A Committee shall, for the purposes of this Act, have the power to -
(i) issue or renew licenses under this Act on such terms and conditions and subject to such restrictions as may be prescribed, or, after recording reasons therefor, refuse to issues or renew any such license ;
(ii) suspend or cancel licenses issued or renewed under this Act; Provided that before cancelling a license except on the ground of conduct which has led to the conviction of the licensee under section 37, the Committee shall afford reasonable opportunity to him to show cause against the action proposed ;
[(iii) levy and collect, -
(a) such fees as may be prescribed for the issue or renewal of licenses ; and
(b) market fee which shall be payable on transactions of sale of specified agricultural produce in the market area at such rates, being not less than one percentum and [not more than two percentum] of the price of the agricultural produce so sold as the State Government may specify by notification, and development cess which shall be payable on such transactions of sale at the rate of half percentum of the price of the agricultural produce so sold, and such fee or development cess shall be realized in the following manner :-
(1) if the produce is sold through a commission agent, the commission agent may realize the market fee and the development cess from the purchaser and shall be liable to pay the same to the Committee;
(2) if the produce is purchased directly by a trader from a producer, the trader shall be liable to pay the market fee and development cess to the Committee ;
(3) if the produce is purchased by a trader from another trader, the trader selling the produce may realize it from the purchaser and shall be liable to pay the market fee and development cess to the Committee ;
Provided that notwithstanding anything to the contrary contained in any judgment, decree or order of any court, the trader selling the produce shall be liable and be deemed always to have been liable with effect from June 12, 1973 to pay the market fee to the Committee and shall not be absolved from such liability on the ground that he has realized it from the purchaser ;
Provided further that the trader selling the produce shall not be absolved from the liability to pay the development cess on the ground that he has not realized it from the purchaser ;
(4) in any other case of sale of such produce, the purchaser shall be liable to pay the market fee and development cess to the Committee ;
Provided that no market fee or development cess shall be levied or collected on the retail sale of any specified agricultural produce where such sale is made to the consumer for his domestic consumption only ;
Provided further that notwithstanding anything contained in this Act, the Committee may at the option of, as the case may be, the commission agent, trader or purchaser, who has obtained the license, accept a lump sum in lieu of the amount of market fee or development cess that may be payable by him for an agricultural year in respect of such specified agricultural produce, for such period, or such terms and in such manner as the State Government may, by notified order specify ;
Provided also that [ * * *] no market fee or development cess shall be levied on transactions of sale of specified agricultural produce on which market fee or development cess has been levied in any market area if the trader furnishes in the form and manner prescribed, a declaration or certificate that on such specified agricultural produce market fee or development cess has already been levied in any other market area.
[(c) User charge shall be levied and collected by the market committee in consideration to the rendered material or services in the principal market yard/sub-market yard/market sub-yard, as prescribed by the state government.]
[(iii-a) realize interest calculated in the manner prescribed in the bye-laws [at the rate prescribed in the Uttar Pradesh Trade Tax Act, 1948 for the unpaid amount of Trade tax] on the unpaid amount of market fee from the date immediately following the period prescribed for payment of market fee in the bye-laws ;]
(iv) operate and utilize the Market Committee Fund for all or any of the purposes of this Act ;
[(v) raise from the State Government or the Board or, subject to previous sanction by the Board, from any other Committee or a recognized financial institution, moneys required for discharging its functions under this Act ;]
[(v-a) advance loans to the Board on such terms and conditions as may be mutually agreed upon between the Board and the Committee;
(v-b) advance loans to any other Committee subject to previous sanction of the Director on such terms and conditions as the Board may determine ; ]
(vi) employ, subject to the provisions of section 23, officers and servants of the Committee ;
(vii) appoint Sub-Committees, each consisting of two or more of its members, for exercising such powers, performing such duties and discharging such functions as may be assigned to them by the Committee ; and
(viii) exercise such other powers as may be prescribed.
[Explanation - For the purpose of clause (iii), unless the contrary is proved, any specified agricultural produce taken out or proposed to be taken out of a market area by or on behalf of a licensed trader shall be presumed to have been sold within such area and in such case, the price of such produce presumed to be sold shall be deemed to be such reasonable price as may be ascertained in the manner prescribed.]