agricultural Produce Markets Rules, 1940.
(2) They shall extend to the whole of West Pakistan except the Tribal Areas.
2. Definations (i) The “Act” means the Agricultural Produce Markets Act, 1939.
(i-a) Assistant Director means the Assistant Director, Bureau of Supply and Prices, Sind.
(i-b) ‘Board’ means the Board of Arbitrators referred to scection 22-A.
(ii) “Broker” means a person (not being a private servant usually employed on commission to enter into contract on behalf of others for the purchase or sale of agricultural produce.
Explanation: Any person employed to purchase or sale of agricultural produce on account of another whether remunerated by fees, commission or otherwise will not be treated as a broker within the meanning of the rule provided that he is employed by one person or one firm only and does not work for or demand fee from any other person or firm.
(iii) “Buyer” includes a person buying any agriculture produceon behalf of another as his agent or servant or as a commission agent.
(iv) “Bye-laws” means bye-law made by a market committee under Section- 28, of the Act.
(iv-a) “Chairman” means Chairman of the Markey Committee.
(v) “Commission agent” means a person who on behalf of another and in consideration of a commission, makes or offers to make a purchase or sale of any agricultural produce or does or offer to do anything for carrying out such purchase or sale.
(vi) “Deputy Commissioner” means the Deputy Commissioner of the district within the boundaries of which the notified market area concerned is situated.
Provided that if the area covered by a notified market area falls with more districts than one, the Provincial Government shall in the notification declaring the market area determine which of the Deputy Commissioner is to be considered as the Deputy Commissioner for the purpose of these rules.
(vi-a) “Deputy Director” means the Deputy director of the Bureau of Supply and Prices, Sind.
(vi-b) “Director General” means the Director General of the Bureau of supply and Prices Sind.
(vi-c) “Form” means a form appended to these rules.
(vi-d) “Member” means a member of the Market Committee.
(vi-e) “Schedule” means the Schedule of these rules.
(vi-f) “Secretary” means the Secretary of the Market Committee.
(vii) “Seller” includes a person selling agricultural produce on behalf of another as his agent or servant or as a Commission agent.
(viii) “Unauthorized trade Allowance” means any trade allowance not allowed by the bye-laws of a market Committee and.
(ix) “Vice-Chairman” means the Vice-Chairman of the Market Committee.
3. Publication Of Notification Under Section-4:- The Notification under section-4 shall be given wide publicity by the Assistant Director in one or more of the following manner.
(i) Bye affixing the copy of the Notification or its Urdu or Sindhi translation at a conspicuous place of his office, the concerned council or any other place.
(ii) By beat of drums in the area concerned and at such other place or places as may be considered necessary.
4. Expenses Of a Notification:- The expenses of the publication of a notification issued under section-4 of the Act shall be met out of Government Funds.
5. Market How To Be Notified:- (1) A market established in a notified market area shall be notified as under.
(a) By putting up a notice, giving the boundaries of the market outside the office, if any of the market committee or if there be no such office in some conspicuous place in the market to be selected by the chairman of the Market Committee concerned.
(b) By beat of drum in the market and in such other place or places and at such time or times as may be determined by the Chairman of the market committee concerned.
(2) The expenses of notifying a market shall be met out of the funds of the market committee concerned.
6. Licenses To Dealers:- (1) Any person desirous of obtaining a License under Section-6.
(a) For setting up, establishing or continuing or allowing to continue any place for the purchase and or sale of agricultural produce in the notified area or.
(b) As a seller or buyer or both buyer or seller of agricultural produce, shall apply to the Market Committee concerned in Form ‘A’ given in the schedule.
(2) The Secretary or any other employee of a Market Committee authorized by him to receive such applications shall immediately examine the particulars of the applications and satisfy himself whether the applicant fulfills the requirements of the sub-section-(2) of section-6.
(3) After verification, the applications shall be forwarded to the market committee for orders.
(4) If the application is granted, the applicant shall be called upon to deposit the fee mentioned in the schedule.
(5) A License under Section-6, shall be issued or renewed:
(i) For a period of one financial year.
(ii) In form-B.
(iii) On the payment of fees, specified in the schedule.
(iv) On the condition specified in form-B.
(6) Full fees shall be paid for a License for any part of the year.
7. Person Exempt From Taking out Licenses:- (1) The following persons shall be exempted from taking out a License for the purchase of agricultural produce.
(a) Confectioners and other purveyors of parched, fried or cooked food.
(b) Oil-Pressers using Pakistani machines called Kohlus.
(c) Hawkers and petty retail shopkeepers who do not engage any dealing in agricultural produce other than such hawking or retail sales, and.
NOTE: For the purpose of this clause of dealer whose turnover of agricultural produce does not exceed Rs. 750 in any month of the year or Rs 5,000 during the year for which exemption is claimed, shall be treated as a petty shopkeeper, and the decision of the Deputy Commissioner with regard to such turnover shall be final for all proceedings under the Act.
(d) Persons who have taken out license under the Punjab Tobacco Vend Fees Act and deal exclusively in tobacco.
Provided that in the case of Clauses (a) and (b) the purchase is made for making the vocational needs of the persons concerned.
(2) The following shall be exempted from taking out a licence for the sale of agricultural produce.
(a) Scheduled banks when proceeding against any agricultural produce belonging to a person or Licenses under Section-6 of the Act to whom money has been advanced against the security of such agricultural produce.
(b) Hawkers and petty retail shopkeepers as defined under sub-rule(1) do not engage to any dealing in agricultural produce other than such hawking or retail sales.
(c) Persons who have taken out Licenses under the Punjab Tobacco Vend Fees Act and deal Exclusively in tobacco.
8. Constitution of a Market Committee:- (1) For the purpose of constituting a Market Committee, Government may require the Commissioner in the case of the Karachi Market Committee and the Deputy Commissioner, in any other case to submit by the specified date, separate panel of growers, consumers and persons specified in sub-section (3) of section-8 and such panel shall contain the names at least equal to twice the number of the vacancies to be filled in each category.
(2) The panel in respect of growers and consumers shall be finalized in consultation with their respective associations, if any and the representative of the Bureau of supply and prices.
(3) Government may specify the date from which a Market Committee is to function and this date will be given wide publicity amongst the general public of the notified area concerned.”
9. Persons Not Eligible For Membership:- No person shall be eligible for appointment as a member if he:
(a) Is a minor or
(b) Is of unsound mind or
(c) Is declared insolvent or
(d) Has been sentenced for an offence involving moral turpitude and a period of five years has not elapsed from the date of expiration of the period of sentence or
(e) Is an employee of the Market Committee or has directly or indirectly any share or interest in any contract with the Market Committee.
10. Termination Of Membership And Filling Of Casual Vacancies:- (1) Membership is a Market Committee shall terminate.
(a) When the term for which the appointment had been made expires or
(b) By death or
(c) By acceptance of resignation tendered under sub-rule(2) or
(d) By becoming subject to any of the disqualifications mentioned in Clauses of rule 9 above or
(e) By removal under the orders of the Government passed under the Act.
(f) If the member appointed under the sub-section (2) of section-8, ceases to be salaried servant.
(g) If a member fails to attend three meetings of the market committee consecutively without prior permission or intimation
(2) Any member of a market committee may resign his office by tendering resignation in writing to the chairman and if the member tendering resignation is himself the chairman he shall submit it to the Deputy Commissioner.
Provided that if no chairman has been elected or if the elected chairman is not performing the duties of his office a member other than the chairman may submit his resignation to the Deputy Commissioner.
(3) So long as a resignation tendered under sub-rule (2) above is not accepted the person concerned shall continue as member.
(4) Every resignation received by a chairman shall along with report of the facts in so fair as these may be known to him forthwith be sent to the Deputy Commissioner who shall with the least possible delay forward the same with necessary comments to the Government.
(5) The acceptance of resignation of a member shall be notified to the Deputy Commissioner who shall forthwith communicate to the Market Committee and the member concerned.
(6) The procedure prescribed in Rule 8 shall so far as it may be applicable apply to the filling up of a casual vacancy and the member appointed shall be presumed to have entered upon his duties from the date of the publication of the notification under sub-rule (4) of Rule-8.
11. Election Of Chairman And Vice-Chairman Of a Market Committee:- “(1) A Market Committee in its first meeting shall elect a Chairman and Vice-Chairman.
(1-A) The meeting shall be called under the orders of the Commissioner in the case of the Karachi Market Committee of the Deputy Commissioner in any other case on a date and at a time to be fixed by him, and shall be presided over by the Commissioner or as the case may be, the Deputy Commissioner or by such officer not below the rank of Mukhtiarkar in this behalf.
(2) For such meeting the quorum shall be not less than two-third of the existing strength of the Market Committee.
Provided that if a meeting called under this rule cannot bo held for want of a quorum, no quorum shall be necessary at the next meeting called for transacting the same business.
(3) A candidate for the office of the Chairman or Vice-Chairman shall be proposed in the meeting by one member and seconded by another, and the names of all candidates so proposed and seconded shall be read out by the President of the meeting.
(4) If there be only one candidate he shall be declared elected but if there be more candidates, the decision shall be by votes of the members present in the meeting which shall be recorded by show of hands, and shall be declared by the President.
(5) The President shall count the votes and declare the member who secures the largest number of votes to have been elected Chairman, or Vice-Chairman as the case may be.
(6) In the event of tie between two or more candidates the President shall there and then draw lots in the presence of the members present and the person whose name is drawn first shall be declared elected.
(7) The Chairman and the Vice-Chairman shall be deemed to have assumed office when their election has been confirmed by the Commissioner and the Deputy Commissioner in any other cases and this fact has been communicated to them in writing and where the
Commissioner or as the case may be the Deputy Commissioner refuses to confirm any election a fresh election in accordance with these rules shall be held.
(8) The president of the meeting shall record the proceedings of the election in the minute book of the market committee and send a copy thereof to the Director General and the Commissioner in any other case.
(9) “No member shall be elected as Chairman for more than two consecutive terms.
12. Term Of Office Of And Filling Of Casual Vacancies In The Office Of Chairman And Vice-Chairman:-
(1) Deleted.
(2) A Chairman and a Vice-Chairman shall cease to function as such.
(a) On the termination of membership or
(b) On resignation in writing being accepted by the Commissioner in the case of the Karachi Market Committee and the Deputy Commissioner in any other case.
Provided that a Chairman or Vice-Chairman shall unless otherwise directed by Government continue to hold office until his successor is appointed.
(3) A vacancy in the office of a Chairman or Vice-Chairman before the expiry of the full term shall be filled by election at a meeting of the market committee, summoned, presided over and conducted in accordance with the rule for the transaction of the ordinary business.
13. Duties And Powers Of a Chairman and Vice-Chairman:- (1)The Chairman shall be the chief executive officer of the market committee and all officers and servants of the market committee shall subject to these Rules and bye-laws if any made in this respect by the market committee be subjected to his control.
(2) The Chairman shall conduct all correspondence and be responsible of the keeping of accounts and for the safe custody of all moneys not deposited in accordance with rule-37.
(3) The Chairman shall forthwith report the death of any member of the market committee to the Deputy Commissioner who shall take steps to get the vacancy filled up in accordance with law.
(4) The Chairman shall furthermore bring to the notice of the Deputy Commissioner any fact, which in his opinion debar a member from continuing as such.
(5) The Chairman may for reasons to be recorded in writing, delegate any of his duties to the Vice-Chairman generally or for such period as my be determined by him.
Provided that if the Chairman is absent from the notified market area or on account of illness or other circumstances is unable to perform his duties the Vice-Chairman shall act for the Chairman, and he shall while so acting have all the powers of and be responsible for all the suites of the Chairman.
14. Presidency of Market Committee meeting and Transaction of Business:- (1) A meeting of a market committee shall, subject to any bye-law made by the market committee, be called under the orders of the Chairman.
(2) The quorum for a meeting, not otherwise provided for in these rules shall be right in a committee of eighteen and four in a committee of ten.
(3) The quorum of a meeting in which the annual budget is to be considered shall be not less than two-third of the existing strength of the market committee.
(4) If a meeting called under these rules cannot be held for want of quorum, no quorum shall be necessary at the next meeting called transacting the same business.
(5) Every meeting of a market committee shall be presided over by the Chairman or in his absence by the Vice-Chairman but if both are absent the meeting shall elect one of the other members present to act as Chairman for the occasion and such chairman shall have for that meeting all the powers of a Chairman and be designated as such.
Provided that f the Chairman or the Vice-Chairman returns during meeting he shall resume his powers as Chairman from the temporary Chairman.
(6) The Chairman of the meeting shall be responsible for preserving order in the meeting and shall decide all points of orders that may be raised therein. There shall be no discussion on points of orders unless the Chairman considers it Chairman’s decision shall be final.
(7) All questions that may come up before a meeting shall be decided in accordance with the votes of the majority of the members present and in case of equality of votes the Chairman shall have and may exercise a second or casting vote.
15. Members Not To Take Part In Certain Proceedings:- No member in any proceeding of the market committee or f any sub-committee constituted by relating to matter in which he or any one of the persons enumerated in Rule-41(2) has a direct or indirect pecuniary interest.
16. Minute Book:- (1) A Market Committee shall maintain a minute book in which the record of the proceedings of every meeting shall be entered by or under the direction and supervision of the meeting and shall be signed by him.
(2) In order to ensure that the minute of a meeting are correctly recorded these shall be read out in the next meeting of the market committee as the first item of the agenda and members who were present at the former meeting shall have the right of questioning the correctness of the recorded minute, which shall be confirmed with such modification as may be decided upon to bring them in conformity with effect. In case of any dispute about the correctness of the minutes the opinion of the chairman under whose signature the record was made if he is present shall be final. If however, the said chairman be not present when the dispute arises, the matter shall be decided in accordance with the majority votes of the members who had attended the former meeting and are present.
17. Submission Of Copies Of Proceeding:- A copy of the proceeding of every meeting of a market committee shall be forwarded to the Director General and the Commissioner in the case of Karachi Market Committee and the Deputy Commissioner in any other case for maintaining record and appropriate action if any.
18 Appointment Of Sub-Committee:- (1) A Sub-Committee appointed under section-15 of the Act may be for the full term of the Market Committee or for shorter fixed period. The appointment and dismissal of members of a sub-committee and delegation and withdrawal of powers and duties shall be by resolution of the market committee.
(2) The Market Committee shall fix the quorum of the meeting of the sub-committee appointed by it and shall nominate its chairman who except as provided in sub-rule(5) of rule-19 shall be the convener of the meetings of the sub-committee and shall submit a record of the work done by the sub-committee to the Chairman of the market committee.
(3) The rule of procedure applicable to the meeting of a market committee shall in so far as this be applicable apply to the meeting of a sub-committee.
19. Appeals Against Market Committee’s Decision:- (1) Any person aggrieved by an order passed by a market committee other than the orders in service matters and under sub-section (3) of Section-6, may at any time within thirty days
of the order, appeal to the Commissioner in case of the Karachi Market Committee and the Deputy Commissioner in any other case.
(2) Except as may be otherwise provided by these rules every appeal shall be stamped with a court fee of rupees five.
(3) Every appeal shall be presented to the appellate authority by the appellant to his duly appointed agent within thirty days of the date of the order appealed against it shall be accompanied by a copy of such order and shall set out the grounds of attack together with a clearly the names and full description of the appellant who shall duly sign the memorandum and verify the correctness of the fact stated therein.
(4) The appeal shall be decided after notice to and hearing if they so desire the appellant the market committee concerned and the person at whose instance or in whose favour the order under appeal had been made and the persons after making such enquiry as the appellate authority may consider necessary.
(5) Deleted.
20. References:- All references firm a Market Committee to any office of the Government shall be made through the head of the department or office concerned.
21. Powers And Duties Of Market Committee:- (1) A Market Committee shall draw up and may as occasion arises amend its bye-laws under Section 28 of the Act regular its own procedure and effectively to discharge its functions. Subject to the Provisions of the Act and these Rules, the Bye-laws shall inter alias prescribe:
(a) The time and place of the meeting of the market committee.
(b) The manner of convening a meeting and giving notice therefore.
(c) The conduct of proceeding at a meeting.
(d) The distribution of duties among members of the market committee and its sub-committee.
(e) Payment of traveling expenses to members of the Market Committee provided that no bye-law made under these sub rules shall brought into operations unless and until the Director General or any officer authorized by him in this behalf certifies that the committee financial position permits the grant of such traveling expenses.
(f) The persons by whom receipts may be granted on behalf of the Market Committee for money paid to it.
(g) The member or members of the Market Committee by whom Licenses to be issued by it may be signed.
(h) The procedure for the reception, hearing and disposal of complaints by the Market Committee or by its sub-committee.
(i) Fees for the grant and renewal of Licenses under rule-23 (1).
(j) Fees to be levied by it in connection with transaction relating to the purchase and sale of an agricultural produce or for weighment, measurement or storage of such produce through its agency.
(k) Security to be furnished by the officers and servants of the Market Committee entitled to handle money on its behalf.
(l) The regulation of the duties of persons holding Licenses from the market committee and the fees trade allowances or remuneration to be charged by them or by dealers.
(m) The leasing out or other management of the immovable property owned by or vesting in the market committee.
(n) The regulation of traffic in a market.
(o) Hours of business for the purchase or sale of agricultural produce in a market.
(p) Rules regarding impress money to be kept under the control of the chairman of the Market Committee.
(q) The manner of checking weights measurers and scale in use in the market area, of stamping weights and measurers found incorrect and of issuing certificates in respect of scales found to be correct.
(r) Any other matter for the guidance of the members officers and servants of the Market Committee for the purposes of carrying out the precisions and objects of the Act and these rules, and.
(s) The administration of the market property.
(t) For establishment of Masjid, Musafirkhana, Shade, Shelter, Drinking water, Truck/Vehicle and Cycle Parking.
(u) For establishment and maintenance of Library.
2. Byelaws framed by a market committee or amendment thereof be displayed for one week at a prominent place in the notified market are to be selected by the Market Committee.
3. Any objection in writing received by the Market Committee in ten days of the display of the byelaws shall be considered at a meeting of Market Committee and Byelaws as finally approved shall be submitted to the Director General who may forward the same of Government with his recommendation for approval or may remit the same for the reconsideration of Market Committee on the lines indicated by him.
4. The Market Committee after making such modifications as it may consider necessary shall resubmit the byelaws to the Director General who shall submit the same to the Government.
5. The Government may confirm the byelaws with such modification as it may consider necessary.
22. Control And Conservancy Of The Market:- (1) A Market Committee shall exercise such control over the market and the sale and purchase of Agricultural produce therein as may be required for the due observation of the provisions of the Act and these rules and shall manage the market in the best interest of the trade.
(2) A Market Committee shall as far as the funds at its disposal permit provide shelter and drinking water for men and animals coming to the market. It shall keep all property vested in it in a sanitary condition.
(3) A Market Committee may and if so required by the Government shall make a general order providing for the regulation of the ingress and aggress of traffic in the market and specifying places where vehicle shall be loaded and parked and where animals shall be unloaded and tethered. For the information of person’s visiting the market such an order shall be the information outside the office of the Market Committee and at such conspicuous place or places in the market as the Chairman of committee may determine.
23. Licenses To Brokers, Weighmen, Surveyors and Warehousemen:- (1) Subject to the provision made under the sub-rule (4) a Market Committee may grant Licenses to persons who apply for the same to work in the notified market area as Brokers, Weighmen, Measurers Surveyors or Warehousemen, Changers, Palladars, Boriottas and Rolas.
(1-A) An application for the grant of a License in Form “D” and the License in Form “E” which shall be subject to the conditions specified in Form “E”.
(1-AA) Where the Licenses is a firm, any change occurring in the membership of such firm otherwise than through inheritance shall mean the constitution of new firm and shall necessitate a fresh License.
Provided that in a case of Hindu Joint Family Firm any addition on account of the birth of any male membership of the firm.
(2) Where a change not necessitating a fresh License, taken place in the membership of the firm intimation thereof shall within two weeks from the date to such change be given to the Market Committee concerned who if satisfied after such enquiry as it may consider necessary, about the correctness of such intimation shall order necessary correction to be made in the License and the register in Form “K” shall also be corrected.
(3) Where a License firm changes its name without any change in its membership, it shall within two weeks, from the date on which such change is effected give intimation thereof to the Market Committee who if satisfied after such enquiry as it may consider necessary about the correctness of such the register in Form “K” shall also be corrected.
(4) If in a case covered by sub-rule (2) or (3) the license Firm fails to give necessary intimation to the Market Committee the change in the membership of the name of the firm as the case may be shall be presumed to constitute a new Firm.
(5) Fees for grant or renewal of a License granted under sub-rule (1) shall be specified in the Schedule”.
Provided that in the case of Weighmen, Measurers, Changers, Palledars, Boriottas and Rolas the fees shall not exceeds Rs. 1.00 annually.
(6) Deleted.
(7) While suspending or canceling a License a market committee may order that the license concerned shall not be entitled to the renewal of such License or the grant of a new one for such period not exceeding six months as it may consider expedient.
(8) No Broker shall advance money for the purchase of or have in his possession the document of title relating to an agricultural produce in connection with which he is employed as Broker.
(9) Any person who is granted a License under sub-rule(1) shall be bound to supply any information required by the Market Committee with regard to the agricultural produce bought, sold, stored or processed by him.
(10) A License under this rule shall be issued or renewed for a financial year.
23-A. Except as hereinafter provided no person shall at the same time hold a dealer’s license under, Section-9, or hold licenses under Section-9 to act as a functionary in more than one capacity, provided that license as dealer and warehousman weighman’s license may work there under as measurer and vice versa.
24. Books to be Kept by Licensed Brokers and Warehousman:- Every Broker and every warehousman licensed under these rules shall.
(a) Keep such books in such form as the market committee granting the license may from time to time prescribes by its bye-laws.
(b) Render such books in such form as the market committee prescribe, and
(c) Render such assistance as my be required by the market committee, in the collection of fees due under the Act, or under these rules or bye-laws made thereunder, in preventing evasions of payment thereof, and generally in the prevention of breaches of the Act of these rules or of any Bye-laws made thereunder.
25. Licensed Weighmen, Measurers, Surveyors, etc. to Wear Badges:- (1) All Licensed Changers, Palladars, Boriottas, Rolas, Weighman, Measurers, Surveyors shall be supplied with badges, bearing, serial number.
(2) The Badges shall be of such pattern as may be approved by the market committee.
(3) No Licensed Changer, Palladar, Boriotta, Rola, Weighman, Measurer and Surveyors shall act as such in a notified market area without wearing the Badge.
(4) A payment of not exceeding rupees twenty, as may be fixed by the market committee to cover the cost Badge shall be charged from every licensee, Changer, Palladar, Boriotta, Rola, Weighman, Measurers or Surveyor before the grant of Badge to him.
(5) On the expiry, suspension or cancellation of the license the Badge shall be returned to the market committee.
26. Fees for Licenses and other Functionaries:- A Licensed dealer when acting as a Commission Agent, Broker, Weighman, Measurer, Surveyor or Warehousman, or any other functionary whether licensed or not shall not in respect of Service rendered by him in connection with the purchase and sale of Agricultural Produce, receive from the person employing him a higher remuneration than that prescribed by the Byelaws of the market committee concerned. Where agricultural produce is bought or sold through the agency of the
commission agent (commonly known as a Pucca Artia) who humself is an intermediate owner in the course of a transaction of a transaction such commission agent shall charge remuneration in respect either of the purchase of or the sale but not in respect of both.
Provided that in the absent of any agreement to the contrary, the fees chargeable by a Weighman, Measurer or Surveyor shall be payable by the buyer and seeler in equal share.
27. Employing a Broker:- (1) No person shall, in the absence of any express agreement be bound to employ a broker in the transaction, or be required to pay for a broker employed by any other party to the transaction, or to pay for a broker when non has been employed.
(1-a) Where any person enter into any transaction for the purchase or sale of any agricultural produce through a commission agent, and the commission agent, without a written authority from his principal, employs a broker in connection with such transaction, the broker’s remuneration shall be payable, by and may be paid out of the remuneration due to, such commission agent.
(2-a) The same person shall not act as a broker both for the buyer and the seller of an agricultural produce in the same transaction.
28. Employment of Auctioneers:- (1) A seller may make an application in Form ‘F’ for the sale of an agricultural produce belonging to him by auction in a market. Such application shall be given a monthly serial number and shall, after the auction, be preserved in the office of the market committee for three years from the date of auction.
(2) A market committee may employ on such terms as may be fixed by it, one or more auctioneers for the sale by auction of any agricultural produce.
(3) Such auction of agricultural produce shall be held at such place or places in the market as may be fixed by the market committee.
(4) Bids made at the auction shall be recorded by the auctioneer in Form-‘G’.
(5) The Auctioneers shall conduct the auction on terms as to the payment of price as set out in Rule-28-A, which shall be made known to the prospective bidders before the auction is held.
(6) After the sale is completed, the auction from duly completed shall be forwarded by the auctioneer to the market committee, by whom it shall be preserved for three years.
28-A. Payment of Sale Price:- In the absence of any written agreement to the contrary the sale price of Agricultural produce purchased or sold under these rules shall be paid on delivery.
28-B. Execution of Memorandum Form:- On the completion of the transaction liable to the levy of a fee the buyer shall immediately execute a memorandum in Form-H. The foil of the memorandum shall be given to the seller and the counter foil retained by the buyer.
28-C. (1) In case any agricultural produce cannot be sold by open auction due to local conditions, the market committee may pass Resolution to transact the sale of such agricultural produce through private agreement between the transacting parties or on the basis of price through Assistant Director of the Bureau of Supply and Prices, Sind, of the district for examination and sanction thereof.
(2) The market committee shall see that the mode of sale adopted for sale otherwise than by open auction may not be detrimental to the interest of the grower at the time of fixation of price of agricultural produce.
(3) The record of such transaction as indicated in sub-rule (1) may be kept in Form (F) as prescribed for open auction.
29. Levy and Collection of Fees on the Sale and Purchase of the Agricultural Produce:-
(1) Directed.
(2) Fees prescribed under sub-rule (11) shall be leviable as soon as an agricultural produce is bought or sold by a licensee. In case the buyer or the seller are both licensee the fee shall be paid by them is a licensee.
Provided that in the case of a transaction liable to the imposition of a fee, entering into by a katcha arthia directly on behalf of a grower the whole fee shall be payable by the licensee buyer and the katcha arthia shall not be liable for any portion of it.
Provided also that for the purposes of these rules buyers and sellers not being hawkers or petty retail dealers within the meaning of rules exempted under Rule-7 from taking licenses shall be considered licensee.
(3) It shall be the duty of a licensee, liable to the payment of any fee in connection with the sale or purchase of any agricultural produce, to pay the same to the market committee.
(4) The market fee shall be paid to the market committee or a paid officer duly authorized to receive such payment, on the day of the transaction or the following day.
Provided that in special cases of hardship, the Chairman of the market committee may, by an order in writing, extend this period upto not more than seven days, from the day of the transaction.
(5) A receipt in Form ‘I’ shall forthwith be granted to the person making payment in respect of any fee paid under these rules.
(6) Every Officer or servant employed by the market committee for the collection of fees shall be supplied, out of its fund, with a standard uniform and a badge of office in such form as may be prescribed by the market committee. The standard uniform shall be worn by all such employees discharging their duties.
(7) Every such officer or servant shall before entering on his duties furnish such security as may be prescribed by the Bye-laws of the market committee concerned.
(8) Every person authorized to collect fee shall be provided receipt book in Form-‘I’ with a Counter Foil and a Locked Money Box.
(8-a) The key of the Box shall remain with the Chairman or under his written order with the Secretary.
(8-b) The Box shall be opened daily in the evening at a fixed time in the office at the market committee by the Secretary and the money contained therein shall be counted in the presence of the person authorized by the Chairman.
(8-c) The person in whose presence the money is counted shall be responsible for comparing the receipts with the amount actually received and for giving a Certificate to this effect over his dated signature on the back of last counter foil.
(9) For the purpose of this Rule Agricultural produce shall be deemed to have been bought or sold in a notified area.
(a) If the agreement of sale or purchase thereof is entered into in the said area, or
(b) If in the pursuance of the agreement of sale or purchase the Agricultural produce is weighed in the said area, or
(c) If in the pursuance of the agreement of sale or purchase the Agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.
(10) If in the case of any transaction any two or more of the acts mentioned in the sub-rule (9) have been performed within the boundaries of two or more notified market areas the market fee shall be payable to the market committee within whose jurisdiction the Agricultural produce is delivered as provided by clause (c) of sub-rule (9).
(11) There shall be charged a market fee by all market committee on the Agricultural Produce brought to the market, at the following rate:
(i) Wheat, Maida, Suji, Dalya, Barley, Padday, Rice, Rice Hursh, Maize, Maize Cobs (green & Dry) Jower, Bajira, Bajira Atta and Starch at Rs. 0.40. per 50 Kgs.
(ii) Cotton unginned (phutty) lint cotton and Jute Fibre Rs. 0.50 Kgs.
(iii) Sugar cane, Sugar cane Juice, Molasses, Rs. 0.25 per 50 Kgs.
(iv) Sugar (refined), Gur, Shakkar Desi, Rs. 0.40. per 50 Kgs.
(v) Cotton seed, Linseed, Sarson, Rayi, Taramire, Til, Palm, Soya-Bean, Sunflower, Groundnut, Castror, Coconut, their Oils, and Oil Cake Rs. 0.50 per50 Kgs.
(vi) Moong, Masoor, Mash, Mattar, Moth, Gram, Bean, Arhar, Gowand other, whole and split, Rs. 0.50. per 50 Kgs.
(vii) Senji, Lueen, Shaftal, Berseem, Bajra, other than dry, dry Kabi, Maize, Barley, Wheat, Javi, Methia, Swank, Oats and Ajwan, Jawar, Green dry and seeds Rice Straw (Palal) Rs. 0.25 per 50 Kgs.
(viii) All kinds of Fruits (fresh) vegetable (fresh & dry) and Dates (fresh & dry) and Chohara Rs. 0.30 per 50 Kgs.
(ix) Chillies, Coriander, Fennel (Saunf) Garlic, (fresh & dry) and other Rs. 0.50 per 50 Kgs.
(x) Tobacco leaves and crude, Rs. 0.50 per 50 Kgs.
(xi) Mehndi leaves and powder, Rs. 0.50 per 50 Kgs.
(xii) Goats, Rs. 2/- per head, Sheep Rs. 2/- per head, Cows, Rs. 5/- per head, Buffalo, Rs. 7/- per head Camels, Rs. 10/- per head Horse Rs. 10/- per head.
(xiii) Hide Rs. 0.50 per piece.
(xiv) Skin Rs. 0.25 per piece.
(xv) Mutton and beef, Rs. 1/- per 50 Kgs.
(xvi) Fish (fresh and dry) Rs. 0.50 per 50 Kgs.
Note: Fifteen Kgs, or less weight shall be ignored”.
(12) Every license of Group ‘A’ & Group ‘B’ mentioned in the schedule of fees shall maintain a separate record of transactions of purchase & sale of agricultural produce in the following form
