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State of Madhya Pradesh - Act

The M.P. Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Kl Gathan Kl Riti Tatha Anya Vishaya) Niyam, 1980

MADHYA PRADESH
India

The M.P. Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Kl Gathan Kl Riti Tatha Anya Vishaya) Niyam, 1980

Rule THE-M-P-KRISHI-UPAJ-MANDI-MANDI-NIDHI-LEKHA-TATHA-RAJYA-VIPNAN-SEWA-KL-GATHAN-KL-RITI-TATHA-ANYA-VISHAYA-NIYAM-1980 of 1980

Published on 18 August 1980
Commenced on 18 August 1980
[This is the version of this document from 18 August 1980.]
[Note: The original publication document is not available and this content could not be verified.]

The M.P. Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Kl Gathan Kl Riti Tatha Anya Vishaya) Niyam, 1980Published vide Notification No. D-6-33-78-14-3, dated 18-8-1980In exercise of the powers conferred by sub-section (1) and sub-section (2) of Section 79 of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973), the State Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section, namely :Chapter-I Preliminary

1. Short title.

- These rules may be called the Madhya Pradesh Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Ki Gathan Ki Riti Tatha Anya Vishaya) Niyam, 1980.

2. Definitions.

- In these rules, unless the context otherwise requires :(a)"Act" means the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (No. 24 of 1973);(b)"Appointed to the service", a person is said to be "appointed to the service" when, in accordance with these rules he discharges for the first time the duties of a post borne on the cadre of the service or commences the probation or training specified for the members thereon;(c)"Approved candidate" means a candidate whose name appears in a list of candidates approved for appointment to any category of the service;(d)"Approved probationer" in the service or category means a member of service or category who has satisfactorily completed his probation and waits appointment as a full member of the service of category;(e)"Cadre" means the sanctioned strength of the service;(f)"Category" means a separate and distinctive unit with the service;(g)"Discharge of probationer" means, in case the probationer is a full member or an approved probationer of another service or category, reverting him to such service or category and in any other case, dispensing with his service;(h)"Duty", a person is said to be "on duty" as a member of the service,-(i)when he is performing the duties of a post borne on the cadre of the service or is undergoing the probation or training specified for any such post; or(ii)when he is absent from duty on authorised holidays or on the casual leave taken in accordance with the instructions regulating such leave, having been on duty immediately before and after such absence;(i)"Emoluments" means pay, leave salary, subsistence grant or allowances classed as pay in the rules or regulations applicable to the members of the service or to the officers and servants of the Market Committee;(j)"Family" means,-(i)in the case of a male subscriber, the wife and children of the subscriber and the widow and children of a deceased son of the subscriber :Provided that if a subscriber proves that his wife has been judicially separated from him or has ceased under the customary law of the community to which he belongs to be entitled to maintenance, he shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relates unless the subscriber subsequently indicates by express notice in writing to the Accounts Officer or Competent Authority that he shall continue to be so regarded; and(ii)in the case of a female subscriber the husband and children of the subscriber and the widow and children of a deceased son of the subscriber :Provided that if a subscriber by notice in writing to the Accounts Officer or Competent Authority expresses or desires to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber's family in matters to which these rules relate, unless the subscriber subsequently cancels formally in writing her notice excluding him;(iii)for the purpose of this clause,-(a)"Children" means legitimate children;(b)an adopted child shall be considered to be a child when the Accounts Officer or Competent Authority, or if any doubt arises in the mind of the Accounts Officer or the Competent Authority the Government Pleader is satisfied that under the personal law of the subscriber adoption is legally recognised as concerning the status of a natural child;(c)a child of one person given in adoption to another shall not be considered to be the child of the former, if the Accounts Officer or the Competent Authority, or if any doubt arises in the mind of the Accounts Officer or the Competent Authority the Government Pleader is satisfied that under the personal law of the persons concerned such adoption is legally recognised;(k)"Financial year" or "Market year" or "Year" means the year commencing on the first October and ending on 30th September;(l)"Full member of the service" means a member of the service who has been appointed substantively to a permanent post borne on the cadre thereof;(m)"Fund" means the Provident Fund established by a Market Committee;(n)"Grade" means one of the grades into which the service is divided under these rules;(o)"Leave" means any kind of leave recognised by rules or regulations applicable to the members of the service;(p)"Market Committee Servant" means any officer or servant employed by a Market Committee but shall not include any member of the service or any servant of Government appointed or deputed as Secretary or Assistant Secretary or Marketing Inspector;(q)"Family members" includes the wife, child or step- child whether residing with the members of the service or not, any other relative of his or his wife, residing with and dependent on him, but does not include a wife legally separated from him or a child or step-child who is not depending on him or of whose custody he has been deprived by law;(r)"Member of the service" includes a probationer or an approved probationer as well as full member of the service,(s)"Probationer in the service" means a member of the service who has commenced his probation but has not been declared to have satisfactorily completed the probation;(t)"Promotion" means the appointment of a member of any category of the service to a higher category of the service and includes the appointment to a higher category by transfer of a member from the service of one Market Committee to that of another.(u)"Recognised school" means a school maintained by or opened with the sanction of the Government or to which recognition has been accorded by the Director of Public Instructions, Madhya Pradesh under the existing Education Rules;(v)"Recruited direct", a candidate is said to be "recruited direct to the service, category or post when at the time of first appointment thereto he is not a member of the service :Provided that for the purpose of this definition, a person shall be deemed to be not a member of the service unless he has been declared so under these rules;(w)"Section" means a section of the Act;(x)"Selection category" means a category of the service specified in these rules;(y)"Seniority" means the ranking within each category of the cadre;(z)"Service" means the Madhya Pradesh State Marketing Service;

(1)"Forms" means a form appended to these rules.

Chapter Accounting
Procedure

3. Procedure for maintenance of accounts.

- The Market Committee shall keep and maintain accounts, registers and forms in accordance with these rules and as directed by the Director of Marketing and/or the Director, Local Fund Accounts from time-to-time.

4. Account Books and Registers.

- Every Market Committee shall maintain the following account books and registers in the Forms appended to these rules-

(1)Cash Book-Form I

(2)General Ledger-Form II

(3)Individual Ledger-Form III

(4)Market Fee Register-Form IV

(5)Licence Fee Register-Form V

(6)Register for Licence Holders-Form VI

(7)Form and Account Books Register-Form VII

(8)Stationery Register-Form VIII

(9)Dead Stock Register-Form IX

(10)Pay Register-Form X

(11)Loan Register-Form XI

(12)Property Register-Form XII.

5. Submission of Accounts.

- The Secretary of the Market Committee shall submit all accounts to the Director, Local Fund Accounts and/or to the Director of Marketing.

6. Market Committee Fund.

- All cash in the Market Committee Fund shall be kept in accordance with sub-section (2) of Section 38 and it shall not be drawn upon except in accordance with these rules. Except where the Director on application by a Market Committee or otherwise directs to the contrary all money to be credited in the Market Committee Fund shall be credited at least twice a week in full into any specified bank.

7. Reserve Fund out of Market Committee Fund.

(1)Every Market Committee shall keep five per cent of its gross receipts (licence fees and market fees) as Reserve Fund :Provided that the Director shall have the power to increase the limit of percentage subject to maximum of ten per cent.

(2)The amount of Reserve Fund shall be expended only towards meeting the expenses towards gratuity, pension contribution and the like of employees who have attained the age of superannuation as directed by the Director in writing.

8. Receipts to be given for all payments.

- For every sum received by the Market Committee, a receipt shall be tendered by the person authorised to do, for receiving the payment stating the sum and the details on account of which it has been paid. The person giving the receipts shall be duly authorised by the Market Committee to issue such receipts. The receipts shall be in the form prescribed by the Director.

9. Payment into Treasury.

- Every sum certified to be given by any person under these rules shall be paid by such person into the Treasury or the Bank in which the funds of the Market Committee are lodged, within fifteen days after the intimation to him of the decision of the Market Committee, unless within the time specified such person has appealed to the State Government or the Director against the decision and obtaining stay order.

10. Mode of proof of Market Committee records.

- A copy of any receipt, application, plan, notice, order, entry in a register or other documents in the possession of a Market Committee shall if duly certified by a legal keeper thereof or other person authorised by any bye-laws in this behalf or order of the Market Committee in this behalf, or prima facie evidence of the matters and transactions therein recorded in every case, where and to the same extent as, the original entry or document would if produced, have been admissible to prove such matter.

11. [ Cash balance. [[Substituted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001. Prior to substitution it read as under :

'11. Limits of cash balance which shall be maintained by the Market Committee.-(1) A Market Committee shall maintain cash balance (permanent advance) in the office for meeting the current charges and may recoup the same as and when such cash balance is depleted on account of expenditure therefrom. The recoupment shall be made from the Market Committee Fund.

(2)The limit of the cash balance shall be decided by the Market Committee by a resolution duly passed in this behalf subject to maximum as shown below :-<p class=subpara1>(a) in respect of Class I Market Committee Rs. 500<p class=subpara1>(b) in respect of Class II Market Committee Rs. 350<p class=subpara1>(c) in respect of Class III Market Committee Rs. 300<p class=subpara1>(d) in respect of Class IV Market Committee Rs. 250

(3)The Secretary shall operate this cash balance.']]- For meeting the current expenditure from the Market Committee Fund, a cash balance (Permanent Advance) not exceeding the limit as fixed by the Managing Director shall be kept in the custody of the Secretary of the Market Committee. A separate cash book of permanent advance shall be maintained and the recoupment up to the limit fixed by the Managing Director shall be made from the Market Committee Fund :Provided that before such recoupment, the account together with the bills in respect of the permanent advance given previously shall be given to the Accountant of the Market Committee.]

12. Remittance to Treasury or Bank.

- All remittance to the Treasury or Bank shall be accompanied by challans or deposit slips in duplicate alongwith remittance register in Form XIII. The monthly or periodical statements of accounts furnished by the treasury or bank, as the case may be, shall regularly be filled and made available for audit and inspection.

13. Pass Book.

(1)The pass book is not an account book of the Market Committee, but is simply a copy of the account kept in the treasury or the bank of the money paid in and withdrawn on behalf of the Market Committee and must, therefore, always be maintained up-to-date.

(2)At the close of each month, the pass book shall be presented to the treasury or the bank as the case may be for up-to-date entries and signature.

(3)The Secretary shall see that the pass book is maintained properly and the procedure above is followed.

14. Expenditure.

- [(1) The concerned Market Committee shall be the Controlling Authority in respect of the Market Committee Fund. However, the Secretary of the Market Committee shall be competent to sanction expenditure from the permanent advance up to such limit as may be fixed by the Market Committee.

(2)All payments, except the payment from the permanent advance, shall be made through cheque drawn on behalf of the Market Committee. Crossed cheque shall be issued for amounts exceeding five thousand rupees.] [[Substituted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001. Prior to substitution sub-rules (1) and (2) read as under :'(1) Chairman of the Mandi Committee shall be the Controlling Authority in respect of the Market Committee Fund. The committee, may, however, authorise the Secretary to sanction expenditure from cash balance (permanent advance), up to such limits as may be determined by the Market Committee.

(2)All payments except from permanent advance or on account of salary and allowances of members of the service and of the employees of the Market Committee and the allowances of members of the committee shall be made through cheque drawn on behalf of the Market Committee.']]

(3)No cheque on behalf of the Market Committee shall be drawn except on a bill which has been examined and passed by the Chairman, or on the issue or recoupment of permanent advance, if any, and the Chairman shall not pass any bill for payment without the previous sanction of the Market Committee, except,-

(i)bill for payment of salary and allowances of members of the service and of officers and servants of the Market Committee;

(ii)bill for payment of works and repairs which have been duly sanctioned by the Market Committee;

(iii)bill for meeting urgent expenditure for which there is budget provisions or which does not exceed Rupees Five Hundred :

Provided that in the absence of the Chairman, the bills for payment may be passed and signed by the Vice-Chairman :Provided further that the Secretary of the Market Committee may pass and sign bills for payment up to the extent authorised by the Committee under sub-rule (1).

(4)Every payment charged to the Market Committee Fund shall be supported by 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 only after it has been approved by the Market Committee, except-

(i)for payment of salary and allowances of members of the service and of officers and servants of the Market Committee;

(ii)for payment of works and repairs which have been duly sanctioned by the Director;

(iii)for meeting urgent expenditure not exceeding two hundred rupees for which there is a budget provision.

(5)No expenditure shall be incurred for which there is no budget provision, unless it can be met by re-appropriation from savings under other heads or by a supplementary grant from the available reserve which has been duly sanctioned by the Market Committee and for which the previous approval of the Director has been obtained.

(6)Every expenditure shall be supported by a voucher duly signed by the Payee.

(7)The general cash book shall be maintained under the supervision of the Secretary of the Market Committee.

15. [ Authorities to sanction expenditure. [[Substituted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001. Prior to substitution it read as under :

'15. Authorities to sanction expenditure.-The Market Committee shall, with the previous sanction of Government, incur during the year an expenditure for any of the purposes contemplated in sub-section (3) of Section 17. However, under special exigencies, for expenditure under Section 17 (3) the Market Committee with the previous sanction of the Director, may incur an expenditure up to a limit of Rupees Five Hundred during any year and get it ratified by Government. Such an expenditure shall be out of the lump sum provision made in the budget for the year in question and approved by Competent Authority.']]- The Market Committee may, with the previous sanction of the Managing Director, sanction grant, advance or incur expenditure during the year for any purpose contemplated in sub-section (3) of Section 17.]

16. Limits of expenditure on items of special nature.

(1)The Market Committee, with the sanction of the Government may,-

(a)contribute towards the opening ceremony of the Market Committee constituted for the first time or of an institution under the control of the Market Committee;

(b)defray any other extraordinary charges.

(2)A Market Committee may incur expenditure towards preparation of address to the Governor, or a Minister of an amount not exceeding rupees one hundred :Provided that no charges shall be incurred on entertaining any Minister or any other V.l.P. or on the purchase of any casket for the presentation of address to him.

17. Vouchers.

- Vouchers for payment shall be in such forms as may be prescribed by the Director and care shall always be taken to keep a sufficient stock of these forms in hand. In the case of miscellaneous purchases, the payment shall be made on the supplier's bills. When such payments are made from the cash balance (permanent advance), the supplier's bills shall be attached to the recoupment bill as sub-vouchers. If they are in an Indian language an English abstract of them shall always be inserted in them under, the initial of the Secretary or the Drawing Officer of the Market Committee. When petty payments are made from the cash balance (permanent advance) and no separate receipts can be obtained, a memorandum shall be drawn showing the nature, an amount of expenditure and this shall be passed by the Secretary or the Drawing . Officer. After payment is made this shall be treated as sub-vouchers for the payment. Vouchers passed for payment by an officer subordinate to the Secretary shall, as soon as possible and not later than the end of the month in which payment is made, be submitted to the Secretary who shall scrutinise them and countersign them if they are in order in all particulars.

18. Presentation of bills.

(1)Every person having any claim against the fund of the Market Committee shall present a bill at the office of the Market Committee. Wherever possible, such bill shall be in the form, if any, provided for the purpose and claimant shall duly date and sign the same and stamp it, where necessary.

(2)Wherever possible, printed forms shall be used in preparing bills.

(3)Where a claimant presents a bill in a form different from that, if any, provided for the purpose, a separate bill in the proper form shall be prepared by the office incurring the expenditure and the claimant's bill shall be attached thereto as a sub-voucher.

19. Authority to sanction the bill.

- Whenever any item of expenditure requires the sanction of any authority higher than the officer or servant drawing the bill, such sanction shall be obtained and the terms thereof shall be quoted on the bill. A copy of the order conveying such sanction shall be communicated to the auditing officer authorised by the Director in this behalf (in case of internal audit), and to the Director of the Local Fund Accounts.

20. Sanction of bill.

(1)No item of expenditure shall be sanctioned by the Market Committee unless a certificate in the following form has been furnished in respect thereof :Form of CertificateRs.The amount may be met from the budget allotment of :The amount spent under this head up-to-date is :The amount sanctioned up-to-date but not spent is :The amount to be sanctioned now is :......................................................................................................................................................Total......................................................................................................................................................The balance remaining will be

(2)If there is no budget provision under the head concerned and the Market Committee decides to find the amount by re-appropriation from another head, the word "by re-appropriation" shall be added after the word "met".

(3)The certificate shall be entered in the agenda, circulated before the meeting and if accepted by the Market Committee, it need not to be written again as part of the resolution in the minutes book. If, however, the committee makes any alteration either in the amount of expenditure or in the head from which the expenditure is to be met, the certificate as amended shall form part of the resolution of the Market Committee and be entered as such in the minutes book.

21. Period of Bill for payment.

- No claim against the Market Committee shall be paid when the bill in respect thereof is presented more than six months after from the date on which the claim became due without the specific sanction of the Market Committee in that behalf.

22. Payment of bills other than monthly pay bills.

- Every bill other than monthly pay bills shall be presented to the Secretary who shall make it over to the accountant or to the authorised dealing assistant. The accountant or the dealing assistant, as the case may be, shall enter it in a register of bills and then check and examine the bill as regards to its admissibility with reference to sanction or other documents, the propriety of the claim and the arithmetical accuracy. If on such check and examination the bill is found to be correct and in order it shall be placed before the Competent Authority for signing the payment orders in the bill which shall be in the following form :Form

Passed for Rs.	(in words and figures) only.
Passed by cheque Rs.	(in words and figures) by debit to (Major, Minor and detailedheads).
Adjusted Rs.	(in words and figures) by debit to (Major, Minor and detailedheads) and credit to (major, minor and detailed heads).

23. Acknowledgement and receipt of bills.

(1)Separate acknowledgements (stamped where necessary) shall be taken when disbursements are made in the office of the Market Committee in the last column of the bill and in other cases in the acquittance register from each officer or servant to whom any salary or allowance is paid except the drawer of the bill is the sole payee and has already furnished a receipt (stamped where necessary) in the bill itself.

(2)Where any authorised officer or servant of the Market Committee makes any payment from any sum drawn by him he shall, unless a receipt (stamped where necessary) has been furnished on the bill itself, obtain and attach to the bill a separate receipt (stamped where necessary).

24. Overpayment of the Bill.

- The responsibility for an overpayment shall rest primarily with the drawer of the bill who shall be required to make good the overpayment and failing recovery from him the overpayment shall be recovered from the countersigning or passing officer only in the event of culpable negligence by either of them.

25. Preparation and drawal of establishment bills and T.A. Bills.

- Pay bill and T.A. bill shall be prepared in such forms as may be prescribed for the purpose by the Director. Cheques in payment of establishment bills and T.A. bills shall be drawn in favour of the Secretary or the other supervisory staff, as the case may require.

26. Monthly pay bills.

- The monthly pay bills of the members of the service or the establishment of the Market Committee shall be supported either by an absentee statement in such form as may be prescribed by the Director or by a certificate in the bill that no leave has been granted to any member of the service or the members of the establishment of the Market Committee.

27. Increment and the pay bills.

- To the first pay bill in which a periodical increment is drawn, an increment certificate, in such form as may be prescribed by the Director shall be attached.

28. Pay of officer or servant deputed by Government or other Market Committee.

- The pay of an officer or servant deputed by the Government to the Market Committee or transferred to it from any other Market Committee shall be drawn only after the receipt of a last pay certificate (which shall be in such form as may be prescribed by the Director from time-to-time) granted by the head of his former office. Such certificate shall be attached to the first pay bill drawn after such deputation or transfer.

29. Arrear pay.

- Arrear of pay shall be drawn not in the monthly but in separate bill, which shall quote the bill from which the charge was omitted or withheld or on which it was refunded by deduction.

30. Last payment of an employee's pay and allowances.

- The last payment of an employee's pay and allowances or, in case he is finally quitting service or the service of the Market Committee at the end of any leave granted to him, the last payment of his leave salary shall not be made until it has been ascertained that there are no demands outstanding against him. A certificate to this effect signed by the Chairman in case of members of the service and by the Secretary in case of officers and servants of Market Committee shall be attached to the bill in which such pay and allowances or leave salary is claimed.

31. Pay, leave salary and allowance to a deceased member of the service or the officer and servant of the Market Committee.

- Pay, leave salary and allowances may be drawn for the day of man's death; the hour at which death takes place does not affect the claim.

32. Payments due to a deceased officer or servant.

- The payment due to a deceased member of the service or officer or servant of the Market Committee shall not be made except on the production of an authority of the nature specified in clause (i), (ii), (iii), (iv) or (v) of sub-section (1) of Section 214 of the Indian Succession Act, 1925 :Provided that payment may be made without the production of such authority :

(i)to the extent of three hundred rupees under the orders of the Chairman (in case of members of the service) or under the orders of the Secretary (in case of officers and servants of Market Committee) if he is satisfied, after such enquiry as he may consider sufficient, about the right and title of the claimant; and

(ii)above three hundred rupees under the orders of the Market Committee on the execution of an indemnity bond with such surety or sureties as it may require, if it is satisfied, after such enquiry as it may consider sufficient, about the right and title of the claimant and considers that undue delay and hardship would be caused by insisting on the production of such authority.

33. Signing of pay bills, T.A. bills and other allowance bills.

(1)The pay bills shall be signed and passed by the Secretary who shall be the pay drawing officer for himself, other members of the service and all other officers and servants of the Market Committee.

(2)T.A. Bills and other allowance bills in case of the members of the service, shall be signed and passed by the Chairman and in case of the officers and servants of the Market Committee, these shall be signed and passed by the Secretary.

34. Cheques in respect of payment of salary and fixed allowance.

- The cheques in respect of payment of salary and fixed allowance shall not be issued before the first working day of the month of following that to which the payment relates :Provided that in the event of an officer or servant finally quitting the service of the Market Committee or being transferred to the service of another Market Committee or the Government, cheques may be issued on the date of such event :Provided further that when the first day of a month is public holiday on which payment are not made at the Treasury or Bank concerned, cheques may be issued on the last working day before the holiday.

35. Responsibility of the drawer of the bill.

- The drawer of the bill for salary and allowances shall be personally responsible for the amount so drawn until it has been disbursed to the proper person or persons and their acquittances (stamped where necessary) have been obtained. If the payee does not present himself within thirty days from the date of the drawal of money, the amount drawn for him shall be refunded by a short drawal in the next bill. The amount of salary and allowance drawn shall not in any circumstances be placed under deposit.

36. Checking of monthly bills.

- In order to facilitate the check of the monthly bills for recurring charges, such as pay of establishment, house rent and fixed travelling and conveyance allowances, an audit register shall be maintained in the office of the Market Committee.

37. Custodian of cheque books.

- The cheque books shall be kept in the personal custody of the Drawing Officer or the Office Superintendent or the Accountant and when transfer of charge takes place a note shall be recorded in the cash book over the signature of both the relieved and the relieving officer or officers showing the number of unused cheques and cheque books made over and received by them, respectively.

38. Precautions to be observed in the maintenance of cheque books.

- The cheque book in use may be made over to the Accountant whenever required but it shall be returned before the office is closed for the day. The officer in whose custody it is to remain shall satisfy himself then and there that all unused pages are in the book and that none has been surreptitiously extracted.

39. Writing up of cheques.

- The amount of every cheque drawn shall be written in words as well as in figures both on the cheque itself and on the counterfoil and the counterfoil shall be initialled by the person who signs the cheques.[40 Authority to sign cheques. [[Substituted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001. Prior to substitution it read as under :'40. Authority to sign cheques.-Cheques of the value of rupees one hundred and below drawn on behalf of the Market Committee shall be signed by the Secretary. All other cheques drawn on behalf of the Market Committee shall be signed by the Secretary and countersigned by the Chairman or by the Vice-Chairman in the absence of,he Chairman No payment shall be made from any Government treasury or bank or any cheques purporting to be drawn on behalf of the Market Committee, unless it is signed and countersigned as the case may be, as aforesaid. Whenever a person who is empowered to sign or countersign hands over charges of his office, whether temporarily or permanently he shall send a specimen of the signature of the relieving officer together with a certificate in the form given below to the treasury or the bank, as the case may be:Form of CertificateSignature and designation of the relieving officerI certify that above is the signature of the Officer to whom I have made over charge of my office with effect from the forenoon/afternoon of (date)......day of....... (month) 19l......Signature and designation of the officer making over charge with date....']]- Cheques on behalf of the Market Committee shall be signed by the Accountant of the Market Committee and countersigned by the Secretary. No payment shall be made from any Government Treasury or Bank on any cheques purporting to be drawn on behalf of the Market Committee unless it is signed and countersigned as above. Whenever a person who is empowered to sign or countersign hand-over charge of his office, whether temporarily or permanently, he shall send a specimen of the signature of the relieving officer together with a certificate in the form given below to the Treasury or the Bank, as the case may be :-Form of CertificateSignature and designation of the relieving officer,I certify that the signature put above, is the signature of the officer to whom I have made over charge of my office with effect from the fore-noon/afternoon of (date) day of (month) (year).Signature and designation of the officermaking over charge with date]

41. Signing of cheques.

- No cheque shall ordinarily be signed unless required for immediate delivery to the person to whom the money is to be paid.

42. Cancellation of cheques.

- When a signed cheque is cancelled, it shall be effaced or stamped "cancelled" by the Secretary and shall be destroyed by the auditor at the time of audit. The fact of cancellation shall be noted in red ink under the initial of the drawer of the cheque upon the counterfoil and also across the pass order on the voucher.

43. Cancellation of cheque and the cash book.

- If the cheque is cancelled before the cash transactions of the month in which it was issued have been totalled, the entry in cash book shall be struck out in red ink under the initials of the Secretary with a note that the cheque has been cancelled.

44. Issue of cheque and the cash book.

- If, however, the cash book has been totalled, and the correction is required to be made in a year subsequent to that in which the cheque was issued, the amount of cheque shall be credited in the cash book in the Treasury or Bank under the head "refunds of the expenditure of the previous year". If, however, the correction is made in the year in which the cheque was issued, it should be posted on the payment side of the cash in the Treasury or Bank column as a minus entry under the head of expenditure to which it was originally charged.

45. Deposits.

(1)The deposits of a Market Committee shall be of the following kinds, namely :

(a)Market functionaries deposits;

(b)Contractor's deposits for the due fulfilment of contract;

(c)Security deposits of the members of the service and Market Committee officers and servants;

(d)Unclaimed due;

(e)Election deposits;

(f)Other miscellaneous items.

(2)The deposits shall be in cash or bank guarantee or as may be prescribed by the Director in this regard.

46. Items not to be credited to deposit head of account.

(1)The following items shall not be credited to any deposit head of account :

(a)sums that can be dearly brought to account under any revenue head;

(b)pay, pension, leave salary or other allowances; and

(c)fines.

(2)No item shall be credited to any deposit head of account except under the written order of the Secretary.

47. Register of deposits.

(1)

(i)A register of deposit should be maintained in such form as may be prescribed by the Director and separate pages should be allotted for each class of deposits.

(ii)A certificate to the effect that the entries in the register are maintained up-to-date shall be recorded therein at the end of each quarter by the Secretary.

(2)A register of security deposits shall be maintained in such form as may be prescribed by the Director to show the amount of security required for each member of the service or servant or officer and the amount furnished by each.

48. Credit of deposit to a revenue head of account.

- At the end of each year, any deposit or balance thereof shall be credited to a revenue head account if, it has remained unclaimed for a period of three years from the date on which it became payable or, in case the deposit has been received in cash and the deposit or balance thereof does not exceed one rupee, if it has remained unclaimed for a period of one year from the date on which it became payable.

49. Refund of deposit.

- No deposit shall be refunded except under the written orders of the Director in case of Security deposit of members of the service or of the Secretary in other cases. The orders for refund shall be made on a deposit refund voucher in the prescribed form after the Secretary has satisfied himself by a reference to the appropriate register of deposit is actually outstanding and that the accountant or the dealing assistant has certified to that effect.

50. Refund of election deposits.

- The election deposits received under sub-rule (4) of Rule 15 of the Madhya Pradesh Krishi Upaj Mandi (Adhisuchana Prakashan Riti, Bharsadhak Samiti Tatha Mandi Samiti Gathan) Niyam, 1974, shall be returned, subject to the provisions of Rule 39 of the said Niyam, only under the orders of the election authority.

51. Authority to sanction refund of deposit.

- No deposit credited to a revenue account head under Rule 49 shall be refunded except with the sanction of the Director in case of members of the service and for others by the Market Committee, obtained on an application made by the person entitled to the refund.

52. Register of investments.

- The Market Committee shall maintain a register of investments in such forms as may be prescribed by the Director showing the Government and other securities as well as any other investments held by it as its property.

53. Stamp account.

- A register of stamp account shall be maintained in such forms as may be prescribed by the Director. When any charges are incurred in a contingent bill on account of purchase of stamp for postage, the Secretary or the Officer-in-charge in the case of subordinate officers shall before signing the contingent bills satisfy himself that the stamps have been actually brought to account in the register maintained under this rule and should initial the entries in question. Care shall also be taken to see that the issue entries on account of postage are fully supported by the corresponding entries in the despatch register. The balance shall be struck off in the register and verified at the end of each month by the Secretary or by an Officer-in-charge in the case of subordinate officers, who shall certify to the verification in the register.

54. Stationery account.

- The Market Committee shall maintain the stationery account in such forms as may be prescribed by the Director. The purchases shall be made annually on indents duly sanctioned by the Market Committee and showing the stock in hand at the time, the actual consumption of the previous year and the quantity required. The issue should be acknowledged in the register by the recipients concerned. The balance should be struck at the end of each quarter and verified with the actual stock by the Secretary who shall certify to the verification in the register.

55. Suits for recovery of dues.

- The Market Committee shall maintain a register in such forms as may be prescribed by the Director wherein the suits instituted, cause incurred, suits disposed of in favour of or against the Market Committee and cause awarded by the Courts shall be recoded. The undisposed cases at the close of the year or suits, the cost of which have not been or have been only partially recovered shall be transferred to the register for the ensuing year. The register shall be written up as soon as suits are instituted and charges paid with reference to payment vouchers. It shall be periodically reviewed by the Secretary to see that necessary action for recovering any dues is taken in time.

56. Refund of revenue.

- Whenever any refund of revenue already collected are made with the sanction of the Market Committee, the fact of the refund shall be noted in the register concerned against the entry for the receipt of the item concerned.

57. Refund of amount in certain cases.

- The Market Committee shall refund the amount paid to it in the following cases :

(i)Where any sum has been deposited for the issue of licence which has not been issued;

(ii)Where person has wrongly applied and paid for and has been issued two or more licences of the same nature-in his name for the same market area or market yard as the case may be;

(iii)Where any market fee has been received in excess of the amount actually due;

(iv)Where any market fee has been recovered on a transaction which is exempted under the Act or the Rules framed thereunder;

(v)Where any money has been paid to the Market Committee against a receipt by mistake :

Provided that no such refund shall be made without a written application for refund and without prior sanction by Chairman :Provided further that a refund bill shall be prepared and duly passed for payment by the Chairman.

58. Checks on receipt and expenditure.

- The Market Committee shall take all possible steps to secure an adequate check on the due crediting of receipts and on payments made by its officers and servants and shall furnish to the auditing officer/official, all information required regarding the action taken in this respect.

59. Verification of security and other investments.

- The amount of every security and other investment shall be verified annually :

(a)by the Secretary as soon as practicable after the close of year and a certificate of verification recorded in the register of investments; and

(b)by the auditing officers and officials at the time of audit.

60. Writing-off of security or other investments.

- No security or other investments entered in the register shall be written-off unless and until it has been disposed-off by sale or otherwise.

61. Defalcation or loss of moneys or stamps.

(1)Any defalcation or loss of moneys or stamps belonging to the Market Committee shall be reported immediately after discovery to the Director and also to the officer looking after marketing work in whose jurisdiction the Market Committee is situated, further and complete report shall also be submitted to them as soon as may be after the matter has been fully enquired into, setting forth the nature an extent of defalcation or loss, the errors or neglect of rules by which such defalcation or loss was rendered possible, and the prospect of effecting a recovery.

(2)Loss by theft or otherwise of other property belonging to the Market Committee shall be reported to the auditing officer/officials, if the value of the property loss exceeds one hundred rupees.

(3)The submission of the report under sub-rules (1) and (2) shall not be deemed to debar the Market Committee concerned or its Secretary from taking such further action as may be considered necessary.

62. Liability of members of the service or the employees of Market Committee for misappropriation of funds.

- Members of the service or t e employees of the Market Committee shall be personally liable for the loss, waste, misapplication or misappropriation of any money or other property held for the administration of the Market Committee if such loss or waste or misapplication or misappropriation is a direct consequence of his neglect or misconduct in his capacity as members of the service or as servants of the Market Committee, and a suit for compensation for the same may be instituted against him, as if the money or the property had belonged to the State Government.

Chapter III
Loans and Advances

63. Loans and advances to the Market Committee.

(1)The Market Committee may, through a resolution duly passed by it in this behalf through the Director for obtaining loans, subsidies and grant-m-aids from the Government or State Agricultural Marketing Board or other Agency or other Market Committee as may be necessary for the management, improvement and development of the market yards, acquisition of lands or buildings or repairs to buildings or any type of constructions, setting up of grading units and in general for the development of marketing facilities in the market area .Provided that in case of State Marketing Board and other Market Committees, the application shall be in Form XIV.

(2)The Director shall, after such enquiries as may be considered necessary forward the proposals received under sub-rule (1) to the State Government or the State Agricultural Marketing Board or other Agency or other Market Committees as the case may be with his recommendations.

(3)The State Government or the State Marketing Board or other Agency or other Market Committees as the case may be, where it is satisfied sanction such loans, subsidies and grant-in-aids as may be deemed necessary :Provided that in getting the sanction of the loan from the State Agricultural Marketing Board, or other Agency or other Market Committee previous approval of State Government shall be obtained in accordance with Section 24 :Provided further that the loans shall be advanced against the property of the Market Committee except where specifically exempted by the State Government in case of loans for meeting the cost of management of the Market Committee in the initial stages.

(4)Each loan under sub-rule (3) shall form first charge on the income of the Market Committee and shall be repayable in such instalment and shall carry interest at such rate or rates as may be fixed by the Government or the State Agricultural Marketing Board or other Agency or other Market Committee in each case.

(5)Deferred payments and unpaid balances, if any, shall be realised from the Market Committee in such manner and shall bear such enhanced rates of interest as the State Government or the State Agricultural Marketing Board or other Agency or other Market Committee may lay down at the time of sanctioning the loan.

(6)The Director shall require the Market Committee to deposit in the Government Treasury each instalment of the loan advanced under sub-rule (3) along with interest, as and when it falls due under the terms and conditions of the Government loan.

(7)In case of giving the loan by the Board or other Agency or other Market Committee the instalments shall be deposited at such institutions as pointed out by the Board or other Agency or other Market Committee.

(8)Where the Director feels that any part of the loan advanced under sub-rule (3) is not easily recoverable from the Market Committee, State Government will be moved for recovery of the said loan.

(9)The State Government may, on receipt of a report from the Director under sub-rule (8), order the recovery of the entire amount due from the Market Committee as arrears of land revenue under the Act.

(10)The Market Committee shall maintain a register showing the receipt of the loan, the repayment thereof and payments of interest paid, etc.Chapter-IV Budget

64. Annual estimates of income and expenditure.

(1)The Secretary shall, on or before the Seventh of July, each year, cause in Form XV to be prepared and laid before the Finance Committee and if there is no Finance Committee before the sub-committee (constituted for the purpose), estimate of income and expenditure of the Market Committee for the next financial year.

(2)The Finance Committee or the sub-committee, as the case may be, shall, as soon as may be, consider, the budget estimates prepared by the Secretary and make such modifications and additions thereto as it shall think fit and submit the same to the Market Committee not later than the fifteenth day of July.

65. Preparation and submission of budget.

(1)The budget shall be for the market year commencing from the first October and ending on thirtieth September.

(2)The Market Committee shall hold a meeting each year during the third week of July to consider the budget estimates of income and expenditure and finalise the same for the ensuing year. After consideration in a budget estimate the committee may approve them without any change or subject to such alterations as it may deem expedient, approve them.

(3)The budget as approved and finalised by the Market Committee shall be submitted to the Director not later than Thirty-first of July every year, for sanction and abstract accounts of the receipts and expenditure of the previous market year shall also be submitted to the Director not later than the first December.

(4)No provision for works and repair shall be included in the budget without the previous approval of the Director or any officer authorised by him in this behalf, if the estimated cost of it exceeds five thousand rupees.

(5)The budget shall be accompanied by the following statements :

(a)A statement in Form XVI showing the details of the scales and salary of the establishment of the committee provided for in the budget;

(b)A statement in Form XVII showing the details of the estimated expenditure on works proposed to be undertaken during the year. No work for which plans and estimates have not been previously prepared and sanctioned by Competent Authority shall be included in the budget;

(c)A statement in Form XVIII showing the loan obtained, the balance outstanding under each loan and the amount to be discharged during the market year on account of repayment of principal and payment of interest;

(d)A statement in Form XIX showing the fixed contributions (to the funds like State Marketing Developing Fund, etc.) payable by the Market Committee.

(6)If the committee fails to adopt the budget estimates and forward to the Director on or before the time prescribed under sub-rule (3), the Secretary shall prepare and forward the budget with the statements specified in sub-rule (5) to the Director and it shall be deemed to have been duly adopted by the Market Committee.

(7)No expenditure shall be incurred by the Market Committee 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 reserves approved by the Director or any officer authorised by him.

(8)It shall be open to the Director to modify, annul or rescind the budget estimates for reasons to be recorded and communicated in writing to the Market Committee.

(9)The Director or any other officer authorised by him shall return the budget with his sanction in accordance with sub-rule (8) before the commencement of the new market year :Provided that in case the budget is not received by the Market Committee duly sanctioned the Market Committee may incur expenditure as provided for in the budget in respect of salary and other allowances of the staff of the Market Committee and other routine expenditure and if it is not approved within sixty days from the date of receipt, it shall be deemed to have been duly approved by the Director or any other officer authorised by him.

66. Manner of preparing the budget estimates.

(1)The estimates shall be accompanied by a brief explanatory memorandum.

(2)The estimates shall be so prepared as to provide for a closing balance which a Market Committee shall maintain at its credit at the end of the year and the amount of which shall not be less than five per cent of its recurring annual income.

(3)

(a)The estimate of income shall be based on a comparison of the last three years' receipts. The estimate from market fees and other sources for which there is a fixed demand shall, however, be limited to the average of three years' actuals or to the year's demand plus a reasonable percentage of the recoverable arrears whichever is less.

(b)The estimates of total expenditure shall not exceed the average of actual receipts of the previous three years or the estimated receipts of the market year whichever is less. The total provision of expenditure for recurring items shall not exceed the average of past three years' receipts on account of fixed demand or the estimated receipts for fixed demand of the year, if the fixed demand has been increased for that year.

(4)The estimate of expenditure on fixed establishments as well as fixed monthly recurring charges on account of rent, allowances, etc. shall be made according to actual sanctioned scale, irrespective of savings, and shall provide for the gross sanctioned pay without deductions of income tax.

(5)For contingent expenditure the estimates shall be based upon the average actual expenditure of the past three years, exclusive of any special items as if expenditure that may have been incurred during those years.

(6)The amount of any grant from the State Government un-expanded at the beginning and end, respectively of the market year shall be shown separately in the estimated opening and closing balances. Such amounts, shall not be taken into consideration in determining whether closing balance exceeds the minimum balance prescribed.

(7)The revised estimate for the current year shall also be shown in the budget and it shall be based on the actual receipts and expenditure ascertained at the time when the budget estimates for the ensuing year is prepared and the probable receipts and expenditure during the remaining portion of the year. The revised estimate thus arrived at shall then be compared with (i) the adopted or sanctioned budget estimate for the current year, and (ii) the budget estimate proposed for the ensuing year and all important variations between the adopted or sanctioned budget estimate for the current year and the budget estimate proposed for the ensuing year shall be explained in the explanatory note.

67. [ Sanction and supervision of construction works. [[Substituted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001. Prior to substitution it read as under :

'67. Preparation and submission of plans and estimates for works.-(1) The preparation of plans and estimates for works proposed to be undertaken and for the repairs to the existing buildings at the expense of the Market Committee will be attended to by such of the Engineering Personnel as directed by the Director.

(2)For works estimated to cost upto rupees five thousand the Market Committee shall be competent to approve the same and undertake work.

(3)For works estimated to cost more than rupees five thousand the financial sanction of the Director or the Officer authorised by him shall be obtained and only then work will be undertaken.']]

(1)The Market Committee may sanction from its fund, except the permanent fund specified in sub-section (6) of Section 25-A of the Act, for construction works, and execution of such works shall be carried out on the basis of the plan and design approved by the Market Committee in such manner as may be prescribed by the Madhya Pradesh State Agriculture Marketing Board, provided that for repairing and maintenance the Market Committee may prescribe its own manner and may spend.

(2)The Madhya Pradesh State Agriculture Marketing Board shall be competent for the execution of construction works provided that the Market Committee may, with the previous sanction of the Managing Director, authorise any department or undertaking of the State Government, authorised by the State Government for this purpose, for the execution of work. The execution of such construction works shall also be carried out in the manner prescribed by the Board.

(3)The supervision of the construction work shall be done by the Chairman, Secretary or such Member who is authorised by the Market Committee. In addition to this, such officer of the Board, who is empowered by the Board or in the case of authorised agency such agency may also supervise the construction work.]

68. Power of Market Committee to after budget grants.

- The Market Committee may, from time to time during the market year, transfer the amount or a portion of the amount of one budget grant from one major head to another in the budget estimate or increase the amount of any budget grant or make an additional budget grant for the purpose of any special or unforeseen requirement arising during the said year, but not in such way as to bring the estimated cash balance at the close of the year below the limit prescribed under Rule 66 (2).

69. Re-appropriation of saving from one item to another item of expenditure and supplementary grants.

- The Market Committee shall regulate its expenditure in accordance with the provisions of its budget and in accordance with the instructions issued, from time to time, by the Director. No expenditure shall be incurred for which there is no budget provision unless it can be met by re-appropriation from savings under other heads or by a supplementary grant from available reserves subject to such demand from the Market Committee and sanction thereto by the Director.

70. Diversion of earmarked funds.

- Where for a specific purpose, any loans has been released, any contribution has been received or any fund has been earmarked, such loan, contribution or fund shall not be diverted permanently or temporarily to any purpose other than that for which the same has been raised, received or earmarked as the case may be, without the previous sanction of the Government.

71. Power of the Market Committee to release its income and expenditure during the market year.

(1)If at any time during the market year it appears to the Market Committee that the income of the Market Committee Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimate of that year it shall be incumbent on the Market Committee forthwith to sanction any measure which they may consider necessary for proportioning the year's income to the expenditure.

(2)For the purpose of sub-rule (1), the Market Committee may either diminish the sanctioned expenditure of the year, so far as it may be possible to do so with due regard to all the requirements of the Act, or have recourse, subject to the conditions and limitations prescribed under the Act, to an increase of the rate, or adopt all or any of those methods.

72. Register of estimates and allotments.

- All estimates and allotments shall be maintained in such form as may be prescribed by the Director. When a revised estimate is sanctioned, the entry relating to the original estimate shall be nearly scored through in red ink and entries pertaining to the revised estimate made.

73.

[x x x] [[Omitted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001. Prior to omission it read as under :'73. Supervision of works.-All works shall be carried out under the supervision of the Secretary and Chairman or any member or members of the Market Committee duly authorised in this behalf by the Market Committee by passing a resolution.']]Chapter-V Internal Audit

74. Internal audit.

- The Director may authorise any officer/auditor to carry on the work of guiding the Market Committee in the maintaining of accounting procedure and following it rigidly by having internal audit.Chapter-VI Returns

75. Monthly account.

- At the close of each month, the account of receipt and payment during the month shall be prepared by the Secretary in such form as may be prescribed by the Director and shall be placed before the Market Committee at its ensuing meeting.

76. Quarterly abstracts of accounts.

(1)The Secretary shall draw up a quarterly abstracts of the receipts and expenditure of the preceding quarter and such abstracts, shall be examined by the sub-committee and/or the officer authorised by the Director.

(2)The abstract of the accounts drawn up under sub-rule (1) shall be placed before the Market Committee.

77. Annual report and the balance-sheet.

- At the close of each market year, the Market Committee shall prepare the annual balance-sheet in such form as may be prescribed by the Director and also prepare an annual report and shall submit copies of the said balance-sheet and the said annual report within thirty days of the close of the market year, to the Director or the officer authorised by him.

78. Statement of assets and liabilities.

- The Market Committee shall prepare before the expiry of thirty days following the close of its market year a statement of its assets and liabilities and send the same along with the balance-sheet to the Director.

79. Publication of accounts.

- The annual accounts of receipts and expenditure, and the budget when sanctioned, shall be open to public inspection free of charge and shall be published by the Market Committee either by printing or by cyclostyling.Chapter-VII Constitution of State Marketing Service

80. Constitution of State Marketing Service.

(1)There shall be constituted for the State, the Madhya Pradesh State Marketing Service.

(2)The Madhya Pradesh State Marketing Service shall consist of the following posts, namely :

(i)Secretary;

(ii)Assistant Secretary;

(iii)Marketing Inspector.

(3)

(a)The Secretaries shall be of the following grade, namely :

(i)Secretary Grade-I;

(ii)Secretary Grade-II;

(iii)Secretary Grade-Ill;

(iv)Secretary Grade-IV.

(b)The Assistant Secretaries shall be of the following grades, namely :

(i)Assistant Secretary Grade-I;

(ii)Assistant Secretary Grade-II.

(c)The Marketing Inspectors shall be of the following grades, namely :

(i)Marketing Inspector Grade-I;

(ii)Marketing Inspector Grade-II.

(4)The scale of pay for Member of the Service shall be as shown in Form XX.

(5)The Assistant Secretary shall be appointed for a Market Committee with an annual income of above rupees three lakhs.

(6)The Marketing Inspector shall be appointed for a Market Committee with an annual income of more than rupees one lakh.Explanation. - For the purposes of sub-rules (5) and (6), the annual income of a Market Committee shall be an average of the income of the preceding three years.

81. Strength of Service.

(1)The strength of the service showing the number of posts in Market Committees shall be as given in Form XX.

(2)No member of the service shall be entitled to compensation in consequence of any change made in the structure of the service or in the event of the State Government leaving unfilled or holding in abeyance any post in the cadre.Chapter-VIII Recruitment, Appointment and Promotion

82. Method of recruitment.

(1)Recruitment to the service shall be made as follows :

(i)Secretary, Grade-1

(a)by deputation from Agricultural Department;

(b)by promotion from amongst the Secretaries Grade-II with a minimum service of six years in that grade.

(ii)Secretary, Grade-II

(a)by deputation from Agricultural Department;

(b)by promotion from amongst the Secretaries Grade-III with a minimum service of six years in that grade or Assistant Secretary Grade-I with a minimum service of six years in that grade.

(iii)Secretary, Grade-1II

(a)by promotion from amongst the Secretaries Grade-IV with minimum service of six years in that grade; or

(b)by promotion from amongst the Assistant Secretaries Grade-II with a minimum service of six years as Assistant Secretary in that grade; or

(c)from amongst the Marketing Inspectors Grade-I with a minimum service of six years in that grade.

(iv)Secretary, Grade-IV

(a)by direct recruitment;

(b)by promotion from amongst the Marketing Inspectors Grade-II with a minimum service of three years in that grade.

(v)Assistant Secretary, Grade-I by promotion from amongst Assistant Secretaries Grade-II with a minimum service of six years in that grade.

(vi)Assistant Secretaries, Grade-II by promotion from amongst the Marketing Inspectors, Grade-I or Secretary, Grade-IV, with a minimum service of six years in that grade.

(vii)Marketing Inspectors, Grade-I by promotion from amongst the Marketing Inspectors, Grade-II with a minimum service of three years in that grade.

(viii)Marketing Inspectors, Grade-II by direct recruitment.

(2)

(a)Fifteen per cent, and eighteen per cent of the available vacancies for direct recruitment shall be reserved for candidates who are members of the Scheduled Castes and Scheduled Tribes, respectively.

(b)In filling vacancies so reserved, candidates who are members of the Scheduled Castes and Scheduled Tribes declared by the appointment committee to be suitable for appointment to the service, with due regard to the maintenance of efficiency of the administration of the Market Committee, may be appointed to the vacancies reserved for the candidates of the Scheduled Tribes, as the case may be under clause (a).

(c)If sufficient number of candidates belonging to the Scheduled Castes and Scheduled Tribes are not available for filling up all the vacancies reserved for them, the remaining vacancies shall be filled from amongst other candidates and an equivalent number of additional vacancies shall be reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes for the next recruitment :

Provided that total vacancies reserved for Scheduled Castes and Scheduled Tribes candidates (including vacancies carried forward) shall not exceed forty-five per cent of the total vacancies advertised at any time.

83. Absorption.

- The incumbents holding posts equivalent to the post included in the service immediately before the commencement of these rules shall be absorbed on suitable posts on the basis of their qualifications, experience and record of service. A committee shall be constituted as follows for reviewing such cases and deciding post of absorption .

(1)Chairman, or any member of Madhya Pradesh State Agriculture Marketing Board nominated by the Chairman Chairman,

(2)Director of Mandies Member;

(3)Joint Director of Mandies or any other officer appointed by the Government not below the rank of Joint Director of Agriculture Member-Secretary. The Director of Mandies shall issue absorption order of such staff.

84. Promotions.

(1)The committee constituted under Rule 83 shall also function for selecting the candidates for promotions. The committee shall meet whenever necessary to consider all cases for promotions and submit its recommendations to the Director. The list shall be prepared by the Member-Secretary under Rule 83 and placed before the committee with his recommendations. After consideration, the committee shall draw up a list of persons recommended for promotions and send the same to the Director within month from the date of meeting. In selecting candidates for promotion in addition to the minimum qualifications prescribed in the rules regard shall be had to :

(i)integrity;

(ii)tact and energy;

(iii)intelligence and aptitude; and

(iv)experience and record of service.

(2)On receipt of recommendations of the committee, the Director shall forward this list to Government if he is not empowered to make appointment otherwise he shall pass such orders as he deems fit. The person so selected shall be placed on a select list in order of their seniority and shall be appointed by Director when a vacancy occurs in the respective cadre.

(3)The select list shall be reviewed and revised every year and shall be deemed to be a confidential document.

(4)The select list of candidates selected for appointment by promotion shall be maintained by the Director for each grade separately.

85.

The appointment of a Government servant as the Secretary or Assistant Secretary or Marketing Inspector of a Market Committee on a Foreign service terms shall be in accordance with the conditions laid down in Fundamental Rules (110 to 127) and the contributions towards leave salary and pension due in respect of a Government servant shall be paid by the Market Committee concerned.

86. Unit for appointment.

- For the purpose of recruitment by transfer from among the employees of Market Committees to Grade-IV and for the purpose of promotion from Grade-IV to Grade-III, Grade-III to Grade-II and Grade-II to Grade-I, the employees of Market Committee established of under the Act, in the entire State shall form one unit.

87. Appointing Authority.

- The Appointing Authority shall be the Government.Chapter-IX Qualifications

88. Qualifications.

(1)A candidate for direct recruitment must have attained the age of 21 years (twenty-one) and must not have attained the age of 30 years (thirty) on the first day of January next following the year in which the recruitment is made :Provided that the upper age limits in case of candidate belonging to a Scheduled Caste or Scheduled Tribe, shall be relaxed up to a maximum of five years :Provided further that the upper age limit in respect of candidates who are employees in the Market Committees of the State shall be relaxable up to age of thirty eight years.

(2)Academic qualifications. - The minimum academic qualifications required for candidates for direct recruitment shall be as shown in the Forms XXI and XXII, respectively.

(3)Eligibility for appointment. - (i) A candidate for appointment to service or post must be either-

(a)a citizen of India; or

(b)a subject to Sikkim; or

(c)a person of Indian origin who has migrated from Pakistan with the intention of permanently settling in India; or

(d)a subject of Nepal.

(ii)The appointment of candidates in categories (c) and (d) referred to in sub-rule (i) shall be subject to the issue of a certificate of eligibility by the State Government in their favour. The certificate of eligibility in respect of a candidate belonging to the category (c) referred to the said sub-rule shall be valid only for a period of one year from the date of his appointment beyond which he can be retained in service only if he has become a citizen of India. Certificate of eligibility will not, however, be necessary in cases of candidates belonging to any one of the following categories :-

(a)persons who migrated to India from Pakistan before the 19th July, 1948 and have ordinarily been residing in India since then;

(b)persons who migrated to India from Pakistan after the 18th July, 1948 and have got themselves registered as citizens;

(c)non-citizens mentioned in categories (c) and (d) referred to in clause (i) of sub-rule (3) who entered service under the Government or a local authority before the commencement of the Constitution of India and who have continued in such service since then.

(iii)A candidate in whose case a certificate of eligibility is necessary may be appointed provisionally subject to the necessary certificate being eventually issued in his favour by the State Government.

(4)Character. - The character of a candidate for direct recruitment must be such as to render him suitable in all respects for employment. He should give names of two responsible persons (not relation), who may have been known to him during the three years immediately preceding the date of application, to act as a reference in case of any doubt, etc., regarding is antecedents.(Note. - A person who has been convicted of criminal offence with simple or rigorous imprisonment exceeding six months shall be presumed to be unsuitable for employment. However, if even though a person has been so convicted, but he has been let-off only with a warning and has been sentenced to undergo any punishment, that conviction shall not be taken into account.)

89. Disqualifications.

(1)No male candidate who has more than one wife living and no female candidate who has married a person having already a wife living shall be eligible for appointment to the service or post :Provided that the State Government, may, if satisfied that there are special grounds for doing so, exempt any such candidate from the operation of this sub-rule.

(2)No candidate shall be appointed to the service or post unless he has been found after medical examination to be in good mental and bodily health and free from any mental or bodily defect likely to interfere with the discharge of the duties of the service or post :Provided that in exceptional cases a candidate may be appointed provisionally to the service or post before his medical examination, subject, to the condition that the appointment is liable to be terminated forthwith, if he is found medically unfit.The provisions of this sub-rule shall not be made applicable to the person already in Market Committee service.

(3)No candidate shall be appointed to the service or post-

(a)if he has been dismissed from the service of the Government or Local Authority for misconduct and has been declared to be disqualified for employment in the Public Service;

(b)if he has been convicted of an offence which involves moral turpitude;

(c)if he has-

(i)directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the Market Committee, other than an interest in land held on a lease from the Market Committee, or is a Director, Secretary, Manager or other salaried officer of an incorporated company which has any such shares or interest; or

(ii)acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest aforesaid.

90. Declaration.

(1)A person appointed to the service shall immediately before he joins his duty, declare in Form all the immovable properties owned, acquired or managed by him or by any member of his family dependent on him. He should also declare his allegiance to the Constitution of India, in Form shall further declare that he is conversant with the terms and conditions of service.(Note. - Forms in this regard shall be prescribed by the Director.)

(2)Every member of the service shall submit every year, a return declaring the following :-

(a)his relationship with any member or person employed in the service of any Market Committee;

(b)the amount which he may owe to any person with full details thereof;

(c)assets, movable as well as immovable, owned or acquired by him or managed by him or by any member of his family dependent on him.

91. Medical Certificate.

- A candidate directly recruited to the service shall, subject to these rules, be required at the time of his appointment to produce a Medical Certificate of fitness in Form XXIII signed by Medical Officer in the State Government Service not below the rank of a Civil Surgeon to show that he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties.

Chapter X
Probation, Confirmation, Seniority and Transfer

92. Probation.

(1)A person appointed to a service or post by direct recruitment shall be placed on probation for a period of two years.

(2)The Appointing Authority may for sufficient reasons, extend the period of probation by a further period not exceeding one year in the aggregate.(Note. - A probationer whose period of probation is not extended under this sub-rule but who has neither been confirmed nor discharged from the service at the end of the period of probation, shall be deemed to have been continued in service subject to the condition of his service being terminable on the expiry of the notice of one calendar month given in writing by either side.)

(3)A probationer shall undergo such training and pass such Departmental Examinations during the period of probation as the Government may, from time to time, specify by general or special orders and also as shown in Form No. XXIV.(Note. - If any person fails to pass the examinations specified from time to time, within the period specified for the purpose, his increments shall be liable to be stopped until he passes the examination, but such stoppage of increments shall not have the effect of postponing Ms future increments after he has passed the examinations.)

93. Discharge or reversion.

(1)If, at any lime or at the end of the period of probation or the extended period of probation, as the case may be, the Appointing Authority may,-

(i)suspend the probation of a probationer and discharge him from service for want of vacancy;

(ii)if it is found that a probationer has not made sufficient use of his opportunities or that he has failed to satisfy the standard expected of him or he is otherwise found unsuitable for Ms post, by order terminate the probation and discharge him from the service after giving him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(2)A person whose services are terminated during or at the end of the probationary period shall not be entitled to any compensation from the Market Committee or the State Government.(Note. - Any person who is discharged from the service under this rule shall, if he was appointed to the service by promotion from any post in the service or by transfer from another service, be reverted to such post or service.)

94. Probationer's suitability for full membership.

(1)At the end of prescribed or extended period of probation, as the case may be, the Appointing Authority shall consider the probationer's suitability for full membership of the Grade for which he was selected.

(2)If the Appointing Authority decides that a probationer is suitable for such membership, it shall, as soon as possible, issue an order declaring him to have satisfactorily completed his probation. On the issue of such order the probationer shall be deemed to have satisfactorily completed his probation on the date of expiry of the prescribed extended period of probation.

(3)If the Appointing Authority decides that the probationer is not suitable for such membership, it shall unless the period of probation is extended under Rule 92 by order discharge him from the service.

95. Extension of probation.

- At any time before the expiry of the prescribed period of probation or at the end of it the Appointing Authority may extend the probation of a probationer to decide whether he is suitable for full membership or not. Such extended period of probation shall terminate at the latest when the probationer has, after the date of expiry of the period of probation prescribed for the category in which he is on probation, completed one year of duties in such category. In cases where the probation of a probationer is extended a condition shall, unless there are special reasons to the contrary, be attached to the order of extension of probation that the probationer's increment shall be stopped until he is declared to have satisfactorily completed his probation. Such stoppage of increment shall not be treated as a penalty but only as a condition of extension of probation and shall not have the effect of postponing future increments after he is declared to have satisfactorily completed his probation.

96. Increment.

- A probationer in the service may be sanctioned the first increment and the next increment may be sanctioned only after he is declared to have satisfactorily completed probation. The Appointing Authority shall be the authority to sanction increment.

97. Confirmation.

- A probationer shall be confirmed in his appointment after expiry of the period of probation if,-

(i)he has undergone the prescribed training and has passed the specified examination, if any; and

(ii)the Collector certifies that nothing adverse regarding the integrity of the person has come to his notice.

98. Trial for suitability of officiating persons.

(1)Persons declared permanent in the State Marketing Service when appointed to another service or post by promotion shall ordinarily be appointed in an officiating capacity for a period of two years to ascertain his suitability for the service or post :Provided that the State Government (Appointing Authority) may declare that any previous officiation in such services or post may be counted towards the period of trial to such extent as may be specified in the particular case.

(2)If during or at the end of the period of trial he is found to be unsuitable for the service or post, he shall be reverted to his former substantive service or post.(Note. - The failure to pass the specified examination, if any, within such period as may be allowed for the purpose may be construed as failure to show fitness for the service or post in which the person is officiating.)

(3)If at the end of the period of trial the person is considered suitable for the service or post, he shall be confirmed in the service or post with effect from such date as may be specified in the order of confirmation, by the Appointing Authority.

99. Gradation list.

- A gradation list shall be maintained for the service in which shall be arranged in order of seniority the names of the members of the service holding the posts in that service :Provided that a separate gradation list shall be maintained for each branch or group of posts of the service.

100. Seniority.

(1)The seniority of the members of the service shall be determined in accordance with the following principles, viz. :

(a)Direct recruit.-(i) The seniority of the directly recruited member of the service appointed on probation shall count during his probation from the date of his appointment :

Provided that if more than one person have been selected for appointment on probation at the same time the inter-se seniority of the persons so selected shall be according to the order of the merit in which they were recommended for appointment by the committee.

(ii)The same order of inter-se seniority shall be maintained on the confirmation of such direct recruits if the confirmation is ordered at the end of the normal period of probation. If, however, the period of probation of any direct recruit is extended the Government (the Appointing Authority) shall determine whether he should be assigned the same seniority as would have been assigned to him if he has been confirmed on the expiry of the normal period of probation or whether he should be assigned a lower seniority.

(b)Promoted servant.-The promoted servant shall count his seniority from the date of his continuous officiation in the service of class to which he has been promoted :

Provided that where two or more promoted servants are confirmed with effect from the same date the Government (Appointing Authority) shall determine their inter-se seniority in the service in which they are confirmed with due regard to the order in which they were included in the merit list, if any, prepared for determining their suitability for promotion and their relative seniority in the lower service from which they have been promoted :Provided further that the inter-se seniority between promoted servants and direct recruit shall be determined on the post on the date of promotion/appointment to the service.

(c)Officiating servant. - The inter-se seniority of servants, promoted to officiate in a Mg her service or a higher category or posts, shall, during the period of their officiation, be the same as that in their substantive service or grade irrespective of the dates in which they began to officiate in the service or grade :

Provided that,-

(i)if they were selected for officiation from a list in which the names of servants considered suitable for trial in or promotion to the service where arranged in order of merit, their inter-se seniority shall be determined in accordance with order of merit of such list;

(ii)the seniority of permanent servant appointed to officiate in the service by transfer shall be determined ad-hoc by the order of appointment :

Provided that the seniority proposed to be assigned to each servant shall be determined and intimated to him in the order of appointment.

(iii)where permanent servant is reduced to a lower service, grade or category of posts, he shall rank in the gradation list of the latter service, grade or category of posts above all the others in that gradation list unless the authority ordering such reduction by a special order indicates a different position in the gradation list for such reduced servant;

(iv)where an officiating servant is reverted to his substantive service or post he shall revert to his position in that gradation list relating to his substantive appointment which he held before he was appointed to officiate in the other service or post.

(2)Notwithstanding anything contained above, the seniority of persons appointed prior to the enforcement of the State Marketing Service shall be determined by giving them suitable post and fixing their seniority on the basis of the panel prepared and recommendation given by the appointment committee or the selection committee constituted under these rules for the purpose as per Rule 83.

101. Posting and transfers.

- A member of the service shall be liable to transfer to any part of the State of Madhya Pradesh and postings and transfers shall be made by the Government (Appointing Authority) on the recommendations of the Director/ Appointing Authority or in accordance with the provisions of the Act.

Chapter XI
Pay, Efficiency Bar, Departmental Examination and Increments

102. Time-Scale of Pay.

(1)The time-scale of pay admissible to a member of the service shall be as specified in Form XX :Provided that it shall be open to any person to whom any other time-scales of pay was admissible under any competent order in force immediately before the commencement of the new pay-scale under rules, to opt to remain in that scale of pay but he shall have to give his option in duplicate to the Government (Appointing Authority) and the Chairman through proper channel within three months from the enforcement of these rules in the Form prescribed by the Director. If he fails to do so, the concerned new pay scales shall be made applicable to him from the date of the enforcement of these rules.

(2)No allowances or additions to pay shall be allowed to a member of the service other than such allowance as may be granted to a Government employee in parallel circumstances under the Fundamental Rules applicable to persons employed in the service of the State of Madhya Pradesh.

103. Determination of initial pay.

- The initial pay of a member of service shall be determined in accordance with the provisions contained in Fundamental Rules 22-A and 22-B and revision of pay scales rules applicable to the servants of the State Government.

104. Efficiency Bar.

- In making recommendations in respect of the crossing of efficiency bar by the members of the service, the following criteria shall be followed :

(i)the general criteria is that the person should be efficient in the performance of the particular duties entrusted to him and that he is capable of discharging higher responsibilities. Confidential reports for this purpose shall be taken into consideration;

(ii)the person should be fully conversant with the Act and the rules and bye-laws made thereunder and all the other State Acts connected with local administration;

(iii)apart from intelligence, industry and capacity for work, ability to control subordinates and manage the whole Market Committee's office or any section thereof, as the case may be important factor to be borne in mind in allowing the member of the service to cross the efficiency bar;

(iv)he should also be competent to guide and train his assistants in the office, out door and field work.

105. Departmental Examination.

(1)Every member of the service shall be required to pass the specified examinations as in Form XXIV within two years of his appointment in the service and if he fails therein, his appointment may be terminated notwithstanding any other provisions in this rule :Provided that the State Government may, in special cases extend the period specified in this sub-rule for a period not exceeding two years in the aggregate.

(2)Every Market Committee shall be liable to pay the expenditure involved in getting the servant concerned specified trainings and examinations.

Chapter XII
Termination of Employment, Superannuation and Retirement

106. Termination of Employment.

(1)The temporary appointment of person shall be liable to termination at any time on one month's notice in writing being given by either side or as stated in the letter of appointment.

(2)No member of the service in permanent service shall quit or resign his service without first giving three calendar months' notice in writing of his intention to do so to the State Government or the Appointing Authority through proper channel. A breach by the member of the service of the above provision shall make him liable to pay to the Market Committee as compensation for such breach a sum equal to his pay for the period of notice actually given falls short of the period prescribed :Provided that the payment of such compensation may, in any special case, be reduced or waived by the State Government or the Appointing Authority.

107. Superannuation.

(1)A member of the service shall attain the age of superannuation on the date he completes his 58 (fifty-eight) years of age and he shall be retired on such date :Provided that the State Government may allow a member of the service to continue in employment even after, if he is considered fit and efficient to discharge his duties and a relaxation of age is in the interest of the Market Committee which he happens to be serving on the date, he completes 58 (fifty-eight) years of age :Provided that the case of every person who is to be retained in service beyond the age of 58 (fifty eight) years is covered by specific orders of the State Government obtained in advance. The period of retention shall be limited to brief spells not more than one year at a time so that the continued fitness and efficiency of the member concerned may be kept fairly constantly under review.

(2)Where a member of the service is granted any leave under the leave rules which goes beyond the date which he must compulsorily retire, the grant of such leave shall automatically carry with it the extension of service for the period of such leave.

(3)The total period shall be such that the servant attains the age of 60 (sixty) years.

108. Retirement in certain cases.

- On the completion of twenty-five years of service, a member of the service may retire from the service with the permission of the State Government (Appointing Authority) or the State Government (Appointing Authority) may retire any member of the service on the completion of twenty-five years of service even if he has not attained the age of superannuation on ground of inefficient and unsatisfactory work and conduct, for reasons to be recorded in writing.Chapter-XIII Allowances

109. Dearness, travelling and other allowances.

(1)The travelling allowances and other allowances and conditions of their payments shall be same as those for Government servants on the corresponding scales of pay except in cases where they are fixed differently by special order of the Government in particular cases, for different Market Committees.

(2)Dearness allowance to the corresponding pay scales shall be such as directed by the State Government from time to time.Chapter-XIV Discipline and Appeals

110. Penalties.

- The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on any member of the service, namely :

(i)censure;

(ii)withholding of increments or promotions;

(iii)recovery from pay of the whole or part of any pecuniary loss caused to the Market Committee by negligence or breach of orders;

(iv)reduction in rank including reduction to a lower grade or post or to a lower time-scales, or to a lower state in a time-scales;

(v)removal from service which shall not be disqualification for future employment;

(vi)dismissal from service which shall ordinarily be disqualification for future employment.

Explanation. - (i) The discharge-

(a)of a probationer during or at the end of the period of probation on grounds arising out of probation conditions laid down by the Appointing Authority; e.g., want of vacancy, failure to acquire prescribed (specified) special qualifications or to pass specified test; or

(b)of a person appointed otherwise in or under contract to hold a temporary appointment, on the expiration of the period of the appointment; or

(c)of a person engaged under contract in accordance with the term of his contract; does not amount to removal or dismissal within the meaning of this rule.

(ii)The discharge of probationer, whether during or at the end of the period of probation for some specific fault or on account of his unsuitability for the service does not amount to removal or dismissal within the meaning of this rule.

(iii)The stoppage of a member of the service at the efficiency bar in the time-scale of his pay on the ground of his unfitness to cross the bar does not amount to withholding of increments or promotions within the meaning of this rule.

(iv)A refusal to promote a member of the service after due consideration of his case to a post or grade to which promotions are made by selection, does not amount to withholding of a promotion within the meaning of this rule.

(v)The reversion to a lower post of a member of the service who is officiating in q higher post after a trial in the higher post for administrative reasons such as the return of the permanent incumbent from leave or deputation, availability of a more suitable officer and the like does not amount to reduction in rank within the meaning of this rule.

111. Authority who may impose penalties.

(1)The penalties mentioned in clauses (i) to (iii) of Rule 110 may be imposed on a member of the service by State Government or any such officer as may be authorised by the State Government not below the rank of Joint Director.

(2)The penalties mentioned in clauses (iv) to (vi) of Rule 110 shall not be imposed on a member of the service except by the State Government or the Appointing Authority. (The penalties shall be subject to provisions of the Act and Rules).

112. Procedure for imposing certain penalties.

(1)Without prejudice to the provisions of the Public Servants Enquiry Act, in force, no order shall be passed imposing any of the penalties specified in clauses (iv) to (vi) of Rule 110 on a member of the service unless he has been informed in writing of the proposed action.

(2)The grounds on which it is proposed to take action shall be reduced to the form of a definite charge or charges which shall be communicated to the member of the service charged together with a statement of allegations in which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case.

(3)The members of the service shall be required within such time, as may be specified by the State Government or the Appointing Authority to submit a written statement of his defence and to state whether he desires to be heard in person and produce witness.

(4)The member of the service charged may, request for an access to Market Committee record for the purpose of preparing his written statement provided that the State Government or the Appointing Authority may for reasons to be recorded in writing refuse him such access if in its opinion such records are but strictly relevant to the case or it is not desirable in the interest of the Market Committee to allow his access thereto.

(5)After the written statement is received from the member of the service in accordance with sub-rule (3) or if no such statement is received within the time specified, the State Government or the Appointing Authority may, if it considers it necessary, appoint an Enquiry Officer to inquire into the charge framed against the member of the service and shall have the charges inquired into as provided in sub-rule (6).

(6)If the member of the service desires to be heard in person, he shall be so heard. If he desires that oral inquiry be held or if the State Government or the Appointing Authority so directs an inquiry shall be held by the Enquiry Officer. At such inquiry evidence shall be heard as to such of the allegations as are not admitted and the member of the service charged shall be entitled to cross-examine the witness who gives evidence in person and to have such witness called as he may wish :Provided that the Enquiry Officer may, for reasons to be recorded in writing, if refused to call a witness whose evidence is, in the opinion of the Enquiry Officer not relevant or material.

(7)At the conclusion of the enquiry, the authority inquiring into the charges shall prepare a report of the inquiry, recording its findings on each of the charges together with the reasons therefor. If in the opinion of such authority the proceedings of the inquiry establish charges different from those originally framed, he may record its findings on such charges :Provided that findings on such charges shall not be recorded unless the member of the service charged has admitted the facts constituting them or has had an opportunity of defending himself against them.

(8)The record of the inquiry shall include :

(i)the charges framed against the member of the service and the statement of allegations furnished to him under sub-rule (2);

(ii)his written statement of defence, if any;

(iii)the evidence recorded in the course of inquiry;

(iv)the orders, if any, made by the State Government or the Appointing Authority and the report of the authority making the inquiry, in regard to the inquiry; and

(v)a report setting out the findings on each charge and the reasons therefor.

(9)The State Government or the Appointing Authority shall consider the record of the enquiry and determine which of the findings of the Enquiry Officer, it accepts.

(10)If the State Government or the Appointing Authority having regard to the findings recorded or accepted, has arrived at any provisional conclusions in regard to one of the penalties specified in clauses (iv) to (vi) of Rule 110 to be imposed, it shall :

(a)furnish to the member of the service concerned a copy of the report of the enquiry together with a statement of such findings; and

(b)give him a show-cause notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time, such representation as he may wish to make against the proposed action.

(11)The State Government or the Appointing Authority shall determine, having regard to the findings recorded or accepted by it, and the representation, if any, made by the member of the service under sub-rule (10), what penalty, if any, should be imposed on the member of the service and subject to Rule 110 pass appropriate orders on the case and the orders so passed shall be communicated to the member of the service.

113. Procedure for imposing penalties under clauses (i) to (iii) of Rule 110.

- No order shall be passed imposing of the penalties specified in clauses (i) to (iii) of Rule 110 on a member of the service except after :-

(a)the members of the service is informed in writing of the proposed action against him and of allegations on which such action is proposed to be taken and he is given an opportunity to make a representation which he may wish to make; and

(b)such representation, if any, is taken into consideration by the State Government or the Appointing Authority under Rule 111 (1) or an authorised officer and the order so passed shall be communicated to the member of the service.

The record of the proceedings in such case shall include :

(i)a copy of the intimation to the member of the service of the proposed punishment against him;

(ii)a copy of the statement of allegations communicated to him;

(iii)his representation, if any;

(iv)the order of the case together with the reasons therefor.

114. Special provisions in certain cases.

- The provisions of Rules 110 and 111 shall not apply where the penalty is imposed on a member of the service on the ground of contract which led to him conviction on a criminal charge and in any such case the punishing authority may after consideration of the case, pass such orders thereon, as it deems fit.

115. Suspension pending disciplinary proceedings.

(1)If having regard to the nature of charges the circumstances in any case, the State Government or the Appointing Authority is satisfied that it is necessary or desirable to place under suspension the member of the service against whom disciplinary proceedings is contemplated or is pending it may subject to the provisions of the Act pass an order placing him under suspension.

(2)A member of the service detained in police custody, whether on a criminal charge or otherwise for a period longer than forty-eight hours, shall be deemed to have been suspended with effect from the date of detention under this rule.

(3)A member of service against whom a criminal charge is pending may at the discretion of the State Government or the Appointing Authority be placed under suspension until the determination of the proceeding if the charge is connected with his duties or is likely to embarrass him the discharge of his duties in the Market Committee or involves moral turpitude.

116. Subsistence allowance during suspension.

- A member of service who is placed under suspension shall during the period of such suspension, be entitled to the following payments :

(a)during the first year of suspension subsistence allowance at the rate of half of the amount of leave salary which the member would have drawn, under leave rules applicable to him, if he had been on leave on average pay and for any period subsequent thereto, at three-fourth of such salary.

(b)in addition he may be granted to such extent and subject to such conditions as the authority ordering his suspension may direct,-

(i)dearness allowance not exceeding the amount admissible as such, had he been on leave on leave salary equal to the rate of subsistence allowance payable from time to time; and

(ii)other compensatory allowance (except house rent allowance granted in lieu of rent free quarters) of which he was in receipt on the date of suspension.

117. Pay, allowances and treatment of service on reinstatement.

(1)When a member of the service who has been dismissed, removed or suspended is reinstated, the authority competent to order the reinstatement shall consider and make specific order :

(a)regarding the pay and allowances to be paid to the member of the service for the period of his absence from duty; and

(b)whether or not the said period shall be treated as a period spent on duty.

(2)Where the authority mentioned in sub-rule (1) is of opinion that the member of the service has been fully exonerated or in the case of suspension that it was wholly unjustified, he shall be given the full pay and allowances to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be.

(3)In other cases the member of the service shall be given such proportion of such pay and allowances as the Appointing Authority may determine :Provided that the payment of allowances under sub-rule (2) or (3) shall be subject to all other conditions under which such allowances are admissible :Provided further that such proportion of such pay and allowances shall not be less than the subsistence and other allowances admissible under Rule 116.

118. Right of appeal.

(1)A member of the service shall be entitled to appeal against an order imposing on him any of the penalties specified in clauses (i) to (iii) of Rule 110 other than any order of censure within thirty days from the date of receipt of such order to the State Government or the Appointing Authority when such an order is passed by an officer authorised under Rule 111 (1) and not by the State Government or the Appointing Authority itself.

(2)The State Government or the Appointing Authority may, for sufficient reasons to be recorded in writing, admit any appeal after the expiry of the period specified in sub-rule (1).

119. Forms, contents and submission of appeal.

(1)Every person preferring an appeal shall do so in his own name.

(2)Every appeal preferred under these rules shall be addressed to the Secretary of Madhya Pradesh, Agriculture Department, or the Appointing Authority and shall :

(a)contain all material statements and arguments relied on by the appellant with an attested copy of the orders imposing the penalty;

(b)contain no disrespectful or improper language;

(c)be complete in itself.

120. Procedure for disposal of appeals.

(1)An appeal may summarily be dismissed if :

(a)it is not submitted in accordance with Rule 119;

(b)no appeal lies under these rules;

(c)it is not submitted in the prescribed time limit and no reasonable cause is shown for the delay;

(d)it is repetition of a previous appeal which has been decided and no new facts or circumstances are adduced which afford ground for a consideration of the case :

Provided that in every case in which appeal is dismissed, the appellant shall be informed of the facts and reasons for it.

(2)If the appeal is admitted the State Government or the Appointing Authority may call for a report and record of the case from the authority against whose order the appeal has been filed. The State Government or the Appointing Authority shall then consider whether :

(a)the facts established, afford sufficient grounds for taking action;

(b)the facts on which the order was based have been established;

(c)the penalty is adequate, inadequate or excessive;

And after such consideration may remand any case for further enquiry or decision or may pass any other order that may be deemed just and proper :Provided that the penalty imposed shall not be enhanced by the State Government or the Appointing Authority unless opportunity has been given to the appellant to show cause against the proposed enhancement :Provided further that no order shall be passed to the prejudice of any person until he has been given a reasonable opportunity of being heard.

(3)

(a)The State Government or the Appointing Authority may allow any officer of the Market Committee deputed by the Chairman for the purpose to appear before him in any appeal and to watch and represent the interest of the Market Committee.

(b)The State Government or the Appointing Authority allow the Market Committee and/or the employees concerned to be represented by a Market Committee.

121. Stay order.

- An appeal under these rules shall not operate as a stay of the proceedings under an order appealed from except in so far as the State Government or the Appointing Authority may order, nor shall execution of an order be stayed by reasons only an appeal having been preferred from the order, but the State Government or the Appointing Authority may, for sufficient cause stay of execution of such order.

122. Limitation.

- The provisions of the Indian Limitation Act, 1908 (No. 9 of 1908), or as may be in vogue, may, as far as practicable, be taken as a guide in computing the period of limitation under this Chapter.

123. Giving effect to order of Appellate Authority.

- The authority from whose order an appeal is preferred under these rules shall give effect to any order made by the Appellate Authority.

Chapter XV
Service Book, Confidential Report and Personal Files

124. Service books.

(1)A service book in Form XXV shall be maintained for every member of the service. This book shall contain the history of the service of the member and each entry shall be attested by the Chairman.

(2)The service book shall be supplied at his own cost to every member of the service on his first appointment. It shall be kept in the custody of the accountant or the person dealing with account of the Market Committee in which he is serving and transferred from one Market Committee to another on his transfer. The Chairman shall see that all entries in the service book are duly made and attested. There shall be no erasure or over-writing all corrections being neatly made and properly attested.

(3)The Chairman shall see that the service book of every member of the service is properly kept.

(4)When the member of the service is transferred to another Market Committee his service book shall be sent to the Chairman of that Market Committee and not made over to him nor shall it be given to him when proceeding on leave.

(5)A fresh service book shall be used when there is no more space for entries in the old service book, and the entries shall not be continued by the addition to extra pages or slips of papers pasted into complete service books.

125. Confidential reports.

(1)Confidential reports shall be maintained and prepared for all the members of the service in Form XXVI.

(2)These reports shall be written annually in the month of October for the previous market year.

(3)Remarks in confidential reports shall be initialled by the Chairman and the report shall be forwarded to the officer authorised in this behalf. The authorised officer shall, after recording his opinion send the report to the State Government or the Appointing Authority.

(4)The confidential report shall be treated as a strictly confidential document and adverse remarks given therein shall be communicated to the member of service concerned by the State or Appointing Authority. It will be open to the member to whom adverse remarks have been communicated to make a representation to the State Government or the Appointing Authority to have unfavourable remarks against him in his confidential report expunged. All confidential reports shall be maintained in the Agricultural Department of the State Government or in the office of the Appointing Authority.Note. - The Chairman, before relinquishing his office shall leave on record for the information of his successor his opinion on the working of every member of the service. This record shall as far as possible, contain his opinion with regard to all points specified in Form XXVI.

126. Personal files.

(1)Personal files of every member of the service shall be maintained in the State Government Secretariat or in the office of Appointing Authority as well as in the office of the Market Committee concerned.

(2)The personal file to be maintained in the State Government Secretariat or in the office of the Appointing Authority shall contain original orders of appointments, promotion, punishment, suspension and record of official life of a member of the service which may throw light on his working, character, conduct, etc. while personal files to be maintained in the office of the Market Committee concerned shall contain copies of the documents referred to in this rule. Personal files shall be transferred from one Market Committee to another Market Committee when such member is transferred.Chapter-XVI Other Service Matters

127. Regulation of pay, joining time, loan, security, travelling allowance and medical reimbursement.

(1)Except as provided in the Act and these Rules :

(a)the Fundamental Rules applicable to the Government servant of Madhya Pradesh shall be applicable to the members of the service in respect of regulation of pay and joining time;

(b)the pay and other emoluments including travelling and other allowances, medical reimbursement of the members of the service shall be a charge on the Market Committee Fund in the Market Committee in which he may happen to be an employee from time to time;

(c)grant of loans and advances to the members of the service shall be governed by the rules relating to the grant of loans and advances to the officers/servant of the corresponding grade in the service of the State Government.

(2)In respect of loans, security, travelling allowances, medical reimburse-ment and conduct of the members of the service shall be governed by the rules applicable to Government officers servants of parallel grade, subject to the provisions of the Act and the rules framed thereunder. The Appointing Authority' shall be the loan sanctioning authority.

128. Leave.

(1)The leave relating to casual leave applicable to the Government servants of Madhya Pradesh leave rules, as in force, applicable to Government servants shall, in so far as they are applicable, govern the members of the service.

(2)

(i)The Chairman shall be the authority competent go grant casual leave to the Secretary.

(ii)The Appointing Authority shall be the authority competent for the grant of other kinds of leave but shall consult the Market Committee in such cases.

(iii)Whenever a short vacancy in the post of Secretary arises, the Appointing Authority may direct any member of the staff of the Market Committee to hold additional charge of the post.

129. Pension, family pension, gratuity, ex-gratia, loans and advances.

(1)A member of the service shall be entitled to get, on retirement, pension, family pension and gratuity at the rates at which an officer/official of the corresponding grade in the service of the State Government is entitled to get and for grant of and payment of pension, family pension and gratuity he shall be governed by the rules, orders and instructions relating to grant of and payment of pension, family pension and gratuity to the officer/official of the corresponding grade in the service of the State Government.

(2)In the event of death of the member of the service, while in service, his legal heir shall be entitled to get ex-gratia at the rates at which an officer/ official of the corresponding grade in the service of the State Government is entitled to get and for grant of and payment of ex-gratia he shall be governed by the rules, orders and instructions relating to the grant of and payment of ex-gratia to the officer/official of the corresponding grade in the service of State Government.

(3)Pension, family pension, gratuity and ex-gratia shall be paid from the Market Committee Fund of the Market Committee(s) as directed by the Director :Provided that the amount towards pension, family pension, gratuity and ex-gratia shall be paid only after obtaining previous sanction of the Director.

(4)Sanction of loans and advances to the member of the service or officer or servant of the Market Committee shall be governed in accordance with the rules applicable to the officer and servant of the corresponding grade in the State Government service.Chapter-XVII Service Conduct

130. Responsibility for act done by wife or other family members of the members of the service or by wife or other family members of the officers and servants of the Market Committee.

- A member of the service or an officer or servant of a Market Committee is responsible for any act done by wife or by any other member of his family living with, or in any way dependent on him which if done by himself would constitute a breach of these rules.

131. Gifts.

(a)Save as otherwise provided in these rules, no member of the service or Market Committee servant shall, except with the previous sanction of the Market Committee and the Appointing Authority accept or permit his wife or any other member of his family to accept from any person any gift, the acceptance of which will place him under any form of obligation to the donor.(b)A member of the service or another member of the service, an officer or servant of a Market Committee may accept from any person a complimentary gifts, flowers or fruits or similar articles of trifling, value on any wedding or ceremonial gifts from a friend, the value of which is reasonable in the circumstances of the case.(c)If any question arises whether a gift is of a trifling value or not, or if a member of the service or a Market Committee servant is in any doubt whether a gift offered to him is of a trifling value or not, a reference shall be made to the State Government by the member of the service or to the Director by other officers and servants and the decision of the State Government or the Director, as the case may be, shall be final.Explanation. - (1) Whether or not a gift should be treated as of trifling value shall depend on who the donor is and the circumstances in which the gift is made.

(2)A gift exceeding in value one-twentieth of the monthly emoluments of a member of the service or a Market Committee servant or rupees twenty only whichever is less, from a person who is not his relative or his personal friend shall ordinarily be regarded as a gift of trifling value; but a gift from a relative or a personal friend not exceeding in value one-half of such emoluments or rupees two hundred only, whichever is less, on special occasions such as wedding anniversaries, funerals and religious functions shall be regarded as a gift of a trifling value.

(d)Members of the service or officer or servant of Market Committee shall not make a habitual use of vehicle and animal belonging to persons other than a member of their family or to travel, free of charges, in any vehicle plying for hire.

132. Public demonstration subscriptions for funds.

(1)No member of the service or officer or servant of Market Committee shall receive or take part in the presentation of an address in his honour or in the honour of any member of service or officer or other servant of Market Committee without the previous sanction of the Market Committee and the Appointing Authority.

(2)No member of the service or officer or servant of Market Committee shall solicit subscriptions for any fund or take in part in collection of money for any public or local purpose except with the previous sanction of the Market Committee, and the Appointing Authority.

(3)A member of the service or officer or servant of a Market Committee may, however, attend as entertainment or a farewell party of a private or informal character given in his honour or any member of service or officer or servant of Market Committee.

133. Lending or borrowing.

- No member of the service or officer or servant of Market Committee shall-

(a)directly or indirectly engage in the business of money lending; or

(b)except with the previous sanction of the Market Committee and the Appointing Authority lend money to any person possessing land within the local limits of his authority or at interest to any person; or

(c)except in the ordinary course of business with a bank or firm of standing or a co-operative society borrow money or otherwise place himself under pecuniary obligation to any person :

Provided that a member of the service or an officer or servant of a Market Committee may accept a purely temporary loan of small amount, free of interest from a personal friend or relative or operate a credit account with a bona fide tradesman :Provided further that this rules shall not apply to a member of the service or an officer or servant of a Market Committee who belongs to a Joint Hindu Family carrying on the business of money lending as an ancestral profession and he does not take an active part in the business and is not employed in a district in which the business of the Joint Hindu Family is carrying on.

134. Buying and selling houses or valuable property.

(1)No member of the service or officer or servant of a Market Committee shall, except with the previous sanction of the Market Committee or the Appointing Authority hold or acquire immovable property for the purpose of residence within the State of Madhya Pradesh.

(2)No member of the service or officer or servant of a Market Committee shall except with the previous sanction of the Market Committee and the Appointing Authority purchase or sale or acquire or dispose of any movable or immovable property exceeding rupees five hundred in value.

(3)Every member of the service or officer or servant of a Market Committee shall make a declaration to the Market Committee by the end of every market year of the immovable property owned or acquired or disposed of by him the previous year either on his own account or as a trustee or administrator or executor.

135. Investments.

- No member of the service or officer or servant of a Market Committee shall speculate in any investment nor shall he permit any member of his family to do so. For the purpose of these rules the habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investment.

136. Promotion and management of companies.

- No member of the service or officer or servant of a Market Committee shall, except with the previous sanction of the Market Committee and the Appointing Authority take part in the registration, promotion or management of any bank or company other than a co-operative society or hold office or serve in any co-operative society

137. Private trade or employment.

(1)No member of the service or officer or servant of a Market Committee shall, except with the previous sanction of the Market Committee and the Appointing Authority engage himself directly or indirectly in any trade or business or undertake any employment :Provided that a member of the service or officer or servant of a Market Committee, may, without such sanction undertake honorary work of a social or charitable nature of occasional work of a literacy, scientific, artistic character, subject to the condition that his official duties do not thereby suffer, but he shall not undertake or shall discontinue such work if so directed by the Market Committee or the Appointing Authority.

(2)No member of the service or officer or servant of a Market Committee shall act as arbitrator in any case, unless he is directed to do so by the Market Committee or the Chairman of the Market Committee and the Appointing Authority.

138. Insolvency and habitual indebtedness.

(1)A member of the service or officer or servant of a Market Committee shall so manage his private affairs as to avoid habitual indebtedness or insolvency.

(2)A member of the service or officer or servant of a Market Committee who is adjudged or declared insolvent shall report such insolvency to the Chairman of the Market Committee and the Appointing Authority.

139. Communications of official documents.

- No member of the service or the officer or servant of a Market Committee shall, except in accordance with any special order of the Chairman or Secretary of the Market Committee, in the performance in good faith of the duties assigned to him communicate, directly or indirectly any official documents or information to any Market Committee servant or any other person to whom he is not authorised to communicate such documents or information.

140. Connection with press.

- No member of the service or officer or servant of a Market Committee shall, except with the previous sanction of the Market Committee and the Appointing Authority own wholly or in part, or conduct or participate in the editing or managing of any newspaper or other periodical publication.

141. Discussion of policy or action.

- No member of the service or officer or servant of a Market Committee shall, by utterance or by writing or by publications or otherwise, discuss or criticize in public or at any meeting any policy pursued or action taken by the Market Committee or the Government :Provided that he may,-

(i)participate in meeting of association or bodies comprising wholly for members of the service or officer or servant of a Market Committee recognised by the Market Committee with previous permission of the Appointing Authority.

(ii)defend to explain in public or private meetings any policy or action of the Market Committee for the purpose of removing misapprehension or correcting mis-statements.

142. Evidence before the public.

- No member of the service or officer or servant of a Market Committee shall give evidence before any public committee except with the previous sanction of the Market Committee and the Appointing Authority.

143. Taking part in politics and elections.

(1)No member of the service or officer or servant of a Market Committee shall be a member of or otherwise associate with any political party or any organisation which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner any political movement or activity.

(2)No member of the service or officer or servant of a Market Committee shall attend such parties or any meeting of such parties contrary to the orders of the Government or permit any member of his family or dependents to do so.

(3)No member of the service or officer or servant of a Market Committee shall canvass or otherwise interfere or use his influence in connection with, or take part in, an election to any legislature or local authority :Provided that :

(i)a member of the service or officer or servant of a Market Committee qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;

(ii)a member of the service or officer or servant of a Market Committee shall not be deemed to have contravened the provisions of this rule by reasons only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for time being in force.

Explanation.-(1) Nothing contained in this sub-rule shall be deemed to prohibit the wife of a member of the service or officer or servant of a Market Committee or any other member of his family living with him or in any way-dependent on him from standing for election to any Legislature or to any authority and from canvassing for other candidates.

(2)The display by a member of the service or officer or servant of a Market Committee on his personal vehicle or residence of any electoral symbol shall amount to using his influence in connection with election within the meaning of this sub-rule.

(3)Seditious propaganda or the expressing of disloyal sentiments by a member of the service or officer or servant of a Market Committee shall be regarded as sufficient ground for dispensing with his service.

144. Membership of Service Association.

- No member of the service or officer or servant of a Market Committee shall be a member, representative or officer of any association representing or purporting to represent members of the service or officer or servant of a Market Committee or any class of Market Committee servants unless such association is recognised by the Market Committee and the Government.

145. Employment of near relatives.

- Every member of the service or servant of a Market Committee shall intimate immediately to the Chairman or Officer-in-charge of the Market Committee cases of any near relative employed under whom or in same office.

146. Influencing superior authorities for furtherance of interests.

- No member of the service or officer or servant of a Market Committee shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under Market Committee.Explanation. - A member of the service or officer or servant of a Market Committee causing his own case to be made the subject to an interpolation in Parliament or the State Legislature shall be deemed to have contravened this rule.

147. Broadcast Talk.

- No member of the service or officer or servant of a Market Committee shall participate in a Radio Broadcast except with the previous sanction of the Market Committee. No such sanction shall be required if such broadcast is of purely literary, artistic, or scientific character.

148. Bigamous Marriage.

(1)No member of the service or officer or servant of a Market Committee who has a wife living shall contract another marriage without first obtaining the permission of the Market Committee and the Appointing Authority notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him.

(2)No woman member of the service or woman officer or servant of a Market Committee shall marry any person who has a wife living, without first obtaining the permission of the Market Committee and the Appointing Authority.

149. Integrity and devotion to duty.

- Every member of the service or officer or servant of a Market Committee shall at all times maintain absolute integrity and devotion to duty.

150. Strikes.

- No member of the service or officer or servant of a Market Committee shall engage himself in strike or in incitements thereto or in similar activities.Explanation. - For the purpose of this rule, the expression (similar activities) shall be deemed to include the absence from work or neglect of duties without permission and with object of compelling some thing to be done by the superior officers or the Market Committee or any demonstrative fast usually called "Hunger Strike" for similar purpose.

151. Consulting a medical practitioner for the purpose of obtaining leave.

- It shall be the duty of every member of the service or officer or servant of a Market Committee who consults a medical practitioner with a view to obtain leave or an extension of leave on medical certificate to disclose to that practitioner the fact of his having consulted any other practitioner for the same purpose and the result of such consultations. Omission on the part by him to do this or any false statement made by him to a medical practitioner in this respect shall entail serious action by the Market Committee or the Appointing Authority.

152. Refusal to receive pay.

- Concerted or organised refusal on the part of members of the service or officer or servant of a Market Committee to receive their pay shall entail serious disciplinary action.

153. Interpretation and application.

- If any question arises relating to the interpretation of the rules in this Chapter, it shall be referred to Government whose decision thereon shall be final.Chapter-XVIII Provident Fund

154. Constitution and management of fund.

- Every Market Committee shall establish, maintain and administer Provident Fund for the benefit of members of the service.

155. Subscriptions.

- A member of the service shall have to subscribe to the Provident Fund. But no such member of the service shall be qualified to subscribe to the Provident Fund before he attains the age of twenty-one years.Explanation. - Members of the service who are :

(a)on probation in substantive vacancies;

(b)holding provisionally substantive appointments;

(c)officiating in posts which are permanently vacant.

156. Nomination.

(1)The Appointing Authority and the Chairman shall as soon as may be, after a subscriber joins the fund, require him to make a nomination conferring the right to receive the amount that may stand to his credit in the fund in the event of his death, where the amount has become payable but before payment has been made.

(2)A subscriber who, at the time of joining the Provident Fund, has a family shall send to the Appointing Authority and to the Chairman a nomination in Forms XXVII and XXVIII in favour of one or more members of his family.

(3)A subscriber, who has no family shall similarly nominate a person or persons in Forms XXIX and XXX :Provided that a nomination made under this sub-rule shall be deemed to have been duly made in accordance with these rules only for so long as the subscriber has no family.

(4)If a subscriber at any time acquire a family, he shall send to the Appointing Authority and to the Chairman a nomination as provided in sub-rule (2) and if he has under sub-rule (3) nominated any person other than a member of his family, he shall formally cancel the previous nomination.

(5)A subscriber may in his nomination distribute the amount that may stand to his credit in the Provident Fund amongst his nominees, at his own discretion.

(6)A nomination may be cancelled by a subscriber provided that it is replaced at the same time by any other nomination which is permitted to be made under this rule.

(7)A nomination shall take effect to the extent it is valid on the date on which it is received by the Appointing Authority' and Chairman.

(8)On the death of a nominee, a subscriber shall make a fresh nomination.

(9)Nothing in this rule shall be deemed to invalidate or to require the replacement by a nomination thereunder of nomination made before these rules or bye-laws then in force.

157. Subscribers, accounts and realisation of subscriptions.

- The Provident Fund shall be formed out of and maintained by :

(1)subscriptions by subscriber; and

(2)interest derived from investments or paid from the General Market Committee Fund.

158. Payment of subscription.

(1)Every subscriber shall subscribe monthly to the Provident Fund /hen on duty and may, at his option subscribe during leave.

(2)The amount of subscription shall be fixed by the subscriber subject to the following conditions :

(a)it shall be expressed in whole rupees;

(b)

(i)it may be any sum so expressed not less than 6-¼ per cent and not more than 15-¾ per cent of his emoluments;

(ii)emoluments for the purpose of this rule shall be calculated at the rate payable on the first of April of the current year :

Provided that in the case of a new subscriber the rate of emoluments for the first month shall, until the commencement of the next financial year be taken as hiS emoluments for the purpose of thisProvided further that if the subscriber happens to be on leave or under suspension on the last date on the previous financial year his emoluments shall be calculated at the rate payable in respect of the first day after his return to duty;

(iii)the subscriber shall intimate the fixation of the amount of his monthly subscription in each year in writing to the Appointing Authority and Chairman sufficiently in advance of the commencement of the year. The amount of subscription so fixed shall remain unchanged towards the year.

(3)Subscriptions due shall be deducted monthly from the pay bills and the deductions shall be adjusted to the credit of the Provident Fund Accounts.

159. Investment of subscription in Life Insurance Policy.

(1)At the request in writing o any subscriber, the whole or any portion of his subscription with interest thereon may be invested by the Chairman in a policy of Life Insurance in such office for such amount and on such terms as may be mutually agreed upon in writing between such subscriber and Market Committee.

(2)Such policy shall be effected in the name of the subscriber who shall assign the same in favour of the Chairman. It shall be held and unless reassigned as provided for in proviso (c) or (d) of this rule or sub-rule (3) shall be realised by the Chairman and the net proceeds on realisation shall be credited to the account of the subscriber :Provided that,-

(a)every such policy shall, so long as the subscriber is actually in employment under the Market Committee belong to the Market Committee and no interest thereon, shall, during such period vest in subscribers on whose life it had been effected, or in his nominee; and neither he nor they shall have any right to interfere therewith;

(b)the Market Committee shall not be responsible for any loss or damage that may arise or result from the effecting of any policy under this rule;

(c)on the retirement from service of a subscriber or on the termination of his services either by resignation or as a measure of punishment the policy effected on his life shall be reassigned to him; and

(d)on the death of a subscriber while in service, the policy effected on his life shall be reassigned to the nominee appointed by him under Rule 156 or to all the nominees appointed by him under that rule jointly, specifying the shares to which each of the nominee is entitled.

(3)If such a policy matures before the subscriber quits service, the Appointing Authority or the Market Committee shall,

(a)if the amount assured together with the amount of any bonuses which have accrued is greater than the whole of the amount withdrawn from the fund in respect of the policy with interest thereon at the rate provided in Rule 158 reassign the policy to the subscriber and make it over to him, who shall immediately on receipt of the proceeds from the insurance corporation repay to the Provident Fund the whole of the amount withdrawn with interest and, in case of default, the Chairman shall arrange to recover the amount by deduction from the emoluments of the subscriber by instalments or otherwise as the Appointing Authority or the Market Committee may direct; and

(b)if the amount assigned together any accrued bonuses is less than the whole of the amount withdrawn from the fund in resPect 0 the policy, with interest thereon at the rate provided in Rule 158 realise under sub-rule (2) the amount together with any^accrued bonuses and shall be placed the amount so realised to the credit of the subscriber in the fund.

160. Investment of Provident Fund deductions and contributions from the Market Committee in securities.

(1)The amount deducted from the pay bill as Provident Fund deductions and other sums relating to the Provident Fund shall be lodged in the banks authorised and a separate cash book shall be maintained. The whole or any portion of such deductions, and other sums relating to the Provident Fund may be withdrawn from the bank at such intervals as may be necessary for investment in interest bearing securities or deposits.

(2)The sums required for the payment of temporary advances and Life Insurance premium during the month may be withdrawn from the account lodged in the banks at the beginning of the month, out of the deposit made therein till the end of the previous month.

161. Form of securities on deposits.

(1)The investments shall be made as early as practicable in the form of securities or deposits specified below :

(a)Madhya Pradesh Government securities and securities guaranteed by the Government of Madhya Pradesh as to payment of interest and payment of principal;

(b)non-terminable loans of the Central Government;

(c)Fixed Deposits for period up to three years in the Madhya Pradesh Co-operative Apex Bank and the Central Co-operative Bank approved by the Registrar, Co-operative Societies of the Madhya Pradesh for the purpose;

(d)State Bank of India and other Nationalised Bank as mentioned in the Act and Post Office Savings Bank deposits (only in the case of Provident Fund balance likely to be required for early disbursement); and

(e)National Savings Certificates.

Explanation. - Investments shall ordinarily be in Item (a) except when there are special reasons for considering that it will be more advantageous to invest in one or the other items. An investment of the kind referred to in Item (c) shall be made only if the amount exceeds rupees five thousand.

(2)The investment of Provident Fund balances shall not be permissible as a loan to a Market Committee or for any purpose other than that for which such fund is constituted.

162. Ledger account of the subscriber.

- The amount opened in the name of each subscriber shall show :

(1)the amount of his subscriptions with interest thereon; and

(2)the amount of all advances given to the subscriber.

163. Contribution to be rounded of.

- The amount of contribution payable by the subscriber shall be rounded up to the nearest rupee in the manner provided in clause (iv) of sub-rule (2) of Rule 164.

164. Interest.

(1)Subject to the provision of Rule 157 the Market Committee shall pay to the credit of the account of the subscriber interest at such rate (not less than the rate fixed for General Provident Fund of State Government employees) as Director may fix from time to time :Provided that the rate which has been fixed in the first instant will hold good until it is altered by the Director under this rule.

(2)Interest shall be credited with effect from the 1st April of each year in the following manner :

(i)on the amount at the credit of a subscriber on the 31st March of the preceding year less any sums withdrawn during the current year interest for twelve months;

(ii)on sums withdrawn during the current year interest from the 1st April of the current year up to the last date of the month preceding the month of withdrawal;

(iii)on all sums credited to the subscriber's account after the 31st March of the preceding year interest from the date of deposit up to 31st March of the current year;

(iv)if the total amount of interest contains a fraction of rupee it shall be rounded to the nearest whole rupee (fifty paise being rounded to the next higher rupee).

(3)For the purpose of this rule the date of deposit shall, in the case of recoveries from emoluments, be deemed to be the 1st day of the month in which they are recovered, and in the case of amount forwarded by the subscriber shall be deemed to be the first day of the month of receipt if they are received by the Chairman before the fifth day of that month or if they are received on or after the fifth day of that month the first day of the next succeeding month.

(4)In addition to any amount to be paid under Rule 161 interest thereon upto the end of the month proceeding that in which payments made, or up to the end of the month after the month in which such amount became payable, whichever of these periods be less, shall be payable to the persons to whom such amount is to be paid.

165. Advances.

- The Chairman may at his discretion, grant, temporary advances to a subscriber from the amount standing to his credit in his Provident Fund Account subject to the following conditions :(a)the subscriber shall satisfy the Chairman that his pecuniary circumstances justify the grant of the advances and that it will be expended on the following subject or object and not otherwise :(i)to pay expenses incurred in connection with the prolonged illness of the subscriber or any person actually dependent on him;(ii)to meet the expenses on account of "confinement",-

(1)in case necessitating prolonged medical attention;

(2)prolonged stay in hospital or protracted treatment; and

(3)in other circumstances involving expenditure disproportionate to the subscriber 's income.

(iii)to pay for the overseas passage for reasons of health or education of the subscriber or any person actually dependent on him; and

(iv)to pay obligatory expenses on a scale appropriate to the subscriber's status in connection with marriages, funerals, or ceremonies which by his religion it is incumbent on him to perform.

(b)the advances shall not, except for special reasons to be recovered in writing exceed three months' pay and shall in no case exceed half the amount of subscription and interest thereon standing to credit of the subscriber in the Provident Fund at the time when the advance is granted.

166. Recovery of advances.

(1)An advance shall be recovered from the subscriber in such number of equal monthly instalments as the Chairman may direct; but such number shall be less than twelve unless the subscriber so elects or in any case more than twenty-four. A subscriber may at his option, make repayment in a small number of instalments than that specified. Each instalment shall be a number of whole rupees, the amount of advance being raised or reduced, if necessary to admit of a fixation of such instalments.

(2)Recovery shall be made in the manner provided in sub-rule (3) of Rule 158 for realisation of subscription and shall commence on the first occasion after the advance is made on which the subscriber draws pay for a full month. Recovery shall not be made while the subscriber is on leave, or in receipt of a subsistence grant.

(3)If more than one advance has been made to a subscriber each advance shall be treated separately for the purpose of recovery.

(4)

(a)After the principal of the advance has been fully repaid, interest shall be paid thereon at the rate of one-fifth per cent of the principal for each month or broken portion of a month during the period of drawal and complete repayment of the principal.

(b)Interest shall ordinarily be recovered in one instalment in the month after complete repayment of the principal, but if the period referred to in clause (a) exceeds twenty months, interest may, if the subscriber so desire, be recovered in two equal monthly instalments. The method of recovery shall be that provided in sub-rule (2), payment shall be rounded to the nearest whole rupees (fifty paise being rounded to the next higher rupee).

(5)Recoveries made under this rule shall be credited as they are made to the account of the subscriber in the Provident Fund.

167. Closing of account and payments.

(1)The account of each subscriber shall be closed :

(1)When he is dismissed from the service or removed or called upon to resign on account of misconduct or inefficiency or reasons without notice or permission; or

(2)When he retires from service or when his services are dispensed with owing to a reduction of establishment or some cause other than his own misconduct or inefficiency or when he becomes incapable of contributing to the Provident Fund by reasons of his having been reduced to inferior service as defined in the Civil Service Regulations otherwise than for misconduct or by reasons of his permanent transfer from qualifying to non-qualifying service or when he is permitted to resign under any circumstances other than those in clause (1), or

(3)When he dies :Provided that a subscriber who has been dismissed from the service and is subsequently reinstated in that service shall, if required to do so, by Market Committee on the advice of the Appellate Authority repay any amount paid to him for Provident Fund in pursuance of this rule with interest thereon at the rate provided in Rule 158 in cash or in securities or partly in cash and partly in securities by instalments or otherwise or by recovery from his emoluments as the Market Committee may direct. The amount so repaid shall be placed to his credit in his account in the Provident Fund, the part which represents his subscription and interest thereon, being accounted for in the manner provided in Rule 157.Explanation. - Subscribers who are reduced to inferior service as defined in the Civil Service Regulations owing to their misconduct shall be regarded for the purpose of this rule as having been dismissed from the posts carrying higher pay, and shall accordingly be dealt with under clause (1) of this rule.

168. Withholding of payment of contribution amount.

- When a subscriber's account is closed either on the dismissal of the subscriber on any ground or on his resignation within five years of the commencement of his employment, the Market Committee may withhold the whole or any part of the amount standing to his credit in the contribution account and pay him only the balance together with the amount deposited by him as subscription and interest thereon :Provided that all payment under this rule shall be subject to such recoveries as may be ordered by the Chairman under Rule 169.Explanation. - (1) When the account of a subscriber is closed, the amount of his subscription and interest due up to the date on which his account is closed shall be paid to him by the Chairman after careful scrutiny subject to audit in usual course along with the monthly accounts.

(2)Subscription and contribution payable under this rule, which are not claimed within six months shall be transferred to the head "Deposits" and dealt with under the rules, applicable to "Deposits" generally. In the case of a subscriber's death, the six months' period shall be calculated from the date on which a registered notice in Form XXXI is sent to the person or persons specified in nomination referred to in Rule 156.

(3)If the recovery to be made from a subscriber under Rule 157 have not been ascertained on the date of closure of his account under this rule and delay in payments is caused thereby, interest shall be allowed to the subscriber until he gives intimation that the recoveries to be made from him have been ascertained and that he may receive payment of the amount due to him. No interest shall be payable after the date on which intimation is sent to the subscriber.

169. Liability of subscriber.

(1)Subject to the condition that no deduction shall be made in excess of the total amount credited to account of the subscriber and of any interest which has accrued on such contribution, the Chairman, shall, when the sum standing to the credit of any subscriber in the Provident Fund has become payable deduct and pay to the Market Committee, the amount due under a liability incurred by the subscriber to the Market Committee.

(2)If the recoveries to be made from the account of a subscriber under sub-rule (1) above have not been ascertained on the date of closure of his account under Rule 167 and delay in payment is caused thereby, interest shall be allowed and the Provident Fund amount till intimation is given to the subscriber or his legal heirs, as the case may be, that the recovery to be made from him have been ascertained and that he may receive payment of amount due to him. No interest shall be payable after the date on which intimation is sent to the subscriber or his legal heir.

170. Amount payable to nominee.

- Subject to any deduction under Rule 168 on the death of a subscriber before quitting the service :

(1)when the subscriber leaves a family -

(a)if a nomination made by a subscriber in accordance with the provisions of Rule 156 in favour of a member or members of his family subsists, the amount standing to his credit in the fund or the part thereof to which the nomination relates shall become payable to his nominee or nominees in the proportions specified in the nomination; and

(b)if no such nomination in favour of a member or members of the family of the subscriber subsists or if such nomination relates only to a part of the amount standing to his credit in the Provident Fund, the whole amount or the part thereof to which the nomination does not relate, as the case may be, shall, notwithstanding any nomination purporting to be in favour of any person or persons other than a member or members of his family becomes payable to the members of his family in equal shares :

Provided that no share shall be payable to :

(1)sons who have attained legal majority;

(2)sons of a deceased son who have attained legal majority;

(3)married daughters whose husbands are alive; and

(4)married daughters of a deceased son, whose husbands are alive :Provided further that the widow and the child, or children of a deceased son shall receive between them in equal part only the share which the son would have received if he had survived the subscriber.Explanation - Any sum payable under this rule to a member of the family of a subscriber vests in such member under Provident Funds Act, 1952, sub-section (2) of Section 2.

(2)When the subscriber leaves no family if a nomination made by him in accordance with the provisions of Rule 156 in favour of any person or persons subsists, the amount standing to his credit in the Provident Fund or part thereof to which the nomination relates, shall become payable to his nominees in the proportion specified in the nomination.

(3)When a nominee is a dependent on the subscriber as defined in clause (c) of Section 2 of the Provident Funds Act, 1952, the amount vests in such nominee under sub-section (2) of Section 2 of the said Act.

(4)When the subscriber leaves no family and no nomination made by him in accordance with the provisions of Rule 156 subsists or if such nomination relates only to part of the account standing to his credit in the Provident Fund the relevant provisions of clause (b) and of sub-clause (ii) of clause (c) of sub-section (1) of Section 4 of the Provident Funds Act, 1952 are applicable to the whole amount or the part thereof to which the nomination does not relate.

(5)Payment of Provident Fund money due to a minor beneficiary of a deceased subscriber may be made to the guardian nominated by the subscriber in the declaration made under the rules in force if such declaration continues to be valid under Rule 156. When the subscriber had not nominated, a guardian appointed by a Court to receive payment on behalf of a beneficiary should alone be recognised even where the amount involved does not exceed the limit of rupees five thousands specified in clause (b) of sub-section (1) of Section 4 of the Provident Funds Act, 1952. But if the party pleads inability to incur expenditure for obtaining the guardianship certificate from the Court, the orders of the Government shall be obtained for making any payment. Payments, however, be made without requiring the production of a guardianship certificate from the Court if the share of a minor beneficiary does not exceed rupees one hundred,-

(i)to the natural guardian of such minor beneficiary; or

(ii)in the absence of a natural guardian to a person considered fit by the Director to receive payment on behalf of such minor beneficiary on such person executing a bond in Form XXXII signed by two securities agreeing to indemnify by the Director or Market Committee against any subsequent claim which might arise :

Provided that the natural guardian may, if it is considered expedient be required to execute a bond signed by the two sureties agreeing to indemnify the Director or Market Committee against any subsequent claim which might arise before the payment is made :Provided further that in case governed by Hindu Law, payment may be made without requiring the production of a guardianship certificate from the Court to a Hindu widow of a deceased subscriber on behalf of her minor children other than step-children, irrespective of the limit of rupees one hundred specified above. She may if considered expedient, be required to execute a bond signed by two sureties agreeing to indemnify the Director or Market Committee against any subsequent claim which might arise before the payment is made.

171. Difference due to under value of the securities to be paid for from the current balance of the Market Committee Funds.

- The securities held on behalf of the Provident Fund shall be valued for the purpose of the account of the Provident Fund at their face value. When on closure of an account securities have actually to be sold for meeting the liabilities of the Provident Fund and when the price fetched at the sale is less than their face value, the difference shall be paid at once by the Market Committee from the Market Committee Fund to the credit of the Provident Fund.Explanation.-Where point to the depreciation of Government securities, they have been converted into other securities but for similar face value the difference between the latter and the face value of the original securities shall be made good at once from the general funds of the Market Committee and invested in the same manner as assets of the Provident Fund.

172. Excess of interest on securities over what is payable to subscribers is to be credited to head "Miscellaneous".

(a)All interest owned on the securities in a year over and above what is payable to subscriber together with contribution forfeited under Rule 168 so far as the same is to be credited to the Market Committee, discounts on investments, if any, and other "miscellaneous" receipt shall be credited to the head "Miscellaneous".

(b)If in a particular year, the interest owned on securities is less than the amount payable to subscriber the difference together with premia on investments, if any, shall be debited to this head.

(c)The balance available under this head shall lapse to the Director after reserving a sum equal to the probable amount of the debits referred to in sub-rule (b) for the next three years.

(d)In case the difference referred to in sub-rule (b) is not covered by the balance under this head the excess shall be adjusted to the Provident Fund from the Market Committee Fund.

173. Accounts book regarding the Provident Fund.

- As soon as possible after the close of each year (financial) every subscriber shall be furnished with a statement in Form XXXII1 showing the amount at his credit inclusive of interest and contribution. Subscribers shall satisfy themselves as to the correctness of this statement and errors in them shall be brought to the notice of the Director and Market Committee within one month from the date of their receipt.

174. Registers to be maintained.

(1)The following registers shall be maintained under the supervision of the Secretary and the Chairman of the Market Committee :

(a)a Provident Fund ledger in Form XXXIV;

(b)an abstract register in Form XXXV;

(c)a cash book in Form XXXVI;

(d)a register of subscribers in Form XXXVII;

(e)a register of temporary advances and their recoveries in Form XXXVIII;

(f)a register of Life Insurance Policies in Form XXXIX;

(g)register of Premia in Form XL.

(2)The registers aforesaid shall be reviewed from time to time by the Director or by officer as directed by him.

175. Relaxation of the rule in this Chapter.

- The Government may, in any particular case, relax any of the provision of these rules in this Chapter, if the circumstances of the case so require.Chapter-XIX Publication of Bye-Laws

176. Procedure for framing bye-laws, their amendments or cancellation and previous and final publication.

(1)As soon as may be, after the appointment of the Officer-in-charge or the committee-in-charge under Section 10, such Officer-in-charge or the committee-in-charge shall take into consideration the local conditions, make the draft bye-laws for the market area in accordance with the provisions of the Act and the rules framed thereunder.

(2)A notice informing the preparation of bye-laws and availability of a copy thereof in the office of the Market Committee during office hours for inspection and offering any objection and suggestion from the users of the market within the period specified in the notice shall be affixed on the notice board of the Market Committee, as well as on the notice board of other autonomous bodies in whose jurisdiction market yard falls.

(3)All objections or suggestions specified in notice received within the period shall be considered by the officer-in-charge or committee-in-charge as the case may be and final bye-laws shall be prepared and sent to the Director for confirmation.

(4)On receiving confirmation from the Director a notice stating that the bye-laws have been confirmed by the Director shall be affixed on the notice board of the Market Committee and such other local authority or local authorities where the notice under sub-rule (2) was affixed. Such bye-laws, as confirmed by the Director shall be deemed to be enforced from the date on which the notice was affixed.

(5)Procedure as specified in sub-rules (2), (3) and (4) shall be applicable for amendment or cancellation of any of the bye-laws.

(6)The notice under this rule shall be affixed at the specified places on one and the same day and the person affixing the notice shall put his signature or thumb-impression alongwith date at the time of affixing.Chapter-XX Duration of Record

177. Preservation of records.

- The record of the Market Committee mentioned in column (1) of the table below shall be preserved for the period specified against each in column (2) in the table :Table

Record	Period
(1)	(2)
Budget	5 years
General Cash book	Permanently
Establishment Bill	35 years
General Bills	3 years
Balance-Sheet	10 years
Ledger	10 years
Register of Deposits	Permanently
Application Form	Permanently
Returns of daily purchases and sales	1 year after audit
Receipts	3 years
Register of sale and purchase of Agricultural Produce	10 years
Register of licences	10 years
Provident Fund Register	10 years or till all accounts to which it relates are closed
Service Books of the Employees	5 years after settlement of all final claims
Register of proceedings of the Market Committee orsub-committee	Permanently
Register of correspondence	Permanently
Cheque Books	10 years
Pass Books	10 years
Travelling Allowance Bills	3 years
Lease Deeds Allowance Bills	10 years after the date they cease to have effect
Security Bonds	10 years from the date they cease to have effect
Treasury Challans	3 years
Imprest Account Register	3 years
Attendance Register	1 year
Movable Property Register	10 years
Library Register	10 years
Demand and Collection Register	10 years
Register of Stamps	3 years
Register of Court Cases	10 years
Stock Register	10 years
Investment Register	Permanently
Files about the appointment, removal and dismissal ofemployees	35 years
Other records which the Market Committee may decide topreserve for more than 3 years	Such period not less than 10 years as may be prescribed by theMarket Committee.

Notwithstanding anything contained in the above rule, all the record shall be preserved for the period up to which the audit objection, if any, has been finally settled.Chapter-XXI Repeal and Savings

178. Repeal and Savings.

- On and from the date of commencement of these rules so much of the provisions of the Madhya Pradesh Agricultural Produce Market Rules, 1962, as relate to the matters covered by these rules stand repealed :Provided that anything done or any action taken under any of the provisions so repealed shall unless such things or actions are inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.Form I(See Rule 4)Cash-BookYear....................................................................................Name of the Market Committee............................................................(Mention Tehsil and District

	Receipts
Date	Credit Vouchers No.	Particulars	Ledger Folio	Cash	Bank	Initial
Individual	General	Rs.P.	Rs.P.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

	Payments
Date	Debit Vouchers No.	Particulars	Ledger Folio	Cash	Bank	Initial
Individual	General	Rs.P.	Rs.P.
(9)	(10)	(11)	(12)	(13)	(14)	(15)	(16)

Form II(See Rule 4)General LedgerYear..........................................................................................................Name of the Market Committee....................................................................(State also Tehsil and District)Account.........................................................................................................Amount sanctioned in the Original Supplementary Budget ...............re-appropriation (only for items of expenditure)

Date	Cash Book folio No.	Particulars	Receipts Rs. P.	Disbursement Rs. P.	Balance	Remarks
Credit Rs.P	Debit Rs. P.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

Form III(See Rule 4)Individual LedgerYear................................................................................................................Name of the Market Committee........................................................................(State also Tehsil and District)Account............................................................................................................

Date	Cash Book folio No.	Particulars	Receipts Rs. P.	Disbursement Rs. P.	Balance	Remarks
Credit Rs.P	Debit Rs. P.
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

Form IV(See Rule 4)Market Fee RegisterName of the Market Committee..............................................................................(State also Tehsil and District)Name of licence holder/General Commission Agent..............................................................................Trader.......................................Processor

Date	From or through whom purchased	Commodity (Krishi Upaj)	Quantity (or number purchased)	Rate at which purchased Rs.P.
Name	Bill No. or Account slip No.
(1)	(2)	(3)	(4)	(5)	(6)

Value of Produce (Krishi Upaj) Rs.P.	Rate of market fee percent Rs.P.	Total market fee Rs.P.	Date of recovery of market fee	Remarks
Voucher No.	Date
(7)	(8)	(9)	(10)	(11)	(12)

Form V(See Rule 4)Licence Fee RegisterName of the Market Committee....................................................................................(State also Tehsil and District)Year................................................Page No. .....................

S. No.	Date	Receipt No.	Name of the	Address
Licence holder	Firm
(1)	(2)	(3)	(4)	(5)	(6)

Category of licence and licence fee
Commission Agent	Trader	Broker	Weighman Measurer	Surveyor
Rs. P.	Rs.P.	Rs. P.	Rs.P.	Rs. P.
(7)	(8)	(9)	(10)	(11)

Warehouseman	Processor	Carting or clearing agent	Hammal	Other
Rs.P.	Rs. P.	Rs. P.	Rs.P.	Rs.P.
(12)	(13)	(14)	(15)	(16)

Assistant to Commission Agent/Broker/Trader	Assistant to carting or clearing agent	Remarks
Rs.P.
(17)	(18)	(19)

Form VI(See Rule 4)Register of Licence HoldersName of the Market Committee............................................................(State also Tehsil and District)Year ..............................Page No. ..............................

S. No.	Name of the	Address	Category of licence
Licence holder	Firm	(State the function such as Commission Agent,Trader, Broker, Processor, Weighman etc.)
(1)	(2)	(3)	(4)	(5)

Year	Year	Remarks
Resolution No.	Date of Resolution	Licence No. & Date	Resolution No.	Date of Resolution	Licence No. & Date
(6A)	(6B)	(6C)	(7A)	(7B)	(7C)	(8)

Form VII(See Rule 4)Forms and Accounts Books RegisterName of the Market Committee.............................................(State also Tehsil and District)Particulars of the form or register........................................................Year....................................

Date	Opening balance (No. of forms or books)	Receipts (No. of forms or books)	Total (No. of forms or books)	To whom issued	No. of forms or books issued
(1)	(2)	(3)	(4)	(5)	(6)

Value (if priced)	Signature of the receiver	Balance No. of forms or books	Signature of the Secretary	Remarks
(7)	(8)	(9)	(10)	(11)

Form VIII(See Rule 4)Stationery RegisterName of the Market Committee....................................................(State also Tehsil and District)Item of Stationery......................................... Unit.......................................Year..........................................................

Date	Opening Stock	Receipts	Total	No. issued	To whom issued
(1)	(2)	(3)	(4)	(5)	(6)

Signature of receiver	Closing stock	Signature of the clerk in charge	Remarks
(7)	(8)	(9)	(10)

Form IX(See Rule 4)Dead Stock RegisterName of the Market Committee..................................................................(State also Tehsil and District)Year...............................

Name of the Article and No. of pieces	Resolution approving purchase	Date of purchase	Value Rs.	Depreciation charged
				Year	Amount Rs.
(1)	(2)	(3)	(4)	(5)

Date of disposal	Resolution No. & date authorising disposal(Competent Authority's sanction)	Amount realised Rs.	Remarks
(6)	(7)	(8)	(9)

Form X(See Rule 4)Pay Register

Month....................................................................

Year....................................................................

Name of the Market Committee....................................................................(State also Tehsil and District)

S. No.	Name of the employees	Designation	Pay Scale Rs.	Present pay and rate at which allowances paid Rs.
(1)	(2)	(3)	(4)	(5)

Period for which salary paid	Pay	Dearness allowance	Other allowance	Total of columns 7 to 9
	Rs.	Rs.	Rs.	Rs.
(6)	(7)	(8)	(9)	(10)

Deductions	Total deductions	Net amount paid	Signature of the employees
Provident Fund contribution	Advance if any	Insurance premium	Income tax
Rs.	Rs.	Rs.	Rs.
(11)	(12)	(13)	(14)	(15)	(16)	(17)

Form XI(See Rule 4)Loan Register

Year....................................................................

Page No. ...................................................................

Name of the Market Committee....................................................................(State also Tehsil and District)

S. No.	Date of application and Resolution No.	Amount of loan sanctioned	Purpose for which sanctioned	No. and date of the order and the authoritysanctioning load
(1)	(2)	(3)	(4)	(5)

Rate of interest and penal interest	Due date of repayment	Annual instalment
Loan Rs.	Interest Rs.	Penal Interest if any Rs.	Total Rs.
(6)	(7)	(7a)	(7b)	(7c)	(7d)

Amount repaid	Challan No. and Date under which instalment ofprincipal and interest paid	Balance	Remarks
Principal Rs.	Interest Rs.	Penal interest if any Rs.	Total Rs.
(8a)	(8b)	(8c)	(8d)	(9)	(10)	(11)

Form XII(See Rule 4)Property RegisterName of the Market Committee........................................................................(State also Tehsil and District)

S. No.	Nature of the property (Land, building etc.)	Description of the property (SI. No., House No.,Area, etc.)	Valuation of property Rs.	From whom purchased.
(1)	(2)	(3)	(4)	(5)

If constructed, actual cost of construction	Date of purchase or completion of construction	Valuation after depreciation	Remarks
Year	Value Rs.
(6)	(7)	(8)	(9)	(10)

Form XIII(See Rule 12)Market Committee....................................................................................Tehsil ................................................ District ....................................Register of Remittances made to the Treasury or Bank

Date of remittance	Reference to folio number in office cash book	On what account (Nature of the fees orparticulars of the amount shall be furnished)
(1)	(2)	(3)

Head of credit in the Bank or Treasury account	Amount Rs	Signature of the Treasurer or official of theBank	Signature of the Officer-in-charge of theTreasury or Bank
(4)	(5)	(6)	(7)

Form XIV[See sub-rule (1) of Rule 63]Property RegisterTo,............................................................................................................................Sir,The particulars for obtaining loan from the Market Committee/State Agricultural Marketing Board for the Market Committee ............. Tehsil.............. District are given below :

1.	Name of Market Committee	.............................
2.	Amount of loan applied for	.............................
3.	Purpose for which the loan is required (also furnish detailedestimates of construction works or other relevant information)	.............................
4.	Security offered against the loan
5.	Date by which loan is required and whether in one or moreinstalments	.............................
6.	Date by which loan is proposed to be utilised	.............................
7.	Statement of financial position of the Market Committeealongwith details of liabilities	.............................
8.	Nature and amount of the previous loans, if any, taken by theMarket Committee (source, period of taking loan and up-to-dateposition of repayment, etc.)	.............................
9.	No. and date of resolution of the Market Committee (copy ofresolution to be attached)	.............................
10.	Any other remarks	.............................

Certified that the facts stated in the application above are true to the best of my knowledge.Certified also that the Market Committee undertakes to abide by the terms and conditions on which loan may be granted by the Authority concerned.It is requested that a loan of Rupees (in words and figures).......may kindly be sanctioned to the above Market Committee.Date .......Signature of the Chairman/Officer-in-charge with date and sealSeal of the Market CommitteeSignature of Secretary with date and sealSignature of one memberwith date.Form XV[See sub-rule (1) Rule 4]Annual estimates of income and expenditure of the Market Committee......Tehsil...........District........... for the year...........N.B. - (1) Sanction should be quoted for every contribution and for every construction work.

(2)The figures in the unit's place should be without exception, cypher or 5 thus for Rupees 1,346, Rupees 1,345 and for Rupees 2,398, Rupees 2,400 should be entered.

(3)If the whole amount of a sanction estimate or expenditure cannot be spent during the current year the balance should be provided for in the estimate under preparation.

(4)Estimate for grants from the State Government or any other source under receipts, and contribution under disbursement must be supported by sanction.

(5)Particulars regarding nature and cost of works for which provision is made should be given separately with details.Budget estimate of probable Income arid Expenditure of the Market Committee ............... Tehsil ............. District..... for the year ending 30th September, 20.....

Head of Receipt	Estimate for the ensuing year20........20......Rs.	Sanctioned estimate for current year20........20......Rs.	Revised estimate for the current year20........20......Rs.
(1)	(2)	(3)	(4)

Actuals of last year 20.........20....Rs.	Actuals of previous year 20.........20....Rs.	Head of Expenditure	Estimate for the ensuing year20.........20....Rs.
(5)	(6)	(7)	(8)

Sanctioned estimate for current year20........20........	Revised estimate for the current year20........20........	Actuals of last year 20........20....	Actuals of previous year 20........ 20....
Rs.	Rs.	Rs.	Rs.
(9)	(10)	(11)	(12)

...........................	...........................
Signature, date and seal of	Signature, date and seal of the
Accountant or Employee of	Secretary of Market Committee
Market Committee

Explanation. - Receipt side shall show the following :

(1)	Market Fees.
(2)	Licence Fees (Issue, Renewal or giving duplicate copies).
(3)	Securities and Bank Guarantee,-
	(a)	From market functionaries.
	(b)	From members of service and employees of Market Committee.
(4)	By leasing of,-
	(a)	Plots (Total number of plots in the market yard number ofplots given on lease and balance should be shown separately).
		(i)	Premium	Rs..........................
		(ii)	Lease rent	Rs......................
		(iii)	Total	Rs......................
	(b)	Any type of construction (kind of construction and their numbershould be separately shown).
		(i)	Premium	Rs......................
		(ii)	Lease rent	Rs......................
		(iii)	Total	Rs......................
	(c)	Grass, Cowdung, Compost and other refuse materials, etc. givenfrom the market yard.
(5)	By giving on rent of,-
	(a)	Plots	Rs......................
	(b)	Any construction work	Rs......................
		(Give type of construction and rent for construction work andalso quote order number and date of competent authoritysanctioning the rent).
(6)	By sale of any immovable or movable property or article-,	Rs......................
			(Give details quoting the sanctioning order number and date ofcompetent authority for selling the property or articles).
(7)	Fines/Penalties	Rs.......................
	Give full particulars).
(8)	By way of composition of offences.	Rs......................
	Give full particulars)
(9)	By way of copying fees.	Rs......................
(10)	Deposit of badges.	Rs......................
	(From market functionaries and employees).
(11)	Interest,-
	(i)	(a)	Amount of fixed deposit,
		(b)	Rate Of interest,
		(c)	Amount of interest-	Rs......................
	(ii)	(a)	Amount kept in current deposit
		(b)	Rate of interest
		(c)	Amount of interest,-	Rs......................
(12)	Loans and advances-
		(Give full particulars).
(13)	Grant-in-aid	Rs......................
		(Give full particulars).
(14)	Any other item (not covered above).
	(Give full particulars).
	*Expenditure side shall the following,-
(1)	Honorarium and Allowances of Members of Market Committee.....
		(i)	Chairman	Rs......................
		(ii)	Others	Rs......................
(2)	Pay and allowances,-
		(i)	Pay of Officers	Rs......................
		(ii)	Pay of Establishment	Rs......................
		(iii)	Dearness Allowance	Rs......................
		(iv)	Travelling Allowances	Rs......................
		(v)	Other Allowances	Rs......................
			(Deputation Allowances, Medical, House Rent, City CompensatoryAllowances, etc.)
		(vi)	Contribution towards Provident Fund	Rs......................
		(vii)	Contribution towards Gratuity/Pensions (if any)	Rs......................
		(viii) [ [Inserted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001.]	Special Pay
		(ix)	Ex-gratia, Family Benefit Fund and Group Insurance Scheme
		(x)	Interim Relief/ Dearness Allowance.]

(3)[ Expenditure on training

(4)Loans and Advances,-

(i)Travelling Allowances, Contingency/Miscellaneous Advances, Festival and Grain Advance;

(ii)Medical Advance;

(iii)Cycle Purchase Advance;

(iv)Advance for purchase of Plot/House/Conveyance;

(v)Advance for purchase of Solar Cooker/Computer.

(5)Stores,-

(i)Stationery articles;

(ii)Printing of forms and registers;

(iii)Purchase of Books, periodicals, Law and other office books and publications;

(iv)Expenditure on publicity and broadcasting equipments;

(v)Purchase of diary and calendars;

(vi)Purchase of maps;

(vii)Binding;

(viii)Typing, duplicating expenses;

(ix)Printing from non-Govemment presses;

(x)Purchase of rain coats and caps;

(xi)Liveries to Class IV employees/Drivers;

(xii)Furniture, cooler, fans and seasonal expenses;

(xiii)Other articles of stores;

(xiv)Fax and computer stationery;

(xv)Other items of stores not mentioned above.

(6)Construction :

(i)Petty construction works in Market Premises;

(ii)Maintenance and repairs of building;

(iii)Refund of deposits.

(7)Machinery and Equipment Purchase of :

(i)Typewriter, duplicating machine, calculator/ computer and drawing articles;

(ii)Weights and Measures;

(iii)Weighing Machine;

(iv)Grading Machine;

(v)Generator;

(vi)Fire Brigade vehicle;

(vii)Humidity measuring machine;

(viii)Other Machines and instruments.

(8)Vehicle :

(i)Vehicle and Machinery rent expenditure;

(ii)Purchase of tyre, tube, battery, petrol and oil;

(iii)Vehicle maintenance expenditure;

(iv)Vehicle purchase expenditure.

(9)Miscellaneous :

(i)Railway ticket cancellation expenditure;

(ii)Expenditure towards advance for law suits;

(iii)Contingency paid employees pay expenditure;

(iv)Octroi and tax expenditure;

(v)Expenditure on Sales Tax on Government purchase;

(vi)Postal and stamp and telegram expenditures;

(vii)Expenditure on maintenance of typewriter, duplicating machine;

(viii)Rent of typewriter expenditure;

(ix)Repairing of duplicators and slides;

(x)Maintenance of computer, fax machine, intercom and PBX expenditure;

(xi)Publication of advertisement expenditure;

(xii)Meeting, refreshment expenditure;

(xiii)Mela exhibition stall expenditure;

(xiv)Furniture repairing expenditure;

(xv)Furniture rent expenditure;

(xvi)Contingent (Miscellaneous expenditure);

(xvii)Demurrage expenditure;

(xviii)Sale expenditure;

(xix)Tools, Minor instruments and plan expenditure;

(xx)Telephone, electricity and water expenditure;

(xxi)Telephone installation expenditure;

(xxii)Telephone repairing expenditure;

(xxiii)Expenditure on other item of dead stock which includes survey map and instruments;

(xxiv)Expenses on transportation and storage of fertilizer;

(xxv)Expenditure on rent of godowns for storage;

(xxvi)Expenditure on rent of offices for other purposes.]

Item (3) to (8) as applicable to the State of Chhattisgarh"(3) Contingencies-

(i)	Badges and liveries	Rs......................
(ii)	Custom duty on imported goods, if any	Rs......................
(iii)	Expenditure in connection with public exhibitions and fairs.(Quote order number and date of competent authority)	Rs......................
(iv)	Expenses of trainees visiting Market Committee	Rs......................
(v)	Pay of menials	Rs......................
(vi)	Purchase of land or building or taking on lease. (Quotesanction order number and date of competent authority)	Rs......................
(vii)	Purchase of instruments and apparatus.	Rs......................
(viii)	Purchase of implements	Rs......................
(ix)	Purchase of furniture (Cash-chest, Almirah, Record shelves,Tables, Chairs, Clock, Carpet).	Rs......................
(x)	Purchase of Type-writers and Duplicators. (Prior sanction ofcompetent authority should be obtained).	Rs......................
(xi)	Rents on building or ground (Sanction of competent authorityshould be obtained before taking any piece of land or anyconstruction work).	Rs......................
(xii)	Rate and Taxes (Give full particulars and obtain sanction fromcompetent authority).	Rs......................
(xiii)	Telephone charges (Give full particulars and for installingtelephone for the first time Director's prior approval isnecessary).	Rs......................
(xiv)	Tour charges or vehicle charges (The vehicle should bepurchased only after obtaining prior sanction of the Director andcharges for running of the vehicle should be mentioned hereincluding any of the accessories required for keeping the vehiclein working order. Likewise charges towards P.O.L. should beincorporated here Regular log books should be maintained as inthe case of Government vehicle).	Rs......................
(xv)	Petty construction and repairs
	(a)	Petty constructions of buildings or any structure	Rs......................
	(b)	Repairs to buildings or any type of Structure	Rs......................
	(c)	Road construction and repairs.	Rs......................
	(d)	Repairs to drainage	Rs......................
	(e)	Purchase of wire fencing	Rs......................
(xvi)	Service postage stamps, telegram charges, post cards	Rs......................
(xvii)	Stationery	Rs......................
(xviii)	Books and periodicals	Rs......................
(xix)	Hot weather charges (Tattis, nands, Pots, Wages of cooliesropes etc.)	Rs......................
(xx)	Charges for Fans and lights	Rs......................
(xxi)	Office expenses and miscellaneous (Office box, rat traps, callbell, tumbler, cloth for bundles, oil brooms, dusters, matches,blankets, umbrellas, turpentine book binding, dhobi, seals,letter seals, money order commission, gum, thread, needles,twines, pins, pencils holders country ink, wax cloth and otherstationery articles usually supplied by the StationeryDepartment).	Rs......................
(xxii)	Office expenses and miscellaneous (Office box, rate traps,call bell, tumbler, cloth for bundles, oil brooms, dusters,matches, blankets, umbrellas, turpentine book binding, dhobi,seals, letter seals, money order commission, gum, thread,needles, twines, pins, pencils holders country ink, vax cloth andother stationery articles usually supplied by the StationeryDepartment.)	Rs......................
(xxii)	Repairs to-
	(a)	Furniture	Rs......................
	(b)	Typewriter	Rs......................
(4)	Reception and Welfare	Rs......................
(4)	Reception and Welfare	Rs......................
(5)	Expenditure towards meeting-
	(i)	Sitting fees	Rs......................
	(ii)	Expenditure for tea, and light refereshment (Previous sanctionper head to be incurred in the meeting should be obtained fromthe Director).	Rs......................
(6)	Law charges (Give full particulars)	Rs......................
(7)	Any other item (not covered above) (Give full particulars)	Rs......................
(8)	Repayment of loans and advances	Rs......................

Form XVI[See clause (a) of sub-rule (5) of Rule 65]Statement Showing Details of the Establishment For the Year 20, 20.........of Market Committee..........Tehsil............District...............

S. No.	Head of Account	Designation of the posts	Number of Posts sanctioned.	Number and date of order of the Director or othercompetent authority sanctioning the post	Scale of pay of the post
(1)	(2)	(3)	(4)	(5)	(6)

Name of the present incumbent of the post andtheir pay and allowances on the 1st October of the current year	Total anticipated expenditure under the head ofaccount during the ensuing year
Name of incumbent	Pay on the first of October	D.A.	Other Allowances to be specified
(7)	(8)	(9)	(10)	(11)

..............................	.............................
Signature of Secretarywith date and seal	Signature of Chairmanwith date and seal

Form XVII[See clause (b) of sub-rule (5) of Rule 65]Statement Showing the Details of Works to be Executed During the Ensuing Year of Market Committee

Tehsil ............................

District ............................

S. No.	Head of Account	Name or description of the work	Number and date of order of the competentauthority sanctioning the work	Amount of sanctioned estimate	Outlay incurred on the work so far	Outlay proposed to be incurred on the work duringthe ensuing year	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)

..............................	.............................
Signature of Secretarywith date and seal	Signature of Chairmanwith date and seal

Form XVIII[See clause (c) of sub-rule (5) of Rule 65]Details of Loans Sanctioned to the Market Committee

Tehsil ............................

District ............................

S.No.	Number and date of order sanctioning the loan	Purpose for which loan was sanctioned	Amount of loan sanctioned	Amount of loan drawn by the Market Committee
Amount	Date of drawal
(1)	(2)	(3)	(4)	(5)	(6)

Number of instalments in which the loan is to berepaid and period of each instalment	Rate of interest	Overdue amounts of loan and interest to berepaid, if any	Remarks
Overdue amount of loan to be repaid	Amount of interest overdue
(7)	(8)	(9)	(10)	(11)

Abstract

1. Total amount of loans raised by the Market Committee as on 1st October............

2. Amounts of loan repayments due to be made during the market year............

3. Amount of interest on loans due to be paid during the market year...............

..............................	.............................
Signature of Secretarywith date and seal	Signature of Chairmanwith date and seal

Form XIX[See clause (d) of sub-rule (5) of Rule 65]Contributions and Other Dues Payable to Government Departments by the Market Committee

Tehsil ............................

District ............................

During ensuing year..................

S.No	Details of contribution amount or other duespayable to Government	Amount payable
(1)	(2)	(3)

The number and date of bill or letter in whichpayment of the contribution or other dues to Government has beenurged	Head of account under which provision for paymentof the contribution or other dues has been made	Remarks
(4)	(5)	(6)

..............................	.............................
Signature of Secretarywith date and seal	Signature of Chairmanwith date and seal

Form XX[See sub-rule (1) of Rule 81 and sub-rule (1) of Rule 102]Strength of Service Including Both the Number and Designation and Scale of Pay

Designation	No. of Post	Scale of pay	Remarks
(1)	(2)	(3)	(4)
A Class Market Committee-
Secretary	1	Rs. 425-25-500-30-680-EB-40-800-50-900
Asstt. Secretary Grade I	2	Rs. 280-10-350-EB-12-1/2-400- 20-480	Out of these two posts one person shall look after assessmentof market fees.
Marketing Inspector	2	Rs. 220-5-240-6-270-10-300-EB-10-350-12-1/2- 375	In addition to these two posts one Marketing Inspector forevery check posts and one additional market yard, if any.
B Class Market Committee-
Secretary Grade II	1	Rs. 350-12-1/2-400-20-500-25-550
Assistant Secretary Grade II	1	Rs. 246-6-270-10-350-EB-12-1/2-400-20-460
Marketing Inspector	1	Rs. 220-5-240-6-270-10-300-EB-10-350-12-1/2-375	In addition to this one post one Marketing Inspector for everyfour check posts and one for additional market yard, if any.
C Class Market Committee-
Secretary Grade III	1	Rs. 280-10-350-EB-12-1/2-400-20-480
Marketing Inspector	1	Rs. 195-5-240-6-252-EB-6-270-10-330	One Marketing Inspector for every four check posts and one foradditional market yard, if any.
D Class Market Committee-
Secretary Grade IV	1	Rs. 220-5-240-6-270-10-300-EB-10-350-12-1/2- 375

Form XXI[See sub-rule (2) of Rule 88]Academic Qualifications for Recruitment

Category	Method of Recruitment	Qualifications
(1)	(2)	(3)
Secretary Grade I	(i) By deputation	Persons from Agriculture Department not below the rank ofAgricultural Assistant (Upper Division) possessing at leastdegree in Agriculture and having at least three years of serviceas Agricultural Assistant (Upper Division).
(ii) By Promotion	Certificate of Higher Secondary or equivalent examination orMatric prior to 1960 with training in Market Secretaries TrainingCourse sponsored by Government of India.
	And
	Must have served for not less than six years as SecretaryGrade II.
Secretary Grade II	(i) By deputation	Must hold at least degree in Agriculture or Science or Artswith Economics as one of the subjects or Commerce
	And
	Three years of service not below the rank of AgricultureAssistant (Lower Division).
	(ii) By promotion	Must have a certificate of Higher Secondary or equivalentExamination or Matric prior to 1960 with training in MarketSecretaries Training sponsored by Government of India.
	And
	Must have served for not less than six years as SecretaryGrade III or Assistant Secretary Grade I.
Secretary Grade III	(i) By deputation	Must hold at least a degree in Agriculture or Science or Artswith Economics as one of the subjects or Commerce;
	And
	Must have put in not less than six years of service as villagelevel worker or not less than three years of service not belowthe rank of Agriculture Assistant (Lower Division).
(ii) By promotion	Must have a certificate of Higher Secondary or equivalentexamination or Matric prior to 1960 with training in MarketSecretaries Training sponsored by Government of India.
	And
	Must have served for not less than six years as SecretaryGrade IV or as Assistant Secretary Grade II or as MarketingInspector, Grade II.
Secretary Grade IV	(i) By direct recruitment	Must hold at least a degree in Agriculture or Science or Artswith Economics as one of the subjects or Commerce from Universityof Madhya Pradesh.
(ii) By promotion	Must have a certificate of Higher Secondary or equivalentexamination or Matric prior to 1960 with not less than threeyears of experience as Marketing Inspector, Grade II.
Assistant Secretary Grade I	By promotion	Must have passed Higher Secondary or equivalent Examination orMatric prior to 1960 and served as Assistant Secretary Grade IIfor not less than six years.
Assistant Secretary Grade II	By promotion	Must have passed Higher Secondary Examination or equivalentexamination or Matric prior to 1960 and served as MarketingInspector Grade I, or Secretary Grade IV for not less than sixyears.

Form XXII[See sub-rule (2) of Rule 88]Qualifications and Methods of Recruitment for Other Officers of the State Marketing Service

Category	Method of Recruitment	Qualifications
(1)	(2)	(3)
Marketing Inspector Grade I	By promotion	Must have passed Higher Secondary examination or equivalentexamination or Matric prior to 1960 and served as MarketingInspector Grade 11 for at least three years.
Marketing Inspector Grade II	By direct recruitment	A degree in Agriculture or Science or Arts with Economics asone of the subjects or commerce from University of MadhyaPradesh.

Form XXIII[See Rule 91]Medical Certificate Of FitnessI hereby certify that I have examined Shri ........ a candidate for appointment to the State Marketing Service........... and cannot discover..........that he/she has any disease (communicated or otherwise) constitutional weakness or bodily infirmity except............. I do not consider this a disqualification for employment on the post of ............. condition of-

1. Circulatory system-blood pressure-

(Systolic)

(Diastolic)2. Respiratory system

3. Digestive system

4. Genito Urinary system

Urine ExaminationReactionSpecific GravityAlbumenSugarNervous SystemSpecial senses including remarks on correction of visual defects, if any.His/Her age is, according to his/her own statement years and by appearance about years.He/She has had small-pox has been successfully vaccinated.Thumb and finger-impression of the left/right hand (to be obtained except in the case of literate person who can sign their names in Hindi (English).Thumb Index Middle Ring LittleSignature of the candidate in Hindi/English (to be obtained in the case of those who can sign their names in Hindi (English).

Station :	....................................
Date :	Signature and designation of theExaminingMedical Authority

Form XXIV[See sub-rule (3) of Rule 92 and sub-rule (1) of Rule 105]Test to be Passed by the Members of the Service

Serial No	Designation	Test to be passed or course to be completed
(1)	(2)	(3)
1.	Secretary	(i) Market Secretary's Training Course.
2.	Assistant Secretary	(ii) Accounts test as directed by the Government/ Director.
3.	Mandi Inspector	(iii) Departmental test conducted by the Director comprisingof the Madhya Pradesh Agricultural Produce Markets Act and therules and bye-laws framed under that Act and all orders madethereunder.
		(iv) In case of those candidates who have not taken "HINDI"(Higher) as one of the subjects for Higher Secondary SchoolExamination shall have to pass the language paper (Hindi) forDepartmental Officers.

Note.-Those who have completed Diploma course in Agricultural Marketing shall be exempted by Government from (i) above.Form XXV[See sub-rule (1) of Rule 124]Service Book(Personal Remarks)

1. Name................................................

2. Race.....................................

3. Residence...................................

4. Father's name and residence..........................

5. Date of birth by the Christian and Saka-era as nearly as can be ascertained...................................

6. Exact height by measurement..........................

7. Personal marks for identification.......................

8. Signature of the member of the service....................

9. Signature and designation of the head of the office or other attesting officer.....................................

Note.-The entries in this page should be renewed orreattested at least every five years and the signature in lines(8) and (9) should be dated.
Name of appointment	Whether substantive or officiating and whetherpermanent or temporary	If Officiating here state substantive appointment	Pay in substantive appointment	Additional pay for officiating
(1)	(2)	(3)	(4)	(5)

Other emoluments falling under the term "pay"	Date of appointment	Signature of servant	Signature and designation of the Head of theoffice or other attesting officer in attestation of columns (1)to (8)	Date of termination of appointment
(6)	(7)	(8)	(9)	(10)

Reasons of termination (such as promotion,transfer, dismissal, etc.)	Signature of the Head of the office or otherattesting officer	Nature and duration of leave taken	Signature of the Head of the office or otherattesting officer	Reference to any record punishment or censure orreward or praise of the member.
(11)	(12)	(13)	(14)	(15)

Form XXVI[See sub-rule (1) of Rule 125 and Note]Confidential Report Madhya Pradesh State Marketing Service

1. Confidential report for the period ending..................

2. Name of Officer/Official...........................

(N.B.-Name TO BE WRITTEN IN BLOCK CAPITALS)

3. Class of service to which he belongs.....................

4. How employed.................................

5. Name of the Market Committee in which the appointment is held........

6. District and Division............................

Descriptive Reports of Superior OfficersNote. - 1. The Report should comment generally on the way in which the officer/official carried out his various duties during the year and should give an estimate of his personality, character and abilities, making particular mention of his relations with his fellow officers/officials and general public. It should contain an opinion on any point especially required at any particular time, for example, fitness to pass an efficiency bar.

2. In case it is considered necessary to refer to the integrity and honesty of a member of the service the officer writing the report should also record his opinion.

3. Name of officers making the report should be typed or written in block letters below their initials or signature.

Form XXVII[See sub-rule (2) of Rule 156]Form of Nomination(To be used when the subscriber has a family and wishes to nominate one member thereof)I hereby nominate the person mentioned below who is a member of my family as defined in Rule 2 to receive the amount that may stand to my credit in the Provident Fund in the event of my death before that amount has become payable or having become payable, has not been paid.

Name and address of the nominee	Relationship with the subscriber	Age	Name of guardian in the case of minors
(1)	(2)	(3)	(4)

Dated this......................day of 20.......................at......................Two witnesses to signature-

(1)Signature :Name..................................................................................................................Address..............................................................................................................

(2)Signature :Name..................................................................................................................Address...........................................................................................................................................................Signature of the subscriberForm XXVIII[See sub-rule (2) of Rule 156][To be used when the subscriber has a family and wishes to nominate more than one member thereof]I hereby nominate the persons mentioned below who are members of my family as defined in Rule 2 to receive the amount that may stand to my credit in the Provident Fund in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount shall be distributed among the said persons in the manner shown below against their names :

Name and address of the nominee	Relationship with the subscriber	Age	Amount of share of accumulations to be paid toeach Rs.	Name of guardian in the case of minors
(1)	(2)	(3)	(4)	(5)

Dated this........................day of 20........................at.................................Two witnesses to Signature :

(1)Signature :Name................................................................................................Address...............................................................................................

(2)Signature :Name................................................................................................Address................................................................................................................................................Signature of the subscriber*Note.-This column should be filled in so as to cover the whole amount that may stand to the credit of the subscriber in the fund at any time.Form XXIX[See sub-rule (3) of Rule 156](To be used when the subscriber has no family and wishes to nominate one person)I, having no family as defined in Rule 2, hereby nominate the person mentioned below to receive the amount that may stand to my credit in the Provident Fund in the event of my death before that amount has become payable, or having become payable has not been paid :

Name and address of thenominee

Relationship withsubscriber

Age

Dated this........................day of 20........................at.................................Two witnesses to Signature :

(2)Signature :Name................................................................................................Address................................................................................................................................................Signature of the subscriberForm XXX[See sub-rule (3) of Rule 156](To be used when the subscriber has no family and wishes to nominate more than one person)I, having no family as defined in Rule 2, hereby nominate the persons mentioned below to receive the amount that may stand to my credit in the Provident Fund in the event of my death before that amount has become payable or having become payable has not been paid, and direct that the said amount shall be distributed among the said persons in the manner shown below against their names :

Name and address of the nominee	Relationship with the subscriber	Age	Amount of share of accumulations to be paid toeach Rs.
(1)	(2)	(3)	(4)

Dated this........................day of 20........................at.................................Two witnesses to Signature :

(2)Signature :Name................................................................................................Address................................................................................................................................................Signature of the subscriber*Note. - This column should be filled in so as to cover the whole amount that may stand to the credit of the subscriber in the fund at any time.Form XXXI[See Explanation (2) under Rule 168]Registered NoticeNo....................................Dated....................................FromThe Secretary...................To,......................................Sir,I beg to inform you that........ late, a .......... is the employee of the office of the .......... Market Committee (State also Tehsil and District) died on the that the said.............. was a subscriber to this Provident Fund and that in the nomination furnished by him under Rule 156 of the Provident Fund part of the rules, he gave the above name and address as the person to whom he desired that in the event of his death the amount due to him from the Provident Fund to be paid.

2. The amount standing to the credit of the deceased from the Provident Fund is Rs........ (mention in words and figures) which sum will be paid to you on your affording satisfactory proof of your identity. In the event of your not making a claim to such a sum within six months from the date thereof the sum will be transferred to the head of "deposit" and dealt with under the rules applicable to "deposits".

Yours faithfully,Secretary(Name and Seal)Form XXXII[See clause (ii) of sub-rule (5) of Rule 170]Bond of Indemnity For Drawal of Provident Fund Money Due To MinorBond of indemnity for drawal of Provident Fund money due to the minor child/children of a deceased subscriber by a person other than its/their natural guardian where each minor's share does not exceed Rs. 100 (Rupees one hundred) :

(a)	Full name of claimant(s) with place(s) of residence	Know all men by these present I/We .... resident(s) of ....and I/We................. and
(b)	Full name(s) of sureties	Resident(s) of ........ sureties on her/his/their behalf areheld firmly bound to the Director in the sum ofRs..........(Rupees in words and figures) to be paid to theDirector for which payment to be well truly made each of usseverally binds himself and his heirs, executors administratorsand assigns and any of them and all of us jointly bind ourselvesand our heirs, executors, administrators and assigns, firmly bythese presents.
		As witness we here unto our hands this day of.............. 20.......
(c)	Name of deceased	Whereas.................. was at the time of his death a subscriber to theProvident Fund established and maintained by the Director.And/whereas the said..... dies on the day of........19... and asum of Rs............. (*Rupees in words and figures) is payable by theDirector on account of his Provident Fund accumulations.
		And whereas the above bounden [hereafter called theclaimant(s)] the said sum on behalf of the minor child/ childrenof the said but has/have not obtained a guardianship certificate.
(d)	Title of the officer responsible for the payment	And whereas the claimant(s) has/have satisfied the (officerconcerned) that he/she/they is/are entitled to the aforesaid sumand it would cause undue delay and hardship if the claimant(s)were required to produce a guardianship certificate.
		And whereas the said sum is payable to the claimant(s) butunder the rules it is necessary that the claimant(s) should firstexecute a bond with two sureties to indemnify the Directoragainst all claims to the amount so due as aforesaid to the said(deceased) before the said sum can be paid to the claimant(s).
		Now, the condition of this bond is such that if after paymenthas been made to the claimants) the claimants) or sureties shallin the event of a claim being made by any other person againstthe Director with respect of the aforesaid sum of Rupees.............. (Rupees in words and in figures) refund to theDirector the sum of Rs..........(Rupees in words and figures) andshall otherwise indemnity and save the Director harmless from allliabilities in respect of the aforesaid sum and all costsincurred in consequence of any claim thereto. Then the abovewritten bond or obligation shall be void but otherwise the sameshall remain in full force and virtue. In witness to the abovewritten bond and the condition, therefore, we ........ and have heretoset our hands this day of 20.................

*(Here insert "to be entitled to" or as"guardian" as the case may be).Form XXXIII[See Rule 173]Provident Fund Account BookDeposit amount of..........(Official Designation) for the year ending 31st March, 20...........

AccountNumber	Subscriptions	Bonus	Remarks
(1)	(2)	(3)	(4)
	Rs. P.	Rs. P.

Opening Balance*Credit during the yearInterestfor 19..........Total

Withdrawal during theyear..............................Balance on 31st March,20...............................

*Includes recoveries made during the months of April to March. Forwarded to the subscriber as required by Rule 173 of the Provident Fund portion of rules. He is required to satisfy himself as to the correctness of the statement and bring errors, if any, to the notice of undersigned within one month from the date of its receipt.

Place....................................	Signature..............................
Date .......... 20.....................	Name, Designation and Seal

Form XXXIV[See clause (a) of sub-rule (1) of Rule 174]Provident Fund Ledger

Name...............................................	Designation..................
Account No. ..... 19........ to 19........	Subscription Rs............
Account...........................................	Account.........................

Refund of withdrawals

Deposits	Date	Amount	Total each month	Withdrawals
(1)	(2)	(3)	(4)	(5)
		Rs. P.	Rs. P.	Rs.P.

Monthly balance on which interest is calculated	Interest monthly balance	Bonus	Interest on Bonus	Remarks
(6)	(7)	(8)	(9)	(10)
Rs. P.	Rs. P.	Rs. P.	Rs. P.	Rs. P.

Balance from 19..........OpeningbalanceAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarch-Final
..................................Total..................................

Total withdrawalsTotal interest added to PrincipalTotal including balanceTotal bonusInterest added to bonusClosing balanceClosing balance of bonus accountForm XXXV[See clause (b) of sub-rule (1) of Rule 174]Abstract RegisterAbstract of the Provident Fund of the Market Committee..........(State also Tehsil and District) Employees for the year 19..........to 19........Note. - (1) After all the closing balances of the year have been brought forward in Columns (5) and (6) a red line should be drawn across these two columns and a grand total made.

(2)The total monthly credits in Columns (7) to (18) should be agreed with the corresponding totals in the cash book.

Opening balance	Amount of subscription in credit or refund ofwithdrawals received	Debits	Closing balance
(1)	(2)	(3)	(4)
Rs. P.		Rs. P.	Rs. P.
(1) Serial No. as per register of subscribers.	(7) April
(2) No. of subscribers	(8) May
(3) Official designation	(9) June
(4) Pay on which subscription is levied	(10)July
(5) Subscription Account	(11)August
(6) Bonus Account	(12)September
	(13) October
	(14) November
	(15) December
	(16) January
	(17) February
	(18) March
	(19) Total of Columns (7) to (18)
	(20) Interest on subscription etc.
	(21) Interest on bonus
	(22) Bonus for- the current year
	(23) Subscription account Cols. (6), (19) and (20)
	(24) Bonus account Cols. (6), (21) and (22)
	(25) Subscription and interest withdrawn or temporarywithdrawals
	(26) Bonus and interest withdrawn or forfeited
	(27) Voucher No. Month
	(28) Subscription Account
	(29) Bonus Account
	(30) Remarks

Form XXXVI[See clause (c) of sub-rule (1) of Rule 174]Cash Book of Provident Fund of the Employees of Market Committee(State also Tehsil and District)

Subscription	Receipts	Particulars of subscription
Bonus	Interest	Investment	Miscellaneous	Month and date
(1)	(2)	(3)	(4)	(5)	(6)	(7)

Payments	Total balance of every month
Subscription	Bonus	Interest	Investment	Miscellaneous
(8)	(9)	(10)	(11)	(12)	(13)

Form XXXVII[See clause (d) of sub-rule (1) of Rule 174]Register of SubscriberRegister of Subscriber to the Provident Fund of the Employees of the Market Committee................(State also Tehsil and District)

S. No.	Name in full	Father's name	Address	Date of birth by Christian Era	Date of Admission	Age and date of admission
(1)	(2)	(3)	(4)	(5)	(6)	(7)

Name of appointment held on the date of admission	Pay of posts	No. and dates of certificate of nomination (to befilled separately)	Serial No.	Name in full	Relationship to subscriber
(8)	(9)	(10)	(11)	(12)	(13)

Age	Occupation	Address	Sum due in which proportion payable	Name and Address of witness attesting thecertificate	Initials of the Audit Officer	Remarks
(14)	(15)	(16)	(17)	(18)	(19)	(20)

Form XXXVIII[See clause (e) of sub-rule (1) of Rule 174]Register of Temporary Advances and their Recoveries

Withdrawals	No. of instalments for recovery
Name and Designation	Account No.	Authority	Amount sanctioned Rs. P.	Amount withdrawn Rs. P.
(1)	(2)	(3)	(4)	(5)	(6)

Recoveries
Year	April	May	June	July	August	September	October	November	December	January	February	March	Remarks
(7)	(8)	(9)	(10)	(11)	(12)	(13)	(14)	(15)	(16)	(17)	(18)	(19)	(20)

Form XXXIX[See clause (f) of sub-rule (1) of Rule 174]Register Of Life Insurance Policies Effected In Favour Of Provident Fund

S. No.	Name of Policy Holder	Name of Insurance Company	No. of Policy	Date of maturity of policy	Amount of policy	Folio No. of Register of premia
(1)	(2)	(3)	(4)	(5)	(6)	(7)

Date of receipt of policy	Date and initials of the Audit Officer/ Official	Date of assignment	No. and date of letter forwarding the policy	Date of acknowledgement of policy	Date and initials of the Audit Officer/ Official
(8)	(9)	(10)	(11)	(12)	(13)

Form XL[See clause (g) of sub-rule (1) of Rule 174]Register Of PremiaSeal of Market Committee

1. Name of policy holder

2. Folio No. of Provident Fund ledger

3. Name of Insurance Company

4. Number of Policy

5. Date of maturity of policy

6. Number of instalments in which the annual premia is payable

7. Amount of each instalment of premium

8. Due date (or dates) of payment of instalment (or instalments)

S.No.	Payment	Amount paid Rs. P.	Date of payment	Initials of Audit Officer/Official	Remarks
(1)	(2)	(3)	(4)	(5)	(6)

[Substituted by Notification No. D-15-112-95-XIV-3, dated 12-2-2001.]

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