(1) No person shall, within a notified area, set up, establish or use, or continue or allow to be continued, any place for the purchase, sale, storage, weighment, pressing or processing of any notified agricultural produce, except under and in accordance with the conditions of a licence granted to him by the market committee:
Provided that the market committee may exempt from the provisions of this sub-section any person who carries on the business of purchasing or selling any notified agricultural produce in any quantity not exceeding, that prescribed.
Provided further that a producer selling his notified agricultural produce which has been grown, reared or produced by him or a Co-operative Marketing Society selling notified agricultural produce which has been grown, reared or produced by any of its members, shall be exempt from the provisions of this sub-section, but the 6 Government may in public interest and for reasons to be recorded in writing withdraw for such period as may be prescribed such exemption in respect of any such producer or Co-operative Marketing Society or all of them or in case of breach, impose such penalty as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to a person purchasing notified agricultural produce for his own domestic consumption in any quantity not exceeding that prescribed.
(3) A licence under sub-section (1) may be refused to a person –
(i) whose licence was cancelled and three years have not elapsed since the date of its cancellation; or
(ii) who has been convicted of any offence or been guilty of misconduct which, in the opinion of the market committee, affects the said person’s integrity as a man of business; or
(iii) in regard to whom the market committee is satisfied, after such inquiry as it considers adequate, that he is a benamidar for, or a partner with, any other person to whom a licence may be refused under clause (i) or clause (ii); or
(iv) if the market committee finds that the grant of a licence in respect of any place situated within a distance of ten Kilometres from the notified market area is likely to affect the levy of market fees under section 18 or the transaction of sale or purchase of the notified agricultural produce in the market.
(4) A licence granted under sub-section (1) shall be in such form and subject to the payment of such fees as may be prescribed.
(5) A licence granted under sub-section (1) shall be valid for a financial year and may be renewed from year to year and the provisions of this Act shall, so far as may be, apply in relation to the renewal of a licence as they apply in relation to the grant of a licence.
(6) Every person to whom a licence is granted under sub-section (1) shall comply with the provisions of this Act, the rules and by-laws made thereunder and the conditions of the licence.
(7) If a market committee is satisfied either on a reference made to it in this behalf, or otherwise, that – 7
(a) a licence granted under sub-section (1) has been obtained by misrepresentation or fraud; or
(b) the holder of a licence has contravened or failed to comply with, any of the provisions of this Act or the rules or byelaws made thereunder or any of the conditions of the licence.
then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the market committee may, subject to such rules as may be made under this Act, cancel or suspend the licence after giving the holder of the licence a reasonable opportunity of showing cause against such cancellation or suspension.
(8) Any person aggrieved by the decision of the market committee refusing to grant, or cancelling or suspending a licence may, within such time as may be prescribed, appeal to such authority and in such manner as may be prescribed.
Agricultural produce to be sold in the market only.
7. Notwithstanding anything contained in sub-section (1) of section 6, all agricultural produce brought to the notified market area by a producer shall be sold only in the market.
Incorporation of market committee.
8. Every market committee established under section 4, shall be a body corporate by the name of the notified area for which it is established and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and may, by its corporate name, sue and be sued.
Constitution of market committee by election.