33.  Power to cancel or suspend licences.-(1) Subject to the provisions of sub-section (4) a market committee may, for reasons to be recorded in writing, suspend or cancel a licence-- 

(a)        if the licence has been obtained through willful misrepresentation or fraud; or  

(b)        if the holder of the licence or any servant or any one acting on his behalf with his express or implied permission, commits a breach of any of the terms or conditions of the licence; or  

©         if  the holder of the licence in combination with other licence holders commits any act or abstains from carrying on his normal business  in the market area with the intention of  willfully obstructing , suspending or stopping  the marketing of notified  agricultural produce in the market yard/yards and in consequence whereof the marketing of any produce has been obstructed , suspended or stopped; 

(d)        if the holder of the licence have become an insolvent; 

(e)        if the holder of the licence incurs any disqualification as may be prescribed, or  

(f)         if  the holder of the licence is convicted of any offence under this Act. 

(2)  Subject to the provisions of sub-section (4) , the Chairman may, for reasons to be recorded in writing, suspend a licence for  a period not exceeding one month for any reason for which a market committee  may suspend a licence under sub-section (1): 

       Provided that such order shall cease to have effect on expiry of a period of ⁵[''ten days''] from the date on which it is made, unless confirmed by the market committee before such expiration.  

(3)  Notwithstanding anything contained  in sub-section (1) but subject to the provision of sub-section (4), the Director may, for reasons to be recorded in writing , by order suspend or cancel any licence granted or renewed by the market committee: 

      Provided that no order under this sub-section shall be made without notice to the market committee. 

(4) No licence shall be suspended or cancelled under this section without giving an opportunity to show cause against such suspension or cancellation. 

34. Appeal.- (1) Any person  aggrieved by an order of the Chairman market committee or the Director passed under ¹ [ Section 32 or section 33 as the case may be] prefer an appeal-- 

            (a)        to the market committee , where such order is passed by the Chairman;

            (b)        to the Director where such order is passed by the market committee; and

            ©         to the ² [ Commissioner] where such order is passed by the Director. 

(2)  An appeal under sub-section (1) shall be made- 

            (i) within seven days from the date of receipt of the order , where  such  appeal is against the order of the Chairman; and

            (ii) within thirty days from the date of receipt of the order where such appeal is against the order of the market committee or the Director; 

in such manner as may be prescribed ³ [xxx] 

(3)  The Appellate Authority may if it considers it necessary so to do, grant a stay of the order appealed against for such period as it may deem fit. 

(4) The order passed by the Chairman, the market committee and the Director shall, subject to the order in appeal under this section, be final and shall not be called in question in any court of law.  

35.  Prohibition of trade allowances other than those prescribed under this Act   (1)   No trade allowance, other than an allowance prescribed by or under this Act, shall be made or received by any person in any market area in any transaction in respect of the notified agricultural produce and no civil court, shall, in any suit or      proceeding arising  out of any such transaction, have regard to any trade allowance not so prescribed. 

   (2) The weight of a container shall be counter- balanced by the same type of container and no deduction in any form whatsoever shall be allowed for counter-balancing the weight of the container. 

36.  Sale of notified agricultural produce in markets.- ⁴ (1) All notified agricultural produce brought into the market proper for sale shall, subject to the provisions of sub-section (2), be sold in the market yard/yards specified for such produce or at such other place as provided  in the bye-laws.  

⁶["provided that it shall not be necessary to bring agricultural produce produced under contract farming, in the market yard and it shall be sold at any other place to the person agreed to purchase the same under agreement." ] 

(2)     Such notified agricultural produce as may be purchased  by the licensed traders from outside the market area in the course of commercial transaction may be brought and sold anywhere in market area in accordance with the provisions of the bye-laws. 

4.             Subs. by MP 9 of 2002 ( 3.5.2002)

5.             Subs. by M.P. 15 of 2003[28.4.03]. Page 474(6)

6.             Ins. by M.P. 15 of 2003[28.4.03]. Page 474(6)

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