87G: Levy of charges, fees by a private market yard licensee and farmer-consumer market licensee.- For the purpose of determining the registration fee and other charges under clause (b) of section 64A of the Act and after considering the facilities provided in the above said categories of private market yards and the proposal submitted by the licensee for fixation of the fees and other charges, the Director of Agricultural Marketing shall pass an order to determine the maximum rate of charges to be levied and collected by a private market yard licensee.
87H: Duties and responsibilities of private market yard licensee, direct purchase centre licensee and farmer-consumer market licensee.- (1) The private market yard licensee, farmer-consumer market licensee and direct purchase licensee shall:-
(i) frame the operational and working guidelines for the administration and regulation of trading activities in the categories of private market yards, direct purchase centre and farmer-consumer market and shall submit the draft of the same along with the application for license. Such guidelines shall be in consonance with the provisions of the Act and the rules made there under
(ii) Furnish all the necessary information to the Director of Agricultural Marketing or the Officers authorized by him as he may require in this behalf.
(2) They shall also be responsible for:-
(a) Keeping a copy of the operational and working guidelines open to inspection at its office by the Officers of the Department of Agricultural Marketing at all reasonable times.
(b) Provide information of allotment of shops, godowns, sheds, plots or any other premises only for the purposes of sale and purchase of agricultural produce or such other purpose directly or indirectly connected with the sale and purchase of agricultural produce.
(c) Maintain a register showing the fees and all other charges collected by them from the sellers and buyers.
(d) Submit periodical reports and annual reports containing such information as may be directed by the Director of Agricultural Marketing or any Officer authorized by him.
(e) Comply with the method of sale of the agricultural produce permitted by the Director of Agricultural Marketing or the Officer authorized by him as provided under Section 76 of the Act.
(f) Every price quotation made by a trader, buyer or agent in respect of any notified agricultural produce in direct purchase in private market yard shall always be exclusive of the container thereof.
(g) The direct purchase licensee and the private market yard licensee shall keep regular and proper accounts either manual or on electronic media of every purchase and sale transaction of agricultural produce in a register specified by the Director of Agricultural Marketing in this behalf from time to time.
Explanation:- Making entries collectively relating to more than one transaction shall not be deemed to be keeping regular and proper accounts within the meaning of this sub-rule.
(h) Every trader operating in a private market yard and the direct purchase licensee shall, immediately after weighment or measurement of the agricultural produce, issue a bill in the form as specified in the operational and working guidelines, furnishing details including price of all the agricultural produce purchased or sold by him. The trader operating in a private market shall retain one copy of the bill with himself and submit one copy to the private market yard licensee, one copy to the purchaser or to the seller. The direct purchase licensee shall retain one copy of the bill with himself and give one copy of the same to the concerned Seller.
(i) The private market yard licensee may grant registration to operate as the traders, commission agents etc., on such terms and conditions provided in the operational and working guidelines made in this behalf.
The provisions of the Karnataka Weights and Measures (Enforcement) Act, shall be applicable to the direct purchase center, private market yard and farmer-consumer market yard.
(k) Immediately after any agricultural produce is weighed or measured in the direct purchase centre or private market yard or farmer-consumer market, the purchaser shall settle the account and pay the seller or his agent, as the case may be, the sale proceeds of the produce so purchased.
Provided that, under no circumstances payment of the Agricultural produce sold shall be withheld by a commission agent or purchaser either on deposit account or personal account or in any other account of a similar nature. The license of the private market yard, direct purchase center shall be held responsible for not arranging payment to the farmers, producer-sellers.
(l) For the purpose of ascertaining that the payment for the agricultural produce sold in the private market yard, direct purchase centre is made to the farmer, producer-seller as required by these rules, the private market yard license or the direct purchase centre license shall through it’s Officer arrange for the periodical inspection of books of accounts of traders and commission agents operating in the said market center and shall make inquiry, as the case may be.
(m) The charges payable to a licensed commission agent, broker, weigh men, measurer or surveyor etc., in respect of his services, in the private market yard and farmer-consumer market as also other market charges if any shall be as may be specified in the operational and working guidelines, subject to the maximum rates as may be determined by the Government or the Director of Agricultural Marketing from time to time.
(n) No person operating in any direct purchase centre, private market yard or farmer-consumer market shall adulterate any notified agricultural produce or shall cause such produce to be adulterated and it shall be the duty of every direct purchase license holder, private market yard licensee and farmer-consumer market licensee to take adequate steps including power to take samples of such produce to see that the agricultural produce intended for marketing, processing, storage or export in the market area is not adulterated.
Explanation.– For the purpose of this sub-rule, adulteration of agricultural produce is assigned the same meaning as defined under the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954)
(o) The private market yard licensee, direct purchase licensee and farmer-consumer market licensee shall arrange for the storage of agricultural produce brought by the agriculturist, producer-seller when it is not sold or when the producer-seller desires to store the agricultural produce till he obtains better price, in their godowns or godowns of the purchasers or processors or warehouseman. The private market yard licensee and the farmer-consumer market licensee may fix every year, the charges for such storages.
(p) The private market yard licensee and direct purchase licensee shall declare the details of address of warehouses, godowns, and storage places where agricultural produce have been stocked/stored and shall submit monthly returns to the Director of Agricultural Marketing or the Officer authorized by him
87I. Powers of the Director of Agricultural Marketing to make enquiry and inspection.- (1) The Director of Agricultural Marketing shall have the power to enquire and inspect the affairs of private market yard, direct purchase center and farmer-consumer market, and may authorize any of his subordinate Officer for such enquiry or inspection. An order authorizing inquiry or inspection of Director of Agricultural Marketing or the Officer authorized by him shall, amongst other things contain the following:-
(a) The name of the persons authorized to conduct the inquiry or inspection.
(b) The name of the direct purchase license holder, private market yard license holder and farmer-consumer market license holder or whose affairs are to be inquired into or whose accounts and records are to be inspected ;
(c) The specific point or points on which an inquiry or inspection is to be made, the period within which the inquiry or inspection is to be completed and report submitted to the Director of the Agricultural Marketing.
(d) Any other matter relating to the inquiry or inspection of the offices or any person operating in the private market yard, direct purchase center or farmer-consumer market.
(2) If the inquiry or inspection cannot be completed within the period specified in the order referred to in sub-rule (1), the person conducting the inquiry or inspection shall submit an interim report stating the reasons for not completing inquiry or inspection in time and the Director of Agricultural Marketing may grant such extension of time for the completion of the inquiry or inspection, as he deems necessary or may withdraw the inquiry or inspection from the person to whom it is entrusted and hold the inquiry or inspection by himself or entrust it to such other person as he deems fit.
(3) On receipt of the order referred to in sub-rule(1), the person authorized to conduct the inquiry or inspection shall proceed to examine the relevant books of accounts and other documents in possession of the direct purchase license holder, private market license holder and farmer-consumer market license holder or any of its Officers, members, agents or servants or any person operating therein and obtain such information or explanation from any such persons in regard to the transactions and working of the respective markets, centers as he deems necessary for the conduct of such inquiry or inspection.
(4) The person authorized to conduct an inquiry or inspection shall submit the report to the Director of Agricultural Marketing, on all the points mentioned in the order referred to in sub-rule (1) and the report shall contain his findings and the reasons therefore supported by such documentary or other evidences as recorded by him during the course of his inquiry or inspection. The Director of Agricultural Marketing may pass orders of suspension or cancellation of license as may be considered just and proper.
Provided that before passing an order of suspension or cancellation of license the Director of Agricultural Marketing shall give the persons including the private Market yard licensee, direct purchase centre licensee or farmer-consumer market licensee reasonable opportunity of being heard.
87J. Manner of Preferring Appeals.- A person aggrieved by the orders of the Director of Agricultural Marketing may appeal under section 72E (1)(b) of the Act, by complying with the following requirements:-
(i) The appeal memo should be in writing and duly signed and verified by the appellant;
(ii) The certified copy of the decision or order should be accompanied with the appeal memo;
(iii) The appeal should be properly stamped;
(iv) The appellant shall, when so required by the appellate authority deposit a sum of money as may be directed by the appellate authority;
(v) The appeal may be filed personally or through an advocate of the appellant."