Karnataka Agricultural Marketing

rules · 1966 · Karnataka

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Parent: The KARNATAKA AGRICULTURAL PRODUCE MARKETING (REGULATION AND DEVELOPMENT) ACT, 1966 (d37ec291c60c61501b1aff7fe09290f951247dcf)

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Karnataka Agricultural Marketing (Regulation of Allotment of Property in Market yards) Rules 2004 . Co -operation Secretariat Notification No.CD 58 MRE 2002, Bangalore, dated 9 th July, 2004. Whereas, the draft of the Karnataka Agricultural Produce Marketing (Regulation) Rules, 1968 was published as required by sub section (1) of Section 146 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966) in Notification No.CD/MRE/58/2002, date: 23th October 2003 appeared in part-IV-A of the Karnataka Gazette Extra -ordinary dated 30 th October 2003, inviting objections and suggestions from all persons likely to be affected thereby within 30 days from the date of its publication in the official Gazette. Whereas, the said Gazette was made available to the public on 30 th October 2003, And whereas, the objections and suggestions received within the period specified above have been considered by the State Government, Now, therefore in exercise of the power conferred by sub section (1) of section 146 of The Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966), the Government of Karnataka hereby makes the following rules, namely :- RULES 1. Title and commencement : - These rules may be called the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004. They shall come into force at once. Definitions: -In these rules, unless the context otherwise requires, - 'Act' means the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966. 'Allottee; means any person to whom any site, godown, shop, shop-cum-godown, weigh bridges, sundry shops, canteen, tea stalls or other building is allotted under these rules. "Annexure" means annexure appended to these rul

Rule TOC

1 · Title and commencement : -

3 · Offer of Sites etc., for allotment on lease-cum-sale basis:-

4 · Determination of value of site etc.,

5 · Criteria for fixing the value of site:-

6 · Registration:-

7 · Eligibility:-

8 · Principles for selection of applicant for allotment:-

9 · Allotment of corner site: -

10 · Conditions of allotment of site, shop, godown or shop-cumgodown 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:-

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.

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-cumgodown.

13 · Allotment of shop, shop-cum-godown or godown on leave an license basis: -

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.

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.

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.

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.

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.

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.