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Section 22: Execution of Contracts

HAPM General Rules 1962 amended in 2016State Rules of Haryana · 1961

(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 two 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.

[23. Levy of fees. - [(1)] A Committee may subject to such rules as may be made by the State Government in this behalf levy on ad volerem basis fees on the agricultural produce (bought or sold or brought for processing by dealers) in the notified market area at a rate not exceeding [three rupees] for every one hundred rupees :

[Provided that except in the case of agricultural produce brought for processing,

(a) no fee shall be leviable in respect of any transaction in which delivery of the agricultural produce bought or sold in 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 such requisite documents, as may be 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 of Haryana.

(3) Any licensee obtaining a license under section 10 for the State, wholly or partly but for more than one notified market area, may 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 special market yard, private market yard, producer and consumer market yard, private e-trading platform and Producer Market Yard (Kissan Mandi), the user charges shall be levied in lieu 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 charges.

(5) The owner/management, as the case may be of the special market yard, private market yard, producer and consumer market yard, private e-trading platform and producer market yard (Kissan Mandi) shall be responsible for the collection and deposit of any additional fee or cess levied by the State Government from time to time, in the Marketing Development Fund.]

[23A. Passing of burden of fee. - (1) Notwithstanding anything contained in section 23, a dealer or licencee may pass on the burden of fee paid by him under that section and the rules made thereunder to the next purchaser or add the same towards the cost of agricultural produce or the goods processed or manufactured out of it.

(2) Whenever a dispute arises as to the passing on the burden of fee or its addition towards the cost of agricultural produce or the goods processed or manufactured out of it shall always be presumed, unless proved otherwise, that the burden of the fee has been passed on to the next purchaser or has been added towards the court of the agricultural produce or the goods processed or manufactured cost of it.]

Where this provision sits

ActHAPM General Rules 1962 amended in 2016
Section22
Marginal noteExecution of Contracts
JurisdictionState of Haryana
StatusIn force as published by the source

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