Section 28 in The M.P. Nationalised Text Books Dealers Registration and Supply Rules, 1963
28. Repeal.
- All rules and regulations issued by the integrating States of Madhya Pradesh, Madhya Bharat, Vindhya Pradesh and Bhopal and all rules issued by the new State of Madhya Pradesh as temporary measure are hereby repealed :Provided that anything done or any action taken under the repealed rules before the coming into force of these rules and is not inconsistent with the provisions of these rules be deemed to have been done or taken under the corresponding provisions of these rules.Annexure 'A'(See Rule 6)Application for Registration as A Text Books DealerTo,The Superintendent, Stationery and Text Books,Madhya Pradesh, GwaliorThroughThe Tahsildar....................Tahsil...........................District.........................Sir,I............offer myself for registration as a Nationalised Text Books Dealer and as such submit hereunder the necessary information for the purpose :-(1)Name of t he dealer in full.........................................(2)Name of i he shop or firm owned by the dealer.......................(3)Address of the dealer in full......................................(4)Years of standing of the shop or firm of the dealer.................(5)Amount invested in the dealer's shop or firm........................(a)Name of Bazar or Mohalla in which the shop is situate...(b)Name of village or Town...................................................(c)Name of Post Office.............................................(d)Name of the nearest Railway Station or Out Agency..............(7)Treasury or Bank through which the Registration Fee of Rs. Twenty-five has been remitted.Name of Treasury or Bank...............Challan No........... Date................DeclarationI have fully and carefully read the Madhya Pradesh Nationalised Text Books Dealers Registration Rules, 1962, and hereby solemnly declare that I myself own the above stated shop or firm purely dealing in the sale of books which is the only business carried out by myself and that I shall undertake to abide by all the terms and conditions contained in the above stated rules together with all the directions that may be issued in this behalf from time to lime by the Superintendent.Date ..............................................Signature of the Dealer.Annexure 'B'(See Rule 10)Original Registration CardRegistration No........Dated..........This is to certify that Shri..........the owner of the.........situate at.............. in ....... village/town [of Tahsil...............] [Strike out the words not required.] district has been registered as dealer for the sale of Nationalised Text Books of Madhya Pradesh Government for above said district for a period commencing from 1st April, 19... to 31st March, 19 under Rule 10 of the Madhya Pradesh Nationalised Text Books Dealer, Registration and Supply Rules, 1963.Gwalior,Dated.............................SuperintendentStationery and Text Books,Madhya Pradesh, Gwalior.Annexure 'C'(See Rule 13)Application for the Renewal of Registration as A Text Books DealerToThe Superintendent, Stationery and Text Books,Madhya Pradesh,GwaliorSir,The undersigned hereby apply for the renewal of his previous [Original/Renewed] [Strike out the words not required.] Registration as a Nationalised Text Books Dealer as required under Rule 13 of the Madhya Pradesh Nationalised Text Books Dealers Registration and Supply Rules, 1963. The Original/Renewed Registration Card No......... dated......... is enclosed for doing needful in the matter. The original challan No......... dated......... for a sum of Rupees Ten in respect of renewal fee is enclosed herewith.Dated..........Signature of the dealer..........Address in full.............Annexure 'D'(See Rule 13)Renewed Registration CardRenewed Registration No.......Dated.......This is to certify that the [Original/Renewed] [Strike out the words not required.] Registration of Shri...........the owner of the........... situate at.......... in ............. [Village/Town] [Strike out the words not required.] or Tahsil................... district for the sale of Nationalised Text Books of the Madhya Pradesh Government in the above said district has been renewed for a period of one year commencing from 1st April, 19... to 31st March, 19........ under Rule 14 of the Madhya Pradesh Nationalised Text Books Dealers Registration and Supply Rules, 1963.Gwalior ...............Dated.............................SuperintendentStationery and Text BooksMadhya Pradesh Gwalior.Appendix 'F'(See Rule 15)AgreementThis agreement is made this ............ day of...... 19.. between the Government of Madhya Pradesh acting through the Superintendent, Stationery' and Text Books, Madhya Pradesh, Gwalior, (hereinafter called the Superintendent, which expression shall include his successors in office) of the one part, and Shri............ son of............... resident of............. (hereinafter called the Registered Dealer which expression shall, unless inconsistent with the subject or context, include the successors, executors, representatives and assigns), of the other parts;Whereas the Superintendent had decided to entrust the Regional Dealer with the sale of Nationalised Text Books in Hindi and Marathi (hereinafter called the Text Books) at the place mentioned hereunder subject to the terms and conditions hereinafter appearing;And whereas, the Registered Dealer has agreed to such entrustment on the said terms and conditions;Now therefore, this Agreement witnesseth and it is hereby agreed as follows :-(1)The Superintendent entrusts with the Registered Dealer the sale of Text Books in the......... district for a period of one year ending on 31st March, 19.....(2)The Registered Dealer shall display at his shop in a conspicuous place a notice-board of Size not less than 2" x 3" indicating in Hindi language the time or timings during which the shop shall be kept open for transaction of business and indicating that the Nationalised Text Books are stocked in his shop for sale. He shall also exhibit in his shop his Registration Card together with the price list of the Text Books.(3)The Registered Dealer shall conduct the sale of the Text Books at his shop himself or through his servants.(4)Issue of Nationalised Text Books. - (a) The dealer shall be entitled to obtain his requirement from Nationalised Text Government Book Depots, named by the Superintendent, Stationery and Text Books, M.P., Gwalior on payment of the amount at 10 per cent discount on the face value of the Nationalised Text Books.(b)No order of a face value of less than Rs. 100 and more than Rs. 3,000 will be accepted.(5)The Registered Dealer shall send his indent of text Books on the prescribed form to the Government Text Books Depot of his district (hereinafter called the Depot) together with the receipted original challan in token having credited under the head of "XLIX-Stationery and Printing-D-Sale of Text Books" the full value of his indent discount on the face value of the indented Text Books.(6)Indent once placed by the Registered Dealer with the Depot shall not be cancelled or altered.(7)In the case of the urgent requirement the Depot shall requisition the required number of copies of any of the Text Books held in stock of the Registered dealer which shall be adjusted, by replacement of the same number of copies of the Text Books in the stock of the Registered Dealer.(8)The Depot shall register indents in the order of their receipt and effect supply to the Registered Dealer according to the registered chronological order as far as practicable.(9)The Depot shall not be bound to supply any indent of the Registered Dealer in full. The supplies of indents shall be regulated according to the availability of stock in hand.(10)All consignment of Text Books meant for Registered Dealers whose place of business is not in the same town as the depot shall be booked by passenger train F.O.R. Railway Station or Out Agency. They may also be sent by regular Bus Service at the exclusive risk and cost of the Registered Dealer. Packing, forwarding charges and Railway freight up to the nearest Railway Station only shall be borne by the Government. The Registered Dealer shall make his own arrangements to obtain delivery of his consignment at his Railway Station or Out Agency or Bus Depot and carry them to his shop or firm at his own expense. In the event of delay in taking delivery of the consignments the Registered Dealer shall bear such demurrage etc. as the railway or transport company may charge by reason thereof.(11)Railway Receipts and Despatch Invoices containing instructions about the procedure regarding obtaining delivery of the consignments etc. shall be sent by the Depot direct to the Registered Dealer under registered cover. The said documents may also be sent to the Registered Dealer at his own risk by Express Delivery against his written request to that effect.(12)The Registered Dealer having his shop or firm in the town where Depot exists, shall receive unpacked supplies of his indents at the counter of the Depot and for which he shall not be entitled to receive any collie or conveyance charge up to his shop.(13)The Registered Dealer whose place of business is not in the same town as the Depot, shall, if he so desires, receive the delivery of his supplies at the counter of his Depot on request to that effect in his indent, but in that case he shall not be entitled to receive any payment in lieu of packing, forwarding, railway freight, collie or conveyance charge.(14)Text Books once sold or supplied shall not be taken back, but defectively printed or bound copies of Text Books, if returned in unused and unspoiled condition by the Registered Dealer to his Depot within a month from the date of their sale or supply shall be replaced by fair ones and both ways transportation charges shall be borne by the Depot.(15)In case of excess supply of Text Books effected inadvertently by the Depot to the Registered Dealer it shall be binding on him either to return such excess supply immediately to his Depot or remit its cost into the Treasury under the Head of account cited above and send the original receipted challan together with the indent covering the excess supply. Transportation charges incurred by the Registered Dealer in returning the excess supply of Text Book shall be borne by the Depot.(16)Every care shall be taken by the Depot in supplying the Text Books and as such all claims for loss or damage in transit shall be made on the carriers by the Registered Dealer and defect in the supplies which is attributable to the negligence by the Registered Dealer within a week from the date of the receipt of the consignment with all necessary references.(17)The Registered Dealer shall sell the Text Books at the price printed on them and not prices higher or lower than those printed on the books. He shall charge actual packing-forwarding and postal charges or freight, if the Text Books sold by him were to be delivered to the customer through post or Rail within the district mentioned above.(18)The Dealer shall not provide any additional cover or binding material to the Text Books and on that account fetch additional price over and above the printed price.(19)The Registered Dealer shall conduct his sale of Text Books from only one shop or bookstall of his own, in the district mentioned above and shall not assign, subject or transfer to any other party any part of his right or interest under this agreement.(20)The Registered Dealer shall have to maintain stock accounts pertaining to the receipts and sale of Text Books and shall submit such reports and returns as the Superintendent may direct to do so from time to time. The dealer's account books shall at all times be open for inspection by the Superintendent or any other officer authorised by him in this behalf.(21)The Officer-in-charge of the Depot shall inspect at any time, the stock, accounts, sale, arrangements etc. of the shop or firm of the Registered Dealer.(22)The Registered Dealer shall not grant or allow under any circumstances a rebate, discount, commission, special terms, or offer any other inducement to any purchaser with a view to persuade him to buy Text Books from his own shop or firm in preference to that of the other Registered Dealer in the district mentioned above.(23)The Superintendent shall cancel or suspend his agreement without assigning any reasons or making good for any loss arising out of such cancellation or suspension and further forfeit the security deposit of the Registered Dealer and take further action that may be deemed fit, if the Registered Dealer shall(a)be in default of any of the terms and conditions imposed on him by agreement or as a result of his registration under Registration Rules, 1963;(b)suspend or delay sale of Text Books to the purchaser in spile of stock available at his shop;(c)not maintain stock of all the Text Books, throughout the period stated in his Registration Card;(d)compel the purchaser to buy any other publications from his stock alongwith the Text Books;(e)sell his purchased stock of Text Books to another Registered Dealer or otherwise without obtaining a written permission to that effect from the Superintendent;(f)refuse to issue a cash memo on demand by the purchaser;(g)make the purchasing public lodge with the Superintendent repeated complaints regarding any difficulty experienced in obtaining Text Books from his shop or firm;(24)The Registered Dealer whose registration is cancelled or suspended shall dispose of the residual stock of Text Books in his possession as per directions issued by the Superintendent.(25)In case the Government discontinue any of the Text Books the residual stock of such unsold, unspoiled and unused Text Books as shall lie in the possession of the Registered Dealer shall be received back by his Depot :Provided the stock of such Text Books is delivered by the Registered Dealer free of all transportation charges whatsoever to his Depot within a fortnight from the date of publication of such discontinuance.(26)The decision of the Superintendent in respect of any matter referred to in this agreement shall be final and binding on the Registered Dealers.(27)The security deposit of Rs. 100 - or such balance thereof as maybe left after making deductions therefrom under the terms hereinbefore contained, shall be refunded to the Registered Dealer after the Superintendent is satisfied that all the terms and conditions of this agreement have been duly performed and observed by the Registered Dealer and that no claim under this agreement remaining enforceable against him.(28)Any sum falling due from the Registered Dealer under this agreement shall be recovered from him as an arrear of land revenue.(29)The Registered Dealer shall bear the stamp duty payable on this agreement.(30)In witness whereof the parties here to have set their hands hereunto on the date and year written in each case.............................Superintendent,Stationery and Text Books, Madhya Pradesh, Gwalior(On behalf of the Governor)Witnesses-(1)....(2)....Signature ..........Full Name...........Dated..........(1).....(2)....Address of the Registered Dealer...................Dated..........Annexure 'E'(See Rule 14)Duplicate Registration CardDuplicate Registration Card No.............Dated......This is to certify that Shri............... the owner of.............. situate at .................. in Village/Town of Tahsil........... District............ the Dealer of Nationalised Text Books of the Madhya Pradesh Government registered in the above said district for a period of one year commencing from the 1st April, 19 , to 31st March. 19....., has been issued this Duplicate Registration Card in lieu of his ["defaced/List" ] [Strike out the words not requires]/[original/renewed] [Strike out the words not requires] Registration Card as he has fulfilled all the requirements of Rule 14, of the Madhya Pradesh Nationalised Text Books Dealers Registration and Supply Rules, 1963.Superintendent, Stationery and Text Books, Madhya Pradesh, GwaliorGwaliorDated.........Annexure 'G'(See Rule 16)Indent From The Registered Text Books Dealers[Not reproduced].
