1 HE GAZETTE OF INDIA: EX lRAOKDlNARY

[PART II—Sh<: 3(i)j

MINISTRY OP /V.WVLIMF.UCE AJNO INDUSTRY

(Department of Commerce)

NOTIFICATION

New Delhi, the 13 th September, 2002

us.R 645(E).~ in exercise of the powers conferred by section 38 of the Spices Board Act, 1986

(10 uf 1336), thw C«ntfdi GGvHfiiiTiwITL hwrwby maktiS the foliOWifiy 3iTi8fidiTiGntS to mG CardaiTiOrri (LiCSnSiny &

Marketing) Rules, 1987, namely:-

(i) These Rules may be called the Cardamom (Licensing & Marketing) Amendment

Rules, 2002.

(it)

Thev snail enme Into force on the date of their publication In the Official Gazette.

In ih9 Cardamom (Licensing & Marketing) Rules, 1987, -

(i) in rule 4, for sub-rules (2) and (3), the following sub-rule shall be substituted,

namefy:-

. (2) Every application for, -

(i) cardamom auction shall be accompanied by a fee of five thousand rupees;

(ii) cardamom dealership shall be accompanied by a fee of one thousand rupees,

either by cash or by a crossed demand draft or postal order drawn in favour of the Spices Board payable at Cochin.

(3) The Board may, if it is satisfied as to the suitability of the applicant, issue a licence to him either in Form B

or Form B1, as the case may be",;

(ii) for rule 5, the following sub-rule shall bo substituted, namely:-

"5.

Renewal of Licences - (1) Any person desiring to renew his licence as auctioneer or dealer may submit his

application to the Board accompanied by the fees as referred to in sub-rule (2) and in Form A so as to reach

the Board on or before the 30

th of June of the year in wnich the licence expires:

Provided that the Board may entertain an application for renewal of licence up to the date of expiry of the

licence) on payment of an additional fee of Rs.250/- for the delay of every month or part thereof in case of

auctioneer licence and an additional tee of Rs.100/-for delay of every month or part thereof in case of dealer

licence.

[?) Fvery application for ro;iewai of a licence referred to in item ( i ) of sub-rule (2) of rule 4 shall be accompanied

1 by aleeof.-

(ii iWe thousand ru>a&^> where the aveiage auction turn over does not exceed one crore rupees;

(ii) ten thousand rupees where the average auction turn over exceeds one crore rupees but does not exceed

ten crore rupees,

(iii) twenty-five thousand rupees where the average auction turn over exceeds ten crores rupees,

In any three immediately preceding financial years;

(3) Every application for renewal of licence referred to in item (ii) of sub-rule (2) of rule 4 shall be

accompanied by a fee of one thousand rupees';

(iii) For Form A, the following shall be substituted, namely:-

"FORM - A

[See Rule 4(1) and 5(1)]

APPLICATION FOR 'ISSUE / RENEWAL OF LICENCE FOR

AUCTIONEER / DEALER OF CARDAMOM

1. Name of the person (in block letters)

Address of principal / registered office

Building No.

Building Name

Street

City

State

Tel.

Mobile

Fax

Email

Status

(Please ^ where

appropriate)

Proprietorship

Hindu Joint Family

Partnership

Co-operative Society

Others

specify

Private Limited Company

Public Limited Company

Public Sector (Central Govt.)

Public Sector (State Govt.)

•

Strike out whichever is not applicable

Jifi'to^r/oi-^

THE GAZETTE OF INDIA: EXTRAORDINARY

PART II—SBC. 3(i)l

Type of licence applied for

(Please ^/where appropriate)

Auctioneer

Dealer

Full name and permanent address of the Proprietor/partners/directors (Attach additional

sheets where reauiredi

Name

Building No.

Building Name

City

State

Tel.

Mobile

Fax

Email

DETAILS TO BE FILLED UP ONLY BY APPLICANTS FOR AUCTIONEER LICENCE

(a)

Sales Tax Registration

(Attach self attested

copy)

(b)

Indicate whether the application is for

renewal of the existing licence or for a new

licence (Please y where appropriate)

Renewal

New

(c)

If for renewal, indicate

Licence No.

Date of Issue

Place of auction

Day of auction

Time of auction

(d) Answer only If the application is for renewal

Quantity and value of cardamom auctioned during the preceding 3 years

Year

uuantny (M I )

vaiue KS. j mm

(e) Indicate Category (Please V where appropriate)

(A - average turn over above Rs 10 crores B- average turn over Rs 1-10 crores, C- average turnover

less than Rs.1 crore)

(f)

Details of fee remitted

Am Aunt

(g)

Mode of payment

(Please V where

aDDroDtiate)

(n)

uemana urarc NO.

Name of the Bank

(i)

If for new auctioneer lice

indicate: Place of auctior

Day of auctior

Time of auctior

Frequency

Infrastructure available at the proposed place of auction (Please V where appropriate)

Godown

Capacity of godown (MT)

Auction Hall

Area of auction hall

Grading facility

Weighing machine

Lot sample display board

Tables/Chairs

Auction details display board

Computer facilities

Yes

(k)

Working capital available

Rs.

(I)

Capital Structure

Authorised capital Rs.

Paid up Capital Rs.

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(1))

DETAILS TO BE FILLED UP ONLY BY APPLICANTS FOR DEALER LICENCE

(a)

Sales Tax Registration

(Attach self attested

copy)

(b)

Indicate whether the application ts for

renewal of the existing licence or for a new

licence (Please y where appropriate)

(c)

If for renewal, Indicate

Licence No.

Date of Issue

(d)

Quantity and value of cardamom purchased and sold during the last three years

Year

Quantity (MT)

Value Rs, Lakhs

(e)

Details of fee remitted

Amount

(f)

Mode of payment

(Please /where

appropriate)

Cash

Demand Draft

(g)

Demand Draft No.

Bank

Date

(h)

Source of purchase of cardamom (Please

where appropriate

__J Auctioneer

L J Grower

[_] Dealer

(i)

Storage facilities

Address ofgodown

(j)

Capacity of godown(MT)

DECLARATION

I/We declare that the information given above are true to the best of my/our knowledge and

belief and that I/We shall abide by the Cardamom (Licensing and Marketing) Rules, 1987,

and any instructions given by the Board from time to time regarding the conduct of business.

Race:

Signature

Date:

Name

Designation

Note;

Separate application shall be made for each category of business as auctioneer or dealer

Application not accompanied with the prescribed fee will not be entertained";

Qv) for FORM B, the following shall be substituted, namely:-

'FORM-B

[See Rule 4 (3)]

LICENCE AS AUCTIONEER

(Not Transferable)

Licence No

Smt/Shri/Messrs

is/are hereby authorised to carry on business In cardamom as auctioneer at

subject to the conditions

specified hereunder.

The Licence is valid upto the 31

S| day of August

Place:

Date:

Signature of Authorised Ofllcei

Conditions:

The auctioneer shall conduct the auction at a place on a day and time specified by the Board,

The auctioneer shall draw 500 grammes out of each lot of cardamom offered for sale as sample expose 35C

grammes out of it for bidders to examine the same at the place of auction four hours before the commencemeni

of the auction and circulate the list indicating the quantity of each lot weight in grammes litre and the reserve

price. A copy of the list shall be sent to the Board. 100 grammes of the sample shall be given to the highesi

bidder and the balance of 50 grammes sail be kept by the auctioneer in a sealed polythene bag for a period o'

seven days for verification in case of any dispute. On expiry of the said period or on settlement of the dispute

as the case may be, the owner, of the cardamom shall be entitled to receive back the cardamom remaining frorr

the sample drawn by the auctioneer.

(a) The auctioneer shall not charge more than one percent of the sale price as commission for the services

rendered by him;

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3(p]

(b) The auctioneer shall not take or accept for himself or on behalf of the purchaser any discount or payment in

cash or in kind from owners who bring their cardamom for auction over and above the one percent

commission due to him. The auctioneer shall ensure the owner gets his value for the entire quantity of

cardamom sold in the auction.

The auctioneer shaii maintain e register in Form 'C.

The auctioneer shall sent to the Board an extract of the register maintained in Form C within seven days from

the date of auction.

The auctioneer will sent an advance report of the auction on the next day of auction in Form D.

The auctioneer shall not negotiate sale of cardamom with an estate owner who has not registered his estate or

dealer who is not licensed by the Board.

Where auctioneer transfers his business to another person, the transferee shall obtain a fresh licence under the

Cardamom (Licensing and Marketing) Rules, 1987.

Where a licensee dies, the original licence shall be deemed to have been terminated and if more persons than

one claim to be heirs of the deceased, the heir or each of the heirs shall apply to the board for the issue of a

fresh licence for the same.

Every licensee shall produce on demand for inspection by any officer of the Board authorised in this behalf by

the Chairman, all accounts, registers and othe records kept by him in connection with his business as an

auctioneer.

Auctioneer shall in respect of each auction recover payment due from bidders within 14 days from date of

auction and shall pay the growers within 21 days from the date of auction. The information regarding dues to

growers and from traders shall be furnished to the Board in respect of each auction.

The auctioneers may keep any unclaimed amount by the growers in a separate account in the Bank and details

intimated to the Board in respect of each auction. Nonpayment of dues to growers within the stipulated period

without satisfactory reasons is violation of these rules.

FORM B1

[See Rule 4(3)]

LICENCE AS DEALER

(Not Transferable)

Licence No

Shri/Smt/Messrs

is/are hereby authorised to purchase cardamom in auction

purchase cardamom directly from growers subject to the conditions specified hereunder

This licence is valid upto the 31

s1 day of August

Signature of Authorised Officer

CONDITIONS

(1) The dealer shaH not purchase cardamom from an estate owner who has not registered his estate or from an

auctioneer who has not been licensed by the Board

(2) No dealer shall solicit or accept any amount in cash or kind from cardamom producers or auctioneers, whether by

way of dtecount or commission. A dealer participating in an auction shall pay full value for the entire quantity of

cardamom in the lots purchased by him.

(3) Every dealer shall maintain a register in Form E.

(4) Every dealer shall send a monthly return in Form F so as to reach the Board on or before the 10

th day of the

succeeding month.

(5) Where the dealer transfers his business to another person the transferee shall obtain a fresh licence.

(6) Where a licensee dies, the original license shall be deemed to have been terminated and if more persons than one

claim to the heirs of the deceased the heirs or each of the heirs shall apply to the Board for the issue of a fresh

licence for the same.

(7) Every dealer shall produce on demand for inspection by any officer of the Board authorised in this behalf by the

Chairman, all accounts, registers and other records kept by him in connection with his business as cardamom

dealer.

(8) The dealers shall pay the auctioneers the value of the cardamom purchased In respect of an auction within 14 days

time from the date of auction. Non payment of the purchase value within the stipulated period is violation of

Cardamom (Licensing and Marketing) Rules, 1967.

(9) The licence will not be renewed, for succeeding period of three years if the dealer fails to transact any business or

submit 'Nil

1 returns during the period of holding a valid licence',

[F. No. 7/l/2001^P(Agri.-V)]

S. S. KAPUR, Jt. Secy.

sub-section (I), Extra ordinary dated 26^th February 1987.

Printed by the Manager, Govt, of India Prew, Ring Road, Mayapun, New Delhi-110064

and Published by the Controller of Publications, Dclhi-110054.