Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Odisha - Section

Section 7 in The Orissa Kendu Leaves (Control of Trade) Rules, 1962

7. [ Appointment of Agents. [Substituted by O. G. E. No. 529, dated 21.2.1969.]

(1)To appoint agent or agents for a unit or units under Sub-section (1) of Section 8, the Government shall publish a notice in the Official Gazette and in such other manner as they may think fit, giving terms and conditions or agency and inviting applications for such appointments :]Provided that no applications need be invited for appointment of the additional agent referred to under the proviso to Sub-section (1) of Section 8 and such additional agent may be appointed directly by Government subject to such terms and conditions as may be decided by Government, and such additional agent on appointment shall execute an agreement in Form 1.
(2)The application for agency shall be in form E, and shall be submitted to such authority by such date and in such manner as may be specified in the aforesaid notice.
(3)Every such application shall be accompanied by a treasury challan showing cash deposit of Rs. 500 (Five hundred) by the applicant under the head "Earnest Money-Revenue Deposit' in the name of Divisional Forest Officer as advance security deposit. The applicant shall also simultaneously furnish a certificate of solvency for a sum calculate lit the rate of 10 (ten) per bag for the stipulated number of bags for the respective unit granted by a Revenue Officer not below the rank of a Sub-divisional Officer if the agent has landed property at a place wherein the Orissa Public Demands Recovery Act, 1962 is in force, or a Bank Guarantee for equivalent amount.
(4)The Government may accept or reject any application without assigning any reason therefor. The advance security deposit shall be refunded to the applicants whose applications are rejected. The subject to provision under Sub-rule (6), be adjusted against the security deposit required under Sub-rule (7).
(5)If in the opinion of the Government it is not possible to select suitable agents for the purpose out of the persons who have applied for the appointment as agents, the Government may call for fresh applications at any time at their disposal is not sufficient, they may appoint a person or party as agent, who in their opinion is suitable for the work.
(6)On appointment as agent, the person or party so appointed shall execute an agreement in Form G, within fifteen days of the receipt of the order of appointment failing which the appointment shall be liable to be cancelled and on such cancellation either whole or part of the advance security deposit, as the State Government may deem fit shall be forfeited.
(7)
(a)The agent so appointed for a particular unit shall, before signing the agreement, deposit as security for the proper execution and performance of agency in accordance with the terms and conditions of the agreement and the provisions of the Act and these Rules a sum to be calculated as under-
X - Purchase rate per standard bag accepted by the Government for the unit.Y - Cost of collection per standard bag fixed for the unit. Z-Number of standard bags of Kendu leaves mentioned against the unit in notice under Sub-rule (1).A - Security deposit.
A =| 5Z (X - Y)100
i.e. five per cent of the difference between the aforesaid purchase rate per bag and the aforesaid cost collection per bag multiplied by the aforesaid number of bags.The security shall, either wholly or in part, as the case may be, be adjusted by the Divisional Forest Officer towards the recovery of the penalty, if any, for short collection of leaves compensation; damages or any other dues which may be recoverable under the provisions or the agreement, Rule and the Act and shall such deductions shall have to be made good by the agent by the deposit of an equivalent amount within fifteen days of the receipt of the notice to that effect.
(c)If the dues to be recovered exceed the amount of the security deposit, the amount from, in excess shall, unless made good within fifteen days from the date of the Divisional Forest Officer's notice to that effect, be recoverable as arrear of land revenue.
(d)The security or the balance, as the case may be, shall be, refunded to the agent after the expiry of the agency.
(8)The agent shall maintain such registers and accounts as may from time to time be directed by Government. He shall also submit to the Divisional Forest Officer such returns and such intervals as may from time to time be directed by Government.
(9)The agent shall furnish a list of persons employed by him within the unit immediately as and when employment is made and all such persons as are objected to by the Divisional Forest Officer shall be, forthwith, removed from employment by the agent.
(10)[* * *] [Deleted by S. H. O. No. 7572/D. 5.2.1972.]