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State of Goa - Section

Section 109 in The Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010

109. Repeal and saving.

(1)The Goa Agricultural Produce Marketing (Regulation) Rules, 1969 are hereby repealed.
(2)Notwithstanding such repeal anything done or any action taken shall be deemed to have been done or taken under the corresponding provisions of these rules.Form A[See rule 15(2)]Form of Nomination to be filed for Contesting the Election of the Goa State Agricultural Marketing Board by the Candidate(To be filled by the proposer)I hereby nominate .................................................................... as a candidate for election from the ...................................................................................................... Constituency.
(1) Name of the Constituency :
(2) Full name of Candidate :
(3) Father's/husband's name :
(4) Age :
(5) Sex :
(6) Community :
(7) Occupation and address :
(8) Full name of Proposer :
(9) Serial Number of the proposer in the list of voters :
(10) Signature of the Proposer :
Declaration by the CandidateI hereby declare my willingness to serve as a member of the Marketing Board if I am elected.Date:Place:Signature of CandidateDeclaration as to choice of symbolI do hereby declare that the symbol which I have chosen for my elections are shown below in the order of my preference:-
(1)
(2)
(3)Signature of CandidateSerial No. of Nomination paper .....................................................This nomination paper was delivered to me at my office at ................................... (time) on ........... (date) by the
............................| [Candidate] [Strike off if necessary.][Proposer of the Candidate] [Strike off if necessary.]
Date:Place:Signature of the Returning OfficerDecision of the Returning Officer accepting or rejecting the nomination paperI have examined that this nomination paper is in accordance with rule 16 of the Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010 and decide as follows:Date:Place:Signature of the Election/Returning OfficerReceipt for Nomination paper and notice of scrutiny(To be handed over to the persons presenting the nomination paper)Serial No. of Nomination paper ..........................The nomination paper of ......................... a candidate for election from the ...... constituency of ............. the Goa State Agricultural Marketing Board was delivered to me at my office at {||-| .............(time) on ...........(date) by the .........................| [Candidate] [Strike off if necessary.][Proposer of the Candidate] [Strike off if necessary.]|}All nomination papers will be taken up for scrutiny at ......... (time) on ..... (date) at ....... (place).Date:Signature of the Returning OfficerForm B[See rule 24(1)]List of Contesting CandidatesElection to the Goa State Agricultural Marketing Board from ............. Constituency.
Serial No. Name of the Candidate Address of candidate   Symbol allotted to the candidate
(1)      
(2)      
(3)      
(4)      
Etc.      
Place : ......................Date : ........................Signature of the Returning OfficerForm C[See rule 26(1)][Appointment of Polling Agent] [To be handed over to the polling agent for production at the polling station or at the place fixed for poll.]Election to the [..............................................] [[Here insert one of the following alternatives as may be appropriate:-
(1)Agriculturist Constituency.
(2)Trader's Constituency.]], I ................................................... a candidate at the above election do hereby appoint ........................................... of ........................................... as a polling agent to attend polling station No. ................................. fixed for the poll on .................................... at ............................................. place ...................................Date:Signature of CandidateI agree to act as such polling agent.Place:Date:Signature of Polling AgentDeclaration of Polling Agent to be signed before Presiding OfficerI hereby declare that at the above election, I will not do anything forbidden by the Act and Rules made thereunder, which I have read/has been read over to me.
Date:Signed before me. Signature of Polling Agent
Date: Presiding Officer
Form D[See rule 32(1)]Form of Voting/Ballot PaperCounterfoilFoilVoting paper No.
Votingpaper Serial No. Candidate's Name Candidate's Symbol Voters mark
Voter'sNo.on the listof voters (1)(2)(3)(4)(5)      
Please read this carefully before recording your vote(s).
(1)You have .................................. vote(s).
(2)Each vote is to be shown by cross mark "X".
(3)You are not to give more than one vote to any one candidate.Form E[See rule 38 (2)]Tendered Votes ListElection to the Goa State Agricultural Marketing Board ..................................................... Constituency.Polling Station .................................................................... Number of Polling Station, if any ......................................................................
Serial No. of the entry Name of the voter Serial No. of the Voter in the list of voters Address of the voter Serial No. of tendered ballot paper Serial No. of ballot paper issued to the personwho has already voted Signature or thumb impression of the voter
(1) (2) (3) (4) (5) (6) (7)
             
Date:Signature of the Presiding OfficerForm F[See rule 41]Ballot Paper AccountElection to the Goa State Agricultural Marketing Board for ................. Constituency.Polling Station ...................
      Serial No. Total No.
(1) Number of ballot papers received by the Presiding Officer atthe Polling Station or if the Polling Station has more than onebooth at each booth      
(2) Number of ballot papers issued to voters      
(3) Number of unused ballot papers returned      
(4) Number of ballot papers cancelled      
(5) Number of tendered ballot papers used      
(6) Number of ballot papers in ballot boxes      
Date:Signature of the Presiding OfficerNote: If a Polling station has more than one polling booth, separate account in this form shall be attached to this account in respect of each such polling booth.Form G[See rule 48 (3) and 51]Result SheetElection to the Goa State Agricultural Marketing Board ................... from the ........................Constituency.
Polling Station   Number of valid votes casted in favour   Number of Number of Votes Remarks
Serial No. Name   A B C D Etc.   Valid Rejected Votes Total Votes Tendered votes for Polling Station
             
Total Number of Votes Recorded at Polling Station...........................................................Place:Date:Returning OfficerForm H[See rule 53]Form of Return of ElectionThe Goa State Agricultural Marketing Board.Election for ........................ Constituency........... 20 ..............
Serial No. Name of Candidate Number of valid votes given for the candidate
(1)    
(2)    
(3)    
(4)    
Etc.    
Total number of valid votes.....................Total number of invalid votes......................Total number of tendered votes.....................Declare thatName :Address:has been duly elected.Dated ................ day of ............. 20 ...........Signature of Returning OfficerForm I[See rule 67(1)]Application for Registration as Contract Farming SponsorTo,The Goa State Agricultural Marketing Board,Margao Main Yard,Arlem, Raia, Salcete-Goa. 403720.Sir,I/We ................................................................................................................... (Name) (Address) (Phone No.) ....................................................................... Registered as Contract Farming Sponsor for the period from ............................... to ................................, i.e. .................................... years. I/We want the Registration for ...................................... District (s)/Whole State.Alongwith this application I am enclosing the following documents:
(I)Solvency certificate.
(II)Bank Guarantee.
(III)Details of Registration Documents of Company/Partnership Firm/Non-Governmental Organizations/Co-operative Society/Governmental Organization etc. and names and addresses of directors and partners etc.
(IV)Details of agricultural produce coming under the contract.
(V)Copy of challan by which fees of rupees five hundred per year per district has been paid in Government Treasury.
(VI)Income tax returns.
Signature of the ApplicantForm J[See rule 67(2)]Register of Contract Farming Sponsor
Serial No. Name and Address of Applicant Date of Receipt of Application Registration fee (Rs.) District(s) for which Registration is granted Period for which Registration is granted No. and Date of issue of Registration Signature Remarks
                 
Form K[See rule 67(2)]CertificateRegistration of Contract Farming SponsorTo,The ApplicantSub.:- Registration as Contract farming sponsor in the District(s)/Whole State.Sir,With reference to your application No. .................... dated ........................ on above cited subject, it is informed that your application for Registration has been accepted and registered with Registration No. ............................. and ................................ .The Registration is for the period ............................... to .................. for operating in the following District of the State: ...................................The condition of Registration is given below:-
(1)The Registration holder shall comply with the provision of the Act, Rules and instructions issued in this behalf.
(2)The Registration holder shall comply with the terms and conditions given in the contract.Signature of the Registering Authority.Date:Place:Form L[See rule 68]Agreement for Contract FarmingThis Agreement is made and entered into at ................................, on this .......................... day of ........................., 2010, between ......................., aged ........................ years, residing at ......................................................................................., (hereinafter called as the "Party of the First Part" which expression shall unless repugnant to the context or meaning thereof mean and include his heirs, executors, administrators and assigns) of the One Part, and M/s. ....................................................................... a Company incorporated under the provisions of the Companies Act, 1956 (Act 1 of 1956) and having its registered office at .................................................... hereinafter called "Party of the Second Part" (which expression shall unless repugnant to the context or meaning thereof mean and include it's successors and assigns) of the Other Part.Whereas, the Party of the First Part is the owner/cultivator of the below mentioned agricultural land.
Village Survey No. Area in Hectare Taluka District State
           
And Whereas, the Party of the Second Part is trading agricultural produce and also providing technical know-how in respect of land preparation, nursery, fertilization, pest management, irrigation, harvesting and alike things;And Whereas the Party of the Second Part is interested in the agricultural produce more particularly mentioned in Schedule-I hereinafter mentioned;And Whereas at the request of the Party of the Second Part, Party of the First Part hereby agrees to cultivate and produce the items of agricultural produce mentioned in the Schedule hereinafter mentioned on the terms and conditions hereinafter seat forth.Now, Therefore These Presents Withnessth And It Is Hereby Mutually Agreed By And Between The Parties Hereto As Follows:-
(1)The Party of the First Part agrees to cultivate, produce and deliver to the Party of the Second Part and the Party of the Second Part agrees to buy from the Party of the First Part the agricultural produce more particularly described in the Schedule hereinafter mentioned.
(2)The agricultural produce mentioned in the Schedule shall be supplied by the Party of the First Part to the Party of the Second Part within the period of ....................... months/years from the date of execution of this Agreement.
(3)It is expressly agreed between the parties hereto that this Agreement shall remain in force for a period of ..................... months/years and after the expiration of said period, this agreement shall automatically come to an end.
(4)The Party of the First Part agrees to cultivate, produce and supply quantity mentioned in the Schedule hereto annexed to the Party of the Second Part.
(5)The Party of the First Part agrees to supply the quantity contracted according to quality specifications stipulated in Schedule. However, if the agricultural produce is not as per the agreed quality standards, the Party of the Second Part may refuse to take the delivery of such agricultural produce.
(6)In the event of Party of the Second Part refuses/fails to take the delivery of the agricultural produce for his own reasons then the Party of the First Part shall be free to sell the same in the market and if the price received is lower than the contracted price, the Party of the Second Part shall pay the said difference in price to the Party of the First Part within a period of ........................... days.
(7)The Party of the first part agrees to adopt instructions/practices in respect of Land preparation, fertilization, pest management, irrigation, harvesting and any other, as suggested by the Party of the Second Part from time to time and cultivate and produce the items as per specification mentioned in the Schedule hereto. The Party to the Second Part agrees to impart training/skill up gradation to the Party of the First part, provide written materials in local language indicating methods and practices required to produce the commodity as per contracted quality and norm and provide quality extension service through trained and qualified personnel and other services as provided in clause (9) to enable the Party of the First Part to carry out production of agricultural produce efficiently and as specified in the Schedule hereto.
(8)It is expressly agreed by and between the parties hereto that buying will be as per the following terms and buying slips will be issued immediately after the purchase.
Date Delivery Point Cost of Delivery
     
It is further agreed that it will be the responsibility of the Party of the Second Part to take into possession agricultural produce at the delivery point agreed hereinafter it is offered for delivery and if he fails to take delivery within ............................ time/period then the Party of the First Part shall be free to sell the agricultural produce,-
(a)in the open market (bulk buyer viz. exporter/processor/manufacturer/etc.), and if he gets a price less than the price contracted, he will pay to the Party of the Second Part for his investment proportionately less.
(b)in the market yard and if the price obtain is less than the contracted price then he will return proportionately less to the party of the Second part for his investment. It is further agreed that the quality maintenance in transit will be the responsibility of the Party of the Second Part and the Party of the First Part shall not be responsible or liable for the same.
(9)The Party of the Second Part shall pay to the Party of the First Part the price/rate mentioned in Schedule when his crop has been harvested and delivered to the Party of the Second Part after deducting all outstanding advances given to the Party of the First Part by the Party of the Second Part. The payment shall be made in the following manner:-
Date Mode of payment Place of payment
     
(10)The Party of the Second Part shall provide necessary information and facilitate insurance to the Party of the First Part of the agricultural produce mentioned in Schedule hereto, for the period of __________against the risk of loss due to acts of God, destruction's of specified assets, loan default, production and income loss and all other acts or events beyond the control of the parties, such as, very low production caused by the serious outbreak of a disease, epidemic or by abnormal weather condition, floods, drought, hailstorm, cyclone, earthquake, fire or other catastrophes, war, acts of Government, action existing on or after the effective date of this agreement which prevent totally or partially the fulfilment of the obligation of the Party. Upon request, the Party of the First Part invoking such acts shall provide to the other Party confirmation of the existence of facts. Such evidence shall consist of a statement of certificate of the appropriate Government Department. Alternatively, subject to the mutual agreement between the two Parties, the Party of the First Part may fill his quota of the agricultural produce through other sources and the loss suffered by him thereby due to price difference, shall be shared equally between the Parties, after taking into account the amount recovered from the insurance company. The insurance premium shall be shared equally by both the Parties.
(11)The Party of the Second Part hereby agrees to provide following services to the Party of the First Part during the period of cultivation and post harvest management, particulars of which services are as follows:
(1)
(2)
(3)
(12)The Party of the Second Part or it's representatives agrees to have regular interactions with the farmers forum set up/named by the Party of the First Part during the period of contract.
(13)The Party of the Second Part or it's representative at their costs shall have the right to enter the premises/field of the party of the First Part to monitor farming practices adopted and the quality of the produce from time to time.
(14)The Party of the Second Part confirms that he has registered himself with the Sponsor Registering Authority ....................................... on ......................... and shall pay the fees in accordance with the law prevailing in this regard to the Sponsor Registered Authority which has jurisdiction to regulate the marketing of agriculture produce which is cultivated on the land described .................................
(15)The Party of the Second Part will have no rights whatsoever as to the title, ownership, possession of the land/property of the Party of the First Part nor will it in any way alienate the party of the First Part from the land property particularly mortgage, lease, sub-lease or transfer the land property of the Party of the First Part in any way to any other person/institution.
(16)The Party of the Second Part shall submit true copy of this Agreement signed by both the parties, within a period of 15 days from the date of execution hereof, to the ............................. authority prescribed for the purpose.
(17)In the event of breach of the terms and conditions of this Agreement by either party, the aggrieved party may send a notice to the other party to rectify the breach. If breach is not rectified within a period of fifteen days from the date of receipt of notice, the aggrieved party may terminate this Agreement.
(18)Exact the provision as contained under clause (17) Termination/Cancellation of the Agreement will be with consent of both the parties. Such termination/cancellation deed will be communicated to the registering authority within 15 days of such termination/cancellation.
(19)In the event of dispute or difference arising between the parties hereto or as to the rights and obligations under this Agreement or as to any claim, monetary or otherwise of one party against the other or as to the interpretation and effect of any terms and conditions of this Agreement, such dispute or difference shall be referred to Dispute Settlement Authority appointed under rule 69 of the Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010.
(20)In case of change of address of any party to this Agreement, it should be intimated to the other party and also to the Agreement Registering Authority.
(21)Each party hereto will act in good faith diligently and honestly with the other in the performance of his responsibilities under this Agreement and nothing will be done to jeopardize the interest of the other.