AGRICULTURAL PRODUCE AGENTS
(REGISTRATION) ORDINANCE

Arrangement of Sections

1. Short title.

REGULATION OF BUSINESS OF AGRICULTURAL PRODUCE AGENTS.

2. Prohibition against carrying on business as agricultural produce agent in specified areas without licence.

3. Restriction on purchases produce by licensed agents.

4. Destruction of produce.

5. Fees, charges of licensed agents.

6. All purchases of produce to be for definite fixed sum.

SECURITY TO BE FURNISHED BY AGRICULTURAL PRODUCE AGENTS

7. Security to be furnished by licensed agents.

BANK ACCOUNTS, BOOKS, REGISTERS OF AGRICULTURAL PRODUCE AGENTS

8. "Agricultural Produce Accounts” in banks.

9. Payments into agricultural produce accounts.

10. Money paid into agricultural produce account not to be available for satisfaction of other debts of agent.

11. Withdrawals from agricultural produce accounts.

12. Moneys received by licensed agents who have not been required to open agricultural produce accounts.

13. Rendering of account and payment of money to principal.

14. Fraudulent rendering of accounts.

15. Records, books to be kept by licensed agent.

16. Inspection of books, registers of accounts.

17. Preservation of bank pass books, records, registers.

18. Power of Registrar to obtain returns, information.

OFFENCES

19. Penalty for breaches of the Ordinance or any regulation.

20. Court may order additional sum to be paid by offender against section 3(a).

21. Part of fine may be awarded by court to any person suffering loss or damage.

22. Court may order cancellation of licence.

23. Offence by company.

LICENCES

24. No licence to be issued to persons under twenty-one.

25. Validity of licences.

26. Applications for licences.

27. Issue of licences.

28. Refusal of licence and appeal therefrom.

29. Assistant Registrar to report issue of licence to Registrar.

30. Registers of licensed agents.

31. Cancellation of licences on order of court.

32. Cancellation of licences in other circumstances.

MISCELLANEOUS

33. Duties of licensed agent in relation to principal place of business.

34. Service of notices.

35. Civil remedies not affected.

36. Expansion of definition of "agricultural produce”.

37. Appointment of Registrar.

REGULATIONS

38. Regulations.

39. Interpretation.

40. Application of Ordinance to sale of produce by co-operative societies on behalf of members.

28 of 1941,

44 of 1941,

11 of 1945,

48 of 1946,

22 of 1955.

AN ORDINANCE to provide for the regulation of the sale of agricultural produce through agents, for the registration and licensing of Agricultural Produce Agents and for purposes incidental to the matters aforesaid.

[Date of Commencement: 11th August, 1941]

1. Short title.

This Ordinance may be cited as the Agricultural Produce Agents (Registration) Ordinance.

REGULATION OF BUSINESS OF AGRICULTURAL PRODUCE AGENTS.

2. Prohibition against carrying on business as agricultural produce agent in specified areas without licence.

(1) On and after such date1 as the Governor may appoint by Proclamation published in the Gazette, no person shall, in any area specified in such proclamation—

(a) carry on or exercise the business of an agricultural produce agent;

(b) in any way advertise or notify that he carries on or exercises, or proposes to carry on or exercise, such business in any such area;

(c) do any act which leads to the belief or supposition that he carries on or exercises such business in any such area,

except under the authority of a licence issued under this Ordinance.

(2) The date appointed by any Proclamation under subsection (1) shall be a date not earlier than two months after the date on which that Proclamation is published in the Gazette.

(3) Where a licence under this Ordinance is issued to any person who carries on business as an agricultural produce agent in any area specified in any proclamation under subsection (1), that licence shall, while it remains in force, be sufficient authority to that person to carry on such business in any other area or areas which may have been or may be specified in that proclamation or any other proclamation under that subsection.

(4) Where the business of an agricultural produce agent is carried on by a firm registered under the Business Names Ordinance, a licence issued in the name of the firm shall be sufficient authority to each member of the firm to carry on business as an agricultural produce agent on behalf of the firm.

(5) In any prosecution against any person for a breach of any provision of subsection (1) that person shall, unless he produces the licence authorising him to carry on business as an agricultural produce agent, or adduces other satisfactory proof of his having been so licensed, at the time when the offence charged against him was alleged to have been committed, be. presumed to have not been so licensed at that time.

3. Restriction on purchases of produce by licensed agents.

Where any agricultural produce has been consigned or delivered to any licensed agent for sale on behalf of the owner of such produce—

(a) such agent shall not, directly or indirectly, whether by himself or through any other person, purchase such produce, except with the written consent, previously obtained, of the owner of such produce or of some duly authorised person on behalf of such owner;

(b) such agent shall not, in any case where he purchases any such produce with the written consent required under paragraph (a), charge to the seller in respect of the sale any fee, charge, or commission whatsoever;

(c) no person in the employment of such agent shall, directly or indirectly, whether by himself or through any other person, purchase any such produce, except with the written consent, previously obtained of the owner of such produce or of some duly authorised person on behalf of such owner;

(d) no person whether he is or is not in the employment of such agent, shall in any way aid or abet such agent to commit a breach of any provision of paragraph (a).

4. Destruction of produce.

(1) No licensed agent shall, by himself or through any agent or servant, destroy or cast away or cause to be destroyed or cast away any agricultural produce which is in a marketable condition.

(2) In any prosecution against any person for destroying or casting away any agricultural produce, it shall be a sufficient defence to prove—

(a) that the destruction or casting away did not raise or tend to raise the price at which agricultural produce similar to the produce so destroyed or cast away, was available to the public; or

(b) that the produce was destroyed or cast away on the orders of any public officer, or of any officer of a local authority, duly authorised under any written or other law to give such orders.

5. Fees, charges of licensed agents.

Notwithstanding anything in any written or other law, no licensed agent shall be entitled to receive, or to suitor or recover in any court from any person on whose behalf he sells any agricultural produce, in respect of such sale, any fee, charge, commission, reward or other remuneration in excess of such fees, charges, commission, reward or other remuneration as may be prescribed.

6. All purchases of produce to be for definite fixed sum.

(1) No person shall purchase any agricultural produce from the person by whom or on whose behalf it was actually produced, unless at the time of the purchase or at the time of the delivery of such produce, whichever time is earlier, the price to be paid for such produce has been definitely fixed and agreed to by the seller at a sum certain, and which sum is not to be ascertained subsequently, whether by reference to any other transaction or otherwise.

(2) The provisions of subsection (1) shall not have effect until a date2 to be appointed by the Governor by Proclamation published in the Gazette.

SECURITY TO BE FURNISHED BY AGRICULTURAL PRODUCE AGENTS

7. Security to be furnished by licensed agents.

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