THE ANDHRA PRADESH (AGRICULTURAL

PRODUCE AND LIVESTOCK)

MARKETS RULES 1969

[G.O.Ms.No. 1900, Food and Agriculture (Legislation), 17lh October, Un­published in Issue No. 27 of R.S. to Part II — Extraordinary of the Andhra Pradesh Gazette, dated 21-10-1969]

In exercise of Ihe powers conferred by section 33 of the Andhra Pradesh (Agricultural Produce and Livestock), Markets Act, 3 966 (Act 16 of 1966), and in supersession of all the rules on the subject made under the Acts repealed by section 36 of the said Act, ihe Governor of Andhra Pradesh hereby makes ihe following rules, the same having been previously published at pages 460-578 of ihe Rules Supplement hi Part II (19) of the Andhra Pradesh Gazette, dated the 23rd November, 1967 as required by sub-section (4) of section 33 of the said Act.

RULES

CHAPTER I - PRELIMINARY

1.     Short title, extent and commencement: (1) These Rules may be called the Andhra Pradesh (Agricultural Produce and Livestock) Markets Rules, 1969.            

(2)       They shall extend to the whole of the State of Andhra Pradesh.

(3)                They shall come into force at once.

2.     Definitions: In these rules, unless the context otherwise requires:

(i)    'Act'  means  the  Andhra Pradesh (Agricultural  Produce  and Livestock) Markets Act, 1966;

(ii) 'amanat patti' means a storage slip or voucher wherein a commission agent records the entries of a notified agricultural produce or product of livestock stored or kept with him by a seller and amount of money, if any, advanced by him to the seller on the pledge of such notified commodity;

(iii) 'Assistant Director of Marketing' means the Assistant Director of Marketing in whose jurisdiction the notified area of the market committee is situated;

(iv) 'broker' means an agent whose ordinary course of business is to negotiate and make contracts on payments of brokerage for purchase or sale of notified agricultural produce or livestock or products of livestock on behalf of his principal but does not include a servant of such principal whether engaged in negotiating or making such contracts;

(v) 'bye-law' means a bye-law made by a market committee or by the Director

(vi) 'Chungdi' means the residue of a lot of a notified commodity which is left over alter weighing such lot in units of weighment; and which form a fraction of a unit of weighment;

(vii) 'Collector' means the Collector of the District in which notified area of the market committee is situated;

(viii) ‘Commission agent' means a person who, on behalf of another person and in consideration of a commission makes or offers to make a purchase or sale of any agricultural produce, livestock or products of livestock or docs or offers to do anything necessary for completing or carrying out such purchase or sale and includes "adatya".

(ix)  'Director’ means the Director of Marketing,

(x) 'emoluments' means pay, leave salary, subsistence grant or allowances classed as pay in the rules or regulations applicable to the officers and employees of the market committee;

(xi)  'Family' means :-

(a)    in the case of a male subscriber to the provident fund, 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 she belongs, to be entitled to maintenance, she shall henceforth be deemed to he no longer a member of the subscriber's family in matters to which these rules relate unless, the subscriber subsequently indicates by express notice in writing to the Secretary that she shall continue to be so regarded; and

(b)   in the case of a female subscriber to the provident fund, the husband, 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 Secretary expresses her desire 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;

Explanation: For the purpose of this clause :-     

(1)                'Children' means legitimate children;

(2)                an adopted child shall be considered to be a child when the
Secretary is satisfied that under the personal law of the subscriber,
adoption is legally recognised;

(xii) 'Form' means a form appended to these rules;

(xiii)'Hamal means a person licensed by a market committee to render service on wages in handling of a notified commodity in the market and includes woman labourer;

(xiv)'Leave’ means any kind of leave recognised by the rules or regulations applicable to the officers and employees of Market Committee;

(xv) 'Market Engineer' means an Engineer not below the rank of an Assistant Engineer of the Marketing Department, Public Works Department,; Roads and Buildings Department or Public Health Department having jurisdiction over the notified area of the market committee;

(xvi)'Notified commodity' means a notified agricultural produce or a notified product of livestock or both;

(xvii) 'Office of the Market Committee' means the place where the headquarters of the market committee is located;

(xviii) 'Polling Officer' means an officer of the Marketing Department appointed under rule 13 by the Election Officer, to conduct elections of the persons licensed under sub-section (1) of section 7;

(xix)'Processing' means powdering, crushing, decorticating, dehusking. parboiling, polishing, ginning, pressing, curing or any other treatment to which an agricultural produce or products of livestock is subjected to before final consumption;

(xx) 'Secretary' means the Secretary of the market committee;

(xxi) 'Section' means a section of the Act;


(xxii) 'Takpatti' means a voucher wherein any commission agent
records, the entries of the notified agricultural produce, livestock
and products, of livestock sold through him and the sale proceeds
paid to the seller;
                                                                 

(xxiii) 'Trader' means a person ordinarily engaged in the business of

buying and selling of notified agricultural produce, livestock or

products of livestock as a principal or as a duly authorised agent of

one or more principals and includes a person ordinarily engaged in

the business of processing of notified agricultural produce, or

    products of livestock;

(xxiv)    'Warehouseman’ means a person who arranges for the storage

of any notified commodity: i

(xxv)   'Weighman'   means   a  person  who   weights   or   counts   a

consignment of the notified agricultural produce, livestock, or products of livestock:

 

(xxvi) 'Year' means the financial year.

CHAPTER-II

PUBLICATION, ETC., OF NOTIFICATIONS RELATING TO NOTIFIED AREAS

3.     Manner of Publication of Notifications — (1) Every notification under section 3 declaring a notified area or excluding therefrom or including therein any area shall be published in the Andhra Pradesh Gazette.

(2)   Copies of such notification may be —

(a)      published in the Village Supplement of the District Gazette, if any,
in the district concerned;

(b)      displayed, by affixture in a consipicuous position, in the office of
the Municipality, Zilla Parishad, Panchayat Samithi, and Gram
Panchayat, and the Village Chavadi of the village within whose
jurisdiction the area specified in such notification or any part
thereof is situated.

(3)   No notification under section 3 published in the Andhra Pradesh
Gazette, shall be deemed to be invalid by reason only of the fact that copies
thereof have not been published or displayed as provided in sub-rule (2).

4.     Copy of Act, Rules and Bye-laws to be kept: The market committee shall keep a copy of the Act, and of the rules and notifications made or issued there under and of its bye-laws open to inspection at its office, free of charge.


CHAPTER - III

THE COMPOSITION OF AND ELECTIONS TO MARKET

COMMITTEE

5. Composition of Market Committee: 1[(1) Every Market Committee shall consist of fourteen members and shall be constituted by the Government by notification in the following manner:-

(i)    Eight members to be appointed by the Government in consultation with the Director of Marketing from among the following categories of growers of agricultural produce, owners of livestock and products of livestock in the notified area namely:-

(a)                growers of agricultural produce who are small farmers:           

(b)                growers of agricultural produce other than small farmers;

(c)                owners of livestock and products of livestock.

Provided that there shall atleast be three members from among persons belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, Minorities and Women:

Provided further that there shall be atleast two members representing the category of small farmers:

(ii) One member to be appointed by the Government from among the
Presidents or persons in charge, if nay, for the time being
performing the functions of primary Agricultural Co-operative
Societies or the Co-operative Marketing Societies having areas of
operation within the notified area:
                   

(iii) The Assistant Director of Agricultural or Assistant Director of Horticulture or Assistant Director of Animal Husbandry or Assistant Director of Fisheries having jurisdiction over the notified area or any other officer nominated in this behalf by the concerned Head of Department.

(iv) Chairperson of the Municipality or the Sarpanch of the Gram panchayat, as the case may be, in whose jurisdiction the office of the Market Committee is located:

Provided that in the case of a Municipal Corporation constituted under any law relating to time being in force in the State, one person as may be nominated by the Corporation shall represent the


Corporation in the Agricultural Market Committee concerned where a notified area comprises the Corporation also.

(v) Two members to he appointed by the Government in consultation with the Director of Marketing from among the licenced traders in the notified area of whom one shall be a small trader:

(vi) The Assistant Director of Marketing having jurisdiction over the notified area or any other officer nominated in this behalf by the Director of Marketing!.

1(2) Within 30 days from the date of receipt of requisition from the Director or the Officer authorised by him in this behalf, the Deputy Registrar of Co-operative Societies having jurisdiction over the notified area of the market committee shall furnish a list of the names of the Presidents and the persons if any, for the time being performing the functions of the Presidents of the Co-operative Marketing Societies having their areas of operation within the notified area;

(3) (a) The Assistant Director of Marketing concerned shall furnish the name of Chairman of the Municipality or Sarpanch of the Gram Panchayat, as the case may be, within whose jurisdiction the office of the market committee is located, within 30 days of the requisition of the Director of Marketing.

(b) The Municipal Corporation of Hyderabad shall communicate the name of its representative as may be nominated by the Corporation within 45 days from the date of requisition sent to the Commissioner,   Municipal   Corporation   by  the  Director  of

Marketing,]

2[6. to 22. x x x x x]

23. Handling over charge to new Chairman or Vice-Chairman by the outgoing Chairman or Vice-Chairman –

(1) On the 3 [appointment] of a new Chairman, the outgoing Chairman or Vice-Chairman in whose place the new Chairman or Vice-Chairman has been [appointed] shall forthwith hand-over charge of Ms office to such new Chairman or Vice-Chairman, as the case may be.


(2) If the outgoing Chairman or Vice-Chairman fails or refuses to handover charge of his office as required under sub-rule (1), the Director or any officer empowered by the Director in this behalf may, by order, in writing direct the Chairman or Vice-Chairman, as the case may be, to handover charge of his office and all records and property of the market committee forthwith, if any, in his possession as such Chairman or Vice-Chairman, to the new Chairman or Vice-Chairman.

24.   Resignation of office by Chairman or Vice-Chairman - The

Chairman or Vice-Chairman may resign his office as such Chairman or Vice-Chairman by giving notice in writing to the market committee. Except in a case where the person resigning delivers the notice of resignation personally to the Secretary, the Secretary shall on receipt of notice of resignation obtain confirmation from the person concerned as to its genuineness. A resignation delivered personally or confirmed as aforesaid shall take effect on and from the date on which the notice is placed before the market committee.

25.   Resignation or removal of a member of a Market Committee -

fl) Any member other than the Chairman or Vice-Chairman may resign his office by giving notice to the Chairman and such resignation shall take effect on the date on which it is received by the Chairman, Such resignation of the member accepted by the Chairman shall be brought to the notice of the Director of Marketing immediately and the Market Committee in its next meeting.

(2) Any member of a Market Committee may be removed by the Government -

(a)                if he acts in a manner which in the opinion of the Government is
prejudicial to the working of the market committee, or

(b)                if he is convicted by a Court of Law for any one or more offences
under the Act or any other Act or the rules or bye-laws made
thereunder unless a period of three years has elapsed from the dale
of expiry of such conviction, or

(c)                if he becomes of unsound mind and stands so declared by a
competent court, or

(d)                if he is employed as a paid legal practitioner on behalf of the market
committee or as legal practitioner against the market committee or
as an officer or servant under the Act.

Explanation: For the purpose of this sub-rule a member of a market committee shall be considered by the Government to have acted in a manner, prejudicial to the working of the market committee, if on the receipt of a


report from the Chairman through the Director supported by such evidence, if any, as may be produced, the Government are satisfied that -

(i)   he openly or secretly organised some or all traders against their assemblage at the competitive auctions of the notified agricultural produce, livestock or products of livestock with a view to depress the market prices thereby forcing the sellers to part with their commodities at lower prices; or.

(ii)   he himself persuaded or organised others to persuade the sellers to sell their notified agricultural produce, livestock or products of livestock in his premises or premises belonging to others without the channel of the market with a view to earning, without the notice or knowledge of the market committee, for himself and others in whose premises the sales are to take place unauthorised allowances from such sales, or

(iii) he himself or in collusion with others wilfully disobeys or refuses to carry out, the provisions of the Act and of the rules or the bye-laws made thereunder which regulate the payment of licence fees,market fees or any other fees or refuses to pay any arrears of amount due to the market committee or sale proceeds of the notified commodities due to a seller or commission agent with a view to deprive the market committee of its financial resources or with a view to force the sellers or commission agents to bargain with the sellers to the latter's advantage.

(iv)  he himself or in connivance with others organises strikes or helps the organisation of strikes by weighmen, hamals, motor lorry drivers, cartmen, or other functionaries of the market for gaining higher emoluments or any other concessions from the market committee, buyers, sellers or commission agents.

(3)         (i)    The Government shall, before taking action under sub-rule

 (2)  issue a notice calling upon the member of the market committee concerned to show cause within such time as may be specified therein, not being less than seven days from the service thereof, why he should not be removed as a member of the market committee and consider his reply thereto, if any, received from the member before the expiry of the time specified in the notice.,

(ii) The Government shall also send a copy of the notice referred to in clause (i) to the market committee concerned for information.


CHAPTER - IV

POWERS AND FUNCTIONS OF THE MARKET

COMMITTEE ETC., AND THE CONDUCT OF BUSINESS

AT ITS MEETINGS ETC.

26. Control of Market - (1) (a) The Market Committee shall have absolute control over the market and subject to these rules and to the orders of the Government and to such control as is by these rules or by any other law invested in the Director, District Collector or the Government, shall manage its affairs having due regard always to the convenience and best interests of the trade in the notified agricultural produce, livestock or products of livestock.

(b) For exercising the above control effectively, the market committee shall entrust the management of each market to the Assistant Secretary, if any appointed or to the Supervisor, if no such Assistant Secretary is appointed. The Assistant Secretary or the Supervisor, as the case may be, shall manage the market under the direct supervision of the Secretary.

(2)       The market shall be open for trading at such hours as the market
committee may, from time to time, fix.

(3)       Carts,   vehicles and animals  intended  to  transport  notified
commodities shall be kept or allowed to remain at such stands or places and
for such lime, as may be earmarked by the market committee.

(4)       The notified agricultural produce, livestock or products of livestock
intended for sale shall be exhibited at such places and in such manner and at
such times as may be permitted by the market committee.

(5)       The ingress and egress in the market area shall be permitted to such
persons and at such times as the market committee may deem proper;

Provided that no person licenced under the Act shall be prevented from entering the market during any time, when it is open to the public.

27.   Powers and duties of market committees - The market committee shall --

(i) implement the provisions of the Act and of the rules and bye-laws made thereunder in the market area;

(ii) implement the directions given by the Government from time to  time, in the establishment and development of markets;

 

(iii) maintain and manage the market yards;

(iv) provide necessary facilities for the marketing of notified agricultural produce, livestock or products of livestock in the market area;

(v)   supervise the conduct of the market functionaries;

(vi) regulate the opening, closing and suspending of transactions in a  market yard;

(vii) enforce the conditions of a licence;

(viii) regulate the making, execution and enforcement or cancellation of  agreements of sales, the weighment, delivery, payment and all other matters relating to the marketing of notified agricultural produce, livestock or products of livestock;

(ix) provide for the settlement of all disputes between the seller and the buyer and others arising out of any kind of transaction connected " with the marketing of a notified agricultural produce, livestock or products of livestock and all matters ancilliary thereto;

(x)   collect, maintain and disseminate information in respect of -

(a)   sale-prices  and  movement of notified  agricultural produce,

    livestock or products of livestock; and

(b)   production, processing and storage of notified commodities;

    (xi) take all possible steps to prevent adulteration and to promote        grading and standardization of no tilled commodities:

    (xii) levy, recover and receive fees, subscriptions and other sums of money to which the market committee is entitled;

    (xiii)employ necessary number of officers and servants for the efficient implementation of the provisions of the Act and of the rules or bye-laws made thereunder;

(xiv)conduct the auction of notified agricultural produce, livestock or products of livestock strictly in accordance with the procedure laid down therefore under these rules or the bye-laws of the market committee;

(xv) ensure correct weighment of notified commodities;

(xvi) regulate the entry of persons and the vehicular traffic into the market yard;

 

(xvii) prosecute persons for violating the provisions of the Act or of the rules and the bye-laws made thereunder;

(xviii) acquire, hold and dispose of any movable or immovable property for the purpose of efficiently carrying out its duties;

(xix) institute or defend any suit, action, proceeding, application or arbitration and compromise any such suit, action, proceeding, application or arbitration;

(xx) provide facilities, such as provision of adequate space for direct sales by a producer and assist a producer by preparing invoices and bills on his behalf when he sells his produce to a trader without employing a commission agent.

28.   Powers and duties of Chairman and Vice-Chairman

(1) The Chairman of the Market Committee shall be the Chief Controlling and
supervising authority of the market committee. All officers and servants of the
market committee shall, subject to the provisions of the Act and of the rules
and bye-laws and to the directions, if any given by the market committee, be
subject to his control.         .          

(2)   The Chairman shall -

(a)       preside over the meetings of the market committee and of every
sub-committee thereof and conduct business at such meetings;

(b)       control the financial and executive administration of the market
committee;

(c)       exercise general supervision and control over the officers and
servants employed in connection with the affairs of the market
committee (whether such officers or servants are Government
servants or not);

(d)                in case of emergency, direct the execution or stoppage of any work
or the doing of any act which requires the sanction of the market
committee.

(3)    The Vice-Chairman shall --

(a)                in the absence of the Chairman, preside over the meetings of the
market committee;

(b)       exercise such powers and perform such duties of the Chairman as
the Chairman may. from time to time, delegate to him; and

(c)   exercise the powers and perform the duties of the Chairman during
the absence of the Chairman on account of a vacancy in the office
of the Chairman or otherwise.


(4) In the absence of froth the Chairman and Vice-Chairman, the member elected by the meeting shall preside over such meeting of the market committee.

29.  Quorum for a meeting of market committee: l[The quorum for a meeting of the market committee shall be 8 members.

Provided that the quorum for the adjourned meeting shall be 4 members and at such a meeting only such specific items of agenda as have been circulated to members for discussion in the meeting called earlier shall be

disposed off.]

30.  Minute Book, etc. -- U)   A minute book shall be kept by the
market committee for permanent record and a record of the proceedings of
every meeting shall be entered therein by the Secretary under the supervision
of the Chairman or the member presiding over the meeting and shall be
signed both by the Chairman or the member presiding and the Secretary. It
shall be open for inspection during the office hours of the market committee
by members thereof and also by the Director, and any other officer authorised
by him in this behalf. It shall not be treated as a public document and copies
of" the record of proceedings of any meeting entered therein shall be supplied
by the Chairman to a person when so required by an order of a Court or on
application made to me Chairman in this behalf, after collecting the necessary
fees fixed therefor in its bye-laws.

(2) Copies of the agenda and of resolutions of the meeting shall be sent lo all members of the market committee, the Director and the Assistant Director concerned. On a requisition made in this behalf, a copy of the resolutions passed at a meeting shall also be sent to the Officers of the other

departments who have attended such meeting.

2[31. Duties and powers of Secretary -

(1) The Secretary shall be the Executive Officer of the Committee. All employees of the Committee shall be under Ms control, and all orders issued to them shall pass through him. He shall be competent to pass orders with regard to their posting in the principal market yard and sub-market yards, (except in the case of Assistant Secretaries) according to the requirements of the Committee and to grant casual leave to such employees.


(2)       The Secretary shall work under the control of the Chairman.

(3)                The Secretary shall attend all meetings of the Committee or sub-
committee or a Joint Committee or an adhoc committee, except a
meeting wherein anything, pertaining to him or any of his relatives
is to be considered.                                                                    :

Explanation: "Relative", for the purpose of this sub-rule, shall mean:

(a)    father, mother, sun, daughter, brother and sister of the Secretary;

 

(b)       brother and sister of the father of the Secretary; and

(c)                father, mother, son. daughter, brother and sister of the wife or
husband of the Secretary.                          -...,.  . .

 

(4)       The Secretary shall advise the committee and its Chairman in the
light of the provisions of the Act, Rules and Bye-laws framed under
the Act and the directions of the Government or of the Director of
Marketing issued from time to time and the previous decisions of
the committee. His opinion shall be recorded in the proceedings of
the meetings of the committee. The Secretary shall be responsible
to send a copy of the proceedings of all the meetings of the
committee to the Director immediately, but in no case, later than
three days from the date of the meeting.

(5)                It  shall  be the duly  of the Secretary to carry into effect the
provisions of the Act, Rules and Bye-laws made under the Act and
the instructions of the Government or of the Director and the
decisions of the Committee and of the Chairman, consistent with
the provisions of the Act, the Rules and the Bye-laws to effect
maximum improvement in the market.

(6)       The Secretary shall see that communications addressed to the
Committee by the Government and the Director are dealt with
promptly and efficiently.

(7)       Subject to the provisions of sub-rule (5), the Secretary shall be
responsible for carrying on the day to day working of the office of
the committee, maintenance of accounts, punctual rendering of
returns, monthly review of the progress made in the enforcement of
the Act and the safe custody of the cash, the common seal, the
minute book and other records and assets of the committee.

(8)       The Secretary shall make an annual assessment of the work of the
employees engaged in connection with the management of the


affairs of the committee and shall submit to the Chairman of the Committee who shall lake this assessment into consideration while making final assessment of the work of such employees.]

32. Constitution of sub-committees - (1) A market committee may constitute all or any of the following sub-committees for assisting it in the discharge of Us functions, namely:-

(1)   Executive Sub-Committee;
(ii)   Appointments Sub-Committee;
(iii)  Finance and Works Sub-Committee;
(iv)  Disputes Sub-Committee.

(2)    Each of the sub-committees aforesaid shall, besides the Chairman
of the market committee, consist of two other members appointed by the
Market committee in the following manner, namely: —

(a)   in the case of .each of the sub-committees, other than the disputes
       sub-committee,  both the members  shall  be such as  may be

appointed by the market committee from among the members

thereof;

(b)   in the case of disputes sub-committee, one member shall be a
member of the market committee representing the growers of
agricultural produce and owners of livestock and the products of

          livestock and the second member shall be a member of the market

committee representing the persons licensed under section 7.

(3)    (a)    Every sub-committee constituted under sub-rule (1) shall
have as its Chairman, the Chairman of the market committee, who shall
preside over the meetings of such sub-committee.

(b) (i) In the absence of the Chairman, the Vice Chairman of the market committee, shall act as the Chairman of every sub­committee, except the disputes sub-committee, and preside over its meetings.

(ii) In the case of the disputes sub-committee, in the absence of its Chairman at any meeting, one of the members selected by lot shall

preside over such meeting.

(4)    The Secretary shall also function as the Secretary of all the sub­
committees.


33. Nature of disputes to be decided by the disputes sub-committee and the procedure to be followed therefor -- (J) The disputes sub­committee shall arrange for the settlement of disputes in regard to the quality

or weight, as the case may be, of the agricultural produce, livestock or products of livestock or the price or rate to be paid therefor, the allowances for wrappings, din or impurities or the deductions for any cause or the payment of sale proceeds due to a seller or commission agent from a buyer or a commission agent or the time lag fixed in connection with such payment, arising between —

(1)      a buyer and a seller;

(ii)   a buyer and a commission agent;

(iii) a commission agent and a seller; or

(iv)  the agents of any of them.                            

(2)        The disputes sub-committee shall appoint a panel of not less than
five but not more than fifteen persons, known for their integrity, to act as
arbitrators in the settlement of disputes referred to the disputes sub­
committee* from among the agriculturists residing in the market area and the
traders doing business in such area but not being the members of the market
committee.  

(3)        [Where any dispute of the nature referred to in sub-rule (1) arises,
it shall be reported to the Secretary by submitting an application in writing
signed by either of the parties for the dispute together with such fees not
exceeding Rs. 10/- as may be fixed and notified by the Market Committee for
each such dispute and the dispute shall be decided in accordance with the
following procedure, namely:-]

         (i)    The Secretary shall try to settle the dispute himself by hearing both

                 the parties. In case the parties do not agree to the settlement

                 suggested by him lie shall call upon each of the parties to select one

                 arbitrator from the panel of arbitrators appointed under sub-rule (2).

(ii) The arbitrators so selected shall, after hearing the parties give their decision thereon. If there is no unanimity in the decision of the arbitrators, they shall refer the same to an umpire named by them from the panel of arbitrators aforesaid who shall, after considering the views of both the arbitrators, give his decision in the matter.

[(iii)If any of the parties to the dispute is aggrieved by the decision of the arbitrators or the umpire, he may prefer an appeal against such decision to the Disputes Sub-Committee whose decision therein


shall be final and binding on both parties to the dispute and if any party defies the decision of the Disputes Sub-Committee the Market Committee may cancel the licence of such party.]

(iv) The dispute shall, as far as possible, be decided on the spot and on the same day.

(v)   The market committee shall maintain a full record of all the disputes reported and settled as aforesaid in a register in Form 14.

34.   Subscription for Market Intelligence -- The market committee may, with the approval of the Director, levy a subscription not exceeding Rs.25 per annum exclusive of postage from every subscriber for copies of the market report published by the market committee. Such subscription shall be paid in advance to the market committee.

The market committee shall display on the notice board of its office the arrivals, prices and stocks of notified agricultural produce, livestock or products of livestock.

35.   Propaganda in favour of production and marketing of the notified agricultural produce, livestock or products of livestock --  The market committee shall whenever its funds permit, subject to the prior approval of the Director provide staff for propaganda (including demonstration) and publicity in favour of the improvement of the production and marketing of the notified agricultural produce, livestock or products of livestock.

36.      Promotion of grading services -- The market committee shall undertake grading of notified commodities in accordance with the grade, at designations fixed under the Agricultural Produce (Grading and Marking) Act. 1937 (Central Act 1 of 1937) or other grade fixed by the market committee according to the standards of commercial grading. The market committee shall, with the previous sanction of the Director, appoint necessary staff required for such grading.

37.       Prevention of adulteration of notified commodities —   (a) It shall be duly of the market committee to take all possible steps to prevent adulteration of notified commodities in the notified area and no person doing business in the notified area, shall cause adulteration of any notified commodity or sell or cause to be sold any adulterated commodity in the notified area.

Explanation: For the purpose of this rule, adulteration of notified commodities shall include, as the mixing of varieties of different qualities of


a commodity, mixing of seived remains of commodities and mixing of earth, dirt or stones or any other extraneous matter with any notified commodities.

(b) the addition of non-edible colouring matter in polishing of turmeric or non-edible clarificant in the preparation of jaggery.

38.   Travelling Allowance of the Members of the Committees --

[(1)] The market committees with the strength of 16, 14 and 12 members shall pay sitting fees not exceeding Rs.14 Rs. 12 and Rs.10 per day respectively to its Chairman, Vice-Chairman and members.]

(2) The Market Committee shall pay its Chairman, Vice-Chairman and
Members the travelling allowance for journeys undertaken by them for
attending the meetings of the Market Committee, meetings convened by the
Director or for inspection tour within the notified area or study lour outside
such notified area at the rates specified below:                                     I

(a)       for journey by railway: First Class fare and daily allowance of
Rs. 10.

(b)                for journey by road: (i) Only Daily Allowance of Rs.10 when
Market Committee Vehicle or Government Vehicle is used, or

(ii)   Actual bus fare plus Daily Allowance at the rates prescribed in clause (a) above.

(c)       for journey partly by railway and partly by road: First class fare
for the rail journey and actual bus fare for the road journey plus the
Daily Allowance at the rates prescribed in clause (a) above.

(d)       for journey by road between places unconnected by train or
bus: Travelling Allowance at the rate of 16 paise per Kilometre or
Daily  Allowance  at the rates prescribed  in clause  (a)  above
whichever is beneficial.

(e)                for halts at State Capital and places outside the State: Daily
Allowance of Rs.15.

(f)                  For halts at Delhi, Bombay, Calcutta and Srinagar: Daily
Allowance of Rs.20.

Provided that where the Chairman, Vice-Chairman or a Member of the Market Committee travels in a class lower than that to which he is eligible by rail, he shall draw a single fare of the class by which he actually travelled;

Provided further that if the Chairman, Vice-Chairman or a Member of

the Market Committee undertakes tour on the same day under this sub-rule or


under sub-rule (1), he shall be allowed either sitting fees or daily allowance for the day whichever is advantageous to him.]

(3) The Market Committee shall not allow its Chairman, Vice-Chairman, members, officers or employees to incur any expenditure for performing journeys beyond its jurisdiction to any place within the State without the previous sanction of the Director J[or any Officer authorised by him in this behalf] and to any place outside the State without the previous sanction of the Government

..,. (4) The market committee shall not incur any expenditure on any deputation sent by it to any place outside the State without the sanction of the Government and the number of members for any such deputation shall in no case exceed three including the Chairman or Vice-Chairman.

[(5)The Market Committee may pay an honorarium to its Chairman at the rate not exceeding Rs.20()/- per month, Rs.150/- per month and Rs. 100/-per month where the annual income of the Market Committee is Rs.2 lakhs and above, less than Rs,2 lakhs, but not less than of 1 lakh and less than Rs.l lakh, respectively subject to the availability of funds and with the prior approval of the Director.]

39.   Security -- The market committee shall take cash and personal

security or as the case may be personal security only as specified below from each of the categories of its employees at the rates specified against each of these categories, namely:-

 

 

Category of employees

Cash Security

Personal Security

I.

Supervisor

500

1,000

2..

Accountant

1,000

2,000

3.

Upper Division Clerk incharge

 

 

 

of cash

 

2,000

4.

Driver

200

500

5.

Watchman

-

50

6.

Secretary, Grade 1

2,000  

             Nil

7.

Secretary, Grade II

1,500

Nil

8.

Secretary, Grade III

1,000

Nil

9.

Assistant Secretary

750

Nil

10.

Assistant Market Supervisor

300

1,000

11.

Lower Division Clerk  

           300

1,000

12.

 Maistrv

200

500

.


40.   Inspection and administration of the market committees (1)

The Director shall control and co-ordinate the administration and proper working of the market committees in the State.

(2)   (a)    He shall inspect and may authorise any of his officers to
inspect periodically the offices of the market committees, markets,
premises of the licencees, etc., and issue such instructions, from
time to time, for proper implementation of the provisions of the Act
or of the rules and bye-laws made thereunder.

(b)   The Director may, of his own motion, himself inspect or cause to be inspected by an officer authorised by him, the accounts of a market committee or hold an enquiry into the affairs of the market committee.

(3)   When the affairs of a market committee are enquired into, all
members, officers and servants of the market committee shall furnish such
information and produce such documents in their possession, relating to the
affairs of the market committee as the Director or the officer authorised by
him may require.

41.   Officers entitled to attend meetings of Market Committee -

Officers of the Marketing Department not below the rank of Assistant Director of Marketing, the District Collector or any of his subordinates not below the rank of a Tahsildar authorised by him in writing shall be entitled to attend any meeting of the market committee constituted for any notified area within his jurisdiction and to address the market committee, on any matter but shall not be entitled to vote. The Chairman of the market committee may request an officer of any other department connected with any notified agricultural produce, livestock or products of livestock to attend and address any meeting of the market committee.

42.   Meetings of the Market Committee not open to the public -- The

meetings of the market committee shall not ordinarily be open to the public, hut such persons of the public who are interested in attending a meeting can do so with the prior permission of the Chairman or the presiding member.

43.   Proposals and references — All proposals or references from a
market committee intended for sanction by or for information or approval of
the Government shall be sent to the Director who shall forward such proposals
or references to the Government with his remarks and all references from the
market committee to any officer of the Government shall be made through the
Head of the Department to which he belongs.

 

 

 

44.       Penalty for disobedience of orders — Any person entering or
attempting to enter the market when directed not to do so by an officer of the
market committee or disobeying the instructions of any such officer of the
market committee in regard to the places where carts and other vehicles
loaded with the notified agricultural produce, livestock or products of
livestock and animals may stand or in regard to the roads by which and in
regard to the time at which they may proceed, shall be punishable with fine
which may extend to ten rupees in the case of first offence and to fifty rupees
in the case of every subsequent offence.

45.       Bye-laws - The market committee shall make bye-laws under
section 34 consistent with these rules and model bye-laws framed by the
Director to regulate its own procedure and to specify the conditions of trading
in the notified area. The bye-laws shall, inter-alia, provide for -

 

(1)       the procedure regarding issue of passes;

(2)       the method of disposal and hearing of complaints;

(3)       the levy of licence fees;

(4)       the levy of market charges;

(5)       the regulation of the duties of commission agents and other traders,
sellers, brokers, weighmen and other licenced persons of a market;

(6)       the time lag allowed for submission of copies of takpatties and
Amanat Patties to the office of the market committee by the commission
agent and the late fee chargeable after due date;

(7)       the fixing of percentage of refraction and tare weight;

(8)       the refund of the excess deductions made from the sale proceeds
due to the seller and the recovery of the over payment made to the seller;

(9)      fees for supply of copies of records of    proceedings of the

meetings;

(10)  procedure for the conduct of auction of notified agricultural
produce, livestock or products of livestock,

46.   Prosecutions -- (1) No prosecution shall be instituted for any
breach of any of these rules without the previous sanction of the market
committee. No prosecution shall be instituted against a licenced person until
he has been given an opportunity of explaining his conduct and then only
under the special orders of the market committee passed at a special meeting
of which notice shall be given to all members.


(2) Notwithstanding anything in sub-rule (1), the Director or any officer authorised by him may, if he is satisfied that the previous sanction is refused on flimsy grounds or passing of the special orders under that sub-rule is unduly delayed, he may himself institute a prosecution for any offence under these rules.

47.   Exercise of the powers to write off irrecoverable amounts

Before exercising the powers to write off irrecoverable amounts under section 24, the market committee shall consider the issue in a meeting and satisfy itself that the amounts due cannot be recovered either because the person is not traceable or has become insolvent or the officer entrusted to collect such amounts has reported that the recovery is not possible.

CHAPTER V REGULATION OF TRADING

48- Application for grant or renewal of licence under sub-section (1) of section 7 and Fees Chargeable therefor -

(I) Any person desiring to obtain or renew a licence under Sub-Section (1) of Section 7 shall make an application in Form 5:

(1)    Provided that every such application shall he accompanied with
such fees which shall not exceed * [Rs. 125/- (Rupees one hundred and twenty
five only] as may be fixed in the bye-laws of the market committee;

(ii) Provided further that a person residing outside the notified area and desiring to operate in a notified area of a Market Committee for specific transactions which may not exceed ten in a year may be granted a special licence on payment of such fees which shall not exceed Rs.20 (Rupees twenty only) as may be fixed in the bye-laws of market committee;

(iii) Provided also that every application for renewal of licence shall be accompanied with such fees which shall be half of the fees fixed for issue of licence;

(iv) Provided also that where a trader licenced in one market committee desires to effect purchase or sale in the jurisdiction of another market committee, he may be granted a special licence on payment of Rs. 15/-.]

(2)   A Market Committee may exempt from the provisions of sub­
section (1) of section 7 any person who on any single day carries on the


business of purchasing or selling any notified agricultural produce, live-stock or products of livestock of a value not exceeding Rs.300 (Rupees three hundred only).

49. Licence to operate as broker, carting or clearing agent, etc., in notified area - (1) No person shall operate within a notified area as broker, carting or clearing agent: warehouseman, weighman, measurer, surveyor, lorry owner, cartmen or hamal except under and in accordance with the conditions of a licence granted to him by the Market Committee:

Provided that no person who is in the service of any other person, or who does any other business, shall he eligible to hold a licence as a broker, warehouseman, weighman, measurer, surveyor, or cartmen, carting or clearing agent.

(2) Any person desiring to obtain a licence or renew his licence under sub-rule (1) shall make an application in Form 6 or Form 7, as the case may be, together with such fees not exceeding the maximum specified below as may be fixed in the bye-laws of the market committee.

Maximum fee per annum for

Licence to operate as                               obtaining or renewing

licence annually Rs.

 

1.

Broker

25

2.

Carting or clearing agent

10

3.

Warehouseman

 

4.

Weighman, measurer of surveyor

10

5.

Lorry owner

5

6.

Cartman                                   

2

7.

Hamal

1

Provided that Hie market committee may, in the case of Hamal, decide not to collect any licence fee.

50. Grant or Renewal of Licences -- (1) The Market Committee shall, within fifteen days of the receipt of the application for grant or renewal of licence under rule 48 or rule 49. either issue or renew a licence in Form 8 or FormL) or Form 10 or Form 11. as the case may be. or reject the application therefor giving reasons Tor such rejection.


(2)   (a)    An application for the renewal of a licence shall be made at
least thirty days before [he date on wliich the licence is due to expire;

Provided that where any such application is not made as aforesaid, but before the date of expiry of the licence, the market committee shall on payment of a late fee at a rate equivalent to 10 per cent of the prescribed licence fees during the first fifteen days and at a rate equal to 25 per cent of the prescribed licence fees thereafter hut within thirty days after the expiry of the dale of licence, in case of a trader or a commission agent; or a late fee equal to half the amount of an annual licence fee in case of any other licence in addition to the fees specified in Rule 49 renew such licence in Form 9 or Form 10 or Form 11, as the case may be, within thirty days after the date of expiry of the licence.

Note 1: While calculating the late fee, a fraction of a rupee which is less than half shall be omitted and a half or more shall be rounded off to the nest higher figure.

Note 2 ; The Committee may waive the late fee for reasons to be recorded in writing.

(b) Every renewal of licence granted under this sub-rule shall take effect from the date following that on which the licence expired.

(3)   Every licence issued or renewed under this rule shall expire on the
last day of the financial year, for which it was issued. Full fees shall be
payable even for a part of thcyear.

51.      Issue of Duplicate licence - The Market Committee, if it is
satisfied that licence issued by it has been lost or accidentally destroyed, may
issue a duplicate of that licence on payment of a fee of Re. 1 (Rupee one only).

52.               Suspension  or Cancellation of Licences  (1)  The market
committee may by a resolution passed in a meeting or by circulation and

approved by a majority consisting of not less than four of its members, cancel or suspend the licence granted to any commission agent or trader or any olhcr person licenced under sub-section (1) of section 7, if it is satisfied that -

(a)                the licence has been obtained through wilful misrepresentation or
fraud; or

(b)       the holder thereof or any servant or anyone acting on his behalf
with his express or implied permission commits a breach of any of the terms
or conditions of the licence or the provisions of these rules or the bye-laws of
the market committee: or


(c)       the holder of the licence in combination with other holders ol
licences commits any act or abstains from carrying out his normal business
in the market with the intention of wilfully obstructing, suspending or
stopping the marketing of any notified agricultural produce, livestock or
products of livestock in the market area in consequence whereof the
marketing of such notified agricultural produce, livestock or products of
livestock has been obstructed, suspended or stopped; or

(d)       the holder of the licnece has become an insolvent; or

(e)       the holder of the licence is convicted of any offence under the Act.

(2) The market committee before cancelling or suspending the licence granted under sub-rule (1) shall issue a notice to the person concerned calling upon him to show cause within seven days from the service thereof, why the licence should not be cancelled or suspended and consider his reply thereto if any, received from him before the expiry of the time specified in the notice:

Provided further that the Chairman, Market Committee may suspend the licence of a person who obtains licence under section 7 or rule 49 for a period not exceeding 7 days pending ratification by the Market Committee.

53.   Appeal from the orders cancelling or suspending a licence -- (1)

An appeal from the orders of the Market Committee shall be preferred within a period of ninety days from (he date of communication of such orders before the Director. The Director shall, on receipt of such appeal, call for all the relevant registers and records from the market committee, make or cause such enquiry as he deems necessary and pass orders either confirming or cancelling the orders of suspension or cancellation of the licence.

(2) The Director may suspend the execution of the order pending the exercise of his power under sub-rule (1) in respect thereof.

54.      Method of sale - Sale of all the notified agricultural produce,
livestock or products of livestock brought into a market for sale shall be
conducted by the market committee by open auction or tender system or any
other system specified in the bye-laws. They shall be exhibited for sale,
auctioned or weighed in the manner laid down in its bye-laws.            

55.               Unit of Price Quotations ~ The unit of price quotations in respect
of sale of notified agricultural produce, livestock or products of livestock
shall be the unit of metric weight, or metric measure or the number specified
in the bye-laws of the market committee.

 



56.   Trade Practices -  (1) The market committee shall provide
facilities for direct sale between a seller and buyer in the market. The seller
shall be free to sell his notified agricultural produce, livestock or products of
livestock either directly or through a licenced commission agent or any other
person licenced for the purpose.

(2) It shall be the responsibility of the buyer to take delivery of the notified agricultural produce, livestock or products of livestock immediately after its weighment. measurement or counting as the case may be in the market in its naked form and make payment therefor on the same day.

57.    Places of Control over Weighment, Measurement or Counting -

- (i) All the weighments, measurement, or counting, as the case may be, of the notified agricultural produce, livestock or products of livestock purchased or sold in the market and those under storage, pressing, processing or export in ihe notified market area shall be conducted under the control of the market committee through licenced weighmen who shall render such accounts therefor as may be specified by the market committee.

(2) Any person contravening the provisions of this rule shall be punishable with fine which may extend to five hundred rupees.

58.    Authorised Weights and Measures to he used -- Only such

weights and measures as conform to the metric weights or metric measures and their multiples and sub-multiples thereof shall be used in transactions governed by the Act, in the notified area.

59.   Test    of   Scales,    Weights   and   Measures,   Weighments,
Measurements and Counting -- Any officer or employee of the market
committee authorised by it in  behalf, may, at any time and without notice,

examine and test any scale, weight or measure used, kept or possessed in any
pake within the limits of the notified area and inspect, examine and test the
weighment. measurement or counting, as the case may be, of any notified
agricultural produce, livestock, or products of livestock within the limits of
the notified area.

60.    Set of Metric Weights and Measures to be kept by the market

committee - The market committee shall keep at least one set of metric weights and scales which shall, during the office hours of the market committee, be available lo the public for comparison with their own metric weights and scales.


61. Counter Balancing in Weighment - A weight equivalent to that of the bag, tin or other packing material, which contains the notified agricultural produce or products of livestock and the rope or twine used for the packing thereof shall be added to the weight side of the scale in order to counter balance the weight of such bag, tin or other packing material and the rope or twine placed on the weighing side of the scale.

62.       Production of scales, measures and weights for inspection -
Every person who is granted a licence under sub-section (1) of section 7 shall
on order by any person authorised under rule 59 declare every scale, measure
or weight kept or possessed by him or by any person or persons under his
authority and control and produce them for examination at such time and in
such place as may be required and shall allow the person authorised under
rule 59 to examine and test the same.

63.       Report on incorrect Scales, Measures and Weights — If on

examination under rule 59 or mle fi2 any scale, measure or weight is found to be unauthorised or to be incorrect, the matter shall be reported by the Secretary to the concerned Government Officer incharge of the administration of the weights and measures for such action as is deemed necessary by him in the circumstances of the case.

64.   Commission agent or buyer to pay sale proceeds to the seller
promptly - When the notified agricultural produce, livestock or products of
livestock is sold through a commission agent, he shall pay the sale proceeds
of the notified agricultural produce, livestock or products of livestock from
his own account to the seller on the same day of its sale after deducting
charges payable by the latter as permissible under the bye-laws of the market
committee and recover the same from the buyer:

Provided that when any notified agricultural produce, livestock or
products of livestock is sold directly by the seller to the buyer, the latter shall
pay the sale proceeds to the seller immediately on the same day after the
weighment, measurement or counting is done through the market committee
on the basis of measurement or counting prepared by it. He shall be entitled
to lift the notified agricultural produce, livestock or products of livestock
only after payment of sale proceeds.

65.   Issue of Tak Patti - Every commission agent shall effect payment
in accordance with the tak palti (sale slip) prepared and shall issue the
original to the seller, duplicate to the buyer, triplicate to the office of the
market committee and the fourth copy duly signed or marked with the thumb
impression of the seller as having received the net amount of the sale


proceeds shall be retained by the commission agent himself for a period of two years or till such time as the takpatties are audited by the officer authorised whichever is earlier.

66.   Issue of Amanat Patti - Where any notified commodity is brought

to the commission agent to conduct its sale in the market or to transport it to other market or export at a latter date, the later shall arrange of its storage on his own account pending such sale or transport thereof, and he shall issue Amanat Patti (storage slip) in the manner specified in the bye-laws of the market committee.

67.   Commission agent to arrange storage facilities - It shall be the
responsibility of the commission agent to arrange for the storage of the
notified commodities and its insurance against theft, fire, floods, rains, or any
natural calamity, if desired by the seller pending its sale in the market or
export thereof, at a later date:

Provided that where a seller assembles any notified commodity in the market by direct sale, the market committee besides providing all facilities lor such sales, may provide temporary storage for unsold stocks for a period not exceeding one week, if so desired by the seller and also under take such insurance on his behalf and recover such amounts as may, from time to time be determined;

Provided further that where a notified commodity is stored and not removed within a week, the said notified commodity may be dealt with as specified in the bye-laws of the market committee.

68.   Fixation of Trade allowance and Deductions - (1) No licenced
trader, broker or weighmen shall demand, take or retain any allowance or
unpaid for sample in regard to any transaction entered into in the notified
area. Any person demanding taking or retaining such allowance or unpaid for
sample or in any way facilitating or conniving at the demanding, taking or
retaining of such allowance or unpaid for sample shall be punishable with
fine which may extend to two hundred rupees.

Explanation - A sample which it is intended to pay for on weighment
is not an unpaid for sample within the meaning of this rule.....................

(2) No fees or contribution on account of charity shall be levied on or paid by any seller in respect of the auction sale of his notified commodity in the notified area or its storage, weighment. measurement, pressing. processing or export in the notified area and any person demanding, taking or decision such fees in the Tak-Patti or Amanat Patti or in any way facilitating or conniving at the demanding, taking or deducting such collection directly


or indirectly in respect of any notified commodity in the notified area shall he punishable with fine which may extend to five hundred rupees.

There a Market Committee is of the opinion thai any trader or commission agent in the notified market area has made any collection in excess of what is allowed in the rules or in the bye-laws, the Market Committee shall by a resolution passed in a meeting, authorise any Officer not below the rank of an Assistant Secretary to direct the trader or commission agent lo produce before him the Takpatlies, the account books, relevant records and documents for inspection and to furnish any other information and to explain contents thereof. Such records and document shall be treated as confidential except for the purposes of any Government,    Department.

(4)       The Officer authorised by the Market Committee in this behalf,
after examination and inspection of the records and alter such enquiry as may
be necessary may determine the amount collected in excess or unauthorisedly
on the basis of the transactions, appearing in the dealer's accounts books and
on the basis of enquiry made. The Officer authorised shall issue a notice to the
trader or commission agent concerned calling upon him to show cause within
seven days form the service thereof why the said amount collected in excess
or unauthorisedly shall not be recovered from him. The Market Committee
after duly considering the reply thereto, if any, received from the trader or
commission agent, before the expiry of the time specified in the notice, shall
direct that he shall pay the excess amount collected within a period of 15
(fifteen) days either by crossed Demand Draft or in cash and obtain receipt
therefor in token of having paid to the Market Committee the excess
collection made by him.

(5)                Whoever, in contravention of the provisions of this rule, refuses to
produce the record and accounts as required by the Officer authorised by the
Market Committee, shall be punishable with fine which may extend to five
hundred rupees; and in the case of continuing offence with a further fine
which  may extend to  fifty rupees for every day during  which  the
contravention is continued after conviction therefor

69. Chungdi to be bought by the buyer - No buyer shall refuse to buy the chungdi at the same price as declared for the lot, of which the former forms a part; any sweepings of the market shall be the property of the market committee and the cost thereof shall be credited to its accounts at the end of each day's transactions.


70. Registers to be kept by Traders, Commission Agents, Weighmen, etc. — (1) Every licensed trader, commission agent, ginncr. presser, processor, warehouseman, importer, exporter, stockists and any other licenced person operating in the notified area shall maintain accounts in such manner and submit such reports and returns to such authority as may be specified by the ^Market Committee] in this behalf. 2[x xx],

1 (2) If any licenced person fails lo send any reports or returns under tills rule or if the Secretary or the Director considers it necessary to examine the account Books relating lo the business of any such person, to satisfy himself about the corrections of any report or returns submitted by him or for any other sufficient reason, the Secretary or the Director, as the case may be. may direct such person to produce before him the account books and other relevant records and documents for inspection and to explain the contents thereof. Such records and documents of the licenced person shall be treated as confidential except for purposes of any Government Department. If any licenced person, fails, without sufficient cause, to comply with [he directions of the Secretary or the Director aforesaid, he shall be punishable with fine which may extend to Rs.50(). (Five hundred rupees).

7J.   Employing a Broker — f 1) No person shall, in the absence of an

express agreement, be bound it) employ a broker in any transaction or be required to pay for a broker employed by any other party to the transaction or to pay for a broker when none is employed.

(2) The same person shall not act as a broker both for the buyer and line seller of a notified agricultural produce, livestock, or products of livestock or present or offer for sale in a notified area an adulterated notified

commodity.

72. Storage and. Accommodation : The market committee, may, so far as its funds permit, arrange accommodation for livestock in the market and for the storage or for slocking of notified commodities. The market committee shall not allow any such accommodation lo be utilised for the purpose of facilitating speculative holding up of any such notified committes.

C73. Market Charges - ?[(1)J '[No charges other man those specified
by the Director by a general or special order shall be payable by the seller or
the purchaser in a market.

4[(2) A licensee functioning as commission agent shall not collect any amounts other than the market charges as prescribed under the provisions of the Act. the rules made thereunder or the bye-laws.


(3)   Any person contravening the provisions of sub-rule (2) shall be
punishable with a line which may extend to five hundred rupees.]

 

CHAPTER — VI MARKET FEES LEVY AND COLLECTION OF FEES

74. Market Fees — [[{l) The lees leviable under sub-section (1) of section 12 on notified agricultural produce, livestock and products of livestock, if paid lo a Market Committee within the State shall not be collected by another Market Committee when such notified agricultural produce, livestock or products of livestock are bought into the notified market area of another Market Committee for the purpose of processing, pressing, packing, storage, export and on sales effected in the course of commercial transactions between the licensed traders, and the licensed traders and consumers subject to production of such evidence as may be prescribed in the bye-laws about the payment of market fees from where it was brought.

2| x x n ]

Provided 2|x x x x] that the fees shall be levied on notified agricultural produce, livestock or products of livestock when such agricultural produce, livestock or products of livestock are sold in auction or in any other manner prescribed in the bye-laws in the Market either directly or through Commission Agents even though purchased already in the same market or .some oilier market or place within the State.

(2) Such fees shall be leviable as soon as the notified agricultural produce, livestock and products of livestock is purchased or sold by a licensee, The notified agricultural produce, livestock or products of livestock shall be deemed to have been purchased or sold after the notified commodity has been weighed or measured or counted or when it is taken out of the notified market area.

3f(3) xxx]

(4)   The market committee may collect market fees through its licensed
commission agents.

4[(5) (a) The market fees collected by the licensed commission agents or traders on the notified agricultural produce, livestock or products of livestock, shall be paid to the Market Committee not later than the 25th of the succeeding month.

(b) Any contravention of this sub-rule shall be punishable with fine which may extend to five hundred rupees.]


75.   Check  Post — (1)    No person shall transport  any notified

agricultural produce. livestock, or products of livestock purchased or sold in (lie notified market area, from the limits thereof, except on production of the receipt for the payment of Hie prescribed fees in respect of such notified agricultural produce, livestock or products of livestock to the market committee concerned.

i)Any employee of the market committee authorised by it in this behalf shall have power at any lime and without notice to stop and check any vehicle suspected to carry unauthorisedly any notified agricultural produce,

livestock or products of livestock from any place within the limits of any noli Tied market area.

(3i         Any person who fails to stop the vehicle when required, lo do so under sub-rule (2), shall he punishable with fine which may extend to

Rs.5( )<)

76.   Penalty or evasion of payment of fees — Any person removing

or attempting to remove any notified agricultural produce, livestock or products of livestock from any notified market area or allowing the transport oi' any such notified agricultural produce, livestock or products of livestock from such area in contravention of the provisions of rule 75 before the fee has been paid therefor and a receipt obtained in respect of such payment or practising any device in order lo evade or facilitate evasion of the payment of the fees shall be punishable with fine which may extend to five hundred rupees.

Explanation : For purposes of rules 75 and 76, the expression 'person''

shall include a Government.                                                                

77.       Register of fees — the market committee shall maintain a register
showing the licence fees. Ices under section 12 or any other charges collected
by it. A receipt shall be granted to every person in respect of the fees, or
charges so collected from Mm under these rules.

78.       Use of employees for Collecting Fees — The fees under section
12 shall  be collected only by the officers and servants of the market
committee. The rights of collecting fees shall not be leased out.

79.       Employees Collecting Fee — Every officer or servant of the
market committee other than the Secretary shall carry an identification card
given under the seal of the market committee authorising him to collect fees
on behalf of the market committee.


80.   Inspection of Cash and Accounts — The Secretary shall arrange
to inspect and check periodically the cash and accounts of the officers and
servants, authorised to collect fees on behalf of the market committee.

                      CHAPTER VII

MARKET COMMITTEE FUNDS, BUDGET AND ACCOUNT

81.   Budget — The market committee shall meet annually not later than
two months preceding the commencement of its official year to prepare and
adopt the budget of income and expenditure for the next year in the form
specified by the Director and shall submit to the Director for sanction before
45 days of the closure of the year;

Provided that the market committee shall be competent to incur expenditure provisionally as per budget passed by the committee in case the sanction of the Director is not received within 30 days from the date of submission of the budget to him.

82.             Budget Conference of Committee The Director may convene
a conference or conferences of the representatives of the market committees
to discuss issues relating to the budget estimate of individual committees and
may effect alterations whenever necessary considering the resources and
needs of each of such market committees.

83.     Reappropriation of Savings from one item to another items of
Expenditure and Supplementary Grants — The market committee shall
regulate its expenditure in accordance with the provisions of its budget and in
accordance with 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 reappropriation from savings under other heads or by a

supplementary grant from the available reserve, subject to such demand from

the market committee and saction thereto by the Director

84. Publication of Accounts and  Audit (1) The committee shall keep such accounts and in such forms and in such manner as may be specified by the Government in this behalf by general or special order for the audit of the accounts of the committee. The market committee shall prepare and publish annually before the end of the month following the close of its official year a statement of its assets and liabilities with a balance sheet as on the closing day of that year.

(2) The Secretary shall cause to be produced all accounts, registers, documents, and other papers, which may be required by the Director in connection with the audit of the accounts of the market committee. He shall


also furnish immediately any explanation called for by the Director for the settlement of any discrepancy in such accounts.

85.   Surplus Funds — All unexpended balances on the last working
day of the committee's official year shall he invested in such banks or in such
interest bearing securities with the sanction of the Government or of an

officer authorised by the Government it/this behalf.

86.   Central Market Fund — The market committee at the end of
every month shall assess the amount of contribution on the basis of all
monies received by il and credit the same to the Central Market Fund.

1l86-A. Contribution to the Central Market Fund — (1) EveryMarket Committee shall contribute to Central Market Fund before the 20lh of April, of the subsequent year l()7r of its income derived in the previous year.

(2)       Every Market  Committee  shall maintain a separate Register
showing the income of every year and remittance to the Central Market Fund
every year.

(3)       In case any Market Committee fails to remit the contribution to the
Central Market Fund within the time prescribed, the said amount with simple
interest at 67r per annum shall be recoverable from the Market Committee by
the Director.

86-B  Application and Administration of Central Market Fund (1)

The Central Market Fund may be applied by the Director for all or any of the

following purposes, namely:-

(i) Grant-in-aid of the market committee for the first year after their constitution under the Act for incurring initial expenditure for the setting up of office of Market Committee or a market.

(ii) Grant-in-aid not exceeding Rs.20.000 shall be sanctioned to such of those committees which are either deficit or lacking the repaying capacity. Such grants shall be used for providing amenities to the users of the Market Yard.

(iii) Grant of loans to market committees for acquisition of sites for market yards and their development at such rate of interest as is charged on loans granted by the Government to local bodies for developmental purposes.

(iv) Expenditure to be incurred in maintaining and running the Central Market Fund and in connection with State Agricultural Marketing

Advisory Board.


(v) Expenditure to be incurred for grading, market intelligence, publicity, developmental works, purchase of movable and immovable properties and appointment of staff necessary therefor.

(v-a) Expenditure to be incurred for receiving and entertaining the marketing delegations and V.I.Ps. from other States to the extent of Rs. 1,000 on each occasion.]

(vi) Such other purposes as the Government may by general or special order specify to promote agricultural marketing in general.

(2)       The Director shall obtain the approval of the Government before
sanctioning any grant-in-aid or loan exceeding Rupees five thousand.

(3)       The grant-in-aid of a deficit market committee may be for a period
not exceeding three years.

86-C. Budget of Central Market Fund — The Director of Marketing will prepare the Annual Budget of income and expenditure of the Central Market Fund and submit before the 30th April of every year to the Government for sanction:

Provided that the Director shall be competent to incur expenditure provisionally as provided for in the budget pending sanction of the Government.

86-D. State Agricultural Marketing Advisory Board 2[(1) There shall be a Slate Agricultural Marketing Advisory Board consisting of 25 members, of whom,—

(a)   3 shall be the following officials :-

(i)    the Secretary to Government, Food and Agricultural Department; (ii)   The Director of Marketing; and

(iii) One official representing the Directorate of Marketing and Inspection, Government of India;

(b)       9 shall be from among the Members of the Andhra Pradesh State
Legislature, to be nominated by the Government;

(c)                13 shall be non-officials, to be nominated by the Government in
consultation with the Director of Marketing in the following
manner:-

(i) three Chairmen, Market Committees from each of the three Zones I, II and III as specified in rule 159;


(ii)   three progressive growers;

(iii) one representative of Chamber of Commerce of Andhra Pradesh.

The Minister-in-charge of Marketing shall he ex-officio Chairman, and the Director of Marketing shall be Secretary of the Board. There shall also be a Vice-Chairman to be elected from among (he non-official nominated members, including members of the State Legislature.

(2)   The functions of the Board shall be :-

(i)    to tender advice to the Government in all matters relating to
                 utilisation of Central Market Fund for the general improvement of

markets in the State;

(ii) to consider different problems of the Market Committees arising out of the enforcement of the Act and Rules and to render necessary advice from time to time;

(iii) to do all such act or acts as may be directed by the Government from time to time to promote orderly marketing of commodities notified under the Act;

(iv) to review the working of regulated markets in general and suggest measures to bring about uniformity in marketing practices in all the regulated markets:

 [Provided that the members of the Board who are nominated from among the members of the State Legislature shall continue only so long as they remain to be such members.]

(3)   The term of office of the non-official members of the Board shall
be three years.

[Provided that a non-official member shall cease to hold his office, if he absents himself from three consecutive meetings of the Board including meetings which for want of quorum could not be held.

Explanation: For the purposes of this proviso, no meeting of the Board from which a member absents himself shall be counted against him, if due notice of that meeting was not given to him.]

[(3-A) Where a person ceases to be member under the proviso to Rule (3), the Secretary of the Board shall at once intimate the fact in writing by


Registered Post with Acknowledgement due to such person all report the same to the Board, at its next meeting, If such person applies for restoration of membership to tine Board on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, the Board may at the next meeting after the receipt of application restore him lo his office:

Provided that a member shall not be so restored more than once (luring his term of office.

(4)   Subject u> the rules made for the purpose of administration of the
Central Market Fund,  the  Board  may  employ  such  persons  for  (he
performance of the  functions  of the Board  and  may  give  them  such
remuneration as  it may think lit and may suspend, remove, dismiss or
otherwise punish any person so employed.

(4-A) The rules relating lo the conditions of service, pay and allowances, pension, provident fund contributions applicable lo the employees of the Market Committees, for the time being in force shall apply

10 the persons of the corresponding posts employed under sub-rule (4)).

(5)   The Board shall meet [at least once in three months.]

(ft) The members of the Board shall be eligible for Travelling Allowance and Daily Allowance at such rates as may be prescribed by the Government for a 1st Class Committee:]

[Provided that the members whose headquarters is located al a place where the meetings of the Board are held, they shall be eligible to draw only sitting fees equal lo daily allowance.]

CHAPTER VIII

MARKET COMMITTEE WORKS

87. Works — (1) (a) All plans and estimates for works proposed lo be carried out by the market committees shall wherever feasible or practicable be designed by the Engineering cell of the -office of the Director. In cases where such Engineering cell considers that the technical advice of any Engineer of the Public Works Department or Roads and Buildings Department or Public Health Department is necessary,, the case may be referred lo such Department.

(b) Technical sanction of all the original works and repairs shall be accorded by the Market Engineer.


(c) No works for which plans and estimates have not been previously prepared or which have not received the technical sanction shall be included in the budget.

(2)       The Market Committee shall call for tenders in the proforma and
in accordance with the procedure which shall be specified by the Government
in consultation with the Director and the Public Works Department.

(3)       (a)    No works shall be undertaken or carried out except under the
supervision of a qualified technical officer not below the rank of an overseer
or supervisor appointed for the purpose by the market  committee  in
consultation with the Director.

(b) In respect of any work the approved estimate of which exceed Rs.5,000, the Market Engineer authorised by the Director in this behalf shall inspect the works al (he stage of excavation and roof level on intimation by the Market Committee. The foundations shall be filled under the supervision of the said Market Engineer and roof shall not be laid in his absence;

Provided that, where the approved estimate of any work does not exceed Rs.5.000 it shall be competent for the Market Committee to execute the same under its own supervision in accordance with the technical advise tendered by the Director from time to time;

Provided further that the final payment for the work shall be made by market committee on its own responsibility, only after check measurement made by the Market Engineer authorised by the Director in this behalf.

 

CHAPTER IX

SURCHARGE RULES

88.       Submission of Accounts - The Secretary shall submit all accounts
of the  market committee  to the   [the Director of Local  Fund  Audit!
(hereinafter referred to as "the auditor") as required by him.

89.       Power to Summon Documents — (1)        The auditor may —

 

(a)                by summons in writing, require the production of any book. deed.
contract, account, voucher, receipt or other document, the perusal or
examination of which he considers necessary;

(b)                by summons in writing require any person having the custody or control
of any such document or accountable for it to appear in person before
hi m;


(c) require any person so appearing to make and sign a declaration with respect to such document or to answer any question or to prepare and furnish any statement relating thereto.

(2) Whoever fails to comply with any requisition lawfully made upon him under this rule, shall be punishable with fine which may extend to fifty rupees.

90.   Auditor to Report Material Impropriety or Irregularities, Loss,
Waste or Misapplication
— (1) The auditor shall report to the market
committee any material impropriety or irregularity which he may observe in
the expenditure or in the recovery of money due to the market committee or
in the accounts of the market committee.

(2) The auditor shall report to the market committee any loss, waste, or misapplication of money or other property owned by or vested in the market committee, if such loss, waste or misapplication is a direct consequence of neglect or misconduct, with the names of any person directly or indirectly responsible for such loss, waste or misapplication.

91.   Duty of the Secretary to Remedy the Defects or Irregularities

The Secretary shall forthwith remedy any defects or irregularities that may be pointed out by the auditor and report the same to the market committee.

92.   Powers of Auditors to Disallow and Surcharge — (1) The

auditor may disallow every item contrary to law and surcharge the same on the person making or authorising the making of the illegal payment and may charge against any person responsible therefor the amount of any deficiency, loss or unprofitable outlay incurred by the negligence or misconduct of that person or of any sum, which ought to have been, but is not, brought to account by that person and shall in every such case, certify the amount due from such person.

Explanation: It shall not be open to any person whose negligence or misconduct has caused or contributed to any such deficiency or loss, to contend that notwithstanding his negligence or misconduct, the deficiency or loss would not have occurred, but for the negligence or misconduct of some other person..

(2) The auditor shall state in writing the reasons for his decision in respect of every disallowance, surcharge or charge and furnish by registered post a copy thereof to the person against whom it is made.

(3) If the person lo whom a copy of the auditor's decision is so furnished refuses to receive it, he shall nevertheless be deemed to have been duly furnished with a copy of such decision within the meaning of sub-rule (2). The period of fourteen days referred to in rules 93 and 94 shall be calculated from the date of such refusal.

93.   Appeals Any person aggrieved by disallowance, surcharge or
charge made1 may, within fourteen days after he has received or been served
with the decision of the auditor, appeal to the Government in Food and
Agricultural   Department.   Any  order  passed  on  such  appeal   by  the

Government shall be final.

94.       Payment into Treasury — Every sum certified to be due from any
person by the auditor under these rules, shall be paid by such person into the
Market Committee Fund, within fourteen days after the intimation to him of
the decision of the auditor, unless within that time such person has appealed
to the Government against such decision, and such sum, if not paid, or such
sum as the Government shall declare to be due, shall be recoverable on an
application made by the Director to the court in the same way as an amount
decreed by the said court,

95.       Power to waive recovery of the amount due — Notwithstanding
anything in these rules, the Government may, at any time, direct that recovery
of the whole or any part of the amount certified to be due from any person by
the auditor under these rules shall be waived if in their opinion such a course
is necessary and proper after considering all the circumstances of the case.

96.       Returns:  In order to enable the auditor to watch the timely
recovery of all amounts covered by the surcharge certificates issued by him,
a half-yearly return in the form given below shall be sent by the Market
Committee to the auditor. The action taken to effect the recoveries for which
the Market Committee is responsible shall be specified in the return. The
return for each half-year shall include all surcharges outstanding at the end of
the half-year shall include all surcharges outstanding at the end of the half-
year and shall be sent to the auditor by the 10th of the month succeeding the
half-year to which the return relates. The return shall contain detailed
information regarding the stage of recovery of amounts due and they shall be
sent with a certificate that the recovery of the amounts has not become lime-
barred. Where no amount is pending recovery, a 'NIL' return shall be sent.
As soon as an amount is completely recovered, the market committee shall
report the fact to the auditor.

 

 

 

 

 

 

 

 

 

 

FORM

Half yearly Return of Amounts Pending Recovery

 

No. and Name of Market Committee,

Names of persons surcharged with designation

 

Rs.       Ps.

Number and date of surcharge

certificate.

Amount recoverable according to the orders passed on application or appeal, if any , preferred and date of orders on application or appeal.

Steps taken for recovery (where no execution petition has  been filed   reasons   for   not   filing   it should be stated here).

ID

(2)

(3)

(4)

(5)

(6)

 

 

 

 

 

 

CHAPTER X

FINANCIAL RULES

97. Procedure for maintenance of accountsThe procedure laid down in the Andhra Pradesh Financial Codes. Accounts Codes, Treasure Codes and instructions, if any. issued from time to time, shall mutatis mutandis apply, in regard to maintenance of accounts, registers and forms,

etc.. by the market committees.

98., Vouchers — Vouchers for payment shall be in the relevant form in the Andhra Pradesh Treasury Code, Volume II and care shall always be taken to keep a sufficient stock of those forms on hand. In the case of miscellaneous purchases, the payment shall be made on the suppliers bills. When such payments are made from the permanent advance the suppliers' 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 (he initials of the Secretary or the drawing officer of the market committee. When petty payments are made from the permanent advance and no separate, receipts can be obtained, a memorandum shall be drawn up showing the nature and amount of the expenditure and this shall be passed by 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.

99.   Presentation of Bill — (1) Every person having any claim against
market committee fund 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 the claimant shall duly date and sign the same and stamp it. where necessary,

(2)       Whenever 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.

100. Payment of BillsEvery bill shall be presented to the Secretary
who shall make it over to the Accountant of the market committee. The

Accountant shall enter it in a register of bills and then check and examine the bill as regards 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 Secretary for signing the payment order in the bill which shall be in the following form:-

FORM.

Passed for Rs....................................... (in words and figures only) by

debit to (Major, Minor and Detailed Heads). Adjust Rs…………………..(in words and figures) by debit to (Major Minor and Detailed Heads) and credit to (Major, Minor and Detailed Heads).

101.  Acknowledgement  and  receipt of the  bill(1)  Separate acknowledgement   (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 where the drawer of the bills is the sole payee and has already furnished a receipt (stamped where necessary) on the bill itself.

(2) Where any officer or servant of the market committee make 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).


102. Authority to sanction billWhenever 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 Audit Officer authorised or appointed in this behalf.

103. 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 CERTIFICATE

    Rs.

The amount may be met from the budget allotment of

The amount spent under this head upto date is

The amount sanctioned upto date but not spent is

The amount to be sanctioned now is

Total balance remaining will be                                       Total :

(2)       If there is no budget provision under the head concerned and the
market committee decided to find the amount by re-appropriation from
another head, the words 'by-reappropriation" 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 be written again
as part of the resolutions in the minutes book. If, however, the market
committee makes any alteration either in the amount of expenditure or in the
head from which the expenditure is to be made, the certificate as amended
shall form part of the resolution of the market committee and be entered a
such in the minutes book.

 

104.         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 from the date on which the claim became due without the specific sanction of the market committee in that behalf.

105.         Over payment of the Bill — The responsibility for an over payment shall rest primarily with the drawer of the bill who shall be required it) make good the over payment and failing recovery from him, the over payment shall be recovered from the countersigning or passing officer only in the event of culpable negligence by either of them:


Provided that the Secretary shall neither admit a bill nor issue a cheque on any account which is not in consonance with the rules or the bye-laws or the orders of either Government or the Director issued from time to time.

106. 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 Assistant
Director of Marketing in whose jurisdiction the market committee is situated.
A further and complete report shall also be submitted to him, as soon as may
be after the matter has been fully enquired into, setting forth the nature and
extent of the defalcation or loss, the errors or neglect of rules by which such
defalcation or loss was rendered possible, and the prospects of effecting a
recovery.

(2)       Loss by theft or otherwise of other property belonging to the
market committee shall be reported to the Audit Officer, if the value of the
property loss exceeds one hundred rupees.

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

 

107. Custodian of Cheque Books— The cheque books shall be kept in
Ihe personal custody of the drawing officer or the Accountant and when a
transfer of charge takes place, a note shall be recorded in the cash book over
the signature of both the relieved and the relieving officers showing the
number of unused cheques and cheque books made over and received by
them respectively.

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

— The cheque bonk 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.

109. 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.

110.      Writing up of cheque The amount of every cheque drawn shall
be written in words as well as in figures both on the cheque itself and on the
counterfoils and the counterfoil shall be initialled by the person who signs the
cheque.


111.  Authority to sign chequesCheques 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 the Chairman. No payment shall be made from any Government Treasury or bank on any cheque purporting to be drawn on behalf of the market committee, unless it is signed or signed and countersigned as the case may be, as aforesaid. Whenever a person who is empowered to sign or countersign hands 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 to the Treasury Officer or the Bank, as the case may be:

 

FORM OF CERTIFICATE

Signature and designation of the Receiving Officer. A.B.

I certify that the 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) 19………….           . CD. Signature

and designation of the Officer making over charge. With date.

112.         Cancellation of cheques — When a signed cheque is cancelled, it
shall  be enfaced or stamped  'cancelled'  by the Secretary and shall  be
destroyed by the Director at the lime of audit. The fact of cancellation shall
be noted in red ink under the initials of the drawer of the cheque upon the
counterfoil and also across the pass order on the voucher.

113.   Cancellation of cheque and the cash bookIf the cheque is cancelled before the cash transactions, of the month in which it was issued have been totalled, the entry in the Cash Book shall be struck out in red ink under the initials of the Secretary with a note that the cheque has been cancelled.

114.         Issue of cheque and 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 the cheque shall be credited in the cash hook in the treasury column under the head "Refunds of expenditure of the previous year75. 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 book in the treasury column as a minus entry under the head of expenditure to which i! was originally charged.

115.         Preparation and drawal of Establishment Hills — The pay bill
shall be prepared in such form as may be specified by the Government


Cheques in payment of establishment bills shall be drawn in favour of the Secretary or the supervisors of market yards, as the case may require.

116.  Monthly Pay BillsThe monthly pay bills of the establishment

of the market committee shall be supported either by an absentee statement in such form as may be specified by the Government or by a certificate in the bill that no leave has been granted to any member of the establishment.

117.  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 specified by the Government, shall be attached.

118.  Pay of Officer or servant lent by Government or other market committee: - The pay of an officer or servant lent by the Government to the market committee or transferred to it from any other market committee shall be drawn only alter the receipt of a last pay certificate (which shall be in such form as may be specified by the Government, 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 loan or transfer.

119.          Pay,  leave salary  and  allowances to deceased  officer and servant — Pay, leave salary and allowances may be drawn for the day of a man's death; the hour at which death lakes places does not affect the claim.

120.   Payments due to a deceased officer or servant — The payments due to a deceased officer or servant of the market committee shall not be made except on the production of an authority of ihe nature specified in.clauses (i), (ii), (iii). (iv) or (v) of sub-section (1) of section 214 of the Indian Succession Act, 1925:

Provided that payments may be made without the production of such authority:-

(i) to the extent of three hundred rupees under the orders of the Secretary 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 the title of the claimant and considers that undue delay and hardship would be caused by insisting on the production of such authority.

121. Last Payment of employee's pay and allowances — The last payment of an employee's pay and allowances or, in case he is finally quitting 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 Secretary shall be attached to the bill in which such pay and allowances or leave salary is claimed.

122.        Arrear Pay — Arrear of pay shall be drawn not in the monthly bill but in a separate hill which shall quote the bill from which the charge was omitted or withheld or in which it was refunded by deduction.

 

123.  Signing of pay bills — The pay bills shall be signed and passed by

the Secretary who shall be the Pay Drawing Officer for himself and all other

employees of the market committee.

124. Cheques in respect of payment of salary and fixed allowances The cheques in respect of payment of salary and fixed allowances shall not be issued before the first working day of the month 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 six days of a month are public holidays on which payments arc not made at the treasury or bank concerned, cheques may be issued on the last working day before the holidays.

125.        Responsibility of drawer of bill — The drawer of a 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 witliin thirty days from trie 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.

126.        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.

127.        Refund of revenueWhenever any refunds 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.

 

128.         Stamp  Account  A register of stamp  account  shall  he
maintained in such form as may be specified by the Government either by
general or special order. When any charges are incurred in a contingent bill
on account of purchase of stamps for postage, the Secretary or the Officer-in-
charge in the case of subordinate offices shall, before signing the contingent
bill, 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 he taken to see that the issue entries on account of
postage arc fully supported by the corresponding entries in the despatch
register. The balance shall be struck in Hie register and verified at the end of
each month by the Secretary or by an Officer-in-charge in the case of
subordinate offices, who shall certify to the verification in the register.

129.   Stationery AccountThe market committee shall maintain the
stationery account in such form as may be specified by the Government. The
purchase 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 issues  should be
acknowledged in the register hy 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.

130.         Purchase of hooks and periodicals: The market committee

may purchase books, periodicals and maps relating to matters concerning the market committee's activities subject to provision in the budget for the year.

131.  Law Charges(1) In respect of ail cases leading to disputes,
civil or criminal, where legal advice or representation in courts is necessary,
the  market committee  shall  seek  advice or entertain the services of
Government Pleaders. Public Prosecutors, Additional Public Prosecutors,
Pleaders doing government work or other Law Officers having jurisdiction
and appointed by the Government for the various courts. In cases where there
are more than one Law Officer having jurisdiction over the particular court
where the case is filed, the market committee may seek the advice or
entertain the services of such law officer as may be decided by the Collector.

(2)   The market committee may pay fees to counsel without the sanction of the Government in accordance with the following scale:-

(ij    in civil cases, the regulation fee or the fee allowed by the court,
whichever is higher; and                                             -

(ii)   in criminal cases ihe fee to be fixed with reference to the amount and the nature of the work involved, but subject to a maximum of


 

132.  Authority to sanction the payment of fees: (1) Whenever the
market committee proposes to pay fees in a civil case exceeding the regulation
lee or dial allowed by the Court but not exceeding if Rs.500/- the sanction of
the Director shall be obtained.

(2)    A market committee may with sanction of the Director pay fees

upto Rs.100/-

(i)  in each case for work done in examining the records and for

services rendered out of court, provided that no suit or case is instituted or

defence entered in continuation of such examination or of such services.

Where such suit or case is instituted or defence entered the provisions in rule

131 and sub-rule (1) shall apply; and

(ii) in each case in which the subject matter of the claim docs not admit of valuation.

133.        Permission to pay smaller fee— Where an application is made
under rule 132 for sanctioning any fee, the Director may, instead of granting
or refusing his sanction; permit the payment of such smaller fee as he may
think fit.

134.     SavingsNothing in rules 131 and 132 shall be deemed to restrict
the amount payable, in special cases, but when the limits fixed in the said
rules are proposed to be exceeded, the sanction of the Government shall be
obtained.

135.     Payment of fees to Pleaders : The provisions of rules 131 to 134
shall also apply in respect of payment of fees to Pleaders to obtain legal
advice and assistance.

136. Appointment of a Standing Counsel. — The market committee may with the previous sanction of the Government, appoint a standing counsel for a period not exceeding one year at a time on a fixed retainer for giving legal advice and for rendering service out of court in


connection with the legal a Hairs of the market committee in civil and criminal matters. If the standing counsel is appointed to conduct cases in the Court, he shall be paid regulation fee or fees allowable by the Court.]

137. Persons not eligible to continue as Standing Counsel.: No

person who has been appointed by the market committee as its standing counsel on a fixed remuneration shall be retained in its service after he has attained the age of sixty years or if he accepts employment elsewhere as a legal adviser against the market committee.

138. Appeal against the decision of the Civil CourtWhenever a market committee proposes lo prefer an appeal against the decision of a civil

court, the market committee shall —

(i) where the Government are not a party or where they are a party and their interests are not adverse to those of the market committee, obtain the opinion of the Government Pleader of the district if the appeal is to a muffusal court or the Government Pleader, High Court, if the appeal is to the High Court; and

(ii) where the Government are party and their interests are adverse to those of the market committee, obtain the opinion of any pleader other than the Government Pleader of the district, or the Government Pleader High Court, as to whether there are sufficient grounds for preferring the appeal and it shall not file the appeal unless so advised by the Government Pleader, or other Pleader, as the case may be.

139. Payment of fees to the Government Pleaders.:With the

sanction of the Director the market committee may pay fees to the Government Pleader or other pleader, as the case may be. upto Rs. 100 in each case for the opinion referred to rule 138 and may. in special case with the previous sanction of the Government, pay a higher fee. If the Government Pleader or other Pleader is entrusted with the filing and the conduct of the appeal in court, the total fee payable lo him for the opinion and for the filing and conduct of the appeal shall not exceed Rs.100 or the regulation fee whichever is higher, except with the previous sanction of the Government.

140.  Suits for recovery  of dues :The market committee shall
maintain a register in such form as may be specified by the Government
either by general or special order wherein the suits instituted, costs incurred,
suits disposed off in favour of or against the market committee and costs
awarded by the courts shall be recorded. 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 he transferred to the register for the ensuing year. The register shall be writ ion up 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.

141. Limits of expenditure on items of special nature (1) The

market committee, with the sanction of the Government may,

(a)       contribute a sum not exceeding rupees five hundred] towards the
opening ceremony of [he market committee, constituted for the first
lime or of an institution under the control of the market committee;

(b)                defray any other extraordinary charges;

Provided that the extraordinary charges so incurred shall not exceed Rs.500/-

(2) A market committee may incur expenditure towards preparation of address to the Governor, or a Minister of an amount not exceeding Rs. 100;

Provided that no charges shall be incurred on entertaining any Minister or any other V.I.P. or on the purchase of any casket for the presentation of address to him.

142.  Works — Invitation and disposal of tenders in respect of store and.
printing and for the execution of works;

(1)                The instructions issued by the Government from lime to time in
regard to the invitation and disposal of tenders for the execution of work and
in respect of stores and printing shall be followed.

(2)      The market committee shall be the authority to invite and accept
tenders for the works and in respect of stores and printing. The market
engineer shall be the authority to sanction estimates:

Provided that the market committee may authorise its Secretary to invite and accept the tenders in specific cases.

143.  Acquisition of lands and execution of works thereon : (1) The

land required for the market committee's purposes shall not be acquired otherwise than under the Land Acquisition Act, 1894. 2[unless the land is to be purchased at a rate negotiated by a Committee consisting of Revenue Divisional Officer or the Special Deputy Collector, if there is such a Special Deputy Collector for the land acquisition of the Market Yards, the Assistant Director of Marketing  and  the  Chairman of the  Agricultural  Market


Committee concerned, and the rate which has been so negotiated, has been finalised with the prior approval of the Director of Marketing.] In every case, where the consideration for the property is not less than Rs.75 an encumbrance certificate shall be obtained from the registration office in respect of such property and examined by the legal adviser of the market committee unless the nature of the transaction is such as will, by law, pass the property free of all encumbrances. No work shall be commenced on the land which has not been duly made over to the market committee. A register of immovable properties shall be maintained in such form as may be specified by the Government either by general or special order.

(2) Further, the acquisition, purchase and disposal of movable or immovable property shall be in a manner specified from time to time by Government.

144.  Register of estimates and  allotments : All estimates  and

allotments shall be in such form as may be specified by the Government either by general or special order. When a revised estimate is sanctioned, tiie entry relating to the original estimate shall be neatly scored through in red ink and entries pertaining to (he revised estimate made.

145. Deposits — (1) The deposits of a market committee shall be of
the following kinds, namely:-

(a)       Weighment’s deposits.

(b)       contractor's deposits for the due fulfilment of contracts.

(c)       security deposits of market committee servants,

(d)       unclaimed dues,

(e)       election deposits.

(f)    other miscellaneous items.

(2) The deposits shall be in cash or in such kind of securities as the Government may specify in this regard.

146. Items not to he 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 clearly 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.

147.         Register of deposits (1) (i) A register of deposits should he
maintained in such form as may be specified by the Government cither by
special or general order 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 upto 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 specified by the Government either by general or special order to show the amount of security required for each servant or officer and the amount furnished by each,

148. Refund of deposit — No deposit shall be refunded except under

the written orders of the Secretary, The orders, for refund shall be made on a deposit refund voucher in the specified form after the Secretary has satisfied himself by a reference to the appropriate register of deposits that the deposit is actually outstanding and that the Accountant has certified to that effect.

149.     Refund of election deposits The election deposits received at
the time of filing of nominations shall be refunded only under the orders of
the Election Authority.

150.     Credit of deposit to a revenue head of Account — At the end of

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

151.     Authority to sanction refund of deposit— No deposit credited lo
a revenue head under rule 150 shall be refunded except with the sanction of
the market committee obtained on an application preferred by the person
entitled to the refund.

152. Register of investments—The market committee shall maintain a
register of investments in such form as may be specified by the Government
showing the Government and oilier securities as well as any other investments

held by it as its property,


153.  Writing off of security and other investments: No .security or
other investments entered in [he register shall be written off unless and until
!t has been disposed off by sale or otherwise..

154.  Verification of security and other investments: The amount of
every such security and oilier investments shall be verified annually —

 

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

(b)       by the auditors at the lime of audit.

155. LoansThe market committee shall maintain, in such form as
may be specified by the Government either by general or special order, the
following accounts in respect of loans raised by it —

(i)    an account showing the receipts from the loans, the repayments thereof and the payments of interest, if any. thereon

(ii)   an account showing the manner of appropriation of the loans; and

(iii) a sinking fund account, where a sinking fund has been created for the liquidation of any non-Government loan.

156.  Diversion of earmarked funds : Where for a specific purpose ,

any loan has been raised, any contribution has been received or any fund has been earmarked, such loan, contribution or fund shall no! be diverted permanently or temporarily lo 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.

 

CHAPTER XI

SERVICE RULES FOR SECRETARIES OF MARKET COMMITTEES

157. Constitution(a) The service of the Secretaries to the Market
Committee shall consist of the following two classes, namely Class I and
Class II.

(b) Class I shall consist of the posts of Secretaries of the following grades namely—

(i)    Selection Grade Secretary to be appointed for a Market Committee with an annual income of thirty lakhs of rupees or above.


(ii) Special Grade Secretary to be appointed for a Market Committee with an annual income of fifteen lakhs of rupees or above but less than thirty lakhs of rupees ;]

(iii)The Selection Grade Secretary and Special Grade Secretary shall be in the scales of Rs. 2410-90-2950-100-4050, Rs. 198O-8O-27SO-90-3500.]

(c) Class II shall consist of the posts of Secretaries of the following grades, namely :-

(i) Secretary Grade I to be appointed for a Market Committee with annual income of Rs.35.00 lakhs and above but less than fifteen lakhs of rupees.

(ii) Secretary Grade II to be appointed for a Market Committee with annual income of five lakhs of rupees or above but less than ten lakhs of rupees and for assisting the Selection Grade Secretary.

(iii) Secretary Grade III to be appointed for a Market Committee with an annual income of two lakhs of rupees or above but less than five lakhs of rupees and for assisting the Special Grade Secretary.

(iv) Assistant Secretary in be appointed for a Market Committee with an annual income of Jess than two lakhs of rupees and for assisting Secretary Grade I.]

(v)The pay scales of the Secretary Grade I, Secretary Grade II, Secretary Grade III, and Assistant Secretary shall be Rs,181O-7O-2510-80-3230, Rs. 155O-7O-225O-8O-3O5O, Rs. 1330-60-1930-70-2630 and Rs.l 150-40-1510-50-2110 respectively].

Explanation:- (1) In computing the income, the average annual income of the Market Committee for preceding three years shall be taken into account.

 holders of the above posts shall be eligible for revision of scales of pay and selection grade scales of pay at the scales fixed in the case of officers and servants of the Government holding corresponding posts of corresponding scale of pay and in accordance with the orders issued by the Government from time to time, in that behalf.]


158.      Method of appointment:- appointment to the service shall

be made as follows:-

(1)    Class -1 Selection Grade Secretary -

(a) by promotion from among the Special Grade Secretaries with a minimum service of 2[two years[; or

(b)   by deputation from among the Deputy Directors of Marketing.

(2)    Special Grade Secretary, —

(a)                by promotion from among the Secretaries Grade-I with a minimum
service of not less than three years; or

(b)       by deputation from among the Assistant Directors of Marketing.

Note:- In the event of suitable and qualified personnel of the Market Committee are not available for promotion to the above posts, personnel of the Marketing Department shall be appointed on deputation till such time the Market Committee employees become qualified for promotion.

(1)   Class II (l) Secretary Grade -1

(a)                by promotion from among Secretaries Grade-H with a minimum
service of two years Grade - II; or

(b)       by deputation of Key  Marketing Superintendents,  Marketing
Assistants with a minimum service of three years:

(2)   Secretary Grade II,

(a) by promotion from among the Secretaries, Grade - III and office Superintendents with a minimum service of two years in Grade III and or Office Superintendents] or by transfer of Senior Market Superintendents:

(3)   Secretary Grade III, -

(a)    by direct recruitment through the Employment Exchange: or:

[Provided that the temporary employees working in the Agricultural Market Committees shall be allowed to register their names in the Employment Exchange as "employed persons'" by


    producing no objection certificates from the appointing authorities concerned and .seek direct recruitment to this post in Hie same Agricultural Market Committee or any other Agricultural Market Committee within the Zone concerned. Their names shall be sponsored by the Employment Exchanges subject to the rules governing such sponsoring.

(b)       by promotion from among the Assistant Secretaries and or the
Accountants with a minimum service of three years as Assistant
Secretary and or Accountants.

(c)                by transfer from the category of Upper Division Clerks, Price
Reporters, Grade-II, Grading Supervisors (Pre-revised scale of
Rs. 125-200) of the Marketing Department and the employees of the
Market Committee presently working as Assistant Secretaries in
the pre-revised scale of 180-375.

[Note I : For every four vacancies,] one post shall be filled up by direct recruitment.

[Note II: The Accountants who opt for promotion to the post of Office Superintendents shall not be eligible for promotion to the post of Secretary Grade III],

(4)   Assistant Secretaries —

(a)    by  direct   recruitment through  the Employment Exchange;  or
'[Provided that the employees working in Agricultural Market Committees
shall be allowed to register their names in the Employment Exchanges as
"employed persons7'   by  producing  no  objection  certificate  from  the

appointing authorities concerned and seek direct recruitment to this post in the same Agricultural Market Committee or any other Agricultural  Market

Committee within the Zone concerned. Their names shall be sponsored by the Employment Exchange subject to the rules governing such sponsoring.]

(b)    by  promotion  from  among  the  panel  of Market Committee
employees prepared for this purpose by the Director of Marketing from the
Categories of Upper Division Clerks, 3[Supervisors] and other equivalent

posts:

Provided that there shall be no direct recruitment till the existing incumbents appointed prior to 1st, January, 1965 in the categories mentioned


in (b) above have been promoted- to the post of Assistant Secretary from the panel already prepared;

(c) by transfer or deputation from the category of Assistant Market Superintendents and Junior Market Superintendents.

Note I:- The appointments by direct recruitment and promotion shall be in the ratio of 1 : 3.

Note II :- The appointments for the above categories on by transfer or deputation shall be made by when no qualified candidates are available for

promotion.]

Note III :- Rule of special representation - The rule of special representation specified in General rule 22 of the Andhra Pradesh State and Subordinate Service Rules, shall apply to the posts of Assistant Secretaries and Secretaries Grade - ITT by direct recruitment except in so far as it relates

to physically handicapped persons].

159. Unit for Appointments :- (a) For the purpose of recruitment by transfer or promotion from among the employees of the Agricultural market Committees. Assistant Secretaries and for purpose of promotion from Assistant Secretaries and Accountants to Secretary Grade-Ill and Office Superintendents, the following Zones comprising of districts specified against them shall form separate and independent unit :


Zone No.


District


 


Zone -1

Zone -

Zone - III


(1)       Srikakulam.

(2)  Vizianagaram.

(3)  Visakhapatnam,

(!) Nellore. (2) Cuddapah,

(1)       Hyderabad.

(2)  Ranga Reddy.

(3)  Warangal.

(4)  Kharamam,


(4)  East Godavari,

(5)  West Godavari,

(6)  Krishna.,

 

(3)  Kurnool

(4)  Anantapur and

(5)  Mahaboobnagar,
(fi)Medak

 

(7)  Adilabad

(8)      Nalgonda,


(7)       Guntur and

(8)       Prakasam

(5) Chittoor

(9)Karimangar; and

(lO)Nizamabad


(b) The entire State shall form one unit in respect of appointment by promotion or deputation to the posts of Seleclion Grade Secretary, Special Grade Secretary], Secretaries Grades I and II.


160. Appointing Authority :- The appointing authority shall be :-

(a) the Government in respect of ihe posts of Selection Grade Secretaries and Special Grade Secretaries].

(b) the Director in respect of other posts :

Provided that in respect of direct recruitment to the Category of Secretary. Grade - III and Assistant Secretary, the Director of Marketing shall appoint persons selected by a selection committee consisting of Secretary to Government, Food and Agriculture and the Director of Marketing].

161. Qualifications:- (1) No person shall be eligible for appointment to
the post mentioned in column (1) of the Table below by the method specified
in  column  (2)  unless  he  possesses  the qualifications  specified   in  the

corresponding entry in column (3) thereof :-

 

 

THE

TABLE

Category

Method of                             Qualifications Recruitment

(1)

(2)

(3)

3[1.  Selection

Grade Secretary

By promotion or deputation

(i) Degree of a University in India established or incorporated by or under Central Act, Provin-

cial Act or a State Act and Institutions recognised by the University Grants Commission;

(ii) Pass in Accounts Test for Subordinate Officers, Part-I conducted by the Andhra Pradesh Public Service Commission;

(iii)Pass in Marketing Departmen­tal Test (effective four years from the date the first test is held by the Andhra Pradesh Public Service Commission).


(1)


(2)


(3)


 


2.     Special Grade

Secretary

3. Secretary Grade-!

][4.]Secrelary Grade-II


By promotion or deputation

By promotion or transfer

 By promotion


(i) Degree of a University in India established or incorporated by or under Central Act, Provin­cial Act or Slate Act and insti­tutions recognised by the University Grants Commission;

(ii) Pass in Accounts Test for Subordinate Officers. Part-I conducted by the Andhra Pradesh Public Service Commission.

(iii)Pass in Marketing Depart­mental Test (effective four years from the date the first lest is held, by the Andhra Pradesh Public Service Commission).

Degree of a University in India established or incorporated by or under a Central Aci, Provin­cial Act or a Slate Acl and institutions recognised by the University Grants Comm­ission.

(i) Pass in S.S.L.C. or equivalent examination;

(ii) Pass in Accounts Test for Subordinate Officers, Part-I conducted by the Andhra Pradesh Public Service Commission.

(iii)Pass in Marketing Departmen­tal Test (effective lour years from the date the first test is


(1)


(3)


 


J[5.]Secretary Grade-Ill


(ii) By deputation or transfer

(i) By direct

recruitment


held by the A.P. Public Service Commission).

(i) Degree of a University in India established or incorporated by or under a Central Act, Provin­cial Act or a Stale Act and institutions recognised by the University Grants Comm­ission;

(ii) Pass in Accounts Test for Subordinate Officers, Part-1 conducted by the A.P.Public Service Commission; and

(iii)Pass in Marketing Departmen­tal Test (effective four years from the date the first test is held by the A.P. Public Service Commission).

(iv)Must have put in 3 years of service as Key Market Superin­tendent or Senior Market Superintendent or Marketing Assistant or Statistical Assistant or Grade-I Price Reporter. In the case of Office Superintendent in the Marketing Department, service for not less than five years is required.

(i) Degree in Agriculture, Econo­mics, mathematics, Statistics or Commerce of a University in India established or incorpo­rated by or under a Central Act, Provincial Act or a State Act & institutions recognised by the University Grants Commission.


J)


(2)


(3)


 


(ii) By promotion

(iii) By transfer


(ii) *[Age limit not to exceed 28 years on the date of appoint­ment].

(i) Pass in S.S.L.C., or its equiva­lent examinations;

(ii) Pass in Accounts Test for Subordinate Officers. Part-I conducted by the A.P. Public Service Commission;

(iii)Pass            in            Marketing

Departmental Test (effective four years from the date the first lest is held by the Andhra Pradesh Public Service Commission);

(iv)Experience of atleast three years in Agricultural Marketing.

(i) Degree in Agriculture, Econo­mics, mathematics, Statistics or Commerce of a University in India established or incorpo­rated by or under a Central Act, Provincial Act or a State Act and institutions recognised by the University Grants Commis­sion;

(ii) Pass in Accounts Test for Subordinate Officers; Part-I conducted by the Andhra Pradesh Public Service Commission;

(iii)Pass in Marketing Departmen­tal Test (effective four years from the date the first test is held by the A.P. Public Service Commission);


(1)


(2)


(3)


 


Assistant Secretary


(i) By Direct Recruitment

(ii) By promotion

transfer or deputation


(iv)Must have put in not less than three years of service as Upper Division Clerk, Price Reporter Grade-II or Grading Supervisor (pre-revised Scale of Rs.125-200) of Marketing Department.

(i) Degree of a University in India established or incorporated by or under a Central Act, a Provin­cial Act or a State Act and institutions recognised by the University Grants Commission;

(ii) :[Age limit not to exceed 28 years on the date of appointment.]

(i) Pass in S.S.L.C. or its equivalent examination.

(ii) pass in Accounts Test, Part-I conducted by the Andhra Pradesh Public Service commission.

(iii)Pass in Marketing Depart­mental Test (effective four years from the date oi the first test is held by the A.P. Public-Service Commission);

(iv)Must have put in at least three years of service in market Committee Service.


Note:- (0 In fixing seniority among the persons in the different categories eligible for transfer to the post of Assistant Secretary, the date of first appointment to that category shall be taken into consideration.

(ii) Government may exempt an employee from the educational qualifications prescribed for appointment as Secretaries and Assistant Secretaries except Secretaries, Grade-I.


(iii) The Temporary employees working in Agricultural market Committees who seek direct recruitment to the higher posts shall be allowed to deduct the length of service under the Agricultural market Committee concerned upto a maximum of 5 years for the purpose of maximum age limit.]

(2) Nothing contained in this rule shall operate to the disadvantage, in so fur as first promotion after the date of issue of the rules is concerned; of those already in service on the said date provided they hold such qualifications as were necessary under the rules in existence before the coming into force of those rules.

162. Probation. - Every person appointed to the service shall, from the date of his joining duty, be on probation for a total period of one year on duty within a continuous period of two years.

163. Suspension or termination or extension of probation. - (1) At

any time before the expiry of the prescribed period of probation or the extended period of probation, as the case may be, the appointing authority may :

fi) Suspend the probation of a probationer and discharge him from service for want of vacancy; or

(ii) at its discretion, by order, either extend the period of probation of the probationer in case it has not been extended under rule 165 or 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;

Provided that where a probationer has been given a reasonable opportunity of showing cause against the imposition on him of any of the penalties in clauses (iv), (vi) and (vii) of rule 171 and at the conclusion of the disciplinary proceedings, a tentative conclusion is arrived at to terminate his probation, a further opportunity of showing cause specially against termination of his probation need not be given to him.

Explanation :- An opportunity to show cause may be given after the appointing authority arrives at a provisional conclusion of the suitability or otherwise of the probationer for the full membership of the service, either by such authority by himself or by the Secretary authorised in this behalf.

(2) any person who is discharged from the service under sub-rule (1) shall, if he was appointed to the service by promotion from any post in the service or by transfer from anther service, be reverted to such post or service.

 

164. Probationer's suitability for full membership:— (1) At the end of the 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 or 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 165, by order, discharge him from the service or revert him to his original post.

Explanation:— (1) The decision of the appointing authority that the probationer is not suitable for full membership may be based also on his work and conduct till the date of the decision, inclusive of the period subsequent to the prescribed or extended period of probation.

Explanation:— (2) An opportunity to show cause may be given after the appointing authority arrives at a provisional conclusion of the suitability or otherwise of the probationer for full membership of the service, either by such authority itself or by a subordinate authority which is superior in rank to the probationer.

165.   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 whether 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 duty in such category. In case 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 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.

166.   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 his probation. '[The Assistant Director
of Marketing concerned shall be the authority to sanction the annual increment.

 

167.  Seniority:— The seniority of a member of the service in each grade or class shall be determined by the date of his first appointment to the grade or class. When the date of appointment to the grade or class is the same for two or more members, their seniority inter se shall be according to their seniority in the immediately lower category from which they are promoted and if they are promoted from different categories, it shall be determined by
the appointing authority.

168.  Posting and Transfers:— (1) Secretaries. Grade I and II, shall be liable for transfer to any part of the State of Andhra Pradesh and posting, and transfer shall be made by the Director.

(2) Secretaries, Grade III, and Assistant Secretaries shall be liable for transfer to any part of the Zone in which they are employed:

Provided that the Director may, for special reasons, transfer them to any part of the State on administrative grounds.

169. Travelling and other allowances:— The travelling allowances and other allowances and conditions of their payment shall be the 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.

170.  Provident Funds:— The members of the service may subscribe to a provident fund under the provisions of the Provident Fund Rules.

171.  Penalties:— The following penalties may, for good and sufficient
reasons, be imposed on the members of the service, namely:—

(i) censure, (ii) withholding of increment or promotion,

(iii) reduction to a lower rank in the seniority list or to a post of time scale, or to a lower stage in a time-scale,

(iv) recovery from pay of the whole or part of any pecuniary loss caused to the market committee or to Government by negligence or breach of orders.

(v) removal from service, (vi) dismissal from service.

Explanation:— The discharge of a person appointed on probation during or at the end of the period of probation does not amount to removal or dismissal within the meaning of this rule.

The penalties referred to in items (i). (ii) and (iv) may be imposed by the Director, '[or by any officer not below the rank of an Assistant Director of Marketing as may be authorised by him in this behalf] and those referredto in items (iii), (v) and (vi) shall be imposed by the Director or the Government, as the case may be, whoever is the appointing authority.

172. Reasonable opportunity:— (1) (a) In every case where it is proposed to impose on a member of the service any of the penalties mentioned in Items (iii), (v) and (vi) of Rule 171, the grounds on which it is proposed to take action shall, except where such action is proposed to be taken on the facts which have led to his conviction in a criminal Court, be reduced to writing in the form of a definite charge or charges which shall be communicated to the person charged together with a statement of the allegations on which each charge is based and any other circumstances which is proposed to take into consideration in passing orders on the case. He shall be required within a reasonable time to put in a written statement of his defence and state whether he desires an oral enquiry or only to be heard .in person. At that enquiry, oral evidence shall be heard on such of the allegations as are not admitted and the person charged shall be entitled to cross-examine witnesses, to give evidence in person and to have such witnesses called as he may wish, provided that the officer conducting the enquiry may, for special and sufficient reasons to be recorded in writing, refuse to call a witness. After the enquiry has been completed the person charged shall be entitled to put in, if he so desires, any further written statement of his defence. If no oral enquiry is held and he had desired to be heard in person, a personal hearing shall be given to him. The proceedings shall contain a sufficient record of the evidence and a statement of the findings and grounds thereof.

(b) After the enquiry referred to in Clause (a) has been completed and after the appointing authority has arrived at a provisional conclusion in regard to the penalty to be imposed, the person charged shall be supplied with a copy of the report of the enquiring authority and shall be called upon to show. cause, within a reasonable time not ordinarily exceeding one month, against the penalty proposed to be inflicted. Any representation in this behalf submitted by the person charged shall be duly taken into consideration before final orders are passed.

(2)   In every case where it is proposed to impose on a member of the service any of the penalties mentioned in Items (i), (ii) and (iv) of Rule 171, he shall be given a reasonable opportunity of making any representation that he may desire to make and such representation, if any, shall be taken into consideration before the order of imposing the penalty is passed.

(3)   The requirements of sub-rules (I) and (2) shall not apply when the person concerned has absconded or where it is for other reasons impracticable to communicate with him.

(4)   The appointing authority may place under suspension any member of the service pending enquiry into grave charges    where such suspension is necessary in public interest.


173.    Appeals:— A member of the service shall be entitled to appeal to the Government against any order imposing punishment under Rule  172 and such appeal shall be preferred by him, within two months of receipt of the orders, through the Director giving all material particulars.

174.  Service and confidential records:— (a) The Director shall maintain the service records of non-gazetted Government servants, and employees, of Market Committees appointed as '[Secretary, Grade-I, Grade-II, Grade-UIi Office Superintendents, Assistant Secretaries and Accountants].

(b) The service records of gazetted employees of a Government service appointed as Secretaries, Grade-I of Market Committees shall be maintained by the Accountant General, Hyderabad

(2)(a) The confidential reports of the Secretaries and Assistant Secretaries

of market committees mentioned in Clause (a) of sub-rule (1) shall be written by the Chairman of the Market Committee concerned. The reports written by the Chairman of the Market Committee shall be countersigned by the Director who shall add his own observations and maintain them.

(b) The confidential reports of the Secretaries of market committees mentioned in Clause (b) of sub-rule (1) shall be written by the Chairman of the market committee concerned. The reports written by the Chairman shall be'countersigned by the Director who shall add his own observations and the reports maintained by the Government.

175.  Leave:— (1) The  rules  relating to  casual  leave  applicable to Government servants and the Andhra Pradesh Leave Rules,  1933 applicable to Government servants shall, in so far as they are applicable, govern the members of the service.

(2) The Chairman shall be the authority competent to grant casual leave to the Secretary and -[the Director or any officer authorised by him in this behalf] competent for the grant of other kinds of leave but shall consult the market committee in such cases. Whenever a short vacancy in the post of Secretary arises, the Director may direct any member of the staff of the market committee to hold additional charge of the post.

176.  Savings:— (1) The existing four categories of Market Superintendents in Telangana area will continue in the Department in the additional posts to be created  in the Department of Marketing for showing their liens  in the Department and shall work in the posts of market committees on deputation in the category noted against each:

Key Market Superintendents:— On deputation as Grade II Secretary.

 

Senior Market Superintendents:— On deputation as Grade ITI Secretary.

Junior Market Superintendents, Assistant Market Superintendents: On deputation as Assistant Secretary.

(2)   The resultant vacancies arising in the market committees in Zone III due to promotion of the existing market superintendents in different cadres shall be filled in only by promotion of lower category of market superintendent to higher category and there shall be no direct recruitment or recruitment by transfer from any other category to such vacancies.

(3)   The following posts under the market committees (carrying the pay scale of Rs. 180-375 and Rs. 150-300, Rs. 150-270, Rs. 130-250 and Rs. 125- 220) are equated with the posts noted against each:—

 

 

 

              Existing Post                                       Post with which equated


 


1.     Asst. Secretary (Rs. 180-375)

2.(a) Senior Inspector of Licensed premises at Guntur Market Committee (Rs. 150-300)

(b)    Inspector of licensed premises at Guntur Market Committee (Rs.   3 50-300)

3.      Market Inspector at Market Committee, Hyderabad (Rs.   150-300)


Grade III Secretary

(Rs.  200-12-320-16-400)


 


4.                     Superintendent in Market Committee
in Andhra (Rs.  125-220)

5.                     Head Clerk, Head Accountants in the
Market Committees in Andhra

(Rs.   125-220)


Assistant Secretary (Rs.   160-10-260-12-320)


 


6.

7.

8.

[9.


Inspector of Licensed Premises at Adoni (Rs.   125-220)

Manager, Information Bureau at Guntur (Rs.  130-250)

'[Market Inspectors in Telangana Region (Rs.   120-220)]

Accountants and Internal Auditors in Telangana Region (Rs.   125-200)]


Assistant Secretary (Rs.   160-10-260-12-320)


Note:— In fixing the seniority of the candidates among the two categories ie., Grade III Secretary and Assistant Secretary after equation as mentioned


above, the pay drawn after re-fixation in the equated post respectively will be taken as the basis.

(4) Nothing in these rules shall adversely affect the rights and privileges acquired by any member of the service under the rules in force before coming into force of these rules.

 

CHAPTER-XII

177. Constitution of Service: The service shall consist of the fol lowing categories of employees with the scale of pay noted against each:

'[SI.No.        Name of the post                       Scale of the post

1                              2                                                  3

01.

Office Superintendent

02.

Supervisor

03.

Accountant

04.

Upper Division Clerk

05.

Lower Division Clerk

06.

Computor

07.

Bid Clerk

08.

Grader

09.

Assistant Market Supervisor

10.

Typist

11.

2[(a)  Driver (Light Vehicles)

 

(b)     Driver (Heavy Vehicles)

12.

Watchman

13.

Attender (Peon)

14.

Engineering Supervisor

[I4A.

Executive Engineer

14B.

Dy.  Executive Engineer

14C.

(a) Asst.  Executive Engineer

 

(b) Asst.  Engineer

15.

Overseer

16.

Maistry

Rs.    410-18-590-20-750

Rs.    310-14-380-15-560

Rs.     340-16-532-18-640

Rs.    310-14-380-15-560

Rs.    250-10-430

Rs.    250-10-430

Rs.    250-10-430

Rs.    250-10-430

Rs.    250-10-430

Rs.    250-10-430

Rs.    240-10-420

Rs.    260-10-340-11-450]

Rs.    165-5-190-6-250

Rs.    165-5-190-6-250

Rs.    430-20-650-25-800

Rs.    4400-8700

Rs.    3640-7580

Rs.    3110-6380

Rs.    2600-5580J

Rs.    290-11-400-15-520

Rs.    175-8-255-9-300]

 

All the holders of the above posts shall be granted dearness allowance and other compensatory allowance at the rate fixed on the basis of their salaries and scale of pay as in the case of officers and servants of the Government


holding corresponding posts and in accordance with the orders issued by the Government, from time to time, in that behalf.

All the holders of the above posts shall be eligible for revision of scale of pay and selection grade scales of pay at the scales fixed in the case of officers and servants of the Government holding corresponding posts or corresponding scale of pay and in accordance with the orders issued by the Government, from time to time, in that behalf].

Type-writing special pay shall be paid to the typist with higher grade qualifications at the rates fixed by the Government.

The post of Accountant shall be a distinct category in Market Committee Service, similar to that of Assistant Secretary in Market Committee Secretaries Service. The post of Accountant shall be assigned to the senior most eligible candidate in the common seniority list based on seniority and qualification under Rule 180 among the categories of Accountant, U.D. Clerks and Supervisors who were appointed prior to the 10th December,   1975.]

The categories of posts created and existing now under the Andhra Pradesh (Andhra Area) Commercial Crops Markets Act, 1933 and the Andhra Pradesh (Teiangana Area) Agricultural Market Act, 1339 F., shall be equated with the suitable categories of posts as shown in the Table below:—

Statement showing the equation of posts under the Andhra Pradesh (Agricultural Produce and  Livestock) Markets Act,  1966

 

SI.      Post under the

Post under the

Post equated with

No.    Andhra Pradesh/

Andhra Pradesh

the post under the

(Andhra Area)

(Teiangana Area)

Andhra Pradesh

Commercial

Agricultural

(Agricultural Produce

Crops Market

Markets Act

and Livestock)

Rules

and Rules

Markets Rules, 1969

 

 

(See Rule 177)

1                   2

 

4


I.    Propaganda and Publicity Assistant (Rs. 125-5-150-7-7, -180)

2.   Supervisor

(Rs. 110-4-130-5-150-7-'/2-180)


The present incumbent will continue without change in the designation under Rule 196 till he is absorbed by promotion as Assistant Secretary or till he vacates post by way of retire­ment, dismissal, etc.

Supervisor

(Rs, 120-8-205-9-250)


1


2


4


 


3.          Assistant Accountant.
(Rs. 125-5-155 -7-1/,
- 200)

4.          Senior Clerk and
Upper Division
Clerk (Rs. 125-5-
155--'/,-200)

5.          Engineering Super­
visor (Rs. 180-10-

280-15-400)

6.       Overseer

(Rs. II0-4-130-5-150-7-V2- 180)

7.       Lower Division
Clerk

(Rs. 80-4-100-5-150)

8.       typist.

(Rs. 80-4-100-5-150)

9.    Weighing Inspector and Propaganda Inspector. (Rs.80-4-100-5-150)

10.           Statistical Inspector
(Rs. 80-4-100-5-180)

11.           Attenders, Stamping
Smith, Market
Maistries, Road
Maistry

(Rs. 55-1-60-2-70)

12.           Motor Driver
(Rs. 70-2-100)

13.           Defedar.

(Rs. 55-1-60-2-70)


Accountant

(Rs. 125-5-155-7- V2

-200)

Sub-Overseer

(Rs. 110-4-130-5-

150-7 -72- 180)

Lower Division

Clerk (Rs. 80-4-100-5-150)

Typist,

Typist-cum-Clerk. (Rs. 80-4-100-5-150) (Rs. 80-2-90-3-120)

Senior Aklekar (Rs, 80-4-120) Junior Aklekar (Rs. 70-2-100)

Van Driver (Rs. 70-2-100)


Accountant

(Rs. 140-9-230-10-280)

Upper Division Clerk (Rs. 140-9-230-10-280)

Engineering Supervisor

(Rs. 200-12-320-16-400)

Overseer

(Rs. 125-8-205-9-250)

Lower Division Clerk

(Rs. 90-4-130-6-160)

Typist

(Rs. 90-4-130-6-160).

'[Assistant Market

Supervisors

(Rs. 90-6-150-7-192).

Computor

(Rs. 90-4-130-6-160)

Maistry

(Rs. 60-2-80-3-95)

Driver (Rs. 80-4-120-6-150)

The present incumbent shall continue without change in des­ignation under Rule 196 till he vacates the post on account of retirement, dismissal, etc.

 

12                        3                                         4

14.      Peon, Office Boy,    Peon, Mali, Farash      Peon (Rs. 60-2-80-3-95)
Sweeper, Mali,                (Rs. 50-1-59-2-65)

Gardener and other last grade Employees (Rs. 50-1-59-2-65).

15.      Watchman             Chowkidar          '[Watchman].
(Rs. 50-1-59-2-65)          (Rs. 50-1-59-2-65)      (Rs. 60-2-80-3-95)

178. Appointment:— 2[(l)P[(a)] Appointments to the service in different categories shall be made by direct recruitment or by promotion or by transfer from the eligible category within the Revenue District 4[except Office Superintendents and Accountants for whom Zone shall be the unit]:

4[Provided that the candidates appointed by direct recruitment shall be sponsored by the Employment Officer of the Local Employment Exchange on requisition by the Committee or by the Director of Marketing;]

5[Provided further that the temporary employees working in the Agricultural Market Committees shall be allowed to register their names in the Employment Exchanges as "employed persons" by producing the no objection certificate from the concerned appointing authorities and seek direct recruitment to the higher posts in the same Market Committee or any other Market Committee within the revenue District for all the posts except the post of Accountant for which the Zone concerned shall be the Unit.]

3[(b) The revenue District shall be the unit of appointment for all the categories of posts mentioned in Rule  177.

(c) The Assistant Director of Marketing shall be the authority to prepare the seniority list, for all the eligible categories under Rule 177, 3[except the categories of Office Superintendents and Accountants] for appointment by promotion to the posts mentioned in Rule 177. He shall prepare the list in accordance with Ruie 198. When any vacancy arises, the Chairman shall obtain the list from the Assistant Director of Marketing and appoint the senior most person.]

 Director of Marketing shall be the authority to prepare the seniority list of office Superintendents and Accountants],


'[(2) Rule of special representation: The rule of special representation specified in General Rule 22 of Andhra Pradesh State and Subordinate Services Rules shall apply in the case of all appointments to a service, class or category of posts in the Market Committee Service by direct recruitment except in so far as it relates to physically handicapped persons for the executive posts.

Explanation: The executive posts include the posts of Supervisors, Bid Clerks, Assistant Market Supervisors, Drivers, Watchmen, Engineering Supervisors, Overseers and1 Maistries.

(3) The rule of special representation in the Market Committee Service shall come into force with effect from 8th April,  1974.]

2[179. Appointing Authority:— (l)(a) the appointing authority for the posis of Office Superintendent Accountant, Assistant Executive Engineer and Assistant Engineer shall be Director of Marketing ;

(b) the appointing authority for the posts of Executive Engineer and Dy. Executive Engineer shall be the Government.

(2) The appointing authority for all other posts shall be the Chairman, Market Committee :

Provided that in respect of Director Recruitment to the categories of Accountant, Asst. Executive Engineer and Assistant Engineer, the Director of Marketing shall appoint persons selected by the selection committee consisting of Additional Director of Marketing and Superintending Engineer (Marketing) of the Directorate of Marketing in case of Assistant Executive Engineers/ Assistant Engineers, arid the Additional Director of Marketing and the concerned Regional Joint Director of Marketing for Accountants.]

180. Qualifications: No person shall be eligible for appointment to the category specified in column (1) and by the method specified in column (2) of the Table below unless he possesses the qualifications specified in the corresponding entry in column (3) thereof:

THE TABLE

Category            Method of                       Qualifications

Recruitment

1. Office         By promotion          [(i)   Must have put in not less than

Superintendent   from  [x x x]               3 years as Accountant;]


 

1                               2                                       3

(ii) A pass in Accounts Test for Subordinate Officers. Part-I conducted by the Andhra Pradesh Public Service Commission.

'[Note:— Accountants who opt for promotion as Secretary, Grade-Ill in the Secretaries Service shall not be eligible for promotion as Office Superintendents],


2[2] Accountant    (i)  By promotion and if no such eligible candidate is available.


(i)

 


   Must have put in a total service for not less than 3 years in category 5 or 10 or both; A pass in Accounts Test for Subordinate Officers. Part-I conducted by the Andhra Pradesh Public Service Commission.


(ii) By transfer from category 4

                      

 

 

 

                        (iii) By direct recruitment              (i) Age limit not exceeding 28 years                                                                                       on the date of appointment

(ii) Pass in Intermediate Examination or its      equivalent Examination of

 the university in the State of Andhra Pradesh;

(iii)Pass in the Government Technical Examination in book-keeping.

4[Note:— U.D.Clerk and Supervisor who opt for the posts, of Assistant

secretary shall not be eligible for promotion as Accountant.]


3. Supervisor


(i) By promotion and if no eligible candidates are available.

(ii) By direct recruitment.


(i)


Must have put in a total service of not less than 3 years in any of the categories 5 or 10 or both.

3[Age limit not exceeding

28   years   on   the   date   of

appointment];

Pass  in   Intermediate  or  its equivalent examination]


4. Upper         (i)  Bypromotion                 (i)Must have put in a total service

Division                and if no eligible            of not less than 3 years in any

Clerks                  candidates are               of the categories 5 or 10 or both;

                           available.                     

                                                               (ii)A pass in Accounts Test for

                                                               Subordinate Officers, Part-I

                                                               conducted by the Andhra Pradesh

                                                               Public Service Commission.

                       (ii)By direct                       (i) Age limit not exceeding

                         recruitment.                    28   years   on   the   date   of

                                                               appointment;

                                                               (ii)Pass   in   Intermediate  or   its

                                                               equivalent examination;

                                                               (iii)Pass in Government Technical

                                                               Examination in Book-keeping.

5. Lower  (i)         By promotion.               (i) Must have put in a total service

Division                                                        of not less than 2[3] years as

Clerks.                                                       maistry;

6. Computor.                                            (ii)        A pass in Intermediate or its

7. Bid Clerk.                                             equivalent examination.

8. Grader.                        (ii) By direct                 (i)         '[Age limit not. exceeding 28

9. Assistant          recruitment.                              years on the date of

Market                                                                 appointment];

Supervisor.                                               (ii)        Should possess the Minimum

                                                                           General Educational

                                                                           qualifications defined in the

                                                                           Andhra Pradesh State and

                                                                           Subordinate Services Rules.

10. Typist.            (iii) By direct                 (i)         '[Age limit not exceeding 28

                              recruitment.                           years on the date of appointment];

                                                               (ii)        Pass   in   Intermediate   or  its

                                                                           equivalent examination;


1                               2                                                     3

(iii) A pass in the Government Technical Examination in Typewriting by the Lower Grade.

'[(ii) By Promotion                        2[(i)   Must have put in a total service

of not less than three years as Maistry (J.M.S) or as Watchman/ Attender in the absence of eligible and qualified J.M.S;

(ii) Pass in Intermediate or its equivalent examination;

(iii) A pass in the Govt. Technical Examination in Typewriting by the Lower Grade.]

Preference shall be given to those having a certificate in stenography of the Government technical examination.

Preference shall be given to those who possess Telugu Typewriting qualification on Government Standard Key Board.

Preference shall also be given to those having a ceitificate in Typewriting by the Higher Grade.

11. Driver       By direct                                        (i)   Age limit not exceeding 30 years

                      recruitment                                    by the 1st July of the year of

recruitment;

(ii) A pass in VII class in a recognised school, preferance being given to candidate having studied upto Intermediate;

(iii) Experience as a driver for not less than 3 years, should possess a driving licence. Provided that a person appointed to the post shall produce a special medical certificate about eyesight and


 


12.  Watchman

By direct recruitment.

13. Peon.

  By direct                 recruitment.

14. Engineering (i) By direct Supervisor.        recruitment.

(ii) By promotion from among Overseers.


hearing capacity which must also be renewed once in every three years. They shall also obtain licences at their own expenses.

(i) Age limit not to exceed 30 years by the 1st July of the year of recruitment;

'[This will not be applicable in the case of persons who have already been working as contingent staff of Agricultural Market Committees for not less than five years];

(ii) Must be able to speak Telugu or the language of the district.

(i) Age limit not to exceed 30 years by the 1st July of the year of recruitment;

'[This will not be applicable in the case of persons who have already been working as contingent staff of Agricultural Market Committees for not less than five years];

(ii) Must be able to read and write Telugu or the language of the District:

2[Age limit not exceeding 28   years   on   the   date

(iii)   Must be able to ride a bicycle, (i) of appointment];

(ii) Must possess a diploma in Civil Engineering (L.C.E). Preference shall be given to graduates in Engineering (Civii).

Must have put in atleast 3 years service as an Overseer.


(iii) By employment

of retired Engineering personnel with previous sanction of Government.

(iv) By deputation

.Executive (i) By promotion from (i)
Engineer     the category of Dy.

Executive Engineer

 

(ii) By deputation of Executive  Engineer from Marketing Department (Govt. Service) if no eligible or suitable candidate is available by method (i) above.

!4B.Dy.Executive(i) By promotion of     (i)
Engineer     Asst, Executive

Engineer/Asst. Engineer


Must have retired atieast as a Supervisor.

On deputation from Public Works Department.

Must have put in a Service of not less than five years as Dy. Executive Engineers ; and

Must have passed the Accounts Test for Public Works Department Officers and Subordinates conducted by the Andhra Pradesh Public Service Commission.

Must have been working as an Executive Engineer in Marketing Department,  (Government).

Must possess a degree or a Diploma in Civil Engineering or its Equivalent.

Must have put in service as Asst. Executive Engineer for a period of not less than three (3) years or as Asst. Engineer, or in an equivalent post for a period of not less than five (5) years ; and

Must have passed the Accounts Test for Public Works Department, Officers and Subordinates conducted by the Andhra Pradesh Public Service Commission.

 

 

(ii) By deputation

14C.(a)Assistant (i) By direct
Executive    recruitment

Engineer

(ii) By deputation of Asst. Executive Engineer from marketing Dept., (Govt. Service)

(b) Asst. Engineer

(i) By promotion of draughtsman Gr.I Overseer


By deputation of Deputy
Executive Engineer from
Marketing   Department

(Government Service), if no eligible or suitable candidate is available by method (i) above.

Note: The appointment under method (i) above shall be made in the ratio of 3:2 between the Asst. Executive Engineers and

Asst. Engineers respectively.

(i)   Must possess a degree in Civil Engineering or an equivalent.

(ii) Must not have competed 28 years of age as on the 1st July of the year in which the recruitment is made;

Note:— A person recruited lo the post shall pass the Accounts Test for Public Works Department Officers and subordinates conducted by the A.P, Public Service Commission within the period of probation.

Must have been working as Asst. Executive Engineer in the Marketing Department {Govt Service).

(i)   Must possess a Diploma in Civil Engineering Awarded by the State    Board    of   Technical Education,     Government of Andhra Pradesh or an equivalent qualification.

(ii) Must have put in service as. Overseer Draughtsman Grade I for a period not less than five years.


15.


 

Must have been working as Asst. Executive Engineer in the Marketing Departments. (Govt. Service).

(ii) By deputation from Marketing Deptt., (Govt. Service) if no eligible or suitable candidate is available by method (i) above

(iii) By direct recruitment             (i)Must possess a degree in Civil Engineering or any other equivalent qualification in Engineering or a First Class L.C.E. Diploma awarded by the State Board of Technical Education, Government of A.P., an equivalent qualification.

(ii)   Must not have completed 28 years of age on the 1st day of July of, the year in which selection for appointment is made.

Note:-(i) 3:1 ratio for appointment to the post of Asst. Engineer by promotion and by Direct recruitment respectively.

(ii) A person recruited to the post shall pass the Accounts Test for Public Works Depart meat-Officers and Subordinates conducted by the APPSC, within the period of probation.]

(i) By direct        (i)   '[Age limit not exceeding 28

recruitment.                 years on the date of appointment];

(ii) Must possess a diploma in Civil Engineering (L.C.E). or a pass in the Upper Subordinate Course in Civil Engineering in any recognised University.


____ 2_______________________________ 3_______________

(ii) By employment                                  Must have retired atleast as

of retired Engineering      Overseer, personnel with previous sanction of Government.

(iii) By deputation.                                    On deputation from Public Works

Department.

'[Age limit not exceeding 28 years on the date of appointment]; Must have pased VII Class;

Must be able to ride a bicycle.

Must have put in a total service of not less, than 5 years in the category of peon or watchman;

(ii)                Must have passed VII Class.

 

2[Note:— The appointments by promotion and direct recruitment shall be in the ratio of i:l to the categories 5,6,7,8,9 and 16 i.e., 1st vacancy shall be earmarked for promotion and 2nd vacancy for direct recruitment.

Note:— In respect of the temporary employees working in the Market Committees who seek direct recruitment to the higher post shall be allowed to deduct the length of service under the Market Committee concerned upto a maximum of 5 years for the purpose of maximum age limit].

181.  Probation:—(I) Every person appointed to a category shall from
the date on which he joins duty be on probation for a total period of two
years, on duty within a continuous period of three years, if he is appointed
by direct recruitment and for a total period of on duty within a continuous
period of two years, if he is appointed by promotion or by transfer.

(2) Lower Division Clerk, Typist, Computor, Bid-Clerk, Assistant Market Supervisor and Grader after having satisfactorily completed the period of probation, shall be eligible for appointment by conversion from one post to another if he is qualified and suitable for such appointment].

182. Suspension or termination or extension of probation:-(l) At any

time before the expiry of the prescribed 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 the service for want of a vacancy;


(ii) at his discretion, by order, either extend the period of probation of the probationer in case the probation has not been extended under Rule 184 or terminate the probation and discharge him from service after giving him a reasonable opportunity of showing cause against the proposed action:

Provided that where a probationer has been given a reasonable opportunity of showing cause against the imposition on him of any of the penalties in Clauses (iv), (vi) and (vii) of Rule 196 and at the conclusion of the disciplinary proceedings, a tentative conclusion is arrived at to terminate his probation, a further opportunity of showing cause specially against termination of his probation need not be given to him.

Explanation:— An opportunity to show cause may be given after the appointing authority arrives at a provisional conclusion on the suitability or otherwise of the probationer for the full membership of the service, either by such authority by himself or by the Secretary authorised in this behalf.

(2) Any person who is discharged from the service under sub-rule (1) shall, if he is appointed by promotion from any post in the service or by transfer from any other service be reverted to such post or service.

183. Probationer's suitability for full membership:— At the end

of the prescribed period of probation or the extended period of probation, as the case may be, the appointing authority shall consider the probationer's suitability for full membership of the service or category to which he was appointed.

(2)   If the appointing authority decided that a probationer is suitable for such membership, it shall, as soon as possible issue an order declaring the probationer 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 or the 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 184 by order discharge him from the service or revert him to his original post after giving him a reasonable opportunity of showing cause against the action proposed to be taken against him:

Provided that where a probationer has been given a reasonable opportunity of showing cause against the imposition on him of any of the penalties and at the conclusion of the disciplinary proceedings, a tentative conclusion is arrived at to terminate his probation, a further opportunity of showing cause specially against termination of his probation need not be given to him.


Explanation I:— The decision of the appointing authority that the probationer is not suitable for fiill membership may be based also on his work and conduct till the date of the decision, inclusive of the period subsequent to the prescribed or extended period of probation.

Explanation 2:An opportunity to show cause may be given after the appointing authority arrives at a provisional conclusion on the suitability or otherwise of the probationer for full membership of the service, either by such authority himself or^ by the Secretary.

Explanation 3:— Where the appointing authority proposes to terminate the probation of a member of the service for unsatisfactory work or incapacity without the need for enquiry into specific charges, he shall do so under Rule 182 or this rule, as the case may be. In cases where he proposes to terminate the probation of such a member for specific charges, in addition to or distinct from general inefficiency or incapacity, he shall frame specific charges and follow the detailed procedure laid down in sub-rule (2) of Rule 199.

184.  Extension of Probation:— In the case of any probationer falling under sub-rule (2)  of Rule   183 the  appointing authority may extend his probation. Such extended period of probation shall terminate at the latest where the probationer has, after the date of expiry of the period of probation for the category, completed one year of duty 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 by only 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.

185.  Appeal against discharge:— (1) A probationer who is discharged under Clause (ii)  of sub-rule (1) of Rule   182  or under sub-rule (3) of Rule 183 shall be entitled to appeal against the order of discharge passed by the competent authority to the authority to which and within, the period of limitation within which an appeal would lie against an order of dismissal passed by the competent authority against a full member of the service, class or
category, as the case may be.

(2) The authority competent to entertain an appeal under sub-rule (I) may, either of its own accord or otherwise, revise any order discharging a probationer under the provision referred to in the said sub-rule, within one year of the date of such order.

(3)(a) When an order discharging a probationer is set aside on appeal under sub-rule (1) or on revision under sub-rule (2) of this rule and the probationer is restored to the service, the period, on and  from the date of


discharge to the date of such restoration may, with the previous sanction of the Director, be treated as on duty except for purposes of probation. The period of probation undergone by such probationer at the time of his discharge shall however, count towards the period of probation prescribed.

(b) Such probationer may, during the period on and from the date of his discharge to the date of his restoration be paid, such pay and allowances not exceeding the pay and allowances to which he would have been entitled if he had not been discharged as the authority passing the order under sub-rule (1) or sub-rule (2) may decide with the previous sanction of the Director.

186. Discharge and re-appointment of probationers and approved probationers:— (1)  Probationers  and  approved   probationers   if they  are discharged for want of vacancies shall take their turn in the following order-First, the probationers in the order of juniority, and then the approved probationers in the order of juniority.

(2) Approved probationers who have been discharged for want of vacancies shall be re-appointed as and when vacancies arise in the order of their respective seniority, unless they have been absorbed in. other market committees.

187.   Right  of approved   probationers  and   probationers   to   re- appointment:— A vacancy in any category of the service shall not be filled by the appointment of a person who has not commenced his probation therein when an approved probationer or a probationer therein is available for such appointment.

188.   Appointment of full members:— An approved probationer shall be appointed to be a full member of the service in the category for which he was selected at the earliest possible opportunity in any substantive vacancy which may exist or arise in the permanent cadre of such category, and if such vacancy existed from a date prior to the issue of the order of appointment,
he may be so appointed with retrospective effect from such date or as the case may be, from a subsequent date from which he was continuously on duty as a member of the service in such category or a higher category.

189.   Counting of service for probation:— (I) A probationer in any category of the service shall be eligible to count for probation his service, if any in a higher category of the service performed on regular appointment in accordance with these rules or in a temporary appointment under Rule 191 if he would have continued to be a probationer in the former category but for such regular or temporary appointment in the higher category of the service.

(2) A probationer in any category serving in one Market Committee who is appointed by transfer in the same category in another Market Committee shall be entitled to count towards his probation in the latter Market Committee any period in the former Market Committee, if during such period he would have held a post in the former Market Committee but for such appointment.


'|190. Authority to transfer members of service:— The Director or any Officer authorised by him in this behalf shall be the authority competent to transfer a member of the service from one Market Committee to another within the zone.]

191. -[x x x].

192. Promotions:— (1) AN promotions shall be made by the appointing authority.

(2) Promotions shall be made in accordance with seniority unless the promotion of a member has been withheld as penalty under these rules.

193.  Seniority:— The seniority of a member of the service in a category shall unless he has been reduced to a lower rank as a punishment be determined by the date of his first appointment to the category. If any portion of the service of such person does not count towards probation under Rule 191 his seniority shall be determined by the date of commencement of his service which counts towards probation.

For purpose of fixing up seniority of Market Committee employees in different categories, the zones specified under Rule 159 shall be the unit except in case of those who before the issue of these rules have served in different zones, in which case the tota! continuous service in the category shall be the criterion for determining seniority.

(2) Subject to these rules the appointing authority, at the time of passing an order appointing two or more persons simultaneously to any category of the service, shall also fix the order of seniority among them.

P) Where a member of any category is reduced to a lower category. he shall, in the absence of a special order to the contrary, take first rank among the members in the lower category.

194. Application of rules:— (I) The Fundamental Rules, the Andhra Pradesh Travelling Allowance Rules, the Andhra Pradesh Leave Rules, 1933 or the Leave Rules prescribed in the Hyderabad Civil Service Regulations 3[and the Andhra Pradesh Civil Services (Conduct) Rules, 1964] as the case may be for the time being in force shall so far as they may be applicable, govern the members of the service in regard to their pay, allowance ''[leave, leave- salary and their conduct].

195. Authorities  competent  to  sanction   casual   leave   to   Market
Committee Employees
:— The Secretary shall be the authority competent to
sanction casual leave and earned leave where appointment .of substitute is not

involved where a substitute is to be appointed in leave vacancy, sueh leave of an employee shall be sanctioned by the Chairman.

196.    Saving:— Nothing contained in these rules shall adversely affect
the rights and privileges acquired by any member of the service under the
rules in force before coming into force of these rules.

197.    Penalties:— The following penalties may, for good and sufficient
reason and as hereinafter provided be imposed upon the members of service;

(i) censure;

(ii) fine in the case of persons holding posts under categories II to 13 of the service;

(iii) withholding of increments or promotions;

(iv) reduction to a lower rank in the seniority list or to a lower post or time scale in the service whether in the same category or any other lower category, or to a lower stage in a time scale;

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

(b) recovery from pay to the extent necessary of the monetary value equivalent to the amount of increments ordered to be withheld where such an order cannot be given effect to:

(vi) removal from the service: (vii) dismissal from the service:

(viii) suspension, where a person has already been suspended under sub-rule (5) of Rule 200 to the extent considered necessary by the authority imposing the penalty.

Explanation: (1) The discharge of a probationer or an approved probationer of the service for want of vacancy does not amount to removal under Clause (vi) or dismissal under Clause (vii).

Explanation;— (2) The removal of a member from the service under Clause (vi) shall not ordinarily disqualify him from future employment.

198. Authority  to   impose  penalties  and   appellate  authorities:—

'[(1) In respect of Office Superintendents and Accountants the penalties referred to in Nos. (i), (iii) and (v) under Rule 197 may be imposed by the Director of Marketing or by any Officer not below the rank of Assistant Director of