(5)
?Current Value? means the value?? for which the Market Committee has already
allotted a site.
(6)
?Department? means the Department of Agricultural
Marketing.
(7)
?Form? means a form appended to these rules.
(8)
?Licensed market functionary? means a person holding
license as a commission agent, trader, broker, importer, ginner, presser,
crusher, stockist, warehousemen, exporter.
(9)
?Service institutions? include Postal Department, Telecom
Department, Police Department, Fire Service, Bank and Hospital or veterinary
hospital or other public offices as may be specified by the State Government
from time to time.
Rule ? 3. Offer of Sites etc., for allotment on lease-cum-sale basis:-
(1)
The Market Committee
may subject to these rules and the general or special orders of the State Government offer for allotment of sites, shops, godowns or
shop-cum-godowns in the market yard on lease-cum-sale basis.
(2)
Due publicity shall be given in respect of such allotment
specifying the location, number of sites, godowns, shop-cum- godowns, if any,
last date for submission of application and such other particulars by affixing
a notice to the notice board of the office of the market committee and by
publication in not less than two Kannada newspapers widely circulated in the
market area.
(3)
Whenever the Market Committee calls for applications in
respect of allotment of sites, godowns, shops or shop-cum- godowns on
lease-cum-sale basis, any licensed market functionary who is registered under
rule 6 may apply to the market committee in Form III along with any initial
deposit which shall not be less than twenty five percent Of the value of the
site, godown, shop or shop-cum-godown as the case may be.
(4)
If any applicant registered with the market committee
fails to get the allotment of a site, godown, shop or shop-cum-godown on
lease-cum-sale basis, the registration so made shall be valid for the
subsequent allotments also unless the applicant withdraws the registration by
surrendering registration certificate.
(5)
The market committee having regard to the provisions of
rules 4,5,7 and 8 may allot a site, shop, godown or shop-cum godown on
lease-cum-sale basis.
Rule ? 4. Determination of value of site etc.,
(1)
The Market Committee shall get a valuation certificate of
the site, shop, godown or
shop-cum-godown to be allotted on lease-cum-
sale basis from the concerned
Assistant Executive Engineer
(Market Development Project) of the Department who shall give certificate having regard to the provisions of sub-rule (2). The Market Committee for valid reasons to be
recorded in writing may enhance the
value so fixed by the Assistant Executive Engineer. The value so fixed by the Assistant
Executive Engineer or enhanced by the Market Committee shall be subject
to the approval of the Director, Agricultural Marketing who may give approval
with such modifications after recording reasons.
(2)
While determining the value of the site, shop, godown or
shop- cum-godown to be allotted on lease-cum-sale basis, the following factors
shall be considered:-
i.
The amount spent on acquisition of land including higher compensation paid and interest
at the? rate of five percent
per annum from the date of acquisition;
ii.
The amount spent on providing basic infrastructure
facilities in the market yard like roads, drains, culverts, electrification,
water supply, compound wall/ fencing, auction platform, bank, post office
building, Shramik Bhavan, Raitha Bhavan, Samudaya Bhavan, office building,
guest house, drying platform, check post, weigh bridge, veterinary hospital,
canteen building etc. and: interest on such amount calculated at the rate of
five percent per annum from the year of expenditure.
iii.
In case of shop, shop-cum-godown or godown, the cost of
construction of the shop, shop-cum-godown or godown shall also be included in
addition to the amount mentioned in the above clauses.
iv.
Depreciation of the building shall be calculated as per
the Public Works Department Code.
Rule ? 5. Criteria for fixing the value of site:-
(1)
For the purpose
of determining the value of a site, the Agricultural Produce Market Committees are
classified based on market fee
collected in the proceeding financial year and the minimum guidance value for allotment under Rule 3 as shown in the Annexure.
(2)
While approving the value under rule 4, the Director of
Agricultural Marketing shall consider the highest value among the following,
namely:-
i.
The current value for site;
ii.
The minimum guidance value for site, as shown in the
Annexure.
iii.
The value determined under rule 4.
Rule ? 6. Registration:-
(1)
Every licensed market functionary desirous
of applying for allotment of a site, shop, godown or shop-cum-godown on lease-cum-sale
basis or as the case may be, leave and license
basis shall apply for registration to the Market Committee in Form-1 along with a
non-refundable ?registration fee
specified in the annexure.
(2)
On receipt of the application for registration, the
Secretary of the Market Committee shall scrutinize the same and if? the contents of the application are found to
be correct, he shall register the name of the applicant and issue an
acknowledgement in Form II.
(3)
A separate register shall be maintained in the office of
the Market Committee for this purpose and the applications shall be entered in
it in chronological order on the basis of dates of receipts and the serial
number shall be the registration number unless otherwise the application is not
accepted on the grounds which shall be communicated to the applicant in
writing.
Rule ? 7. Eligibility:-
(1)
No site, shop, godown or shop-cum-godown, in the market yard shall be allotted
either on lease-cum-sale basis or leave and license
basis to a person or an institution or organization who is not a licensed
market functionary and who is a defaulter
in payment of any dues either to the Seller or to the
Market Committee and not engaged
either in the marketing of notified agricultural produce or the allied activities connected with Agriculture, Horticulture or Animal Husbandry except
the State or Central Warehousing Corporation, Service institutions, registered associations of market functionaries or Banks or for establishing only STD booths or for construction of common
amenities for the market users.
(2)
Allotment under these rules shall not be made to a
licensed market functionary who already owns a site, shop, godown or
shop-cum-godown or other building in the market yard either in his name or in
the name of the firm in which he is a partner.
Rule ? 8. Principles for selection of applicant for allotment:-
(1)
The Market Committee
shall in case of allotment?
of? a site, shop, godown,
or shop-cum-godown under rule 3 or
13 consider the case
of? each applicant on merits and shall consider the following principles in making selection
for allotment under rule 3 or 13, namely:-
(i)
The status of the applicant i.e., whether an individual, Joint family or a Partnership firm.
(ii)
The number of years the licensed
market functionary has been
waiting for the allotment and his
inability to get in spite of being eligible in his previous attempts.
(iii)
The total market fee paid
during the previous three years and the average
market fee paid in year.
(2)
At the time of making allotment, if sufficient numbers of applications
are not received from the licensed market functionaries, the Market Committee
may relax the above conditions with the previous approval of the Director of
Agricultural Marketing.
(3)
The Secretary of the Market Committee shall make a list of
applicants and shall within seven days from the last date specified for receipt
of applications, cause to publish such list on the notice board of the Market
Committee.
(4)
A Seniority list of the applicants shall be prepared in
Form IX consisting of the names of?
applicants, attempts they made for allotment, three years average market
fee paid by them and the following criteria shall be considered for preparing
the list and the highest points secured by the applicants shall be the order of
seniority.
i.
Each continuous completed
year of license shall be considered as two points.
ii.
Each attempt made by the applicant for allotment shall be
considered as two points.
iii.
Each unit of one thousand rupees of average market fee
paid by the applicant shall be considered as one point and the fraction of less
than one thousand rupees shall be ignored for computation of points.
Rule ? 9.? Allotment of corner site:-
(1)
Notwithstanding anything contained in rule 3 but subject
to rules 4 and 5 and sub rule
(1) of rule 7 corner site in the market yard shall be allowed through public auction on lease-cum-sale basis to any licensed markets
functionary. The procedure specified in sub-rules (1) and (2) of rule 3 shall apply mutatis mutandis for such allotment.
(2)
Any person desirous of making an application under this
rule shall make an application I Form-III along with an initial deposit which
shall not be less than twenty five percent of the value of the site.
(3)
The highest bidder shall remit twenty five percent of the
bid amount quoted by him after deducting the initial deposit already made
within one week from the date of auction failing which the initial deposit made
by highest bidder shall be forfeited and the second highest bidder will be
given a chance for payment of such amount. In case the second highest bidder
also fails to pay the amount the market committee shall hold re-auction.
Rule ? 10. Conditions of allotment of site, shop, godown or shop-cum- godown on Lease-cum-Sale:-
(1)
Allotment of a site, including a corner site, godown, shop or shop-cum-godown made
by the market committee on lease-cum-sale shall be subject
to the approval of the Director of Agricultural
marketing and shall also be subject to the following conditions namely:-
(i)
The
allottee shall pay to the Market Committee the balance? amount of the value of the site, godown, shop
or shop-cum-godown after deducting the amount already paid under sub-rule (3)
of rule 3 within a period of 90 days from the date of receipt of order of
allotment. If the said value is not paid within a period of 90 days, further
extension of time for a period not exceeding 60 days may be given by the market
committee and the allottee shall pay, in addition,
interest at the rate? of twelve?
percent per annum on the said amount for the extended period.
(ii)
After
payment of the value under clause(i) is made, the Market Committee shall call
upon the allottee in writing to execute an agreement in Form IV in case of site
and in Form? V? in case?
of shop or shop-cum-godown or godown and get it registered. If the
agreement is not executed within 45 days after the market committee has called
upon the allottee to execute? such
agreement, the registration fee paid by the allottee shall be forfeited and the
allotment be cancelled and the amount paid by the allottee under sub-rule(3) of
rule 3, after deducting such expenditure that might have been incurred by the
Market Committee, be refunded to him.
(iii)
Until
the site, godown, shop or shop-cum-godown is conveyed to the allottee, the
amount paid by the allottee for such allotment shall be held by the Market
Committee as security deposit (without any interest thereon) for the due
performance of the terms and conditions of the allotment and the lease-cum-sale
agreement entered into between the Market Committee and the allottee.
(iv)
In
case of allotment of site, the allottee?
shall construct a godown or shop or shop-cum-godown within a period of
one year or within such extended period, not exceeding One year as may be
granted by the Market Committee.
(v)
Every
allottee shall not alienate the site, godown or shop or shop- cum-godown on the
site in accordance with the plans and designs approved by the Market Committee.
(vi)
The
allottee shall not alienate the site, godown or shop or shop- cum-godown within
a period of ten years from the date of allotment except by way of mortgage in
favour of Government of India, Government of Karnataka or its undertakings,
Life Insurance Corporation of India, Corporate bodies or Banks to secure loan,
subject to the prior permission of and terms and conditions imposed by the
Market Committee.
(vii)
On
the expiry of the period of ten years from the date of execution of
lease-cum-sale agreement and if the allotment has not been cancelled or the lease
is not determined, the Market Committee shall by notice, call upon the allottee
to get the sale deed executed at his own cost within the time specified in the
said notice.
(viii)
With
effect from the date of taking possession of the allotted property, the allottee
shall be liable to pay the taxes, fees and cesses payable in respect of the
property.
(ix)
Where
allotment is made in favour of a partnership firm, any change in the
constitution of the firm shall be brought to the notice of the Market
Committee. If the Market Committee, after such enquiry as it deems fit, decides
that the change in the constitution of the firm results in transfer of shop or
godown or shop-cum-godown or any interest?
there? in? by all or any?
one? of the? partners no such transfer shall take place
without complying with rule 12.
Explanation: For the
purpose of this clause and sub-rule (3) of rule 16, there is a change
in the constitution of the firm if, one or more of the partners
cease to be partners or one or
more new partners are admitted,
in such circumstances that the persons who were partners of the firm before the change do not continue
as partner or partners after the change.
Rule ? 11. Allottee shall be deemed to be a lessee:-
If a site including a corner site or godown or shop or
shop-cum-godown is allotted under these rules on lease cum sale basis such allottee shall be deemed to be a
lessee of such site shop, godown or shop-cum-godown until, the lease is determined or site, shop, godown or
shop-cum-godown conveyed in the name
of the allottee. During the period of lease, allottee shall pay to the market committee before commencement
of each year rent at the rate of rupees ten per year.
Rule ? 12. Restriction on transfer:-
(1)
Where any allottee
of a godown or shop or shop-cum-godown after it was conveyed to him under rule 10 or a transferee
of such allottee or an allottee of a site after it was conveyed to him under rule 10 on which godown or shop
or shop-cum-godown is built, is
unable to carry on the marketing activity for any reason, he may, if the period of ten years specified in clause
(vi) of sub-rule(1) of rule 10 has expired,
make an application to the market committee along with a transfer fee specified in the Annexure and the
Market Committee after ascertaining whether
the applicant owes any dues to the market committee, sellers and other licensed market functionaries may,
with the prior approval of the Director
of Agricultural Marketing, permit transfer of such godown, shop or shop-cum-godown in whole or in part only
in favour of a licensed market functionary, who does not own a site, godown or shop or shop-cum-
godown.
Provided that where any application seeking
permission for such transfer made prior to the commencement of the Karnataka Agricultural Produce Marketing
(Regulation of Allotment
of Property in Market Yards) Rules, 2004 is pending, such
application shall be? deemed to be an application made under this sub-rule
and shall be disposed off in accordance with this sub-rule.
(2)
Where any market functionary who has been allotted a shop
or godown, shop-cum-godown or other building on leave and license basis under
rule 13 is continued in occupation of the same for a minimum period of 55
months and requests to convert the said leave ?and license in to lease-cum-sale basis may be
considered with prior approval of the Director of Agricultural Marketing and
the value of the site, shop, godown or shop-cum-godown shall be determined by
taking into consideration the following factors namely,-
(i)
site value at 40% of the guidance value determined under the Karnataka Stamp Act 957, and rules made thereby under or the value of the site approved by the Director of Agricultural Marketing under rule 5, whichever
is higher.
(ii)
The building value to be fixed by the Engineering Cell of
the department after considering the depreciation of the building.
(iii)
Any other expenditure incurred by the market committee on
the site or building.
Rule ? 13. Allotment of shop, shop-cum-godown or godown on leave an license basis:-
(1)
Not withstanding any thing contained
in rule 3, the market committee may, offer shop, shop-cum-godown or godown in a market yard for allotment
on leave and license basis.
(2)
Due publicity shall be given in respect of such allotment
specifying the location, number of shop; shop-cum-godown, if any, last date for
submission of application and such other particulars by affixing a notice to
the notice board of the office of the Market Committee and by publication in
not less than two Kannada news paper widely circulated in the market area.
(3)
Whenever the market committee calls for an application for
allotment under sub-rule (1) any licensed market functionary who is registered
under rule 6 may apply to the market committee in Form-III along with an
earnest money deposit equal to two months leave and license fee or rupees five
thousand which ever is more.
(4)
If any applicant registered with the market committee
fails to get the allotment of a shop, shop-cum-godown or godown as the case may
be under this rule the registration so made shall be valid for the subsequent
allotments also unless the applicant withdraws the registration by surrendering
registration certificate.
(5)
Subject to the general or special order of the Director of
Agricultural Marketing, a market committee may after obtaining a certificate
from the Assistant Executive Engineer (Market Development Project) of the
department regarding license fee payable, fix the minimum license fee for
allotment of shop, shop-cum-godown or godown under this rule. The Assistant
Executive Engineer shall fix the license fee having regard to the capital cost
of the building.
(6)
The market committee may having regard to the provisions
of rules 7 and 8 allot shop, shop-cum-godown or godown to any applicant on
leave and license basis.
(7)
The initial allotment under this rule shall be for a
period of 11 months which may be renewed by the market committee for every 11
months subject to a maximum of 55 months.
Rule ? 14. Allotment of weigh bridges, etc.,:-
(1)
Market committee may allot weigh bridges, sundry shops, canteen and tea stalls on leave and
license basis through tender-cum-auction.
(2)
A market committee may subject to provisions of these
rules allot weigh bridges, sundry shops, canteen and tea stalls in the market
yard on leave and license basis through tender-cum-auction.
(3)
Due publicity shall be given in respect of such allotment
specifying its location, number of property, if any last date for making
application and such other particulars by affixing a notice to the notice board
of the office of the market committee and by publication in not less than two
Kannada news papers widely circulated in the market area.
(4)
Any person who is desirous of making an application for
allotment under this rule shall make an application in Form VI to the market
committee along with an earnest money deposit equal to two months minimum
license fee or rupees five thousand whichever is more.
(5)
The highest bidder shall remit twenty-five percent of the
bid amount quoted by him after deducting the earnest money already deposited
within three days from the date of auction failing which the EMD shall be? forfeited and the second highest bidder will
be given a chance for payment of such amount. In case the second highest bidder
also fails to pay the amount the market committee shall hold re-auction.
(6)
The initial allotment shall be for a period of 11 months
which may be renewed by the market committee for every 11 months subject to a
maximum of 55 months.
Rule ? 15. Fixation of? license fee:-
Subject to the general or
special order of the Director of
Agricultural Marketing the Market Committee may, after obtaining a certificate form the Assistant
Executive Engineer (Market
Development Project) of the Department regarding the license fee
payable, fix the minimum license
fee of allotment of any weigh bridges,
sundry shops, canteen or tea stall belonging
to it.
Rule ? 16. Conditions of allotment on leave and license basis:-
The allotment of shop, godown,
shop-cum-godown, weigh bridges, sundry shops, tea stall and canteen on leave and licence basis under rules 13 and 14
shall be subject to the following conditions, namely:-
(1)
The allottee shall within a period of fifteen days from
the date of receipt of allotment
order deposit with the market
committee an amount equivalent to ten months licence fee payable after deducting the earnest money already deposited.
(2)
After allottee makes payment as required under rule
13? or 14 and clause (1), the market
committee may call upon him to execute an agreement in form VII or VIII as may
be appropriate.
(3)
Where allotment is made in favour of a partnership firm
any change in the constitution of the firm shall be brought to the notice of
the Market Committee. I the Market Committee, after such enquiry as it deems
fit, decides that the change in the constitution of the firm amounts to
assignment of licence such licence shall be liable to cancelled.
(4)
The licence fee shall be liable to be enhanced at the? rate of five percent of the licence fee once
in 33 months.
(5)
All the initial allotments made by the market committee
shall be subject to the approval of the Director of Agricultural Marketing or
such officer as may be authorized by him
(6)
No leave and licence under these rules shall be renewed:
(i)
If the licensee
has failed to pay the dues to the market
committee; or
(ii)
If the licensee has failed to comply with the terms and
conditions of the agreement.
Rule ? 17. Reservation of Site etc:-
Out of the sites, shops, shop-cum-
godown or godowns
to be allotted by the market committee, such number as may be specified by the State Government from time to time shall be reserved
in each category for allotment in favour of persons belonging
to the scheduled caste and scheduled tribes.
Rule ? 18. Death of applicant:-
(1)
If the applicant dies before the allotment, his legal heirs at their option shall be entitled either to get refund of the deposit or allotment under these rules if they fulfill the requisite criteria.
(2)
If the applicant dies after the allotment, his legal heirs
at their option shall be entitled either to get refund of the amount paid
towards allotment or for getting the agreement executed in accordance with? these rules provided they fulfill the
requisite criteria.
(3)
If the legal heirs choose to get refund of the amount, the
Market Committee shall refund the amount without any interest and it may make
re-allotment subject to these rules.
Rule ? 19. Voluntary surrender:-
An allottee may at any time after allotment
surrender the allotted
property to the market committee. On such surrender, the Market Committee
shall refund the amount
paid? by?
the allottee without
any interest in respect of the said allotment.
Rule ? 20. Penal Fee etc:-
(1)
If the allottee of site, shop, godown or shop- cum-godown on lease-cum-sale basis violates
any of these rules or the terms of the agreement, the Market
Committee may cancel the allotment and
determine the lease in accordance with these rules or the terms of the agreement before expiry of the lease
period and forfeit the deposit amount and
the property and any structure that may have been built on the site without
giving any compensation.
Provided that no decision
or order shall be made unless
the? person likely to be affected thereby
is given an opportunity of being heard.
Provided further
that before passing
any order of forfeiture under sub-rule (1) an opportunity shall be given to the? allottee a show-cause notice why the payment should not be forfeited.
(2)
If the allottee under rule 13 or 14 fails to pay leave and
licence fee for any month before tenth day of the succeeding month, a penal fee
at the rate of ten percent of the licence fee payable for that month shall be
levied and collected from the allottee.
Rule ? 21. Misrepresentation or suppression of facts:-
If the applicant seeking allotment under rule 3,
9, 13 or 14 furnishes false information
or supresses any material
fact, the application for? allotment? shall be?
rejected and any allotment if made cancelled
summarily, and the site, shop, shop- cum-godown or godown, weigh bridges, tea stalls, sundry shop or other building
shall be resumed
to the Market Committee. Rejection
or cancellation under these circumstances shall render the applicant ineligible for allotment
in future also. All the amount paid by such applicant shall be forfeited. The applicant shall also be liable for criminal prosecution .
Provided that no decision
or order shall be made unless the? person
likely to be affected thereby is given an opportunity of being heard.
Rule ? 22. Restrictions on misuse, additions and alterations:-
The buildings constructed either by the licensed market
functionary or by the Market Committee in the market
yard shall not be used for any purpose other than for marketing of notified
agricultural produces. The allottee shall not
be entitled to sub-divide any site or any building allotted or
amalgamate it with any other building
unit or site or to make any structural additions or alterations without the prior written
permission of the Market Committee.
Rule ? 23. Revision:-
(1)
The Government may suo moto or otherwise call for the record of any decision,
order or proceeding of the Market Committee under these rules for satisfying itself as to the legality or
propriety of such decision, order or proceedings.
(2)
If, in any case, it appears to the Government that any
decision, order or proceeding so called for should be modified, annulled or
reversed, it may pass such order as he may deem fit.
Provided that no decision
or order shall be modified,
annulled or reversed
unless the person likely to be affected
thereby is given an opportunity of being heard.
Rule ? 24. Allotment of sites to Co-operative Societies etc:-
Notwithstanding anything
contained in these rules the Market Committee
may allot sites, shops, godown,
shop-cum-godown or sundry shop on lease-cum-sale
basis or leave and licence basis to a Co-operative Society which deals in notified agricultural
produces and which is also? a? licensee in
the Market area or a warehousing Corporation or any service institution on such rent or fee and subject to such
conditions as may be specified by the Committee.
NOTIFICATION NO.CD 58 MRE 2002 Dated:23/10/2003
ANNEXURE
(See rule-5)
|
Category
|
Market fee
|
Minimum Guidance
|
Registration
|
Transfer Fee
|
|
Collected
|
Value (in Rs.)
|
Fee
|
|
(Rs. In
|
Main
|
Sub
|
(in Rs.)
|
|
lakhs)
|
Market
|
Market
|
|
|
|
Yard
|
Yard
|
|
|
(1)
|
Below 10
|
20
|
10
|
100
|
5000
|
|
(2)
|
Above 10
|
30
|
15
|
250
|
10000
|
|
but????? below 25
|
|
(3)
|
Above 25
|
40
|
20
|
500
|
15000
|
|
but????? below 50
|
|
(4)
|
Above 50
|
50
|
25
|
1000
|
20000
|
|
but below
|
|
100
|
|
(5)
|
Above 100
|
60
|
30
|
1500
|
25000
|
|
but below
|
|
250
|
|
(6)
|
Above 250
|
70
|
35
|
2000
|
30000
|
|
but below
|
|
500
|
|
(7)
|
Above 500
|
80
|
40
|
2500
|
35000
|
FROM
NO. I
(See rule 6(i))
To
The Secretary,
Agricultural Produce
Market Committee,
.....................................................
APPLICATION FOR REGISTRATION:-
|
(1). Name of the applicant, in case of the Firm
|
|
|
or Company, The details
|
|
(2). (a) Details of license
|
? Commission Agent
|
|
|
? Trader
|
|
|
? Processor
|
|
(b) Licence
Code No.
|
? Others
|
|
(3). In case of the Firm Etc..,? Name? of the
|
|
|
person ?Authorized ?to ?Sign(in
?block
letters)
|
|
with ?Residential ?Address ?&
?Phone
No.
|
|
(4) Address With Telephone No. Of the
Firm &
|
|
|
Residence
|
|
(5) Details of Registration fee
|
|
|
a) Amount
|
|
b)DD/ Cheque
/PO No.
|
|
|
c)Date
|
|
|
d) Name of the Bank
|
|
Note: Enclose
one copy of the Photo of the Person representing the Firm or company etc.
Place:????????????????????????????????????????????????????? Signature of the person authorized to
sign
Date:?????????????????????????????????????????????????????????????????? (licensed Market
Functionary)
.........................................................................................................................
.............................
FOR OFFICE USE ONLY
Received
the application for registration for allotment
of
site/building/godown on lease-cum-sale basis
?on................... ?(Date) along with DD/Cheque/PO for Rs................................
|
Registration no.
|
|
SECRETARY
|
FORM NO II
(See rule 6(2))
ACKNOWLEDGEMENT
Received?????????????????????????????????????????? the applicant form.........................................................................................
..............................................................................................................................
......................
Your name is registered at No..........................................of the Registration Register.
Place:
Date:
SECRETARY
FORM NO: III
(See rule 3(3),(9) and (13)
?
APPLICATION FOR ALLOTMENT
AGRICULTURAL PRODUCE
MARKET COMMITTEE
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(1)
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Name of the applicant
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(1-a)
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In ?case ?of ?the
?Firm
?etc..,
?name
?of
?the
?person
representing the firm
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(2)
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Name of the Firm/Company with full address,
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Telephone/Telex/Fax Nos.
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(3)
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If it is partnership firm, Enclose a copy of Partnership Deed.
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(4)
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If the applicant is a licensed Market functionary of this
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Agricultural Produce Market
Committee. Mention
category
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and the details
of license and enclose a copy of the
license.
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(5)
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In case applicant is trader/commission agent,
the
turnover of
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notified agricultural produces; market fee remitted
during the
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last 3 years
be furnished
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(6)
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The address of the premises for which license
was granted.
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(7)
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K.S.T/C.S.T. No.
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(8)
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Whether the applicant is an assesses
under the Commercial
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Tax Act.(Details to be furnished)
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(9)
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Whether the applicant is an assesses
under the Income Tax
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Act.(Details ?of ?Permanent ?A/C ?No.
?etc,.
?to
?be
furnished)
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(10)
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If??? the??? applicant??? has??? not????? been allotted
site/shop/godown/shop-
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cum-godown whether he has furnished affidavit to
that effect.
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(11)
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Whether partner of the applicant have also applied for
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allotment of site in response to this notification. If
so, furnish
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the details.
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(12)
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Whether?? applications?? for??? a??????????????? site/shop-cum-
godown/Godown
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& the number
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(13)
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Registration No.
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(14)
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Application No.
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(15)
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Details of Previous Applications if any
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(16)
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Details??? of?? Deposits?? made????????????? along????????????? with???? the application
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(17)
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Any other
information.
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AFFIDAVIT
I sir.............................................................do
hereby declare that??????? the particulars furnished in the application are true to the best of my knowledge
and belief. I agree that in case any of the information provided above is fund false, my application will be rejected.
Place:
?????????????????????????????????????????????????????????????????????? Signature
of the
Applicant
Date:?????????????????????????????????????????????????????????????????? Name:
Seal
FORM NO.IV
(See rule. 10(ii))
LEASE-CUM-SALE AGREEMENT
This agreement made on.......................(in words) between...........s/o.....................aged..............a
licenced.......carrying on business in????????? notified
agricultural produce in the market area of A.P.M.C......................residing at.......................(herein???? after called
the ALLOTTEE which term shall unless repugnant
to the context or meaning
thereof include his successors in office and assigns)of the one part and the Agricultural Produce
Market Committee........................a body
formed and constituted under Karnataka??????? Agricultural?? Produce Marketing(Regulation)Act,1966(Karnataka Act 27 of 1966) read with the rules???? farmed under that? act, with its office at..............................(hereinafter
called ?THE COMMITTEE? which expression shall unless repungnant to the context
or meaning? there of includes
its successors in office and assigns) represented by its secretary
Sri.....................S/o .............................. age............................. R/o????.. and
its ChairmanSri....................................... .S/o.......................................
age.................................... ?R/o of the other part.
Where as the Committee
is the owner of the site described
in schedule to this agreement
and whereas the allottee is carrying on busness in notified agricultural produce as a....................................and has approached the committee to provide a site in the market
yard for his trade as licensed trader/commission agent/importer/exporter etc,.
1)
the allottee shall be a licensed market functionary and?
he? shall renew the same license granted by market committee from time to time as required
under provision of K.A.M.P.(R) Act, 1966, Rules,
1968 and bye ? laws of the market committee made there under for dealing in notified
commodities.
2)
The site allotted in favor of the allottee is impartial
(non divisible) under any or all circumstances and as such remains always
intact. The allottee shall hereby undertake to commences and complete the
construction of shop/shop-cum-godown on the site before the time prescribed
hereinafter as per designs approved by the market committee.
3)
The allottee shall apply as? early?
as? possible? within 1 month? from the date of this agreement to the
A.P.M.C to obtain sanctioned plan and licence for? construction of the building on the site, and
shall complete the construction within 1 year from the date of agreement or
within the period extended by the committee.
4)
On Non-compliance with any of the clause from No. 1 to 3
above in its entirety or partially, the allotment of site to the allottee? shall stand automatically cancelled and
consequently the possession? of the site
along with incomplete building shall also stand delivered to the market
committee without any formalities in that behalf and without any consent of the
defaulter allottee. The amount already paid to the market committee towards the
cost of the site by the allottee shall also stand forfeited in favour of the
market committee.
5)
On occurrence of such cancellation, the market committee
shall be at libery to etain the site along with unfinished building for its own
use, or allot the same for use of any other licensed? market functionary or dispose off the same in
any other manner in its absolute discretion for any consideration as the market
committee considers reasonable. Re-entrty effected upon the site is allotted by
the market committee for his use as the case may be, shall not be construed as
trespass committed by the concerned persons.
6)
Further, on such cancellation of the allotment of site o
site along with unfinished building if any, the market committee may at its
dicretion refund to the defaulter aloottee, a sum not exceeding. 3/4th of the
net proceeds realized by the market committee as mentioned in the proceeding
clause arrived at after deducting cost of site forfeited under clause 4 above
and all expenses incurred in connection therewith.
7)
When the cancellation of the site etc., as enumerated in
clasue No.4 occurred on failure of the allottee to be a licensed market
functionary of the market committee possession of the site along with the
construction put up thereon back to the market committee may be restored back
to him at the discretion of the market committee. If be becomes the Licensee of
the market committee within one year from the date of intimation of such
cancellation of the site etc.
8)
The allottee may be permitted by the market committee for
valid reasons to alienate the site or site with building put up thereon if any,
in favour of Bank or any Financial Institution to raise loans required for only
putting up building or its extension but not for any other purposes.
9)
The? site? or site?
with building if any thereon, shall not be? transferred or sold within 10 (TEN) years
from the date of execution of this agreement.
10)
If after the site to the allottee he wants to transfer the
same he shall pay to the Market Committee fee prescribed by K.A.P.M.(R)
(Regulation of Allotment of Property in Market Yards) Rules, 2004 along with
his application seeking permission to transfer or sell the site with building
put up thereon, to any other licensed market functionary and The market
committee may at its discretion for valid reasons and under exceptional
circumstances permit the allottee to transfer or sell away the site along with
the building constructed thereon, to another licensed market functionary of the
market committee after paying all the building loans and other dues of the
Market Committee, Bank and other Institutions.
11)
The allottee shall not use the site and/or? the?
building? put up thereon for any
other purpose except for wholesale business in notified commodities or
commodity specified by the Market Committee from time to time.
12)
The allottee shall, without any plea, render due
compliance with and abide by, all conditions and standing orders that the
Market Committee may impose from time to time in the public interest in respect
of holding, grant, use and/or upkeep, of the site and or building put up
thereon and also in the interest of maintenance of discipline and sanitary
conditions in the Market Yard.
13)
The allottee shall agree hereby that the Market Committee
has full liberty, right and authority to take suitable action against him at
its discretion, if he fails to comply with, or abide by, any of the? conditions?
and standing orders etc., as mentioned herein.
14)
In case the allottee is a firm, the executants shall be
authorized? by the partners of the firm
beforehand to execute and sign this agreement on behalf of the said firm in
favour of the Market Committee to bind the firm.
15)
The Business or Trade to be done by the allottee in
Schedule property will be confined and restricted to notified Agricultural
Commodities. In case the allottee commits the breach of this term in the
agreement, the committee shall have the right to issue? him notice and direct him to carry on trade
in notified Agricultural Commodities only and in default thereof the committee
shall be entitled to exercise the right to take over the building and the site
and to allot any other licensed market functionary and? in?
such event the allottee is entitled to be paid only the amount paid to
the site and not any other compensation.
16)
The allottee shall not make any alteration or additions to
the premises either externally or internally without ob training written
permission of the committee.
17)
On the expiry of the ten years period mentioned in this
agreement. If the lessee has performed all the conditions mentioned in this
agreement and has committed no breach thereof the committee shall, at the end
of the said period of ten years sell the site to the lessee and all attendant
expenses in connection with such sales such as, stamp duty, registration
charges etc, shall be borne by the lessee.
18)
The allottee will be liable for all damages caused to the
building which amount will be recovered from him by the Committee as part of
capital investment. The committee has the right to recover all costs of repairs
as part of capital investment.
19)
The Chairman or Secretary or any authorized person of the
committee will have the right of entry to the premises for discovery,
inspection as to the condition and use of the building. In case of any dispute
or claim arising under this agreement or in consequence thereof, it is agreed
between the parties that such dispute or claim shall be diced as 'Sole Arbitrator'
by the Director of Agricultural Marketing of the State of Karnataka Functioning
as such on the? day and? the decision of the Sole Arbitrator on such
dispute, functioning as per provisions of the Indian Arbitration Act, shall be
final and binding on the parties.
SCHEDULE
A site situated in market yard ?????????.. under...................................................................... Tehsil
measuring
??????????????.?? ??????????. ?Feet/meters in the
????????. Bonded
as follows:
North by
East
by
South by
West
by
ALLOTTEE
Witnesses:
(1)
(2)
Signed and delivered by The said allottee in the Presence of
Secretary
Chairman
APMC????.. APMC ??????..
FORM NO (V)
LEASE-CUM-SALE AGREEMENT
(See rule 10)
This lease agreement executed
on this day of ????? by the Agricultural Produce
Market Committee....................... herein after called the 'LESSOR', which expression
shall
wherever the context so requires shall include each of its successors, assigns on the one part, represented by Sri??????s/o Sri................................................................. , the Secretary
and Sri................. s/o
Sri?..................... Chairman (or Administrator) of the Agricultural Produce Market
Committee and?
a? proprietor? ship:?
registered? partnership? firm?
by? name M/s. represented by its proprietor: Managing
Partner
Sri?????..son of Sri???????aged about........................................................................ years residing
at........................ hereinafter called the 'LESSEE' on the other as under:-
1. That the lessor is the owner of the shop/shop-cumgodown/goddown bearing
No?????situated inthe market yard and more fully described in the schedule
hereunder.
2.
Whereas the lessee who is the
market? functionary and licence holder
from the lessor, has applied for allotment of a shop/shop- cum-godown/godown
for doing business in the notified agricultural produce.
3.
Whereas the lessee has paid 25% of
the lease amount vide Cheque/PO/DD No?????..dated????for Rs????.
4.
Whereas the lessor has resolved to
allot the Schedule property to the allottee in its resolution No??..in the
meeting of the Market Committee held on???
5.
Whereas the allotment of the
shop/shop-cum-godown/godown is approved by the Director of Agricultural
Marketing, vide his Order No???dated????..
6.
Whereas the lessor has agreed to
allot the schedule shop/shop- cum-godown/godoen on terms and conditions
enumerated hereunder.
NOW, THEREFORE, THIS DEED WITNESSETH AS UNDER:-
1. That the lessor has constructed the shop/shop-cum- godown/godown at its cost and has agreed
to lease the same for a period of 10 (TEN) years.
2.
That the lessor has fixed the lease (incurred an
expenditure of an estimated) amount of Rs????
3.
That the lessee shall pay the balance amount after
deducting initial deposit (fixed by A.E.E. (M.D.P)) of the shop/shop-cum-
godown/godown. Within 90 (NINETY) days from the date of receipt of letter of
allotment, to the market committee and obtain a receipt. This may be extended
by sixty days subject to payment of interest at 12%.
4.
That if the lessee is a joint family, any member of the
joint family and in the? case? of partnership firm, any partner of the? firm shall not be entitled for allotment of
more than one shop/shop-cum- godown/godown in the market yard and in case it is
found that an allotment of shop/shop-cum-godown/godown is already obtained by
him/them, the lessor is at liberty to terminate the lease and forfeit of
shop/shop-cum-godown/godown together with the lease amount of
shop/shop-cum-godown/godown, if any deposited by the lessee till then.
5.
That during the period of lease, the lessee shall carry on
the business only in the notified Agricultural Produce and abide by the terms
and conditions of licence issued by the lessor. Further,? the lessee shall abide by the provisions of
the? K.A.P.M?, Act, 1966 and the Rules
and the Byelaws made there under. If there is any contravention of any one of
the conditions, the lessor is entitled to cancel the lease agreement and
forfeit the allotment of s shop/shop- cum-godown/godown after issuing notice to
the lessee.
6.
That during the period of lease, the lessee shall not
alienate the shop/shop-cum-godown/godown allotted to him to any person in any
manner.
7.
That the lessee shall not divide the shop/shop-cum-
godown/godown allotted to him or aliniateif to any other person during the
period of lease.
8.
That the lessee shall not cause damage, alter, or change
the structure of the shop/shop-cum-godown/godown allotted to him. If nay damage
is caused, the lessee is liable to effect necessary repairs to keep the
premises in good condition.
9.
If the lessee is a partnership firm it shall bring to the
notice of the market committee any change in constitution of the Partnership
firm. The lessee agrees to comply with the provision of rule 12 if such a
change in the constitution of the partnership firm results in? the transfer of shop, godown, shop-cum-godown
or interest therein.
10.
That the lessee shall pay the? electricity?
charges,? water? charges and all other taxes in respect of the
shop/shop-cum- godown/godown allotted to him during the period of lease.
11.
That if the lessee ceases to be a licensed Market
Functionary during the period lease, the lessor is entitled to forfeit the
allotment of shop/shop-cum-godown/godown together with the lease amount
deposited by the lessee till the date of forfeiture.
12.
That the premises shall not be used for purposes other
than the purposes enumerated under the?
K.A.P.M. ? Act, 1966, Rules and the Bye-Laws and shall be used for the
purpose of marketing in the notified Agricultural Produce only.
13.
That the lessee shall not encumber the property in any
manner whatsoever and, if it is done, the same shall not to binding on the
lessor.
14.
That if the lessee desires to discontinue as a licensed
market functionary, he shall surrender the?
shop/shop-cum- godown/godown to the Market Committee with one month's
prior notice and deliver vacant possession of the same and thereafter the
lessor is at liberty to re-allot the said premises to another market
functionary.
15.
On the expiry of the ten years period mentioned in this
agreement. If the lessee has performed all the conditions mentioned in this
agreement and has committed no? breach
thereof the committee shall, at the end of the said period of ten years sell
the site to the lessee and all attendant expenses in connection with such sales
such as, stamp duty, registration charges etc,?
shall? be borne by the lessee.
16.
That the lessee hereby undertakes to abide by such terms
and conditions that may be imposed o him at the time of execution of the sale
deed by the lessor in respect of the shop/shop-cum- godown/godown with a view
to see that the object of the Act is achieved.
17.
That if the lessee violates any one of the terms and
conditions mentioned above, the lessor is at liberty to forfeit the allotment
of shop / shop ?cum-godown and forfeit the cost of shop / shop-cum- godown /
godown deposited by the lessee until the date of forfeiture.
18.
That the lessor shall not be responsible for any defect
structural or otherwise in the property and lessee shall have no claim for
compensation from the lessor for any defects whatsoever.
19.
That the lessee agrees to get the said property insured
against, riots, burglary or civil commotion.
20.
That the lessor or any person authorized by it? shall?
have right? to enter into the said
property at any reasonable time to inspect the property.
21.
If any dispute arises as to the construction of the terms
and conditions stated above, the decision of the Director of Agricultural
Marketing will be final and binding on both the parties.
SCHEDULE
(Description of the property)
North:?????????????????????? South:????????????????? East:???????????????????????????????? West:
In
witness whereof the lessor and lessee have signed this lease deed in the presence of witness who have attested it.
Witnesses:
1.???????????????????????????????????????????? Lessor
Lessee
2.
FORM NO:VI
(See rule 14)
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(1)
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Name of
the Applicant
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(2)
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Whether applications is
for sundry shop, weigh bridge,
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canteen, tea-stall.
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(3)
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Full address, Telephone / Telex /Fax Nos.
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(4)
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Application No.
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(5)
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Whether the applicant is an assesses ?under the Income
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Tax
Act. (Details of Permanent A/c No. etc., to
be furnished)
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(6)
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Details of
previous applications if
any
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(7)
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Details???? of??? deposits???? made???? along???? with??? the
application
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(8)
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Licence Particulars if any:
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(9)
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Whether the applicant is a licensed Market functionary of
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this???????????? Agricultural???????????? Produce???????????? Market
Committee,
if ?so,
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mention category and the details of licence and
enclose a copy of the licence.
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(10)
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Any other information.
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APPLICATION
FOR ALLOTMENT OF WEIGH BRIDGES etc., AGRICULTURAL PRODUCE
MARKET COMMITTEE
AFFIDAVIT
I Sri.---------------------------
do hereby declare that the
particulars furnished in the application are true to the best of my knowledge and belief. I agree that in case any of the information provided
above is found false, my application will be rejected.
Signature of the Applicant
Place:????????????????????????????????????????????????????????????? Name:
Date:?????????????????????????????????????????????????????????????? Seal
FORM NO.(VIII)
(see rule 16(2))
AGREEMENT OF LEAVE AND LICENCE
(For shop, godown, shop-cum-godown)
This Agreement of Leave and Licence is entered into by and between:
THE AGRICULTURAL PRODUCE
MARKET COMMITTEE----------------------------------------------- herein
after called the 'LiCENSOR', which expression shall wherever the context so requires shall include each of its
successors, assigns on the one part, represented
by Sri------------? S/o? Sri?????????
aged about ????years residing at? the
Chairman (or Administrator) of? the? Agricultural?
Produce? Market? Committee and a registered partnership firm by name???????. represented by its proprietor: Managing
Partner Sri?????????.. ?son of Sri????????? ?aged about ????????
years residing at. ????????. hereinafter called the 'LICENSEE' of the other part, witnesseth as follows:'
Whereas the LICENSEE
who is the market functionary and licence holder from the LICENSOR, has applied for allotment
of a
shop / shop-cum-godown / godown for doing business in the notified
agricultural produce.
Whereas,
the licensor has established a market yard at ?. intending to provide facilities to market functionaries dealing in notified
agricultural produce.
Wheeras the licensor is the owner of the shop / shop-cum-godown bearing No ???.. situated in the market yard more fully
described in the schedule hereunder.
Whereas the licensee herein was carrying
on trade in notified agricultural produce
???????? (commodity:commodities) and has
applied for allotment of a Godown /shop-cum-Godown on Leave and Licence basis
to carry on the trade in notified agricultural produce and the licensor has agreed to allot the Schedule property.
Whereas the licensor has
resolved to allot the Schedule property to the allottee
on leave and license basis in its resolution No??.. in
its meeting held on ?.-??-200--.
Whereas the Director of Agricultural ?Marketing:
A.D.:D.D. of ?????.
district has accorded her permission, vide order No. ???. dt. ?.-?-200?
Whereas, both the parties are desirous of reducing in
writing terms and conditions enumerated hereunder;
TERMS AND CONDITIOS;
That the leave?
and licence? granted by the
licenser to the licensee is only for
a period of 11? months renewable every 11 (ELEVEN) months
from the date of this agreement subject
to a maximum period of 55 months.
1)
On the expiry of the period of this licensee, the licensee shall
be given first preference in case of
renewal of the licence to use the said premises
for any further period (not more than 11 months at a time) provided the licensee has conformed to all
the terms and conditions and rules prescribed there for during the prior? occupation?
of? the said premises.
2)
If the licensee desires to renew the leave and licence for
on more period of 11 months, he should submit his application to? the licenser not less than 2 (TWO) months
before the expiry of the leave and licence.
3)
That the licensee shall deposit a sum equal to leave and
licence fee for 10 (TEN) months with licensor as the Security Deposit in
respect of Schedule Premises. The said Security Deposit will not carry any
interest.
4)
The licensee is entitled to seek reimbursement of the said
security sum on his expressing desire to vacate and hand over possession of the
Schedule Premises of the licensee on giving one month's? clear notice in writing.
5)
The licensee should pay the leave and licence fee of the
previous month before 10th (TENTH) of the next month failing which the licenser
has right to impose penal fee at 10% per month.
6)
If the licensee fails to remit the leave and licence fee
for 3 (THREE) consecutive months, the licenser has the right to adjust the
Security Deposit, besides reserving its right to recover the balance amount and
to take back the possession of the Schedule Premises.
7)
The licensee shall not utilize the premises for any other
purpose than for which it is allotted the licenser has reserved the right to
revoke the licence by giving on month's notice to the licensee, if the
Secretary is satisfied that the allotted premises is not used for the purpose
for which it is allotted.
8)
The license fee will be revised every 33 months at
enhancement of 5% of the leave and licence fee, the licensee should abide by
it.
9)
In the event of the licenser desiring to terminate the
licece? and take back possessions of the
Schedule Premises, upon service of notice of eviction of the licensee by the
licensor, the licensee shall, within 15 (FIFTEEN) days from the date of service
of this notice, hand over vacant possession of the Schedule Premises to the
licenser. If the licensee fails to do so, the licensor is entitled of? forfeit the said Security Deposits, besides
reserving its right to? institute
suitable legal proceedings for eviction of the licensee under the provisions of
the appropriate law.
10)
That the licensee shall not assign either the whole or any
portion of the Schedule Premises or allow any third party / parties to be in
occupation of or carry on trade of whatsoever nature in the Schedule Premises
without the written consent of the licenser, That where the licensee is a
partnership firm it shall bring to the notice of the market
11)
That he licensee all not effect any changes o the
structure either permanent or temporary, either inside or outside the Schedule
Premises without the written consent of the licenser.
12)
That the licensee himself shall bear and pay the
electricity? and water charges in respect
of the electricity and water consumed by him, to the concerned authorities as
per the directions issued by the licenser from time to time in this regard.
13)
That the licensee shall not carry on trade or use Schedule
Premises for any illegal purposes like gambling, selling / stocking liquor /
explosives / fire-crackers / any other explosives / inflammable good/ articles
or do anything that may cause danger to the property of the licenser or to the
life and / property of the adjacent occupiers.
14)
That the licensee shall not get the right to offer the
Schedule Premises as security for any loss or create any charge or encumber the
same in any manner.
15)
That the licensee shall be bound to quit the premises
within one month of the notice of cancellation of his licence by the licenser in
the event of breach of any of the terms and conditions of this licence or in
the event of the licensee being in arrears for a period of 3(three) months in
respect of the leave and licence fees payable as herein prescribed? legal heirs, executors of the licensee are
liable to pay the arrears of licence fee to the Market Committee.
16)
That the overall superintendence of the said premises
shall be vested in the Market Committee whose Officers/staff shall at all
reasonable hours be entitled to inspect the said premises about its state of
repairs; the licensee shall be bound to keep the premises in good and hygienic
conditions, and deliver the shop to the licenser in good condition after the
expiry of the licence period or when he is asked to vacate the said premises.
17)
That the licensee may also revoke the licence by giving
one months notice to the licensor. The licence will be deemed as automatically
revoked after the expiry of the period.
SCHEDULE
SHOP NO:-???????????????????? MEASURMENT: BOUNDED
BY:-
EAST:
WEST:
NORTH:
SOUTH:
IN WITNESS WHEREOF both the licenser and the licensee have signed?? this
agreement of Leave and Licence on this
??????? day of.................................... 200_
LICENSEE
WITNESSES:
(1)
(2)?????????????????????????????????????????????? LICENSE
FORM NO.(VIII)
(See rule 16(2))
AGREEMENT OF LEAVE AND LICENCE
(For sundryshop, canteen, weighbridge, teastall)
This Agreement of Leave and Licence is entered into by and between:
THE AGRICULTURAL PRODUCE MARKET COMMITTEE ?????. herein after?
called? 'LICENSOR',? which?
expression? shall? wherever?
the? context so requires shall include each of its successors, assigns
on the one part, represented by Sri??????S/o Sri??????.., aged about ????. years residing
at ????, the Secretary andSri??????. S/o Sri??????.., aged about ????.?
?years
residingat ??????.. hereinafter called the 'LICENSEE' of the other part, witnesseth as follows:
Whereas the LICENSEE who
is the market functionary and licence holder
from the LICENSOR, has applied for allotment of a shop/shop-cum- godown/godown for doing business
in the notified agricultural produce.
Whereas,
the licensor has established a market yard at?
???. Intending toprovide facilities to market functionaries dealing in notified
agricultural produce.
Whereas
the licensee herein has applied for allotment of a sundryshop,canteen,
weighbridge, tea-stall on Leave and Licence basis to carry on the trade in
notified agricultural produce and the licensor has agreed to allot the Schedule
property.
Whereas
in licensor has resolved to allot the Schedule?
property to the allotee on leave and license basis in? its resolution? No???. in?
its? meeting held on ?-?-200_.
Whereas,
both the parties are desirous of reducing in writing terms and conditions
enumerated hereunder:
TERMS AND CONDITIONS:
(1)
That the leave and licence
granted by the licenser to the licensee
is only for a period of 11 months renewable every 11 (ELEVEN) months
from the date of this agreement
subject to a maximum period
of 55 months.
(2)
On the expiry of the period of this license, the licensee
shall be given first preference in case of renewal of the licence to use the
said premises for any further period (not more than 11 months at a time)
provided the licensee has conformed to all the terms and conditions and rules
prescribed there for during the prior occupation of the said premises.
(3)
If the licensee desires to renew the leave and licence for
one more period of 11 months, he should submit his application to the licenser
not less than 2 (TWO) months before the expiry of the leave and licence.
(4)
That the licensee shall deposit a sum equal to leave? and licence fee for 10 (TEN) months with the
licenser as the Security Deposit in respect of Schedule Premises. The said
Security Deposit will not carry any interest.
(5)
The licensee is entitled to seek reimbursement of the said
security sum on his expressing desire to vacate and hand over possession of the
Schedule Premises of the licensee on giving one month's clear notice in
writing.
(6)
The licensee should pay the leave and licence fee of the
previous month before 10th (TENTH) of the?
next month falling which the licenser has? right to impose penal fee at 10% per month.
(7)
If the licensee fails to remit the leave and licence fee
for 3 (THREE) consecutive months, the licenser has the right to adjust the
Security Deposit, besides reserving its right to recover the balance amount and
to take back the possession of the Schedule Premises.
(8)
The? licensee shall
not utilize the premises for any other purpose than for which it is allotted
the licenser has reserved the right to revoke the licence by giving one month's
notice to the licensee, if the Secretary is satisfied that the allotted
premises is not used for the purpose for which it is allotted.
(9)
The licence fee will be revised every 33 months at
enhancement of 5% of the leave and licence fee, the licensee should abide by
it.
(10) In
the event of the licensor desiring to terminate the leave and licence and take
back possessions of the Schedule Premises, upon service of notice of eviction
of the licensee by the licenser, the licensee shall, within 15 (FIFTEEN) days
from the date of service of this notice, hand over vacant possession of the
Schedule Premises to the Licenser. If the?
licensee fails to do so, the licensor is entitled of forfeit the said
Security Deposits, besides reserving it right to institute? suitable?
legal? proceedings? for eviction of the licensee under the
provisions of the appropriate law.
(11) That
the licensee shall not? assign? either?
the? whole? or?
any? portion? of the Schedule Premises or allow any? third?
party/parties? to? be? in
occupation of or carry on trade of whatsoever nature in the Schedule? Premises without the written consent of the
licenser, That the licensee should bring to the notice of the? market committee any change in constitution
of the Partnership. The licensee agrees not to assign the premises or the
interest therein to the partners of the reconstituted partnership unless
persons who were partners of the? firm
before change continued to be partners after the change.
(12) That
the licensee shall not effect any changes to the structure either permanent or
temporary, either inside or outside the Schedule Premises without the written
consent of the licenser.
(13) That
the licensee himself shall bear and pay the electricity and water charges in
respect of the electricity and water consumed by him, to the concerned
authorities as per the directions issued by the licenser from time to time in
this regard,
?
(14) That
the licensee shall not carry on trade or use Schedule Premises for any illegal
purpose like gambling, selling/stocking liquor/explosives/fire- crackers/any
other explosives/inflammable good/article or do anything that may cause danger
to the property of the licenser or to the life and/property of the adjacent
occupiers.
(15) That
the licensee shall not get the right to offer the Schedule Premises as security
for any loss or create any charge or encumber the same in any manner.
(16) That
the licensee shall be bound to quit the premises? within?
one month of the notice of cancellation of his licence by the? licenser in the event of breach of any of the
terms and conditions of this licence or in the event of the licensee being in
arrears for a period of 3 (three) months in respect of the leave and licence
frees payable as herein prescribed legal heirs, executors of the licensee are
liable/e to pay the arrears of licence fee to the market committee.
(17) That
the overall superintendence of the said premises shall be vested in the market
committee whose Officers/staff shall at all reasonable hours be entitled to
inspect the said premises about its state of repairs; the licensee shall be
bound to keep the premises in good and hygienic conditions, and deliver the
shop to the licenser in good condition after the expiry of the licence period
or when he is asked to vacate the? said
premises.
(18) That
the licensee may also revote the licence by giving one month's notice to the
licensor. The licence will be deemed as automatically revoked after the expiry
of the period.