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M/s R.D. Traders, Through Its Proprietor And Others Versus Haryana State Agricultural Marketing Board And Others

2015 (12) TMI 1039 - PUNJAB & HARYANA HIGH COURT

Denial of renewal of license - having two licenses - whether the respondents are entitled to reject an application for more than one licence under the provisions of the said Act - Held that:- Far from prohibiting the issuance of more than one licence, the Act contemplates the issuance of more than one licence to an applicant. Further, although the rule making power prima-facie entitles the respondents to impose conditions including restricting the number of licences that an applicant may be issu .....

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ed by Rule 24(12) and (14) of the Rules. If the licencees have failed to do so and thereby committed breaches of the conditions of the licences, the respondents have the power under Section 10(2) of the Act to cancel the licence or even to refuse to renew the same. The conduct of a party is not relevant in the interpretation of the statutory provisions.

There is nothing which prevents the respondents from introducing necessary amendments, even with retrospective effect, prohibiting th .....

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ranted. - Civil Writ Petition No. 5634 of 2015 (O&M) - Dated:- 4-12-2015 - S J Vazifdar, ACJ And Tejinder Singh Dhindsa, JJ. For the Appellant : Mr C B Goel, Adv For the Respondent : Mr J S Bedi, Adv ORDER Per S J Vazifdar, Acting Chief Justice Respondent No.2 is the Chief Administrator, Haryana State Agricultural Marketing Board. Respondent No.3 is the Market Committee through its Secretary and Executive Officer who passed the impugned orders. 2. The six petitioners have challenged the notices .....

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icence in the same name and that after 31.03.2013 the second category licence would not be renewed. 3. The question that falls for consideration is, therefore, whether the respondents are entitled to reject an application for more than one licence under the provisions of the said Act. 4. The circumstances leading to the impugned order are as follows:- A meeting was held between the officers of the Marketing Board and the officers of the Sales Tax/Excise & Taxation Department on 04.09.2013. T .....

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on of the transactions made and copies of J-form and L-form to the concerned officers and the Sales Tax Department of their area/district. It was also decided that the Secretary, Market Committee may be directed that the licences of categories (i) and (ii) for the processing units and the commission agents should not be issued on the same name of the same firm and that one of them should be issued in a different name. 5. The decisions taken at an informal meeting of the members of the Board and .....

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eting Board to all the Secretaries-cum- Executive Officers of the Market Committees in the State of Haryana. The circular alleges that the Market Committees especially in the Cotton Zone had issued licences under both categories in the same name and that the same was against the rules/provisions of the Act and against the interest of the farmers. The Secretaries were directed to ensure that two licences should not be issued in the same name. The circular stated that similar instructions were iss .....

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In this Act, unless the context otherwise requires,- (a) to (l)………………… (m) "Prescribed" means prescribed by Rules made under this Act; Section-8: Control of sale and purchase of agricultural produces- From the date of issue of notification under Section 6 or from such later date as may be specified therein, no person, unless exempted by rules made under this Act, shall, either for himself or on behalf of another person or the State Gover .....

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r for the entire State, on payment of such fee, as may be prescribed; Provided further that the licensee shall have to comply with the provisions of other Central and State Acts and obtain permission or licence etc. from the competent authority for carrying out national or international trade by way of import or export of any agricultural or horticultural produce or product.] ……………… Section 10. Applications for licenses, fees to be paid and cancellation .....

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on(1) of Section 6 fails to apply for a licence on or before the date specified therein for obtaining licence, the proper authority may, before a licence is issued, impose on him such penalty not exceeding one hundred rupees as may be prescribed.] (2) [The Chief Administrator or any other officer, authorized by him in writing in this behalf] may, on being satisfied that [the licence has been obtained through willful misrepresentation or fraud or] there has been a breach of any of the conditions .....

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in writing in this behalf] suspend a licence for a period not exceeding fifteen days; Provided further that no such order shall be made without giving the licensee an opportunity to show cause why such an order should not be made." xx xx xx xx Section 43. Power to make rules.-(1) The State Government may by notification make rules for carrying out the purposes of this Act. (2) In Particular and without prejudice to the generality of the foregoing power, such rules may provide forxx xx xx xx .....

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rous of obtaining a licence under section 10 of the Act shall apply in Form 'A' in duplicate to the [Chief Administrator of the Board or any other person authorised by him, in writing, in this behalf] through the Secretary of the Committee in whose jurisdiction he wishes to carry on his business and shall also deposit with the committee, the requisite licence fee in cash and the security in the form of post office saving bank account duly pledged in favour of the Chief Administrator of t .....

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rhtiya or other wholesale dealer for sale, purchase or storage of agricultural produce. Rs.60.00 ₹ 15.00 Rs.300.00 iii) [other dealers whose annual turn over of agricultural produce exceeds rupees **[sixty thousand] but does not exceeds rupees one lakh] Rs.20.00 ₹ 5.00 Rs.100.00 *Substituted for the word "Retailer" by Haryana Notification dated 26.3.1982. ** Substituted by Haryana Notification dated 13.8.1987. #Word "huller" deleted by Haryana Notification dated 2 .....

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p, establishing or continuing or allowing to be continued more than one place for the purchase, sale, storage and processing of agricultural produce in the same notified market area. (5) The Secretary of the Committee, or such other official as may be authorised by him to receive such application, shall on receipt of the application and the pass book in respect of security, ensure that the necessary licence fee and security have been deposited and shall, after verifying the correctness of the ac .....

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d therein. (7) A record of the licences issued under this rule shall be maintained by the Board as well as by the Committee in form C. (8) The security will be released three months after the date of the closure of the business, on production of the clearance certificate issued by the Secretary of the concerned committee. (9) A licensee may apply for the change of the category of the licence at any time by paying the respective licence fee and security for the licence of the changed category.&qu .....

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n Form 1, and deliver the same to the buyer on the same day or the following day, mentioning sale proceeds plus market charges admissible under rules and bye-laws. The counterfoil shall be retained by the Kachcha Arhitya; Provided that nothing in this sub-rule shall apply where agricultural produce, being vegetable or fruit, not exceeding one quintal in weight is delivered. (13) xx xx xx xx (14) Delivery of agricultural produce after sale, shall not be made or taken unless and until the Katcha A .....

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nce with the provisions of the Act, Rules and bye-laws and the conditions specified in the licence. Section 8 does not prohibit a party for applying of more than one licence. The petitioners admittedly hold licences under both the categories, namely, (i) and (ii). Neither of the licences issued to the petitioners contain a condition prohibiting them from applying for another licence. 10. Section 2(m) defines the word 'prescribed' to mean prescribed by the rules made under this Act. Secti .....

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he issuance of two licences or which insists upon two licences being issued in different names. 11. Infact, Rule 17 clearly contemplates the issuance of more than one licence. For instance, sub rule (4) of Rule 17 refers to a person requiring "a separate license for setting up, establishing or continuing or allowing to be continued more than one place inter-alia for the purchase, sale, storage and processing of agricultural produce in the same notified market area. It is clear beyond doubt, .....

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the producer would arise only where a person is entitled to act as an agent for sale of the agricultural produce by the producer and for the purchase thereof either for himself or on behalf of another person. 13. Thus far from prohibiting the issuance of more than one licence, the Act contemplates the issuance of more than one licence to an applicant. Further, although the rule making power prima-facie entitles the respondents to impose conditions including restricting the number of licences tha .....

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he licencee. Mr. Bedi attempted to establish that the petitioners in the present case have failed and neglected to make appropriate declarations and to furnish the requisite information as required by Rule 24(12) and (14) of the Rules. If the licencees have failed to do so and thereby committed breaches of the conditions of the licences, the respondents have the power under Section 10(2) of the Act to cancel the licence or even to refuse to renew the same. The conduct of a party is not relevant .....

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