KARNATAKA AGRICULTURAL PRODUCE MARKETING
(REGULATION) RULES, 1968
PREAMBLE
In exercise of the
powers conferred by Section 146 of the Karnataka Agricultural Produce Marketing
(Regulation) Act, 1966 (Mysore Act 27 of 1966), the Government of Karnataka hereby
makes the following Rules, the draft of the same having been published as
required by sub-section (1) of Section 146 of the said Act in Notification No.
GSR 65 (DPC 257 CMD 65, dated 4th February, 1967) in the Karnataka Gazette
(Extraordinary), dated 4th February, 1967, namely.--
PART
I
Rule - 1. Title and extent.--
(1)
These Rules may be called
the Karnataka Agricultural Produce Marketing (Regulation) Rules, 1968.
(2)
They shall extend to the
whole State of Karnataka.
Rule - 2. Definitions.--
In these Rules,
unless the context otherwise requires.--
(i)
"Act" means the
Karnataka Agricultural Produce Marketing (Regulation) Act, 1966;
(ii)
"Bye-law" means a
bye-law made under Sections 148 and 149 of the Act;
(iii)
"Chairman" means
the Chairman of the committee;
(iv)
"Committee" means
the market committee;
(v)
"Form" means a
Form appended to these Rules;
(vi)
"Circle" means a
revenue circle and shall have the same meaning as in the Karnataka Land Revenue
Act, 1964;
(vii)
"Section" means a
section of the Act;
(viii)
"Vice-Chairman"
means the Vice-Chairman of the committee.
PART
II
CONSTITUTION
OF MARKET COMMITTEE AND ELECTION
Rule - 3. Persons qualified to vote.--
(1)
[All
agriculturists in a market area who are not less than [eighteen
years] of age on 1st January of the year in which the list of voters is
prepared shall be entitled to have their names entered in the lists of voters
of agriculturists' constituencies.]
(2)
No person shall be entitled
to have his name entered in the list of voters for more than one
agriculturists' constituency. If by mistake or otherwise his name is entered in
two or more constituencies, he shall exercise his vote only in one
constituency. If he exercises his vote in two or more constituencies, his votes
in all the constituencies shall be deemed to be void.
(3)
[All
traders other than retail traders in the market area shall be entitled to have
their names entered in the list of voters of the traders' constituency.]
(4)
[x
x x x x.]
(5)
No person shall at any
election vote in the same constituency more than once notwithstanding that his
name might have included in the list of voters for that constituency more than
once, and if he votes more than once, all his votes in that constituency shall
be deemed to be void.
Rule - 4. Names of persons authorised by firms, societies, etc., to vote to be reported.--
Every firm or
corporation or co-operative society qualified to vote in a traders'
constituency [x
x x x x] under these Rules shall nominate a person to vote on its behalf and
intimate in writing the name of the person so nominated to the committee or [and
the Deputy Commissioner or any officer authorised by him in this behalf] not
later than the date fixed in this behalf by the Deputy Commissioner.
Rule - 5. Preparation of voters' lists of agriculturists' constituencies.--
(1)
[The
Deputy Commissioner or any officer authorised by him in this behalf
(hereinafter in this rule referred to as authorised officer) shall cause to be
prepared in Kannada and also in such other language or languages as he deems
necessary, lists of voters entitled to have their names entered in the lists of
voters of agriculturists' constituencies.
(2)
The lists shall be divided
into convenient parts, each part consisting of voters in a village or group of
contiguous villages which shall be numbered consecutively. The number of names
included in any part shall not ordinarily exceed eight hundred.
(3)
The names of voters in each
part of the lists shall be arranged according to survey number or sub-division
of a survey number of the land cultivated in a village by each agriculturist
and where any agriculturist cultivates more than one survey number or
sub-division of a survey number, his name shall be entered only once in respect
of all such lands. All voters in each part of the list shall be numbered, so
far as practicable, consecutively with a separate series of number beginning
with Number 1.
(4)
The Deputy Commissioner or
the authorised officer shall prepare a preliminary voters' list consisting of
the voter's name, surname if any, his age and the survey number or sub-division
number of a survey number of the land cultivated by him in a village, on the
basis of the entries in the Record of Rights in Form 16 maintained under the
Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), or any other
record maintained by or on behalf of the State Government containing the
particulars of persons cultivating agricultural lands:
Provided that if in
respect of any village no record containing the relevant particulars is
available, the preliminary voters' lists shall be prepared after ascertaining
the names and ages of the persons cultivating agricultural lands as occupants
or as tenants of occupants.
(5)
As soon as the preliminary
voters' list is ready, the Deputy Commissioner or the authorised officer shall
publish it by making a copy thereof available for inspection and displaying a
notice in Form 1.--
(i)
at his office, and
(ii)
at such other places in the
market area as may be specified by him for the purpose.
(6)
He shall also.--
(a)
make a copy of each separate
part of the list together with a copy of the notice in Form 1 available for
inspection at a specified place accessible to the public and in or near the
area to which that part relates;
(b)
give such further publicity
to the notice in Form 1 as he may consider necessary.
(7)
Every claim for the
inclusion of a name in the voters' list and every objection to an entry therein
shall be lodged within a period of thirty days from, the date of publication of
the "preliminary voters' list" under sub-rule (5):
Provided that the [Director
of Agricultural Marketing] may, by notification in the Official Gazette, extend
the period.
(a)
Every claim shall be.--
(i)
in Form 2;
(ii)
signed by the person
desiring his name to be included in the voters' list; and
(iii)
countersigned by any other
person whose name is already included in that part of the voters' list in which
the claimant desires his name to be included.
(b)
Every objection to the
inclusion of a name in the voters' list shall be.--
(i)
in Form 3;
(ii)
preferred only by a person
whose name is already included in the voters' list; and
(iii)
countersigned by any other
person whose name is already included in that part of the voters' list in which
the name objected to appears.
(c)
Every objection to any
particular or particulars in an entry in the voters' list shall be.--
(i)
in Form 4, and
(ii)
preferred only by the person
to whom that entry relates.
(8)
Every claim or objection
shall.--
(i)
either be presented to the
Deputy Commissioner or the authorised officer; or
(ii)
be sent by registered post
to the Deputy Commissioner or the authorised officer.
(9)
The Deputy Commissioner or
the authorised officer shall.--
(a)
maintain in duplicate a list
of claims in Form 5, a list of objections to the inclusion of names in Form 6,
and a list of objections to particulars in Form 7; and
(b)
keep exhibited one copy of
each such lists on a notice board in his office.
(10)
Any claim or objection which
is not lodged within the period, or in the form and manner herein specified,
shall be rejected by the Deputy Commissioner or the authorised officer.
(11)
If the Deputy Commissioner
or the authorised officer is satisfied as to the validity of any claim or
objection, he may allow it without further inquiry after the expiry of one week
from the date on which it is entered in the lists exhibited by him under clause
(b) of sub-rule (9):
Provided that where
before any such claim or objection has been allowed, a demand for inquiry has
been made in writing to the Deputy Commissioner or the authorised officer by
any person, it shall not be allowed without further inquiry.
(12)
Where a claim or objection
is not disposed of under sub-rule (10) or sub-rule (11), the Deputy
Commissioner or the authorised officer shall.--
(a)
specify in the lists
exhibited by him under clause (b) of sub-rule (9) the date, time and place of
hearing for the claim or objection; and
(b)
give notice of the
hearing.--
(i)
in the case of a claim, to
the claimant in Form 8;
(ii)
in the case of an objection
as to the inclusion of a name, to the objector in Form 9, and to the person
objected to in Form 10; and
(iii)
in the case of an objection
to a particular or particulars in an entry, to the objector in Form 11. A
notice under this sub-rule may be given either personally or by registered post
or by affixing it to the person's residence or last known residence in the
market area.
(13)
(a) The Deputy Commissioner
or the authorised officer shall hold a summary inquiry into every claim or
objection in respect of which notice has been given under sub-rule (12) and
shall record his decision thereon.
(b)
At the hearing, the claimant or, as the case may be, the objector and the
persons objected to and any other person who, in the opinion of the Deputy
Commissioner or the authorised officer, is likely to be of assistance to him,
shall be entitled to appear and be heard.
(c)
The Deputy Commissioner or the authorised officer may, in his discretion/
require any claimant, objector or person objected to, to appear in person
before him.
(14)
If it appears to the Deputy
Commissioner or the authorised officer that owing to inadvertence or error
during preparation, the names of any voters have been left out in the lists of
voters and that remedial action should be taken under this sub-rule, the Deputy
Commissioner or the authorised officer shall.--
(a)
prepare a list of the names
and other details of such voters;
(b)
exhibit on the notice board
of his office, a copy of the list together with a notice as to the time and
place at which the inclusion of these names in the list will be considered, and
also publish the list and the notice in such other manner as he may think fit;
and
(c)
after considering any verbal
or written objections that may be preferred, decide whether all or any of the
names should be included in the lists of voters.
(15)
(a) The Deputy Commissioner
or the authorised officer shall thereafter.--
(i)
prepare a list of amendments
to carry out his decisions under sub-rules (11), (13) and (14) and to correct
any clerical or printing errors or other inaccuracies subsequently discovered
in the voters' lists; and
(ii)
publish the voters' lists,
together with the list of amendments, by making a complete copy thereof
available for inspection and displaying a notice in Form 12 at his office.
(b)
On such publication, the voters' lists together with the list of amendments
shall be the lists of voters of the agriculturists' constituencies.
(16)
(a) An appeal shall lie from
any decision of the Deputy Commissioner or the authorised officer under
sub-rule (13) or sub-rule (14) to the Divisional Commissioner:
Provided that an
appeal shall not lie where the person desiring to appeal has not availed
himself of the right to be heard by, or to make representations to the Deputy
Commissioner or the authorised officer on the matter which is the subject of
appeal.
(b)
Every appeal under clause (a) shall be.--
(i)
in the form of a memorandum
signed by the appellant; and
(ii)
presented to the appellate
officer within a period of fifteen days from the date of announcement of the
decision or sent to that officer by registered post so as to reach him within that
period.
(c)
The presentation of an appeal under this sub-rule shall not have the effect of
staying or postponing any action to be taken by the Deputy Commissioner or the
authorised officer under sub-rule (15);
(d)
Every decision of the appellate officer shall be final, but in so far as it
reverses or modifies a decision of the Deputy Commissioner or the authorised
officer shall take effect only from the date of the decision in appeal;
(e)
The Deputy Commissioner or the authorised officer shall cause such amendments
to be made in the lists of voters as may be necessary to give effect to the
decisions of the appellate officer under this sub-rule.
(17)
(a) The lists of voters
shall be revised at any time either intensively or summarily or partly
intensively and partly summarily, as the [Director
of Agricultural Marketing] may direct;
(b)
Where the lists of voters or any part thereof is to be revised intensively at
any time, it shall be prepared afresh and the preceding sub-rules shall apply
in relation to such revision as they apply in relation to the first preparation
of the lists of voters;
(c)
When the lists of voters or any part thereof is to be revised summarily at any
time, the Deputy Commissioner or the authorised officer shall cause to be
prepared a list of amendments to the relevant parts of the lists of voters on
the basis of such information as may be readily available and publish the lists
of voters together with the list of amendments in draft and the provisions of
sub-rules (3) to (16) shall apply in relation to such revision as they apply in
relation to the first preparation of the lists of voters;
(d)
Where at any time between the publication of any draft of the revised lists of
voters under clause (b) or of the lists of voters and the list of amendments
under clause (c) and the final publication of the same under sub-rule (15), any
names have been directed to be included in the lists of voters for the time
being in force under sub-rule (16), the Deputy Commissioner or the authorised
officer shall cause the names to be included also in the revised lists of
voters unless there is, in his opinion, any valid objections to such inclusion.
Rule - 5-A. Correction of entries in the lists of voters of agriculturists' constituency and inclusion of names in such lists.--
(1)
If the Deputy Commissioner
or any officer authorised by him in this behalf (hereinafter in this Rule
referred to as the authorised officer), on application made to him or on his
own motion, is satisfied after such inquiry as he thinks fit, that any entry in
the list of voters of an agriculturists' constituency.--
(a)
is erroneous or defective in
any particular, or
(b)
should be deleted on the
ground that the person concerned is dead or has ceased to be an agriculturist
in the constituency or is otherwise not entitled to be registered in that list,
the Deputy Commissioner or the authorised officer, shall subject to such
general or special directions, if any, as may be given by the 8[Director of
Agricultural Marketing] in this behalf, amend or delete the entry:
Provided that before
taking any action on any ground under clause (a) or any action under clause (b)
on the ground that the person concerned has ceased to be an agriculturist in
any constituency or that he is otherwise not entitled to be registered in the
list of voters of that constituency, the Deputy Commissioner or the authorised
officer shall give the person concerned a reasonable opportunity of being heard
in respect of the action proposed to be taken in relation to him.
(2)
(a) Any person whose name is
not included in the list of voters of an agriculturists' constituency may apply
to the Deputy Commissioner or the authorised officer for the inclusion of his
name in that list;
(b) The
Deputy Commissioner or the authorised officer shall, if satisfied that the
agriculturist is entitled to be -registered in the list of voters, direct his
name to be included therein;
(c) No
amendment or deletion of any entry shall be made under sub-rule (1) and no
direction for the inclusion of a name in the list of voters of a constituency
shall be given under this sub-rule after the last date for making nominations
for an election in that constituency and before the completion of that
election.
(3)
(a) Every application under
sub-rule (1) or clause (a) of sub-rule (2) shall be made in duplicate in such
of the Forms 2, 4 and 13 as may be appropriate;
(b)
The Deputy Commissioner or the authorised officer shall,
immediately on receipt of such application, direct that one copy thereof be
posted in some conspicuous place in his office together with a notice inviting
objections to such application within a period of seven days from the date of
such posting.
(c) The
Deputy Commissioner or the authorised officer shall, as soon as may be after
the expiry of the period specified in clause (b), consider the objections, if
any, received by him and shall, if satisfied that the applicant is entitled to
be registered in the lists of voters, direct his name to be included therein:
Provided that when an
application is rejected by the Deputy Commissioner or the authorised officer,
he shall record in writing a brief statement of his reasons for such rejection.
(4)
(a) Any person aggrieved by
any order made under sub-rule (1) or sub-rule (2) may appeal to the Divisional
Commissioner within a period of fifteen days from the date of the order
appealed from.
(b)
Every appeal under clause (a) shall be.--
(i)
in the form of a memorandum
signed by the appellant;
(ii)
accompanied by a copy of the
order appealed from; and
(iii)
presented to the Divisional
Commissioner or sent by registered post so as to reach him within the period
specified in clause (a).
(c)
For the purposes of clause (b) an appeal shall be deemed to have been presented
to the Divisional Commissioner, when the memorandum of appeal is delivered by,
or on behalf of the appellant to the Divisional Commissioner himself or to any
other officer appointed by him in this behalf.
(d) The
provisions of clauses (d) and (e) of sub-rule (16) of Rule 5 and of clause (c)
of sub-rule (2) of this rule shall mutatis mutandis be applicable to an order
passed in appeal under this sub-rule.
Rule - 5-B. Preparation of the lists of voters of the traders' constituency [11][x x x x x].--
(1)
The Deputy Commissioner or
any officer authorised by him in this behalf (hereinafter in this Rule referred
to as the authorised officer), shall maintain in his office [list]
of voters containing the name, father's/husband's name, residence, age, address
and licence number of [traders
other than retail traders] licensed by the market committee [x
x x x x] to operate in the market area.
(2)
In order to enable the
Deputy Commissioner or the authorised officer to maintain the lists of voters
in sub-rule (1) corrected up-to-date, the Secretary of every market committee
shall immediately inform the Deputy Commissioner or the authorised officer
about every change in the lists of licensed traders [x
x x x x]; and the Deputy Commissioner or the authorised officer shall, on
receipt of the information, strike off from the relevant lists of voters the
names of persons who have ceased to be, and include therein the names of
persons who have become licensed traders [x
x x x x],
(3)
The provisions of Rule 5-A
shall apply in relation to the lists of voters of the traders' constituency [x
x x x x] as they apply in relation to the lists of voters of agriculturists'
constituencies:
Provided that an
application for the inclusion of a name shall be in Form 14:
Provided further that
where an application under sub-rule (1) or clause (a) of sub-rule (2) of Rule
5-A is received by the Deputy Commissioner or the authorised officer, he shall
refer such application to the Secretary of the market committee concerned and
on receipt of information in relation thereto from the said Secretary, the
Deputy Commissioner or the authorised officer shall act in accordance with
sub-rule (2).]
Rule - 5-C. Maintenance of list of names of the members of the managing committee of Co-operative Marketing Societies and Agricultural Co-operative Processing Societies.--
(1)
[[The
Deputy Commissioner or any officer authorised by him in this behalf
(hereinafter in this rule referred to as the authorised officer) shall, in
respect of the [Co-operative
Marketing Societies and Agricultural Co-operative Processing Societies] [x
x x x] referred to in [x
x x x x] sub- section (1) of Section 11, maintain in his office a list of all
the members of the managing committee of each of such classes of societies.
(2)
In order to enable the
Deputy Commissioner or the authorised officer to maintain the list of the
members referred to in sub-rule (1) corrected up-to-date, the Manager or the
Secretary of every such society shall immediately inform the Deputy
Commissioner or the authorised officer of every change in the names of the
members of the managing committee of such societies and the Deputy Commissioner
or the authorised officer on receipt of information, strike off the names of
the persons who have ceased to be and include therein the names of persons who
have become members of the managing committee of such societies.
(3)
The provisions of Rule 5-A
shall apply mutatis mutandis in relation to the list of names of the members of
the managing committee of each of the societies referred to in [x
x x x x] sub-section (1) of Section 11:
Provided further where
an application under sub-rule (1) or clause (a) of sub-rule (2) of Rule 5-A is
received by the Deputy Commissioner or the authorised officer, he shall refer
such application to the Manager or Secretary of the Society concerned and on
receipt of information in relation thereto from the said Manager or Secretary
shall act in accordance with sub-rule (2).]
Rule - 6. Calling upon the constituencies and
Co-operative Marketing Societies and Agricultural Co-operative Processing
Societies to elect.--
(1)
[[[For
the purposes of constituting a market committee as required by Section 154-A or
after the expiry of the term of a market committee constituted under Section 10
or for the purpose of filling the vacancies arising by efflux of time in the
office of the members of a market committee, or after the period of super
session under Section 127 or after the period for which an Administrator is
appointed under Section 130, the Deputy Commissioner shall by order call upon
the constituencies [and
institutions] to elect members in accordance with the provisions of the Act,
these rules and of the orders made under the Act or these rules:
Provided that no
order under this sub-rule shall be issued more than three months prior to the
date on which the term of office of the retiring" members [or
the period of appointment of the Administrator] is due to expire.
(2)
When the seat of a member
elected to a market committee becomes Vacant or is declared vacant or his
election to the committee is declared void, the Deputy Commissioner shall by
order call upon the constituency or the institution concerned to elect a person
for the purpose of filling the vacancy so caused before such date as may be
specified in the order, and the provisions of the Act, these rules and of the
orders made under the Act or these rules shall apply, as far as may be, in
relation to the election of a member to fill such a vacancy.]
Rule - 7. Notice to elect.--
Not less than
forty-five days before the date for the election, the Deputy Commissioner shall
cause a notice in Kannada to be published in a Kannada Newspaper having
circulation in the market area and at the places specified in [sub-rule
(5) of Rule 5] stating.--
(a)
[the
number of persons to be elected in each constituency and by the Co-operative
Marketing Societies and Agricultural Co-operative Processing Societies referred
to in sub-section (of Section 11];
(b)
the place, time and the last
date which shall not be less than fourteen days from the date of publication of
the notice, for making nominations;
(c)
the date for the scrutiny of
nominations which shall be the second day after the last date for making
nominations or if that day is a public holiday the next succeeding day which is
not a public holiday;
(d)
last date for withdrawal of
nominations, which shall be the third day after the date of scrutiny of
nominations; or if that day is a public holiday the next succeeding day which
is not a public holiday;
(e)
the date, which shall not be
less than forty-five days from the date of publication of the notice, on which
and the hours during which, poll shall, if necessary, be taken;
(f)
the date, which shall not be
more than two days after the date of polling, place and time for counting of
votes;
(g)
the date before which
election shall be completed.
Rule - 8. Nominations.--
(1)
On or before the date and
time appointed under clause (b) of Rule 7 each candidate shall, either in
person or by his proposer, deliver to an officer specially authorised by the
Deputy Commissioner in this behalf (hereinafter in this chapter referred to as
the Returning Officer) a nomination paper completed in [Form
15] and signed by the candidate and by a voter as proposer.
(2)
The same person may sign as
proposer as many nomination papers as there are vacancies to be filled. Each
candidate shall be nominated by a separate nomination paper.
(3)
Where any person has signed
as proposer, a larger number of nomination papers man there are vacancies to be
filled, only those of the nomination papers so signed which have been first
received upto the number of vacancies to be filled shall be deemed to have been
accepted.
(4)
The Returning Officer shall,
on receiving a nomination paper enter in the nomination paper its serial
number, the date on which and the hour at which the nomination paper has been
delivered to him and shall verify the names and numbers of the proposer and the
candidate with the list of Nomination papers received after the date and the
time appointed under clause (b) of Rule 7 shall be rejected.
Rule - 9. Deposit.--
(1)
No candidate shall be deemed
to be duly nominated for election from a constituency unless he deposits or
causes to be deposited with Returning Officer a sum of fifty rupees at the time
of delivery of nomination paper. Receipt shall be passed in the name of the
depositor:
[Provided
that in respect of a candidate belonging to Scheduled Castes or Scheduled
Tribes the amount to be deposited shall be twenty-five rupees only.]
(2)
The deposit made under
sub-rule (1) shall be returned to the candidate or his nominee if he withdraws
his candidature in the manner and within the time specified in clause (d) of
Rule 7 or if his nomination is rejected under Rule 12 or if he dies before the
commencement of the poll or if it is not forfeited under sub-rule (4).
(3)
Every candidate shall
appoint a nominee for the purpose of sub-rule (2) at the time of making
deposit.
(4)
The deposit made under
sub-rule (1) shall be forfeited to Government if the valid votes polled by the
candidate does not exceed one-eighth of the total number of valid votes polled
by all the candidates divided by the number of members to be elected.
Rule - 10. Publication of list of nominations.--
As soon as may be,
after the expiry of the time fixed for making nominations [the
Returning Officer, shall publish] in the office of the Committee and in such
other manner as he may deem fit a list in [Form
16] of all the nominations received with a notice that the nomination papers
shall be scrutinised on the date appointed under clause (c) of Rule 7 at the
place and hour specified in the notice.
Rule - 11. Scrutiny of nominations.--
On the date fixed
under clause (c) of Rule 7 for the scrutiny of nominations, the candidates and
one of their agents duly authorised in writing by each candidate may attend at
such time and place as the Returning Officer may appoint and the Returning
Officer shall give them all reasonable facilities for examining the nomination
papers of all candidates.
Rule - 12. Disposal of objections and rejection of nomination.--
(1)
The Returning Officer shall
then examine the nomination papers and shall decide all the objections which
may be made at the time of scrutiny to any nomination and may, either on such
objection, or on his own motion, after such summary enquiry, if any, as he
deems necessary, reject any nomination on any of the following grounds.--
(i)
that on the date fixed for
the scrutiny of nominations, the candidate is either not qualified or is
disqualified from being chosen to fill the seat under Section 15 or 16;
(ii)
that the signature of the
candidate or the [proposer]
on the nomination paper is not genuine;
(iii)
that the proposer is a
person whose name is not found in the list of voters; or
(iv)
that there has been failure
to comply with any of the provisions of Rule 8 or Rule 9 [x
x x x].
(2)
The Returning Officer shall
not reject any nomination paper on the ground of any defect which is not of a
substantial character.
Explanation.-- For
the purpose of this sub-rule a failure to appoint a nominee under sub-rule (3)
of Rule 9 shall not be deemed to be a defect of a substantial character.
(3)
The Returning Officer shall
endorse on each nomination paper his decision accepting or rejecting the same
and if the nomination paper is rejected, shall record in writing a brief
statement of his reasons for such rejection.
(4)
[The]
Returning Officer shall complete the scrutiny on the day fixed in this behalf
under clause (c) of Rule 7 and shall not adjourn scrutiny on any ground except
when such proceedings are interrupted or obstructed by riot or by causes beyond
his control.
(5)
On the same day immediately
after the scrutiny of nomination papers the Returning Officer shall prepare a
list of validly nominated candidates and publish it by affixture on the notice
board of the Committee and his office.
Rule - 13. Withdrawal of candidature.--
(1)
Any candidate may withdraw
his candidature by notice in writing subscribed by him and delivered by him in
person or by his proposer to the Returning Officer within the date fixed under
clause (d) of Rule 7; and on receipt of such notice the Returning Officer shall
note thereon the date and time at which it was delivered and by whom it was
delivered.
(2)
Immediately after the expiry
of the period within which candidatures may be withdrawn under sub-rule (1),
the Returning Officer shall prepare [in
Kannada in alphabetical order] in [Form
17] a list of candidates whose [nominations
are] in order and who have not withdrawn their candidature and cause it to be
affixed on the notice board of his office and the office of the Committee.
Rule - 14. Procedure for Election.--
(1)
If the number of candidates
who are duly nominated and who have not withdrawn their candidature in the
manner and within the time specified in sub-rule (1) of Rule 13 exceeds that of
the vacancies to be filled, there shall be an election by ballot.
(2)
If the number of candidates
duly nominated are equal to or less than the number of vacancies to be filled,
all such candidates shall be declared to be duly elected.
Rule - 15. Assignment of symbols.--
Where a poll becomes
necessary, the Returning Officer shall assign to each candidate any one of the
following' symbols and his decision in this behalf shall be final.--
|
1.
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Cow
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2.
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Scales
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3.
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Horse
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4.
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Sun
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5.
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Umbrella
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6.
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Dog
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7.
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Bird
|
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8.
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Goat
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9.
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Lamb
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|
10.
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[x x x x x]
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11.
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Flower
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12.
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[x x x x x]
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13.
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A twig with two leaves
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14.
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Elephant
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15.
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Man
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Provided that if the number of symbols falls short of the number of contesting
candidates, the Returning Officer may in his discretion assign any other
symbol.
Rule - 16. Form of ballot paper.--
Every ballot paper
shall be in [Form
18] and shall contain the names of the candidates in Kannada in the same order
in which they appear in [Form
17].
Rule - 17. Arrangements for the holding of election.--
The Deputy
Commissioner or the Returning Officer shall make such arrangements as may be
necessary for manufacture of ballot boxes for holding and supervision of the
election, for the scrutiny of the ballot papers and for declaration of the
results of the election.
Rule - 18. Voting.--
Every person whose
name is included in the list of voters shall have as many votes as there are
members to be elected on behalf of the constituency, but he shall not give more
than one vote to any candidate.
Rule - 19. Death of a candidate before poll.--
If, after the taking
of a poll has become necessary and before the poll is taken, a candidate who
has been duly nominated dies, the Deputy Commissioner shall upon being
satisfied of the fact of the death of the candidate, countermand the poll and
all proceedings with reference to the election shall be commenced a new in all
respects as if for a new election:
Provided that no
fresh nomination shall be necessary in the case of a person who was a
contesting candidate at the time of the countermanding of the poll.
Rule - 20. Polling stations and officers.--
(1)
The Returning Officer shall
provide sufficient number of polling stations for each constituency and he
shall appoint a Presiding Officer and one or more Polling Officers for each
polling station. He shall also, if necessary, appoint one or more officers to
assist the Polling Officers in the identification of the voters:
Provided that if a
Polling Officer is absent from the polling station, the Presiding Officer may
appoint any officer as a Polling Officer who is present at the polling station.
(2)
A Polling Officer shall, if
so directed by the Presiding Officer, perform all or any of the functions of a
Presiding Officer.
(3)
If the Presiding Officer,
owing to illness or other unavoidable cause, is absent from the polling station,
his functions shall be performed by such Polling Officer as may be authorised
in this behalf by the Returning Officer.
(4)
The Presiding Officer shall
be in general charge of all arrangements at the polling station and may issue
orders as to the manner in which the persons shall be admitted to the polling
station and generally for preservation of peace and order at or in vicinity of
the polling station. It shall be the duty of the Polling Officer to assist the
Presiding Officer in the performance of his duties.
Rule - 21. Appointment of Polling Agents.--
(1)
A contesting candidate may
appoint in [Form
19] one polling agent and two relief agents and the order of appointment shall
be made over to the polling agents for production at the polling station.
(2)
No polling agent shall be
admitted into the polling station unless he has delivered to the Presiding
Officer, the instrument of his appointment under sub-rule (1) after duly
completing and signing before the Presiding Officer the declaration contained
therein.
Rule - 22. Supply of materials to the Polling Station.--
The Returning Officer
shall provide for each polling station necessary number of ballot boxes, a
sufficient number of ballot papers, three copies of list of voters, a list of
the nominations and such other papers, stationery and Forms as may be
necessary.
Rule - 23. Admission to Polling Stations.--
The Presiding Officer shall regulate the number of electors to be admitted at
any one time inside the polling station and shall exclude there from all persons
other than.--
(a)
Polling Officers;
(b)
Public servants on duty in
connection with the election;
(c)
Persons authorised by the
Deputy Commissioner;
(d)
Candidates and their polling
agents;
(e)
A child in arms accompanying
an elector;
(f)
A person accompanying a
blind or infirm elector who cannot move without help; and
(g)
Such other persons as the
Returning Officer or the Presiding Officer may employ under sub-rule (1) of
Rule 20.
Rule - 24. Polling arrangements and manner of recording votes.--
(1)
Outside each polling station
there shall be displayed prominently.--
(a)
a notice specifying the
polling area, the voters of which are entitled to vote at the polling station;
and
(b)
a copy of the list of
contesting candidates.
(2)
At such polling station
there shall be set up two or more polling booths in which voters can record
their votes screened from observation.
(3)
Immediately before the
commencement of the poll, the Presiding Officer shall demonstrate to such
candidates, their agents or persons as may be present at the polling station
that ballot box is empty and shall then.--
(a)
affix a label to the box
marked with.--
(i)
the serial number, if any,
and the name of the constituency;
(ii)
serial number and name of
the polling station;
(iii)
serial number of the box;
and
(iv)
date of poll.
(b)
lock it and seal it with his
seal and seals of such candidates or their agents as may be present and
desirous of affixing the same. The seal shall be affixed in such manner that it
is not possible to open it without breaking it.
(4)
The sealed box shall be
placed in full view of the Presiding Officer and the agents of the candidates.
(5)
As each voter enters the
polling station the Presiding Officer or Polling Officer authorised by him
shall check the name and other particulars of every voter with relevant entry
in the list of voters.
[(5-A)
In the case of a firm, corporation or co-operative society qualified to vote in
a traders' constituency [x
x x x x], the person nominated by it to vote on its behalf who produces the
necessary authority containing the seal, if any, of the firm, corporation or
society, may be permitted to vote on its behalf.]
(6)
In deciding the right of a
person to obtain a ballot paper the Presiding Officer or Polling Officer, as
the case may be, shall overlook merely clerical or printing errors in an entry
in the list of voters if he is satisfied that such person is identical with the
voter to whom such entry relates.
(7)
Vote shall be given by
ballot and in person and no vote shall be received by proxy.
(8)
Every voter wishing to vote
shall be furnished with a ballot paper in [Form
18] and before a ballot paper is handed over the Polling Officer shall.--
(i)
initial it on the back;
(ii)
enter the voter's number in
the voters' list in the counterfoil of the ballot paper, and
(iii)
affix his initials against
the voter's name in the voters' list.
(9)
The voter on receiving the ballot
paper, shall forthwith [proceed
to one of the polling booths set up in the polling station and there make a
mark on the ballot paper with the instrument supplied for the purpose] against
the name of the candidate or candidates for whom he desires to vote, fold the
ballot paper and insert into the ballot box.
(10)
If the voter is blind or
infirm or is unable to recognise the symbols on the ballot paper or to make a
mark thereon, fee Presiding Officer shall record the vote on the ballot paper
in accordance with the wishes of the voter and take his thumb impression and
attest it. The Presiding Officer while acting under this sub-rule shall observe
as much secrecy as is feasible and shall keep a brief record of each such
instance without indicating the manner in which vote has been given.
(11)
Special facilities, in
accordance with the instructions, if any, issued by the Deputy Commissioner in
that behalf, may be accorded to women voters.
Rule - 25. Tendered votes.--
(1)
If a person representing
himself to be particular voter applies for a ballot paper after another person
has already voted as such voter, he shall, on satisfactorily answering such
questions relating to his identity as the Presiding Officer may ask, be entitled,
subject to the following provisions of this Rule, to make a ballot paper
(hereinafter in these Rules referred to as a "tendered vote") in the
same manner as any; other voter.
(2)
Every such person shall,
before being supplied with a tendered vote, sign his name against the entry
relating to him in a list in [Form
20].
(3)
A tendered vote shall be the
same as the other ballot papers used at the polling except that it shall be.--
(a)
serially the last in the
bundle of ballot papers issued for use at the polling station; and
(b)
endorsed on the back with
the words "tendered vote" by the Presiding Officer in his own hand
and signed by him.
(4)
The voter, after marking a
tendered vote and folding it, shall instead of putting it into the ballot box,
give it to the Presiding Officer, who shall place it in a cover specially
placed before the office for the purpose.
Rule - 26. Challenging of identity.--
(1)
Any polling agent may
challenge the identity of a person claiming to be a particular voter by first
depositing a sum of two rupees in cash with the Presiding Officer for each such
challenge.
(2)
On such deposit being made,
the Presiding Officer shall.--
(a)
warn the person challenged
of the penalty for personation;
(b)
read the relevant entry in
the voters' list in full and ask him whether he is the person referred to in
that entry;
(c)
enter his name and address
in the list of challenged votes in [Form
21]; and
(d)
require him to affix his
signature in the said list.
(3)
The Presiding Officer shall
thereafter hold a summary inquiry into the challenge and may for that
purpose.--
(a)
require the challenger to
adduce evidence in proof of the challenge and the person challenged to adduce
evidence in proof of his identity;
(b)
put to the person challenged
any questions necessary for the purpose of establishing his identity and
require him to answer them on oath; and
(c)
administer an oath to the
person challenged and any other person offering to give evidence.
(4)
If, after the inquiry, the
Presiding Officer considers that the challenge has not been established, he
shall allow the person challenged to vote; and if he considers that the
challenge has been established, he shall debar the person challenged from
voting.
(5)
If the Presiding Officer is
of the opinion that the challenge is frivolous or has not been made in good
faith, he shall direct that the deposit made under sub-rule (1) be forfeited to
Government, and in any other case, he shall return it to the challenger at the
conclusion of the inquiry.
Rule - 27. Spoilt and returned ballot papers.--
(1)
A voter who has
inadvertently dealt with his ballot paper in such manner that it cannot be
conveniently used as a ballot paper may, on returning it to the Presiding
Officer and on satisfying him of the inadvertence, be given another ballot
paper, in place of the spoilt one and the ballot paper so returned together
with its counterfoil shall be marked "Spoilt-Cancelled" by the
Presiding Officer.
(2)
If a voter after obtaining a
ballot paper decides not to use it, he shall return it to the Presiding Officer
and the ballot paper so returned shall be marked as "Returned:
Cancelled" by the Presiding Officer.
(3)
All ballot papers cancelled
under sub-rules (1) and (2) shall be kept in a separate packet.
Rule - 28. Closing of poll.--
(1)
The Presiding Officer shall
close a polling station at the hour fixed in that behalf under clause (e) of
Rule 7 and shall not thereafter admit any voter into the polling station:
Provided, that all
voters present at the polling station before it is closed shall be allowed to
cast their votes.
(2)
If any question arises
whether a voter was present at the polling station before it was closed, it
shall be decided by the Presiding Officer and his decision shall be final.
(3)
If for any reason, it is not
possible to open a polling station at the fixed hour or if by reason of
disorder at the polling station or for any other sufficient reason, polling for
a certain time has to be stopped, the Presiding Officer shall after recording
the reasons and informing the same to the candidates or their agents, if any,
keep the polling station open for a further period equal to that which lapsed
between the hour appointed for the opening of the polling station and the hour
at which it was actually opened or the time during which the polling was
stopped, as the case may be.
Rule - 29. Sealing of ballot boxes after poll.--
(1)
As soon as practicable after
the closing of the poll, the presiding officer shall close the slit of the
ballot box, and where the box does not contain any mechanical device for
closing the slit, he shall seal up the slit and also allow any polling agent
present to affix his seal.
(2)
The ballot box shall
thereafter be sealed and secured.
(3)
Where it becomes necessary
to use a second ballot box by reason of the first ballot box getting full, the
first box shall be closed, sealed and secured as provided in sub-rule (1)
before another ballot box is put into use.
Rule - 30. Account of ballot papers.--
The Presiding Officer
shall at the close of the poll, prepare a ballot paper account in [Form
22] and enclose it in a separate cover with the words "Ballot Paper
Account" superscribed thereon.
Rule - 31. Sealing packets.--
(1)
The presiding officer shall
then make into separate packets.--
(a)
the keys of the ballot
boxes;
(b)
the unused ballot papers;
(c)
spoilt ballot papers;
(d)
returned ballot papers;
(e)
tendered votes;
(f)
tendered voters' list;
(g)
list of challenged votes;
(h)
marked copies of electoral
roll;
(i)
ballot paper account,
(j)
counterfoils of the ballot
papers; and
(k)
any other papers directed by
the Returning Officer to be kept in a sealed packet.
(2)
Each such packet shall be
sealed with the seals of the Presiding Officer and of those candidates or
polling agents present who may desire to affix the seals thereon.
(3)
The Presiding Officer then
shall deliver to the Returning Officer the Packets referred to in sub-rule (1)
along with the ballot box accompanied by a statement. Each packet shall be
numbered and shall bear a note as to its contents.
Rule - 32. Adjournment of poll in emergencies.--
(1)
If at an election the
proceedings at any polling station are interrupted or obstructed by any riot or
open violence, or if at an election it is not possible to take the poll at any
polling station on account of any natural calamity, or any other sufficient
cause, the Presiding Officer for such polling station or the Returning Officer
shall inform the candidates or their agents in writing about the same and
announce an adjournment of the poll to a date to be notified later, and where
the poll is so adjourned by a Presiding Officer, he shall forthwith inform the
Returning Officer concerned.
(2)
Whenever a poll is adjourned
under sub-rule (1) the Returning Officer shall immediately report in writing
the circumstances to the Deputy Commissioner and the [Director
of Agricultural Marketing] and the candidates concerned and shall as soon as
may be, appoint the date on which the poll shall re-commence and fix the
polling station at which and the hours during which the poll will be taken and
shall not count the votes cast at such election until such adjourned poll shall
have been completed.
(3)
In every such case as
aforesaid, the Returning Officer in such manner as he may deem fit shall notify
the date, place and hours of polling fixed under sub-rule (2).
Rule - 33. Procedure on adjournment of poll.--
(1)
If the poll at any polling
station is adjourned under Rule 32, provisions of Rules 29 to 31 shall, as far
as practicable, apply as if the poll was closed at the hour fixed in that
behalf under item (2) of Rule 7.
(2)
When an adjourned poll is
recommended under sub-rule (2) of Rule 32, the voters who have already voted at
the poll so adjourned shall not be allowed to vote again.
(3)
The Returning Officer shall
provide the Presiding Officer at the polling station at which such adjourned
poll is held, with the sealed packet containing the marked copy of the list of
the voters and a new ballot box.
(4)
The Presiding Officer shall
open the sealed packet in the presence of the polling agents present and use
the marked copy of the list of voters for recording the serial numbers of the
ballot papers issued to voters at the adjourned poll.
(5)
The provision of the Act and
these Rules shall apply to every such recommended poll as they apply to the
original poll.
Rule - 34. Fresh poll in the case of destruction, etc., of ballot boxes.--
(1)
If at any election.--
(a)
any ballot box used at a
polling station is unlawfully taken out of the custody of the Presiding Officer
or the Returning Officer or is accidentally or intentionally destroyed or lost,
or is damaged or tampered with, to such an extent, that the result of the poll
at that polling station or place cannot be ascertained, or
(b)
any such error or
irregularity in procedure as is likely to vitiate the poll is committed at a
polling station, the Presiding Officer shall forthwith report the matter to the
Returning Officer.
(2)
Thereupon, the Returning
Officer, shall after taking all material circumstances into account, either;
(a)
declare the poll at that
polling station to be void, appoint a day, fix the hours for taking a fresh
poll at that polling station and notify the day so appointed and the hours so
fixed in such manner as he may deem fit, or
(b)
if satisfied that the result
of a fresh poll at that polling station will not, in any way, affect the result
of the election of that the error or irregularity in procedure is not material,
issue such directions to the Presiding Officer under intimation to the
candidate or his agents as he may deem proper for the further conduct and
completion of the election.
(3)
The provision of the Act and
these rules shall apply to every such fresh poll as they apply to the original
poll.
Rule - 35. Counting of votes.--
On the day and at the
place and time fixed under clause (f) of Rule 7 for the counting of votes and
in the presence of candidates and their agents present, the Returning Officer
shall proceed as follows.--
(1)
Before any ballot box is
opened at a counting table, the candidate or their agents shall be allowed to
inspect the paper seal or such other seal as might have been affixed thereon
and to satisfy themselves that it is intact.
(2)
The Returning Officer shall
satisfy himself that none of the ballot boxes has in fact been tampered with.
(3)
If the Returning Officer is
satisfied that any ballot box has in fact been tampered with, he shall not
count the ballot papers contained in that box and shall follow the procedure
laid down in Rule 34.
(4)
The ballot box or boxes
relating to each polling station shall be opened one after another in the order
of the number assigned to the polling booths and the Returning Officer shall
take out the ballot papers there from, count them or cause them to be counted
and record the number thereof in a statement in [Form
23].
(5)
The Returning Officer shall
reject a ballot paper.--
(a)
if it bears any mark or
writing by which the voter can be identified, or
(b)
[if
it bears no mark at all to indicate the vote or bears a mark made otherwise
than with the instrument supplied for the purpose; or
(bb)
if the mark indicating the vote thereon is placed in such a manner as to make
it doubtful to which candidate the vote has been given; or]
(c)
if votes are given on it in
favour of more than the number of candidates for whom votes should be given; or
(d)
if it is a spurious ballot
paper; or
(e)
if it is so damaged or
mutilated that its identity as a genuine ballot paper cannot be established; or
(f)
if it bears a serial number,
or is of a design different from the serial numbers or as the case may be, design
of the ballot papers, authorised for use at the particular polling station; or
(g)
if it does not bear the
initials of the polling officer:
Provided that where
the Returning Officer is satisfied that any such defect as is mentioned in
clause (f) or clause (g) has been caused by. any mistake or failure on the part
of a Presiding Officer or Polling Officer, the ballot paper shall not be
rejected merely on the ground of such defect:
Provided further that
a ballot paper shall not be rejected merely on the ground that the mark
indicating a vote is indistinct or made more than once, if the intention that
the vote shall be for a particular candidate clearly appears from the way the
paper is marked.
(6)
Before rejecting any ballot
paper under sub-rule (5), the Returning Officer shall allow the candidate or
his agent present a reasonable opportunity to inspect the ballot paper but
shall not allow him to handle it or any other ballot paper.
(7)
The Returning Officer shall
record on every ballot paper which he rejects the word "Rejected"/and
briefly record the ground for rejection.
(8)
All ballot papers rejected
under this Rule shall be bundled together.
(9)
The votes recorded on every
ballot paper which is not rejected under sub-rule (5) shall be counted:
Provided that no cover
containing tendered votes shall be opened and no such paper shall be counted.
(10)
(A vote recorded on a valid
ballot paper shall be rejected if the mark indicating the vote or votes thereon
is placed on the ballot paper in such a manner as to make it doubtful to which
candidate the vote or votes, has or have been given:
Provided that where a
voter has more votes than one, the vote or votes other than the rejected vote
shall be duly counted.
Rule - 36. Counting to be continuous.--
The Returning Officer
shall, as far as practicable, proceed continuously with the counting of votes
and shall, during any necessary interval when the counting has to be suspended,
place the ballot papers, packets and all other documents relating to the
election under his own seal and seals of such candidates or their agents as may
desire to affix them; and shall take adequate precaution for safe custody of
said articles.
Rule - 37. Declaration of results.--
(1)
After completing the
scrutiny and counting of votes, the Returning Officer shall prepare a return of
the result of the election in [Form
24] verify the totals of the votes with the figures in [Forms
22 and 23] declare such number of candidates equal to the number of seats in
that constituency as have secured the highest number of votes in the descending
order to be duly elected.
(2)
Any candidate or his agent
shall on application be permitted to take a copy or an extract of the return in
[Form
24].
Rule - 38. Returning Officer not to open the sealed packets.--
The Returning Officer
shall not open the sealed packets containing the tendered ballot papers or the
marked copies of the electoral roll or the counterfoils of the ballot papers.
Rule - 39. Procedure at election when equality of votes exists.--
If, when a poll has
been taken at an election an equality of votes is found to exist between any
two or more candidates and the addition of one vote will entitle any of the
candidates to be declared elected, the Returning Officer shall after intimation
to the candidates, forthwith decide between those candidates, by lot in such
manner as the Returning Officer may determine to and proceed as if the
candidate on whom the lot falls had received an additional vote.
Rule - 40. Election papers to be forwarded to Deputy Commissioner.--
(1)
The Returning Officer shall
in separate sealed packets forward to the Deputy Commissioner all papers
relating to election including.--
(a)
the ballot papers counted as
valid;
(b)
the ballot papers rejected
as invalid;
(c)
the unused ballot papers;
(d)
counterfoils of ballot papers;.
(e)
the spoiled ballot papers;
(f)
tendered ballot papers;
(g)
the returned ballot papers;
(h)
tendered voters' list;
(i)
account of ballot papers;
(j)
list of challenged votes;
and
(k)
the marked copy of the
electoral roll.
(2)
Each packet shall bear a
note as to its contents.
Rule - 41. Election of the Representative of the Co-operative Marketing Societies and Agricultural Co-operative Processing Societies.--
(1)
[[x
x x x x.]
[(1-A)
The member of the committee of management of Co-operative Marketing Societies
and Agricultural Co-operative Processing Society operating within the Market
area shall elect one representative each on their behalf to serve on the market
committee before the date fixed by the Deputy Commissioner in this behalf:
Provided that, where
there is more than one Co-operative Marketing Society or Agricultural
Co-operative Processing Society operating in the market area, all the members
of the committee of management of both classes of societies shall elect one
representative each to serve on the market committee before the date fixed by
the Deputy Commissioner in this behalf.]
(2)
[x
x x x x.]
(3)
[x
x x x x.]
Rule - 42. Casual vacancies.--
The provision for the
election of or nomination of members of the Committee shall mutatis mutandis be
applicable for the purpose of filling up of casual vacancies of members of the
committee.
Rule - 43. Custody and destruction of voting papers.--
(1)
Subject to the provisions of
sub-rule (2) the Deputy Commissioner shall keep in safe custody the packets
forwarded to him under [Rule
40] and all other papers relating to the election.
(2)
On the expiry of three
months from the date of publication of the names of elected members of the Committee
under Section 27 or one month after the disposal of election petition or
appeal, if any, whichever is later, all the papers relating to the election
shall be destroyed in the presence of the Chairman or Vice-Chairman or such
Officer as the Committee may appoint in this behalf, on the date fixed by the
Deputy Commissioner or any other Officer authorised by the Deputy Commissioner
in this behalf.
Rule - 44. Prescribed officer for election of Chairman, etc.--
(1)
[[For
purposes of Section 41, the Tahsildar of the Taluk in which the market yard is
situated shall be the Prescribed Officer and he shall be the Presiding Officer
also.]
(2)
[Every
member who wishes to vote shall be supplied with a ballot paper in Form 25.]
Rule - 44-A. Nomination of candidate.--
[x
x x x x]
Rule - 44-B. Procedure on receipt of nomination paper.--
[x x x x x.]
Rule - 44-C. Scrutiny of nominations.--
[x x x x x.]
Rule - 44-D. Withdrawal of candidature.--
[x x x x x.]
Rule - 44-E. Procedure in contested and uncontested elections.--
[x x x x x.]
Rule - 44-F. Votes to be taken at a meeting.--
[x x x x x.]
Rule - 44-G. Procedure for the conduct of elections.--
[x x x x x.]
Rule - 44-H. Counting of votes.--
[x x x x x.]
Rule - 44-I. Record of proceedings.--
[x x x x x.]
Rule - 44-J. Sealing and custody of election papers.--
[x x x x x.]
PART
III
CHAIRMAN,
VICE-CHAIRMAN, OFFICERS AND SERVANTS OF THE COMMITTEE, THEIR FUNCTIONS AND
POWERS
Rule - 45. Validity of election.--
(1)
Any member of the committee
may challenge the validity of the election of the Chairman or the
Vice-Chairman, as the case may be, within seven days from the [declaration
of the result of election under Section 41] by filing an election petition,
containing a concise statement of materials on which he relies together with a
deposit of two hundred rupees as security for costs.
(2)
The District Judge shall,
after such enquiry as he deems necessary, and after giving the parties an
opportunity of being heard in the matter pass an order (i) dismissing the petition,
or (ii) declaring the election of the returned candidate to be void, or (iii)
declaring the election of the returned candidate to be void and the petitioner
or any other candidate to have been duly elected.
(3)
The procedure provided in
the Code of Civil Procedure, 1908 in regard to suits shall be followed by the
District Judge as far as it can be made applicable in the trial and disposal of
an election petition.
(4)
If the District Judge sets
aside the election of the Chairman or the Vice-Chairman he shall forthwith
communicate the fact by sending a copy of his order to the [Director
of Agricultural Marketing] who shall issue necessary instruction for holding a
fresh election as early as possible.
Rule - 46. Assumption of charge by Chairman or Vice-Chairman.--
The member elected as
Chairman or the Vice-Chairman, as the case may be, shall enter upon his duties
immediately after the [declaration
of the result of election under Section 41.]
Rule - 46A. Honorarium to the Chairman of the market committee.--
[The
Chairman of a market committee shall be paid an honorarium at the rates
specified below.
The market committee
whose average gross receipts by way of market fees and licence fees during the
preceding three years is.--
|
|
|
Rs.
|
|
(a)
|
below rupees twenty-five lakhs
|
500 p.m.
|
|
(b)
|
above rupees twenty-five lakhs and
below rupees fifty lakhs
|
750 p.m.
|
|
(c)
|
rupees fifty lakhs and above
|
1,000 p.m.
|
Provided that the
honorarium payable to the Chairman of a newly constituted Agricultural Produce
Market Committee bifurcated market committee and amalgamated market committee
shall be Rs. 500 + per month during first year and thereafter on the basis of gross
annual income of the preceding year up to two years.]
Rule - 47. Casual vacancy in the office of the Chairman or Vice-Chairman.--
The provisions for the election of Chairman or Vice-Chairman of the committee
shall mutatis mutandis be applicable for the purposes of holding election under
sub-section (3) of Section 41.
Rule - 48. Term of Office of Chairman, Vice-Chairman elected to fill a casual vacancy.--
Every Chairman or Vice-Chairman of the market committee elected to fill a
casual vacancy, shall hold office so long only as the Chairman or Vice-Chairman
[x
x x x] in whose place he is elected would have held it, if the vacancy had not
occurred.
Rule - 49. Motion of no-confidence against Chairman or Vice-Chairman.--
(1)
Notice of a motion of
no-confidence against the Chairman or Vice-Chairman of the committee shall be
in writing addressed to the Secretary in [Form
27] signed by the member of the committee who intends to move the motion and
shall contain the signatures of not less than one-thirds of the total number of
members of the committee supporting the notice. In case the motion of
no-confidence is against both the Chairman and Vice-Chairman, separate notices,
one in respect of the Chairman and the other in respect of the Vice-Chairman
shall be given in the manner aforesaid.
(2)
On receipt of the [notice]
under sub-rule (1) the Secretary shall intimate the same to the [Director
of Agricultural Marketing.]
(3)
In the meeting of the
committee in which a motion of no-confidence is for consideration, while such
motion is being considered.--
(i)
The Vice-Chairman if the
motion of no-confidence is against the Chairman;
(ii)
The Chairman if the motion
of no-confidence is against the Vice-Chairman; and
(iii)
[the
Director of Agricultural Marketing or an Officer authorised by him, if a motion
of no-confidence is moved both against the Chairman and the Vice-Chairman;
shall preside.]
(4)
Save as otherwise provided
in the Act, a meeting convened for the purpose of considering a motion under
this Rule shall not for any reason be adjourned.
(5)
The Secretary shall communicate
forthwith to the [Director
of Agricultural Marketing], the decision taken by the committee on any motion
of no-confidence together with the names of all the members of the committee
present at the meeting and number of votes given in favour of or against such
motion. He shall also forward at the same time to each member present at the
meeting a copy of the motion and the result of the voting thereon.
Rule - 50. Duties and powers of the Secretary.--
(1)
Subject to the provisions of
the Act, the Secretary shall be, the Chief Executive Officer of the committee
and shall carry out the resolutions and the directions of the committee from
time to time.
(2)
The Secretary shall maintain
proper accounts of all moneys received or expended for or on behalf of the
committee.
[(2-A)
The Secretary may execute contracts or agreement on behalf of the Market
Committee where the amount or value of such contract or agreement does not
exceed one lakh rupees regarding matters in respect of which he is generally or
specially authorised to do so by a resolution of the market committee.]
(3)
The Secretary shall conduct
all correspondence of the committee and attend to office work.
(4)
The Secretary shall maintain
records of all disputes which come up for decision before the arbitrators and
the Disputes Committee in the form prescribed in the bye-laws.
(5)
The Secretary shall be
responsible for proper weighment, delivery, payment and all other matters
relating to marketing of agricultural produce within the market area.
(6)
The Secretary shall have
power to sanction casual leave and earned leave for a period not exceeding
thirty days at a time to all officers and servants of the committee. Earned leave
exceeding thirty days and all other kinds of leave will have to be sanctioned
by the [Assistant
Director of Agricultural Marketing] or such other officer as may be authorised
by the [Director
of Agricultural Marketing] in this behalf.
(7)
The Secretary shall advise
the committee and its Chairman in the light of the provisions of the Act, rules
and bye-laws and the previous decisions or directions of the committee.
(8)
The Secretary shall
supervise all construction works in the market yard in addition to the
technical supervision by the engineering staff, if any.
(9)
If any decisions of the
committee or the directions of the Chairman or Vice -Chairman are found to be
contrary to the Act, rules and bye-laws the Secretary, before giving effect to
the same, shall refer the matter for orders to the [Director
of Agricultural Marketing] or such other officer authorised by him. The [Director
of Agricultural Marketing] or such other officer after giving an opportunity to
the committee or Chairman or Vice-Chairman to be heard, shall give a decision
and such decision shall be final.
(10)
[(The
Secretary shall be the ex officio Secretary of the Disputes Committee.
(11)
The Secretary shall furnish
to the committee particulars of contraventions, if any, of the provisions of
the Act, the rules or the bye-laws by a market functionary and the action, if
any, taken thereon as soon as may be after such contravention.]
PART
IV
Rule - 51. Meeting of the committee.--
(1)
Every meeting of the
committee, other than those referred to in Rule 49 shall be convened as laid
down under Section 48.
(2)
A copy of the notice
convening every meeting shall be sent to the [Director
of Agricultural Marketing] or any other officer authorised by him in this
behalf.
(3)
The [Director
of Agricultural Marketing] or any officer authorised by him shall be entitled
to attend any meeting to the committee, but he shall have no right to vote.
Rule - 52. Copy of the proceedings of the meeting.--
A copy of the proceedings of every meeting of the market committee shall be forwarded
to the [Director
of Agricultural Marketing] or any officer authorised by him in this behalf and
to the members of the committee within fifteen days from the date of meeting.
Rule - 53. Copies of documents or entries in the books of the market committee to be certified.--
Copies of documents or entries in the books of the committee, which are not of
confidential nature certified by the Secretary under the seal of the committee shall
be granted on payment of [such
fees as specified below.--
|
(a)
|
for copying and comparing hundred
words or part thereof
|
50 paise
|
|
(b)
|
for copying and comparing every folio
or part thereof, of documents in tabular
|
|
|
|
forms
|
55 paise
|
|
(c)
|
for copies granted in printed form
|
10 paise per folio or part thereto
|
Rule - 54. Up-to-date copy of Act, Rules, etc., to be maintained.--
(1)
[Every
committee shall maintain an up-to-date copy of the Act, rules, bye-laws and
notifications issued hereunder in the office of the committee and make them
available to the public for perusal.
(2)
Printed copies of the
bye-laws shall be sold at such reasonable price as may be fixed by the
Committee shall grant certified copies of the amendments thereto on payment of
fees of thirty paise for every hundred words or part thereof.]
Rule - 55. Settlement of disputes.--
(1)
[(a)
The panel of arbitrators appointed under sub-section (1) of Section 84 shall
consist of not more than forty persons and as far as possible, fifty per cent
of them shall be agriculturists, twenty-five per cent shall be traders, and twenty-five
per cent shall be commission agents. The appointment shall be for a period of
one year, but the panel shall continue until the next panel of arbitrators are
appointed:
Provided that the
committee may at any time for reasons to be recorded in writing remove any
person from the panel and appoint another person in his place for the unexpired
term of the person so removed.
(b) The
committee shall appoint a Disputes Committee consisting of.--
(i)
the Vice-Chairman of the
committee;
(ii)
three representatives of
agriculturists other than the Chairman;
(iii)
one representative of
traders;
(iv)
one representative of
commission agents; and
(v)
one representative of
co-operative societies.]
(2)
The Vice-Chairman of the
committee shall be the ex officio Chairman of the Disputes Committee. In the
absence of the Vice-Chairman [a
person selected by the Disputes Committee from among themselves] shall preside
over the meetings.
(3)
[(i)
When a dispute referred to in sub-section (1) of Section 84 arises, the
Secretary shall, by mediating ascertain whether the parties can mutually arrive
at a settlement of the dispute and if they so arrive at a settlement, the same
shall be reduced into writing which shall be signed by the parties.
(ii)
If the parties cannot mutually arrive at a settlement, the complaining party
shall credit to the committee such fee, within such period after the date of
service of notice by the Secretary in that regard, as may be specified in the
bye-laws. If he fails to credit the fees within the specified time his claim
shall be deemed to have been rejected. As soon as the fee is paid, the
Secretary shall require the parties to the dispute by a notice in writing to
select within such time as may be specified in the bye-laws one arbitrator each
from the panel of arbitrators who is and willing to act as such.
(iii)
If either of the selected arbitrators neglects or refuses to act, or has become
incapable of acting or dies, the Secretary shall require the party who selected
such arbitrator to select within such time as may be specified in the bye-laws,
a new arbitrator who is ready and willing to act as such in his place.
(iv)
Save as provided in clause (vii) if one party to the dispute fails to select an
arbitrator, either originally or by way of substitution as aforesaid within the
time specified for the purpose in the bye-laws.--
(a)
if such party happens to be
the complaining party, his claim shall be deemed to have been rejected;
(b)
if such party happens to be
the opposing party and the complaining party has selected the arbitrator within
the time specified for the purpose in the bye-laws, the arbitrator selected by
the complaining party shall act as sole arbitrator and his award shall be
binding on both parties as if he had been appointed by consent.
(v) The
arbitrator or arbitrators selected by the parties shall be informed of the
dispute by the Secretary and he or they shall make an award within such time as
may be specified in the bye-laws and subject to clause (vi) the award so made
shall be final.
(vi)
An appeal shall lie against the award of the arbitrator or arbitrators to the
Disputes Committee and shall be filed within a period of seven days from the
date of communication of the award to the parties.
(vii)
A dispute shall be referred to the Disputes Committee by the Secretary if.--
(a)
either of the disputants
reports to the Secretary within the time specified in the bye-laws for the
selection of arbitrators, that he is unable to select an arbitrator who is
ready and willing to act as such; or
(b)
if the arbitrators fail to
make an award within the time specified in the bye-laws; or
(c)
if the arbitrators inform
the secretary in writing that they cannot agree.
(viii)
If a member of the Disputes Committee is a party to the dispute or is
interested in any of the parties to a dispute before the Disputes Committee, he
shall not participate in the proceedings relating to the said dispute. For the
purpose of the said dispute, the Committee may appoint another person as a
member of the Disputes Committee.
(ix)
The Disputes Committee shall make their award within such time as may be
specified in the bye-laws. If no award is made within such time or if the
Disputes Committee is of opinion that the parties may be directed to approach a
Court of law to establish their respective rights, the Secretary shall report
the matter to the Committee which shall accord sanction to the parties to
approach a Court of law.
(x) An
award made by the sole arbitrator, the arbitrators or the Disputes Committee,
as the case may be, shall provide for costs of the proceedings and shall be
prepared in quadruplicate. All copies of the award made by the sole arbitrator
or the arbitrators, as the case may be, shall be signed by the sole arbitrator
or the arbitrators, as the case may be. All copies of the award made by the
Disputes Committee shall be signed by the Chairman or the member, as the case
may be, presiding over the meeting or meetings of the Disputes Committee at
which the dispute was settled. One copy each shall be sent to the parties to
the dispute and the remaining copies shall form part of the record.]
(4)
No business shall be
transacted at a meeting of Disputes Committee unless there be present at least
three members.
(5)
All questions which may come
up before the Disputes Committee at a meeting shall be decided by a majority of
votes of the members present and voting. In case of equality of votes, the
Chairman of the Disputes Committee or the member presiding over the meeting, as
the case may be, shall give an additional or casting-vote.
(6)
The decision of the Disputes
Committee shall be final.
(7)
[The
provisions of Sections 14, 15, 16, 17, 18, 41 and 43 of the Arbitration Act,
1940 (Central Act X of 1940) shall, as far as they are not inconsistent with
the provisions of the Act, these rules and the bye-laws, apply to arbitrations
under Section 84.]
Rule - 56. Powers of the market committee to write off.--
The committee shall before writing off any fee or other amount whatsoever due
to it, obtain the sanction of.--
(i)
The [Director
of Agricultural Marketing], if such fee or amount exceeds one hundred rupees
but does not exceed five hundred rupees, and
(ii)
The Government if such fee
or amount exceeds rupees five hundred.
Rule - 57. Duties of the market committee.--
The committee shall furnish all information which the [Director
of Agricultural Marketing], or any other officer duly authorised by him in this
behalf may require. In addition to the duties prescribed by the Act the
committee shall also be responsible for.--
(1)
the maintenance of proper checks
on all receipts and payments by its Officers;
(2)
the proper execution of all
works chargeable to the market committee funds;
(3)
maintaining register of
arrivals into the market;
(4)
maintaining a register of
fees collected;
(5)
taking security from its
Officers and Servants;
(6)
providing persons authorised
to collect fees, a money box and counterfoil receipt books;
(7)
providing badges to
weighmen, hamals, cartmen and peons;
(8)
having plans and estimates
prepared for works;
(9)
keeping accounts in such forms
as may be directed by the [Director
of Agricultural Marketing], or the Officer authorised by him;
(10)
publishing a statement of
assets and liabilities;
(11)
securing check on receipts
and expenditure;
(12)
regulating expenditure
according to budget;
(13)
preparing and adopting
budget for the ensuing year;
(14)
providing Marketing
information;
(15)
arranging for temporary
storage or stocking of notified crops; and
(16)
doing all such other things
as may from time to time be necessary for the efficient working of the
committee.
Rule - 58. References.--
All correspondence by
the committee with the Government shall be made through the [Director
of Agricultural Marketing].
Rule - 59. Appeal against an order of the committee and Chairman.--
Appeal under
sub-section (2) of Section 89 shall be made within thirty days from the date of
communication of such order.
PART
V
MARKET
FUND, EXPENDITURE AND ACCOUNTS
Rule - 60. Market Fund.--
All expenditure
incurred by the committee under or for the purposes of this Act shall be
defrayed out of the Market Fund and any surplus remaining at the close of each
Market Year after such expenditure has been met shall be credited to the
permanent fund of the committee within three months of the close of the year
and it shall be used only towards incurring the expenditure of a permanent
nature, such as, construction of buildings, acquisition of lands or purchase of
sites or such other purposes as the [Director
of Agricultural Marketing], may specify, subject to the provisions of Section
90(3) of the Act.
Rule - 60-A. Short-term advance to the producer-seller.--
(1)
[(A
Market Committee having an annual income exceeding rupees five lakhs by way of
market fee and licence fee, and having ratproof, rodentproof, leakproof and
dampproof godown facilities of its own, may provide short-term advances to the
producer-sellers under sub-clause (x) of clause (b) of sub-section (2) of
Section 63:
Provided that the
Market Committee shall, before implementing the scheme of short-term advance
referred to in sub-rule (1), apply to the Director of Agricultural Marketing
for his approval, who shall after satisfying himself that such market committee
has required fund and possesses godown facilities, may give approval to such
market committee,
(2)
The Market Committee shall,
before the start of every market year obtain from the Assistant Executive
Engineer, Market Development Project a certificate regarding fitness of its
godown for storing goods.
(3)
The amount which may be
earmarked by a market committee for giving such advance during a market year
shall not exceed ten per cent of its income by way of market fee and licence
fee realised during the previous year. The amount so earmarked shall be kept in
a separate account called "Fund for short-term advance to producer-sellers".
No amount from this fund shall be utilised for a purpose other than for payment
of short-term advances to the producer-sellers.
(4)
Every producer-seller
intending to avail the advance under this rule shall make an application in
Form 27-A along with [the
agricultural credit pass book issued under Section 4 of the Karnataka
Agricultural Credit Pass Book Act, 1984 (Karnataka Act 2 of 1985).]
[Note.--.x
x x x x.]
(5)
The amount of advance shall
not exceed sixty per cent of the prevailing market value of the produce pledged
in favour of the market committee, subject to a maximum of [rupees
fifty thousand in each case.
(6)
A register of advances shall
be maintained and every advance made under this rules shall be recorded in that
Register quoting the order of the Loan Sanctioning Authority.
(7)
The Market Committee shall,
while giving advance under this rule give preference to small and marginal
farmers who are identified as such by the Revenue Authority or Zilla Parishads.
(8)
The period of advance shall
not exceed ninety days from the date of pledging of the produce.
(9)
No interest shall be charged
on the advance for a period of first thirty days from the date of disbursement
of the advance under sub-rule (1) and thereafter interest shall be charged [at
the rate specified in the table below] till the date of release or disposal of
the produce under sub-rule (10) or (16).
|
Sl.
No.
|
Amount
|
Rate of Interest
|
|
1.
|
Up to Rs. 10,000/-
|
8 per cent per annum
|
|
2.
|
Rs. 10,000/- and above, but below Rs.
25,000/-
|
10 per cent per annum
|
|
3.
|
Rs. 25,001/- and above, but below Rs.
50,000/-
|
12.5 per cent per annum]
|
[(9-A)
For the purpose of providing advance under this-Rule the Market Committee may
with the prior approval of the Director of Agricultural Marketing borrow money
from any scheduled Bank or District Central Co-operative Banks for which the
Karnataka State Agricultural Marketing Board shall stand guarantee:
Provided that in the
case of money borrowed from scheduled Banks or District Central Co-operative
Banks, the Karnataka State Agricultural Produce Marketing Board shall bear the
difference of interest between the prevailing Bank rate of interest and the
rate of interest as specified in sub-rule (9).]
(10)
The producer-seller who has
pledged the produce shall, within ninety days of the pledge get the produce
released after repaying the advance with interest thereon, failing which the
market committee may sell the produce by auction or by tender and pay the sale
proceeds to the producer-seller after deducting the advance amount and the
interest payable thereon and other expenses, if any.
(11)
The market committee shall
allow driage allowances, if any, at the same rate at which it is given by the
State Warehousing Corporation and Central Warehousing Corporation.
(12)
The amount of advance
sanctioned shall on execution of an agreement by the applicant in Form 27-B and
verification of the stock of the pledged produce, be disbursed to the applicant
by Cheque.
(13)
The Market Committee shall
insure at its cost the produce pledged under this rule. The Producer-seller who
has pledged the produce shall not be liable to pay godown rent, fumigation
expenses and such other expenses incurred in connection with storage.
(14)
The Secretary or any other
officer or servant authorised by him shall be in-charge of the godown. The
person in-charge of the godown shall draw two representative samples weighing
250 gms each of the produce brought for storage and seal the samples in the
presence of the producer-seller and also obtain his signature on the sample bag
or container, which shall be attended by the Secretary. The sealed sample shall
be kept in the custody of the secretary or any other officer authorised by him.
(15)
The Secretary shall after
due verification of the produce deposited in the godown issue a receipt in Form
27-C to the producer-seller.
(16)
Where a producer-seller
requests a Market Committee to arrange for sale of his produce either directly
or through any commission agent selected by him it shall arrange for sale
accordingly and pay the sale proceeds to him after deducting the amount due to
it.
(17)
No second advance shall be
sanctioned to any producer- seller unless the previous advance together with
interest if any, has been repaid.
(18)
The Market Committee shall
take adequate steps to safeguard the pledged produce against fire, theft and
such other risks, and arrange for periodical fumigation at the cost of the
Market Committee.
(19)
The Market Committee may
also accept warehouse receipts issued to a producer-seller by the Karnataka
State Warehousing Corporation or Central Warehousing Corporation and grant
short-term advance on the pledge of such receipt to an extent of sixty per cent
of the market value of the produce pledged subject to a maximum of ten thousand
rupees in each case.
(20)
If any dispute arises between
a Market Committee and a producer-seller in respect of grant of short-term
advance under this rule or recovery of amount given as advance or any matter
connected therewith shall be referred to the Director of Agricultural Marketing
or any officer authorised by him in this behalf and the decision of the
Director of Agricultural Marketing or the Officer so authorised shall be final.
Rule - 60-B. Grant of loans to the Co-operative Marketing Societies and Agricultural Co-operative Processing Societies.--
(1)
The Market Committee may
grant loans under sub-clause (viii-a) of clause (b) of sub-section (2) of
Section 63 to the Co-operative Marketing Societies and Agricultural
Co-operative Processing Societies not exceeding three times the Net Disposable
Resources (NDR) of such societies, but subject to a maximum of five per cent of
the income of the Market Committee by way of market fee and licence fee
realised during the preceding market year. The term of the loan shall not
exceed one year.
Explanation.-- For
the purpose of sub-rule (1), Net disposable resources shall be computed from
the particulars furnished in the latest balance sheet or audit report of the
Society in the following manner.?
|
|
Internal Resources
|
|
Commitments
|
|
(1)
|
Paid-up capital (including
|
1.
|
Minimum cash and bank
|
|
|
Government share capital
contribution. In case Government share capital contribution is meant only for
acquiring fixed assets, it should not be included in the interest resources
of the Society).
|
|
balances.
|
|
|
|
2.
|
Permanent security deposits.
|
|
|
|
3.
|
Investments in shares of the Bank and
other Co-operative Institutions.
|
|
|
|
4.
|
Investment out of own resources in
fixed assets.
|
|
(2)
|
Revenues.
|
5.
|
Intangible assets, if any.
|
|
(3)
|
Deposits, if any.
|
6.
|
Accumulated losses, if any.
|
|
(4)
|
Surplus, if any, in profit and loss
account.
|
|
|
|
|
Total A
|
|
Total B
|
Net Disposable Resources (NDR) = (A) - (B)
(2)
Application for a loan under
that rule shall be made in Form 27-D accompanied by following documents,
namely.--
(a)
The latest audit report on
the accounts of the society audited by the Director of Co-operative Audit or
any authority authorised by him;
(b)
The latest audited balance
sheet, trading and profit and loss accounts;
(c)
A summary of the financial
turnover and turnover of stocks in the previous co-operative year in respect of
the notified agricultural produces dealt with by the Co-operative Marketing
Society and Agricultural Co-operative Processing Society.
(d)
A summary of the latest
stock position in respect of each notified agricultural produce dealt with by
the society.
(3)
Market Committee may charge
interest on loans at the rates not exceeding the rate of interest charged by
the District Central Co-operative Bank and the Karnataka State Co-operative
Apex Bank on working capital sanctioned by them to co-operative marketing or
processing societies.
(4)
If there is a default in
repayment of loan, a penal interest shall be levied at the rate of two per cent
over and above the rate of interest charged under sub-rule (3).
(5)
Where a loan sanctioned under
this rule is found to have been used for a purpose other than the purpose for
which it is sanctioned, the Market Committee may recall the entire loan amount
with interest.
(6)
Market Committee shall not
sanction loan under this rule unless the society seeking such loan mortgages in
favour of the Market Committee its property worth the amount which shall not be
less than the loan amount plus an amount equal to forty per cent over and above
the loan amount:
Provided that the
Market Committee may grant loan under this rule without insisting for mortgage
of the property of a society, if repayment of such loan together with interest
is guaranteed by the State Government.
(7)
No second advance shall be
granted unless the previous advance is fully repaid.
Rule - 60-G. Providing infrastructural facilities outside the market yard, sub-market yard and market sub-yards.--
The Market Committee
may provide the following infrastructural facilities in the market area.--
(1)
Approach road to market
yard, sub-market yard and market sub-yard;
(2)
Construction of covered
auction platform or sale platforms;
(3)
Drying platform in the rural
markets;
(4)
Drinking water facility in
the rural markets;
(5)
Godowns in the market area;
(6)
Providing peg stones for
cattle in rural markets;
(7)
Common facility centres for
housing machinery for cleaning; grading and other post-harvest operations;]
Rule - 61. Expenditure.--
(1)
All payments except from
imprest shall be made by cheques.
(2)
[Cheques
of the value of five hundred rupees and below shall be signed jointly by the
Accountant or Accounts Clerk and the Secretary and all other cheques shall be
jointly signed by the Secretary and the Chairman or by the Vice-Chairman in the
absence of the Chairman:]
Provided that where
the Secretary is a Gazetted Officer, the Accountant and the Secretary shall be
competent to sign cheques up to the value of one thousand rupees [x
x x x x].
(3)
Every payment charged to the
Market Fund shall be supported by a bill and an order to pay the amount which
shall be expressed both in figures and words and every such order to pay shall
be signed by the Secretary after it has been approved by the committee,
except.--
(i)
for payment of salary and
allowances of officers and servants of the committee:
Provided that where
the Secretary is a Gazetted Officer, he shall be competent to draw not only his
salary but also the salary of the entire establishment of the committee.
(ii)
for the payment of works and
repairs which have been duly sanctioned by the [Director
of Agricultural Marketing.]
(iii)
for meeting urgent
expenditure not exceeding two hundred rupees for which there is budget
provision.
Rule - 62. Remittance to Treasury or Bank.--
All remittances to
the Treasury or Bank shall be accompanied by challans or deposit slips in
duplicate along with remittance register in [Form
28] The monthly or periodical statements of accounts furnished by the treasury
or bank, as the case may be, shall be regularly filed and made available for
audit and inspection.
Rule - 63. Pass book.--
The pass book shall
be got written up-to-date at least once a month by the Treasury or the Bank at
which the account is kept.
Rule - 64. Submission of budget.--
(1)
An annual budget estimate of
the income and expenditure of the committee for the ensuing market year shall
be prepared in [Forms
29-A and 29-B] by the Secretary and placed before the committee. The committee
shall meet during the first week of April each year to consider the budget.
After consideration and approval of the budget, the committee shall forward the
same to the 1[Director of Agricultural Marketing] not later than [15th
January each year.]
(2)
No provision for works and
repairs shall be included in the budget without the previous approval of the [Director
of Agricultural Marketing] if the estimated cost of it exceeds [the
maximum amount specified in column (2) of the table to Rule 71.]
(3)
The budget shall be
accompanied by the following statements in the prescribed forms.--
(a)
A statement in [Form
30] showing the details of the scales and salary of the establishment of the
committee provided for in the budget;
(b)
A statement in [Form
31] showing the details of the estimated expenditure on works proposed to be
undertaken during the year. No works for which plans and estimates have not
been previously prepared and sanctioned shall be included in the budget;
(c)
A statement in [Form
32] showing the loans obtained, the balance outstanding under each loan and the
amount to be discharged during the budget year on account of repayment of
principal and payment of interest;
(d)
A statement in [Form
33] showing the fixed contributions (to the Consolidated Fund) payable by the
committee.
(4)
If the committee fails to
adopt the budget estimates and forward it to the [Director
of Agricultural Marketing] on or before the time prescribed under sub-rule (1),
the Secretary shall prepare and forward the budget with statements referred to
in sub-rule (3) to the [Director
of Agricultural Marketing] shall be deemed to have been duly adopted by the
committee.
(5)
A statement of receipts and
expenditure of the previous market year shall be submitted to the [Director
of Agricultural Marketing] or any officer authorised by him, in this behalf,
not later than [30th
April of every year.]
(6)
No expenditure shall be
incurred unless the same is covered by budget grant or it can be met by
re-appropriation from the savings under other heads or by supplementary grant
from the available reserve approved by the 1[Director of Agricultural
Marketing] or any officer authorised by him:
Provided that in case
the budget is not received back by the committee duly sanctioned by the [Director
of Agricultural Marketing] or any other officer authorised by him before the
commencement of the new market year, the committee may incur expenditure as
provided for in the budget in respect of salary and other allowances of the
staff of the committee and other routine expenditure and if it is not approved
within one month from the date of commencement of the market year, it shall be
deemed to have been duly approved by the [Director
of Agricultural Marketing] or any other officer authorised by him.
Rule - 65. Accounts, audit and inspection.--
(1)
The accounts and records of
the committee shall be kept in the forms appended to these rules in Kannada or
English but not in any other language.
(2)
The accounts of the
committee shall be audited each year by the Auditors of the Department of
Marketing.
(3)
At the time of audit, the
Secretary or any other person authorised by the Chairman in this behalf shall
cause to be produced all accounts, registers, documents and other relevant
papers which may be called for by the Audit Officer for the purposes of audit.
Any explanation called for by such auditor for the settlement of any
discrepancy shall also be immediately furnished to him.
(4)
On receipt of audit report,
the committee shall either remedy the defects' or irregularities which may have
been pointed out in the report and send to the [Director
of Agricultural Marketing] or the officer authorised by him in this behalf,
within three months, a report of having done so or any explanation in regard to
such defects or irregularities as it may wish to give.
(5)
On receipt of such report or
explanation, the [Director
of Agricultural Marketing] or the authorised officer may in respect of all or
any of the matters discussed in the audit report.--
(a)
accept the report or
explanation given by the committee and order the withdrawal of objection; or
(b)
direct that the matter be
re-investigated at the time of next audit or at any earlier date; or
(c)
direct that the defects or
irregularities pointed out in the audit report or any of them shall be removed
or remedied by the committee.
(6)
The committee shall pay
audit charges at the rate fixed by the [Director
of Agricultural Marketing] from time to time.
(7)
As soon as the audit of
accounts of the committee for each year is completed the [Director
of Agricultural Marketing] shall intimate the amount of audit charges payable
by the committee. Within the period of thirty days from the date of receipt of
such intimation, [the
Secretary of the market committee shall.--
(i)
in places where there are
Banking treasuries, make payment by means of a crossed cheque drawn in favour
of the Manager of the Bank for adjustment by credit to the Consolidated Fund of
the State; and
(ii)
in other places, remit the
charges in cash to the Treasury; under intimation to the [Director
of Agricultural Marketing.]]
Rule - 66. Auditor to report material impropriety or irregularity, loss, waste or misappropriation.--
(1)
The auditor shall.--
(a)
report to the committee any
material defect or irregularity which he may observe in the expenditure or in
the recovery of moneys due to the committee [x
x x] or in the accounts of the committee.
(b)
report to the committee any
loss, waste or misappropriation of money or other property owned by or vested
in the committee, if such loss, waste or mis-application is a direct
consequence of neglect or misconduct with the names of person or persons
directly or indirectly responsible for such loss, waste or mis-application.
(2)
The Secretary shall
forthwith remedy the defects or irregularities, if any.
Rule - 67. Annual report.--
At the end of each
market year, the committee shall prepare an annual report in [Form
34] and submit copies of it to the [Director
of Agricultural Marketing] and to such other officers as may be directed by the
[Director
of Agricultural Marketing] in this behalf.
Rule - 68. Cont cribution to the Consolidated Fund.--
Every committee shall
remit before 15th of every month to the Consolidated Fund of the State, such
percentage of its gross receipts during the preceding month as may be fixed by
the [Director
of Agricultural Marketing] under Section 91(2) and send a duplicate challan to
the [Director
of Agricultural Marketing.]
Rule - 69. Contribution to the State Agricultural Marketing Board.--
(1)
Every committee in the State
shall, under intimation to the [Director
of Agricultural Marketing], pay to the State Agricultural Marketing Board
before 15th of every month five per cent of its gross receipts during the
previous month.
(2)
Every committee shall
maintain a separate register showing the gross receipts of every calendar month
by way of market fee and licence fee and remittances made to the State
Agriculture Marketing Board every month under sub-rule (1).
(3)
[x
x x x x.]
Rule - 70. Preparation of plans.--
Thee preparation of
plans and estimates for works proposed to be undertaken and for repairs to the
existing buildings at the expense of the committee will be attended to by the
Supervisors and [Assistant
Executive Engineer of the Public Works Department or the Engineering Cell of
the Marketing Department]
Rule - 71. Approval of plans and estimates.--
(1)
[The
Plans and estimates for works, the estimated cost of which does not exceed the
maximum amount specified in column (2) of the table below, may be sanctioned by
the Market Committee after getting the plans and estimates technically examined
and approved by the Assistant Executive Engineer or the Executive Engineer,
Engineering Cell of the Agricultural Marketing Department, and where the
estimated cost exceeds the maximum amount the same shall be sanctioned by the
Director of Agricultural Marketing or any Officer authorised by him in this
behalf, after getting the plans and estimates technically examined and approved
by the Assistant Executive Engineer or the Executive Engineer, as the case may
be, of the Engineering Cell of the Agricultural Marketing Department.
|
Categories of Market Committee
|
The maximum amount of the estimated
cost of the works
|
|
(1)
|
(2)
|
|
Market Committee whose annual income
in the preceding market year by way of market fee and licence fee is.--
|
|
|
(i) Rs. 5 lakhs and below
|
Rs. 5,000 for each work subject to a
maximum of Rs. 25,000 per annum,
|
|
(ii) above Rs. 5 lakhs, but upto Rs.
20 lakhs
|
Rs. 10,000/- for each work subject to
a maximum of Rs. 50,000/- per annum.
|
|
(iii) Above Rs. 20 lakhs but upto Rs.
40 lakhs
|
Rs. 15,000/- for each work subject to
a maximum of Rs. 1 lakh per annum.
|
|
(iv) Above Rs. 40 lakhs
|
Rs. 20,000/- for each work subject to
a maximum of Rs. 1 lakh per annum.
|
(2)
The Market Committee shall,
before taking up the execution of the work included in the plan and estimates
sanctioned under sub-rule (1) send copies of plan and estimates to the
Assistant Director of the District and the Joint Director of the Division, and
also send a separate report to the Director of Agricultural Marketing regarding
the necessity of the work taken up under sub-rule (1).]
Rule - 72. Supervision of works.--
All works shall be
carried out under the supervision of the Secretary and Chairman of the
committee.
PART
VI
LEVY
AND COLLECTION OF FEES
Rule - 73. Collection of fees.--
All fees to which
committee is entitled shall be collected by [any
market functionary if so required by the committee. It may also be collected by
the paid servants] of the committee duly authorised in this behalf and the date
of collection shall not be framed out.
Rule - 74. Receipts.--
(1)
All moneys received on
behalf of the committee shall be acknowledged by a receipt in carbon duplicate
in [Form
35] by the Secretary or any other officer, servant or agent of the committee
duly authorised by the committee in this behalf. The receipt shall be given to
the party making the payment and carbon copy retained for office use.
(2)
Every officer, servant or
agent authorised to receive payments shall every day render account of all
receipts to the Secretary or an officer duly authorised by him in this behalf.
All moneys received shall be brought to account.
Rule - 75. Security.--
Every committee shall
take such security as it thinks necessary from its employees who are required
to handle cash.
Rule - 76. Licensed traders, [141][commission agents, etc.].--
(1)
No person shall operate in
the market area as a [trader,
commission agent, broker, processor, exporter, importer, ginner, presser,
crusher, stockist, [warehousemen]
or retail trader] in notified agricultural produce except under and in
accordance with a licence granted by the committee under this Rule.
[(1-A)
No person who is in the service of another person of a firm whether holding any
licence granted by the committee or not shall be eligible to hold a licence as
a broker. If any licensed broker enters service or does business other than that
for which he holds a licence, he shall be deemed to have committed a breach of
the conditions of the licence.]
(2)
[[Every
application for grant or renewal of a licence to operate in the market area.--
(i)
as a trader, commission
agent, broker, exporter, importer, stockist, warehouseman, ginner, presser,
crusher or processor shall be in Form 41;
(ii)
as a retail trader shall be
in Form 42; and
(iii)
as a temporary trader shall
be in Form 43, and shall be accompanied by such fees as may be specified in the
bye-laws. The fees paid shall be returned to the applicant, if the committee
refuses to grant or renew licence.]
(3)
The maximum [licence
fees] payable for a licence to operate as a trader, commission agent, broker,
processor, exporter, importer, ginner, presser, crusher, [stockist,
warehouseman or retail trader] specified in column (2) of the Table below shall
be as specified in the corresponding entries in column (3) thereof.]
TABLE
|
Sl.
No.
|
Category
|
Maximum fees leviable per annum
|
|
(1)
|
(2)
|
(3)
|
|
|
|
Rs.
|
|
1.
|
Trader
|
200
|
|
2.
|
Commission agent
|
200
|
|
3.
|
Broker
|
100
|
|
4.
|
Processor
|
100
|
|
5.
|
Exporter
|
100
|
|
6.
|
Importer
|
100
|
|
7.
|
Ginner
|
100
|
|
8.
|
Presser
|
100
|
|
9.
|
Crusher
|
100
|
|
10.
|
Stockist
|
100
|
|
11
|
Retail trader
|
25
|
|
[12.
|
Warehousemen
|
100]
|
Explanation.-- A
person who has applied for grant of a licence in respect of two or more
categories specified in column (2) of the Table above, may be granted a
composite licence in respect of all such categories on payment of a separate
fee for each such categories.]
(4)
On receipt of such
application the committee after making such enquiries, as may be considered
necessary may if it finds no ground to refuse the licence asked for grant him
the licence applied for in [Form
36.] On the grant of such licence, the applicant shall execute an agreement in
such form as the committee may determine, agreeing to conform with these rules
and the bye-laws.
(5)
The committee may, after
giving the applicant an opportunity of being heard for reasons to be recorded
in writing refuse to grant a licence to any person who is either not solvent or
otherwise [disqualified]
under the Act, rules or bye-laws, or whose operations in the market area are
not likely to further the efficient working of the market under the control of
the committee.
(6)
A licence granted under
sub-rule (4) shall, unless renewed, remain in force till the end of the market
year in which it has been granted.
(7)
Every application for
renewal of a licence shall be made one month before the expiry of its period.
(8)
If the application for
renewal is made in accordance with sub-rule (7), the applicant shall be deemed
to be duly licensed until orders are passed on the application.
(9)
The names of all licensed [traders,
commission agents, brokers, processors, exporters, importers, ginners,
pressers, crushers, stockiest and retail traders] shall be entered separately
in a register to be maintained for the purpose.
Rule - 77. Disqualifications for obtaining a licence to operate as traders.--
(1)
No person shall be granted a
licence and no person's licence shall be renewed or continued by the committee,
to operate as a trader in the market area unless it is satisfied after such
inquiry as may be provided in the bye-laws, that the person;
(i)
is solvent;
(ii)
owes no outstanding or
overdue debts, relating to his business to any producer or to any commission
agent; and
(iii)
has deposited with or
furnished to the committee the cash security or a bank guarantee under
sub-section (2) of Section 85 of the Act and the bye-laws.
(2)
The committee may refuse to
grant or to renew a licence to a person to operate as a trader in the market
area, if after such inquiry as may be provided in the bye-laws, it is satisfied
that.--
(i)
his licence had been
cancelled sometime back and that six months have not elapsed since the date of
such cancellation;
(ii)
he has been guilty of any
offence or misconduct in any regulated market;
(iii)
he is a partner with any
person to whom a licence is refused;
(iv)
he has neglected or refused
to submit to, abide by and carry out [any
award of the Arbitrator or Arbitrators] or decision or order of the Disputes
Committee;
(v)
he has refused to fulfil
trade contracts for no valid reasons; or has failed to pay in due time to the
committee any fee, fine or other sum payable to it by him or has failed to
deposit with or furnish to it the cash security or the bank guarantee as
provided in the bye-laws in due time.
(vi)
he has refused to submit his
account books for the inspection of the committee, or to the sub-committee or
any of its officers authorised in that behalf or has failed to comply with any
notice given or request made to attend any meeting of the committee.
(vii)
he has failed to submit the
reports or returns of statements to the committee in due time, in the manner
laid down in these rules and bye-laws or as may be specified in the orders of
the committee.
(viii)
he is found to have set up
or instigated to set up directly or indirectly any strikes or boycotts against
the smooth working of the market or the enforcement of the provisions of the
Act, rules or the bye-laws;
(ix)
he has over-traded;
(x)
he has habitually violated
the provisions of the Act, the rules or the bye-laws or the lawful directions
given by the committee;
(xi)
his previous conduct is such
as would disturb the maintenance of a stable and healthy market or is found to
have entered into any disreputable or fraudulent transactions with any person;
or
(xii)
he has not transacted any
business in the notified agricultural commodities during the period of his
licence, and he is not a genuine trader but obtained a licence only to avail of
advantages accruing there from.
Rule - 78. Disqualification for obtaining licence to operate as commission agents.--
(1)
No person shall be granted a
licence and no person's licence shall be continued or renewed by the committee,
to operate as a commission agent in the market area unless it is satisfied,
after such inquiry as may be provided in the bye-laws, that the person.--
(i)
is solvent;
(ii)
is not a defaulter in paying
to any of his principals the price of his produce after its sale, when demand
for such payment was made by the principal; and
(iii)
has deposited or furnished
to the committee the cash security or the bank guarantee as may be provided in
the bye-laws.
(2)
The committee may refuse to
grant or to renew licence to a person to operate as a commission agent in the
market area, if after such inquiry as may be provided in the bye-laws, it is
satisfied that--.
(i)
his licence has been
cancelled some firm back and that the period of six months has not elapsed
since the date of such cancellation;
(ii)
he has been guilty of any
offence or misconduct in any regulated market;
(iii)
he is a partner with any
person to whom a licence is refused;
(iv)
he has neglected or refused
to submit to or abide by and carry out [any
award of the Arbitrator or Arbitrators] or decision or order of the Disputes
Committee;
(v)
he has failed to pay in due
time to the committee any sum due to it from him or has failed to deposit with
or furnish to it the cash security or the bank guarantee provided in the
bye-laws;
(vi)
he has refused to submit his
account books for the inspection of the committee or to any of its officers
authorised in that behalf or has failed to comply with any notice given or
request made to attend any meeting of the committee;
(vii)
he has failed to submit the
reports or returns or statements to the committee in due time, in the manner
laid down in these rules or bye-laws or as may be specified by the committee;
(viii)
he is found to have setup or
instigated to setup directly or indirectly any strikes against the smooth
working of the market or the enforcement of the provisions of the Act, rules or
the bye-laws;
(ix)
he has habitually violated
provisions of the Act, the rules or the bye-laws or the lawful directions given
by the committee;
(x)
he is found to have entered
into any disreputable or fraudulent transaction with any person;
(xi)
he has not transacted any
business in the notified agricultural commodities during the period of his
licence and he is not a genuine Commission Agent but obtained licence only to
avail of advantages accruing there from.
Rule - 79. [155][Licensed Weighmen, measurers, surveyors, hamals, cartmen, public carrier, etc.].--
(1)
[No
person shall operate as a weighmen, measurer, surveyor, hamalis, cartmen, owner
of public carrier or as any other market functionary in any market area except
under a licence in Form 37 granted by the Market Committee.
(2)
Any person desires to hold a
licence to operate in the market area as a.--
(i)
Weighmen, measurer, surveyor
shall apply in Form 44;
(ii)
Hamal, Cartman, owner of
public carrier or as any other market functionary shall apply in Form 45 and
shall also pay such fee not exceeding rupees one hundred as may be specified in
the bye-laws. On receipt of such application the market committee may, if it finds
no grounds to refuse, grant or renew the licence in Form 37. On the grant of
such licence the applicant shall execute an agreement in such form as the
market committee may determine, agreeing to comply with these rules and the
bye-laws of the Market Committee.]
(3)
The licence granted under
sub-rule (2) shall, unless renewed, remain in force till the end of the market
year in which it has been granted.
(4)
No person shall be entitled [to
do business as a market functionary] other than that for which he holds a
licence.?
(5)
No person who is in the
service of another person or firm whether holding any licence granted by the
committee or not shall be eligible to hold a licence as a [x
x x x x] weighman, measurer, [x
x x x x.] If any licensed [x
x x x x] weighman, measurer [x
x x x x] enters service or does business other than that for which he holds a
licence, he shall be deemed to have committed a breach of the conditions of the
licence.
(6)
The committee may after
giving the applicant an opportunity of being heard, for reasons to be recorded
in writing refuse to grant or renew a licence to any person, if the committee
is satisfied that the applicant is not likely to further the efficient working
of the market under the control of the committee or is otherwise not qualified
or disqualified under the Act, rules or bye-laws.
Rule - 80. Issue of duplicate licence.--
The committee, if it
is satisfied, after holding such, enquiry as necessary, that a licence issued
by it has been lost or accidentally destroyed may issue a duplicate licence on
payment of fee of one rupee.
Rule - 81. Refusal, cancellation or suspension of licence to be communicated to person concerned.--
(1)
Whenever a committee.--
(a)
refuses to grant a licence
under sub-rule (2) of Rule 77 or sub-rule (6) of Rule 79; or
(b)
cancels or suspends a
licence under Section 73 of the Act, the committee shall communicate its
decision or order, as the case may be, to the person concerned.--
(i)
by delivering or tendering
to him personally a copy of such decision or order, as the case may be, or
(ii)
by sending the same to him
by registered post acknowledgement due.
(2)
Such decision or order, as
the case may be, shall be deemed to have been communicated to the person
concerned on the date on which a copy of it was delivered or tendered to him
personally or if refused, on the date of refusal of the same or if sent by
registered post on the date it was received or refused by him.
Rule - 82. Prohibition of brokers from acting on behalf of both the buyer and the seller.--
(1)
No licensed broker shall act
on behalf of both the buyer and the seller of agricultural produce in any
transaction.
(2)
Any licensed broker who
commits a breach of the provisions of sub-rule (1) shall be deemed to have
committed a breach of the conditions of his licence.
Rule - 83. Commission agents, etc., not to receive fees other than those specified for their service.--
[x
x x x x.]
Rule - 84. Trader, etc., not to solicit brokerage or charges for weighing, measuring or surveying.--
If any trader or his
servant or agent acting on his behalf with his express or implied permission
solicits or receives any amount either in cash or in kind, as brokerage or
charges for weighing, measuring or surveying, he shall be deemed to have
committed a breach of the condition of the licence.
Rule - 85. Keeping of books and issue of receipts, etc.--
Every market
functionary operating in the market area and holding a licence from the
committee in that regard, shall, as the committee may from time to time
direct.--
(i)
keep and maintain such registers,
documents and books in such form as may be prescribed in the bye-laws;
(ii)
issue receipts for the money
and goods received under his own signature or the signature of his authorised
representative and countersigned by the payer or the deliverer, as the case may
be, or by the authorised representative of such person in such form as may be
prescribed in the bye-laws and maintain the carbon copies thereof.
Rule - 86. Reports and returns by traders and commission agents.--
Subject to the provisions of the Act and the bye-laws, every licensed trader
and commission agent operating in the market area shall render to the committee
or to the officer specified by the committee in this behalf, the reports and
returns in respect of his business with such details, every day or at such
intervals at such time and in such form as may be provided in the bye-laws or
as may be required by the committee relating to.--
(a)
The agreements of the sales
or purchases entered into.--
(i)
[in
the market yard, market sub-yard or sub-yards and sub-market yard or sub-market
yards];
(ii)
in the market and [sub-market
or sub-markets] excluding market yard, market sub-yard, or sub-yards and
sub-market yard, or sub-market yards; and
(iii)
in the market area excluding
market and sub-market or sub-markets.
(b)
The agricultural produce
given delivery of.--
(i)
in the market yard, [sub-market
yard or sub-market yards] and sub-market, sub-yard or yards;
(ii)
in the market and sub-market
or sub-markets [excluding
the market yard, market sub-yard or sub-yards and sub-market yard or sub-market
yards];
(iii)
in the market area excluding
market and sub-market or sub-markets;
(c)
The agricultural produce
taken delivery of.--
(i)
in the market yard, market
sub-yard or sub-yards and [sub-market
yard or sub-market yards];
(ii)
in the market and sub-market
or sub-markets excluding market yard, [market
sub-yard or sub-yards and] sub-market yard or sub-market yards; and
(iii)
in the market area excluding
market and sub-market or sub-markets.
(d)
(i) The amounts due to him
by any other market functionary; and
(ii)
the amounts due by him to any producer or any market functionary, and
outstanding beyond the period of credit permissible under the bye-laws of the
committee;
(e)
The stock of agricultural
produce with him;
(f)
The market fees due from him
to the committee; and
(g)
Such other information, as
may be deemed necessary, by the committee for enforcing the provisions of this
Act, the rules and bye-laws of the committee.
Rule - 87. Reports by market functionaries other than traders and commission agents.--
(1)
Every licensed ginner,
processor, presser, warehouseman, importer, exporter, stockist and every other
market functionary other than a licensed trader and a commission agent,
operating in the market area shall submit to the committee or to the officer
specified by the committee in this behalf, such periodical returns, at such
time and in such form as may be provided in the bye-laws or as the committee
may from time to time direct.
(2)
If any market functionary
fails to submit reports and returns as required under sub-rule (1) and
sub-section (1) of Section 83 the committee may authorise any officer to hold
an enquiry. That officer shall enquire in detail giving the concerned market
functionary an opportunity of being heard and submit a report to the committee
regarding sufficiency or otherwise of the reasons for not producing the
required returns and reports.
(3)
The counterfoils or
duplicate copies of all reports and returns submitted under sub-rule (1) shall
be preserved by the market functionaries for a period of two years from the
date of such submission and they shall be made available for inspection
whenever required by the committee during that period.
Rule - 87-A. Compounding of offences.--
[No
offence for contravention of the provisions of Sections 8, 79 and 80 shall be
compounded under Section 70.]
PART
VII
KARNATAKA
STATE AGRICULTURAL MARKETING BOARD
Rule - 88. Election of a Member to the State Marketing Board.--
(1)
[The
election of a member to the State Agricultural Marketing Board under clause
(ii) of sub-section (1) of Section 101, shall be held in the manner hereinafter
specified.
(2)
For purposes of the said
election, the [Assistant
Director of Agricultural Marketing] of the revenue district shall be the
Returning Officer.
(3)
The Returning Officer shall
maintain in his office a list of the Chairman of all the market committees in
the district. In order to enable him to maintain such list corrected
up-to-date, the Secretaries of all the market committees in the District shall
furnish to the Returning Officer the name of the Chairman of their respective
market committees and also inform immediately the Returning Officer of every
change in the names of the Chairmen. The Returning Officer shall, on receipt of
the information, strike out the names of persons who have ceased to be the
Chairmen and include therein the names of persons who have become Chairman of
such market committee.
(4)
The provisions of Rule 5-A
shall apply mutatis mutandis in relation to the list of names of Chairmen:
Provided that where
an application under sub-rule (1) or clause (a) of sub-rule (2) of Rule 5-A is
received by the Returning Officer he shall refer such application to the
Secretary of the market committee concerned and on receipt of information in
relation thereto from the said Secretary, shall act in accordance with sub-rule
(2).
(5)
The Returning Officer shall,
by order, call upon the electorate of Chairman of all the market committees in
each revenue district to elect a member to the Board and fix the date of
election, he shall publish a notice by affixing on the notice board of his
office stating.--
(i)
the place at which and the
time within which nomination shall be received and the last date for making
nominations which shall not be less than seven days from the date of
publication of the notice;
(ii)
the date of the scrutiny of
nomination which shall be the second day after the last date for making
nominations or if that day is a public holiday, the next succeeding day which
is not a public holiday;
(iii)
the last day for withdrawal
of nominations, which shall be third day after the date of scrutiny of
nominations or if that day is a public holiday, the next succeeding day which
is not a public holiday;
(iv)
the date, which shall not be
less than fifteen days from the date of publication of the notice, on which and
the hours during which, poll shall, if necessary, be taken; and
(v)
the place and time for
counting of votes.
(6)
A copy of the notice
referred to in sub-rule (5) shall be sent to the Chairman of all the market
committers in each district by registered post immediately after its
publication.
(7)
In the case of a
bye-election referred to in Section 105,' the notice under sub-rule (5) shall
be published as soon as may be after the occurrence of vacancy.
Rule - 88-A. Nominations.--
(1)
Where in any revenue
district, there are more than one market committees, and Chairman intending to
contest for election to the Board, shall deliver his nomination paper to the
Returning Officer in Form 38 between the hours of eleven o' clock in the
forenoon and three o' clock in the afternoon at the place specified in this
behalf in the notice referred to in sub-rule (5) of Rule 88.
(2)
The Returning Officer shall,
on receiving the nomination paper, enter in the nomination paper its serial
number, the date on which and the hours at which the nomination paper has been
delivered to him and shall verify the name and the number of the candidate with
the list of Chairmen maintained in his office.
(3)
Nomination papers received
after the date and time appointed under clause (ii) of sub-rule (5) of Rule 88
shall be rejected.
(4)
Nothing in this Rule shall
prevent any candidate from filing more than one nomination paper for the same
election.
Rule - 88-B. Scrutiny of nominations.--
(1)
The candidates and their
agents, who shall not be more than one for each candidate, shall be entitled to
be present at the time of scrutiny of nominations and the Returning Officer
shall give them all reasonable facilities for examining nomination papers of
all candidates.
(2)
The Returning Officer shall
then examine the nomination papers and decide all objections which may be made
at the time of scrutiny to any nominations and may either on such objection or
on his own motion and after such summary enquiry, if any, as he thinks
necessary, reject the nomination paper on any of the following grounds,
namely.--
(a)
that the signature of the
candidate on the nomination paper is not genuine or has been obtained by fraud;
or
(b)
that the nomination paper
has not been duly completed and the defect or irregularity is of a substantial
character.
(3)
The Returning Officer shall
endorse on each nomination paper his decision either accepting or rejecting it
and if the nomination paper is rejected, shall record in writing a brief
statement of his reasons for such rejection.
Rule - 88-C. Withdrawal of candidature.--
(1)
Any candidate may withdraw
his candidature by a notice in writing subscribed by him and delivered in
person to the Returning Officer before three o' clock in the afternoon on or
before the date fixed under clause (iii) of sub-rule (5) of Rule 88. On receipt
of the notice, the Returning Officer shall note thereon the date and the time
at which it was delivered.
(2)
No person who has given notice
of withdrawal of his candidature under sub-rule (1) shall be entitled to
withdraw or cancel the notice.
Rule - 88-D. Procedure in contested and uncontested elections.--
If after the expiry
of the period within which candidature may be withdrawn.--
(a)
there is only one candidate
whose nomination is valid and who has not withdrawn his candidature, the
Returning Officer shall forthwith declare such candidate to be duly elected to
be a member of the Board; or
(b)
the number of candidates who
have been duly nominated but who have not withdrawn their candidature exceeds
one, the Returning Officer shall except in the case falling under the proviso
to sub-section (1) of Section 101, prepare a list of validly nominated
candidates in alphabetical order and cause a copy of the list so prepared to be
affixed to the notice board of his office.
Rule - 88-E. Voting.--
Where votes of the
Chairman are to be taken for the purpose of the election, the polling shall
take place on the date and time appointed under clause (iv) of sub-rule (5) of
Rule 88 at the office of the Returning Officer.
Rule - 88-F. Procedure for the conduct of elections.--
(1)
At the place set apart for
voting, the Returning Officer shall provide a ballot box which shall be so
constructed that the ballot papers can be introduced therein, but cannot be
withdrawn there from without the box being opened.
(2)
The Returning Officer shall
immediately before the votes are taken, show the ballot box empty to such
Chairmen as may be present, so that they may see that it is empty and then
shall lock it up and place his seal upon it in such manner as to prevent it
being opened without breaking such seal.
(3)
Every Chairman wishing to
vote shall be supplied with a ballot paper in Form 39 bearing the seal of the
office of the 2[Assistant Director of Agricultural Marketing] and the signature
of the Returning Officer and on which names of all contesting candidates are
printed, typed or written in English and Kannada. At the time of issuing a
ballot paper to a Chairman, the Returning Officer shall record the serial
number thereof against the entry relating to the Chairman in the list of
Chairmen kept for the purpose.
(4)
The Chairman to whom a
ballot paper is issued under sub-rule (3) shall on receipt of the ballot paper
proceed to the place set apart for the purpose and [affix
seal with the instrument supplied] mark against the name of the candidate for
whom he wishes to vote. He shall then fold up the ballot paper so as to conceal
his vote and insert it into the ballot box.
(5)
A Chairman who has
inadvertently dealt with his ballot paper in such manner that it cannot be
conveniently used as a ballot paper may on returning it to the Returning
Officer and on satisfying him of the inadvertence, be given another ballot
paper and the ballot paper so returned shall be marked
"spoilt-cancelled" by the Returning Officer. If a Chairman after
obtaining a ballot paper decides not to use it, he shall return it to the
Returning Officer and the ballot paper so returned shall be marked as
"Returned-cancelled" by the Returning Officer. All such ballot papers
cancelled under this clause shall be kept in a separate packet.
Rule - 88-G. Counting of votes.?
(1)
After voting by all, the
Chairmen present and wishing to vote, the Returning Officer shall open in the
presence of the Chairmen present, the ballot box, count the number of ballot
papers and separate those which in his opinion are valid from those which in
his opinion are invalid, endorsing on the latter, the word "rejected"
and the ground of rejection and arrange all the valid ballot papers in the
bundle.
(2)
The Returning Officer shall
reject a ballot paper.--
(a)
if it bears any mark or
writing by which the elector can be identified; or
(b)
if to indicate the vote it
bears no mark at all; or
(c)
if votes are given on it in
favour of more than one candidate; or
(d)
if the mark indicating the
vote thereon is placed in such a manner as to make it doubtful to which
candidate the vote has been given; or
(e)
if it is a spurious ballot
paper:
Provided that the
ballot paper shall not be rejected merely on the ground that the mark
indicating the vote is indistinct or made more than once, if the intention that
the vote shall be for a particular candidate, clearly appears from the way the
paper is marked.
(3)
Before rejecting any ballot
paper under this Rule, the Returning Officer shall allow each candidate a
reasonable opportunity to inspect the ballot paper but shall not allow him to
handle it or any other ballot paper.
(4)
Every ballot paper which is
not rejected shall be counted as one valid vote. After the completion of the
counting, the Returning Officer shall record in a statement the total number of
votes polled by each candidate and announce the same.
(5)
(i) After such announcement
has been made, the Returning Officer may either on his own initiative or at the
instance of any candidate recount the votes:
Provided that nothing
herein contained shall make it obligatory on the Returning Officer to recount
the same votes more than once.
(ii)
When a recount of votes is made under this sub-rule, the Returning Officer
shall amend the statement referred to in sub-rule (4) to the extent necessary
after such recount and announce the amendment so made by him.
(6)
After the total number of
votes polled by each candidate has been announced under sub-rule (4) or
sub-rule (5), as the case may be, the Returning Officer shall declare the
candidate to whom the largest number of valid votes have been duly elected.
(7)
If, after the counting of
the votes is completed an equality of votes is found to exist between any
candidates and the addition of one vote will entitle any of those candidates to
be declared elected, the Returning Officer shall forthwith decide, between
those candidates by lot in such manner as he may determine and proceed as if
the candidate on whom the lot falls had received an additional vote. He shall
thereafter declare the candidate on whom the lot falls to have been duly
elected.
(8)
The Returning Officer shall
then prepare and certify the election in Form 40 and forward a copy of the same
to the [Director
of Agricultural Marketing] immediately.
(9)
The Returning Officer shall
also forward to the [Director
of Agricultural Marketing], the name of the Chairman who has been decided by
lot drawn by him to represent the market committee in the district on the
Board.
Rule - 88-H. Sealing and custody of election papers.--
(1)
The Returning Officer shall
then make up into separate packets the marked copy of the list of Chairmen, the
ballot papers relating to each candidate whether counted or rejected, seal up
each packet and note thereon the description of its contents, the election to
which it relates and date thereof.
(2)
These packets shall not be
opened and their contents shall not be inspected or produced before any person
or authority except under the order of the District Judge under Section 103.
(3)
The packet shall be retained
in safe custody by the Returning Officer in his office for a period of two
years from the date of declaration of the result of election and shall
thereafter be destroyed unless a direction to the contrary is given by the
District Judge or other competent Court or by the State Government.
Rule - 88-I. Publication of names of the elected members of the Board.--
The [Director
of Agricultural Marketing] shall, by notification, publish the names of all the
members elected to the Board.]
Rule - 89. Preparation of plans and estimates.--
[x
x x x x.]
Rule - 90. Budget.--
[x
x x x x.]
Rule - 91. Marketing Development Fund.--
(1)
All moneys received by the
Board shall be kept or invested in Karnataka State Co- operative Apex Bank
Limited [or
in Government Securities].
(2)
The Board may utilise the
Marketing Development Fund for purposes enumerated in Section III, through the
committees.
(3)
[The
Board may grant funds out of the Marketing Development Fund to such Advisory
Committees or Institutions as are approved by it and which are imparting
education in regulated marketing of agricultural produce or carrying on any
work which is of general interest to regulated marketing of agricultural
produce.]
________________________________________
PART
VIII
MISCELLANEOUS
Rule - 92. Powers and duties of the Panchayats appointed as agents of the committees.--
(1)
Panchayats appointed as
agents of the committees under sub-section (1) of Section 97 of the Act, shall
exercise powers and perform duties as specified below.--
(i)
It shall not allow any
market functionary to operate in the area under its jurisdiction without
obtaining the necessary licence from the committee.
(ii)
It shall have power to
receive applications for grant or renewal of licence and to collect the
prescribed licence fee on behalf of the committee.
(iii)
It shall have power to
specify the time and place of business in the area under its jurisdiction and
to conduct and supervise the sales, weighment, delivery, payment and all other
matters relating to marketing of notified agricultural produce.
(iv)
It shall collect market fee
from the buyer in respect of the agricultural produce sold in the area under
its jurisdiction at the rates specified in the bye-laws of the committee and
issue receipts in the form prescribed.
(v)
The Chairman or the
Secretary of the Panchayat, shall have power to examine and inspect the weights
used in the sale and purchase of agricultural produce in the area under its
jurisdiction.
(vi)
It shall have power to call
for the periodical reports and returns to be furnished by the market
functionaries under these Rules.
(2)
It shall be the duty of the
Panchayat to.--
(i)
forward all applications for
grant or renewal of licence together with the licence fee to the committee;
(ii)
forward to the committee all
periodical reports and returns received from the market functionaries, before
5th of succeeding month;
(iii)
provide necessary basic
facilities for transacting business;
(iv)
receive and publish the
market rates and other allied information on the notice board of the Panchayat
for the benefit of all concerned;
(v)
do propaganda in regard to
proper methods of preparation, storage, packing, transportation and marketing
of agricultural produce; and
(vi)
do all other functions
entrusted to it by the committee for regulating the marketing of agricultural
produce in the area under its jurisdiction.
(3)
The powers exercised and the
duties performed by the Panchayat in accordance with the Act, rules and
bye-laws, [in
the area under its jurisdiction] shall be deemed to have been exercised or
performed by the committee.
Rule - 93. Distribution of assets, rights and liabilities.--
The assets, rights
and liabilities of the dissolved committee shall be distributed among the new
committees established in the area equitably [having
regard to the income derived and expenditure incurred] in the respective areas.
Rule - 94. Publication of bye-laws.--
(1)
The committee shall prepare
bye-laws and publish the same by affixture on the notice board of the
committee.
(2)
The bye-laws prepared under
Section 149 shall also be published by affixture on the notice board of the
committee.
Rule - 95. Publication of standing order.--
Every standing order
made by a committee under Section 151 shall be published by affixture on the
notice board of the committee and Panchayats appointed as agents of the
committee.
Rule - 96. Repeal and savings.--
Subject to the
provisions of Section 154, all Rules corresponding to the foregoing Rules are
hereby repealed.
?
?
?
?
Sub-rule (1) substituted by
GSR 44, dated 3-2-1970
Substituted for the words
"twenty-one years" by GSR 164, dated 8-11-1990
Sub-rule (3) substituted by
GSR 23, dated 30-1-1990
Sub-rule (4) omitted by
Notification No. CMW 174 MRE 91, dated 27-1-1994
The words "or in a
commission agent's constituency" omitted by Notification No. CMW 174 MRE
91, dated 27-1-1994
Substituted for the words
"or its authorised agents" by GSR 44, dated 3-2-1970
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the letters
and words " 'A' class, 'B' class and 'C class traders" by GSR 23,
dated 30-1-1990
The words "and of
Commission Agents holding licences issued by the market committee" omitted
by Notification No. CMW 174 MRE 91, dated 27-1-1994
The words "or licensed
commission agents" omitted by Notification No. CMW 174 MRE 91, dated
27-1-1994
The words "and the
Commission Agent's Constituency" omitted by Notification No. CMW 174 MRE
91, dated 27-1-1994
Rule 5-C inserted by GSR
191, dated 25-5-1970
The words "the third
proviso to" omitted by Notification No. CMW 174 MRE 91, dated 27-1-1994
The words "the third
proviso to" omitted by Notification No. CMW 174 MRE 91, dated 27-1-1994
Rule 6 substituted by GSR
44, dated 3-2-1970
Inserted by GSR 191, dated
25-5-1970
Substituted for the word
"Institutions" by Notification No. CMW 174 MRE 91, dated 27-1-1994
Rule 6 substituted by GSR
44, dated 3-2-1970
Inserted by GSR 191, dated
25-5-1970
?Substituted for the words, brackets and
figures "sub-rule (4) of Rule 5" by GSR 44, dated 3-2-1970
Substituted for the word and
figure "Form I" by GSR 44, dated 3-2-1970
Inserted by GSR 218, dated
16-6-1970
Substituted for the word and
figures "Form II" by GSR 44, dated 3-2-1970
Substituted for the word
"proposal" by GSR 218, dated 16-6-1970
The words "of the
Act" omitted by GSR 44, dated 3-2-1970
Read for the word
"This" by GSR 218, dated 16-6-1970
Read for the words "in
Kannada alphabetical order" by GSR 218, dated 16-6-1970
Substituted for the word and
figures "Form III" by GSR 44, dated 3-2-1970
Read for "nominations
or" by GSR 218, dated 16-6-1970
The word "Wheel"
omitted by Notification No. CMW 174 MRE 91, dated 27-1-1994
The word "Hand"
omitted by GSR 30, dated 9-1-1979
Substituted for the word and
figures "Form IV" by GSR 44, dated 3-2-1970
Substituted for the word and
figures "Form III" by GSR 44, dated 3-2-1970
Sub-rule (5-A) inserted by
GSR 44, dated 3-2-1970
Substituted for the word and
figures "Form IV" by GSR 44, dated 3-2-1970
Substituted for the words
"proceed to one of the polling booths and there put a 'X' mark seal"
by GSR 23, dated 30-1-1990
Substituted for the word and
figures "Form VIII" by GSR 44, dated 3-2-1970
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the word and
figures "Form IX" by GSR 44, dated 3-2-1970
Substituted for the word and
figure "Form X" by GSR 44, dated 3-2- ] 970
Substituted for the words
and figures "Forms VIII and IX" by GSR 44, dated 3-2-1970
Substituted for the word and
figure "Form X" by GSR 44, dated 3-2-1970
Substituted for the word
"Institutions" by Notification No. CMW 174 MRE 91, dated 27-1-1994
Sub-rule (1) omitted by GSR
23, dated 30-1-1990
Sub-rule (1-A) including the
proviso inserted by Notification No. CMW 174 MRE 91, dated 27-1-1994
Sub-rule (2) omitted by GSR
23, dated 30-1-1990
Sub-rule (2) omitted by GSR
23, dated 30-1-1990
Substituted for the word and
figure "Rule 39" by Notification No. CMW 174 MRE 91, dated 27-1-1994
?Rule 44 substituted by GSR 343, dated
21-10-1976 and shall be deemed to have come into force w.e.f. 22-6-1976
Rule 44 re-numbered as
sub-rule (1) thereof by GSR 23, dated 30-1-1990
Sub-rule (2) inserted by GSR
23, dated 30-1-1990
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Rule 46-A inserted by GSR
83, dated 7-3-1988
The words "or
member" omitted by GSR 44, dated 3-2-1970
Substituted for the word and
figures "XIII" by GSR 44, dated 3-2-1970
Substituted for the word
"note" by GSR 44, dated 3-2-1970
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Clause (iii) of sub-rule (3)
substituted by Notification No. CMW 174 MRE 91, dated 27-1-1994
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988,
w.e.f. 25-5-1988
Sub-rule (2-A) inserted by
Notification No. CMW 174 MRE 91, dated 27-1-1994
Substituted for the
expression "District Marketing Officer" by GSR 127, dated 25-5-1988
Sub-rules (10) and (11)
substituted by GSR 44, dated 3-2-1970
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the words
"such fees as may be specified in the bye-laws" by GSR 44, dated
3-2-1970
Rule 54 substituted by GSR
44, dated 3-2-1970
Sub-rule (1) substituted by
GSR 44, dated 3-2-1970
Substituted for the words
"a Member of the Committee other than the Chairman selected by the
Disputes "Committee" by GSR 44, dated 3-2-1970
Sub-rule (3) substituted by
GSR 44, dated 3-2-1970
Sub-rule (7) inserted by GSR
44, dated 3-2-1970
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the words
"at the rate of eight per cent per annum" by GSR 49 dated 8-2-1996
Sub-rule (9-A) inserted by
GSR 49, dated 8-2-1996
The words "Jointly
cheques up to the value of one thousand rupees" omitted by GSR 44, dated
3-2-1970
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the words,
figures and letters "Form XV-A and XV-B" by GSR 44, dated 3-2-1970
Substituted for the words
"15th April each year" by Notification No. CMW 174 MRE 91, dated
27-1-1994
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the words
"one thousand rupees" by Notification No. CMW 174 MRE 91, dated
27-1-1994
Substituted for the word and
figures "Form XVI" by GSR 44, dated 3-2-1970
Substituted for the word and
figures "Form XVII" by GSR 44, dated 3-2-1970
Substituted for the word and
figures "Form XVIII" by GSR 44, dated 3-2-1970
Substituted for the word and
figures "Form XIX" by GSR 44, dated 3-2-1970
Substituted for the figures
and words "30th July of every year" by Notification No. CMW 174 MRE
91, dated 27-1-T994
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the words
"the Secretary of the committee shall make payment by means of a crossed
cheque drawn the favour of the Treasury Officer for adjustment by credit to the
consolidated fund of the State under intimation to the Chief Marketing
Officer" by GSR 332, dated 28-10-1977
The words "of moneys
due to the Committee" omitted by GSR 44, dated 3-2-1970
Substituted for the word and
figure "Form X" by GSR 44, dated 3-2-1970
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, dated 25-5-1988
Sub-rule (3)omitted by GSR
44, dated 3-2-1970
Substituted for the words
"Assistant Engineer of the Public Works Department" by GSR 155, dated
15-5-1979
Substituted for the words
"the paid servants or agents" by GSR 44, dated 3-2-1970
Substituted for the word and
figures "Form XXI" by GSR 44, dated 3-2-1970
Substituted for the words
"and commission agents" by GSR 93, dated 7-4-1988
Substituted for the words
"trader or commission agent" by GSR 93, dated 7-4-1988
?Inserted by Notification No. CMW 174 MRE 91,
dated 27-1-1994
Sub-rule (1-A) inserted by
GSR 93, dated 7-4-1988
Sub-rules (2) and (3)
substituted by GSR 93, dated 7-4-1988
Sub-rule (2) substituted by
Notification No. CMW 174 MRE 91, dated 27-1-1994
Substituted for the words
"licence fee" by GSR 95, dated 16-4-1988, w.e.f. 16-4-1988
Substituted for the word and
figures "Form XXII" by GSR 44, dated 3-2-1970
Substituted for the word
"disgratified" by GSR 44, dated 3-2-1970
Substituted for the words
"trader or commission agent" by GSR 93, dated 7-4-1988
Substituted for the words
"any award" by GSR 44, dated 3-2-1970
Substituted for the words
"any award" by GSR 44, dated 3-2-1970
Substituted for existing
heading by Notification No. CMW 174 MRE 91, dated 27-1-1994
Substituted for the words
"to do business" by GSR 44, dated 3-2-1970
The words "or
surveyor" omitted by GSR 93, dated 7-4-1988
The word "broker"
omitted by GSR 93, dated 7-4-1988
The words "or
surveyor" omitted by GSR 93, dated 7-4-1988
Rule 83 omitted by GSR 44,
dated 3-2-1970
Item (i) of clause (a)
substituted by GSR 44, dated 3-2-1970
Substituted for the words
"sub-markets or sub-markets" by GSR 44, dated 3-2-1970
Substituted for the words
"sub-market, sub-yard or yards" by GSR 44, dated 3-2-1970
Substituted for the words
"sub-market yard or yards" by GSR 44, dated 3-2-1970
Rule 87-A inserted by GSR
44, dated 3-2-1970
Substituted for the
expression "District Marketing Officer" by GSR 127, dated 25-5-1988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, date 25-5-l 988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, date 25-5-l 988
Substituted for the
expression "Chief Marketing Officer" by GSR 127, date 25-5-l 988
Rule 90 omitted by GSR 44,
dated 3-2-1970
Added by GSR 44, dated
3-2-1970
Sub-rule (3) inserted by GSR
104, dated 14-3-1974