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RTI Act

                                                                      RULES

 11. Insertion of new rule 65A.- After rule 65 of the said rules, the following shall be inserted, namely:-

 “65A. Accounts to be maintained by the Market functionary.-(1) Every market functionary shall keep and maintain true and correct accounts either in Kannada or in English only relating to his business, showing the goods purchased, produced, processed, sold, imported or exported and value thereof separately together with the vouchers and bills

(2) Every market functionary shall keep separate purchase and sales accounts in respect of each agricultural produce held by him.  He shall likewise maintain separate accounts in respect of each of the agricultural produce in respect of sales or purchase in the course of export or import.

 (3) Every market functionary shall keep current books of accounts at the place or places of business entered in license.  Every purchase and every sale shall be brought into account immediately as soon as purchase and sale is affected.

(4) Every Commission Agent, Trader, Importer, Exporter, Stockiest, shall maintain day to day stock accounts in respect of each and every agricultural produce dealt with by him.  The stock account shall contain the particulars of purchases and receipts, sales, deliveries and balance of stock.

(5) Every processor, Ginner, Presser, and manufacturer of agricultural produce shall maintain daily production account showing  quantitative details of various raw materials used and quantitative details of agricultural produce manufactured or processed.

(6) The accounts maintained by the market functionaries together with all vouchers, bills, way bills and transport permits relating to stock delivers, purchases, output and sales shall be preserved by them till the assessment for the year to which they relate become final and shall be kept at business premises mentioned in license.

(7) Accounts so maintained by the market functionary shall be open for inspection at all reasonable time of the working dates.”

12. Substitution of rule 70. - For rule 70 of the said rules, the following shall be substituted, namely:-

 “70. Preparation of plans.- (1) Annual action plan in respect of the works to be undertaken during the ensuing year shall be prepared and submitted by the market committee before November of every year. After scrutiny, the Director of Agricultural Marketing shall communicate appropriate approval before December of the current year. The preparation of plans and estimates for works proposed to be undertaken at the expense of the market committee will be attended by the Engineering cell of Department of Agricultural Marketing. However the market committee may consult an Architect or an Engineer for the preparation of Plans and Estimates.

 (2) The Market Committee while preparing the General Fund Budget shall reserve 5% of the capital cost of the building of the Market Committee for maintenance and repairs.  Maintenance and annual repairs be completed before December of every year. Separate approval of Director of Agricultural Marketing is not necessary for taking up these works."

 13. Substitution of rule 71. - For rule 71 of the said rules, the following shall be substituted namely:-

 "71 Approval of plans and Estimates. - (1) Plans and Estimate for works as approved by Director of Agricultural Marketing under the Annual Action Plan under rule 70 shall be technically examined by the competent officer of the Engineering Cell of the Department and the Engineering cell shall technically scrutinize and sanction the plans and estimates received from the market committee within thirty days from the receipt. 

(2) The Plans and estimates for works which are of urgent nature, the estimated cost of which does not exceed the maximum amount specified in column (2) of the table below, may be sanctioned by the market committee after getting the plans and estimates technically examined and approved by the Assistance Executive Engineer, Engineering Cell of the Agricultural Marketing Department.

 TABLE

 

Categories of Market committee whose annual income in the preceding market year by way of market fee and licence fee is

The Maximum amount of estimated cost of the works

 

 

Below Rs. twenty five lakhs

 

 

Rs. 25000/- for each work subject to a maximum of Rs. 2,00,000/- per annum

 

Rupees Twenty Five lakhs and above but below Fifty lakhs

 

 

Rs. 50,000/- for each work subject to a maximum of Rs. 4,00,000/- per annum

 

 

 Rs. Fifty lakhs and above

 

 

 

Rs 1, 00,000/- for each work subject to a maximum of Rs. 8.00 lakhs per annum.

              The market committee shall before taking up execution of the works under this sub-rule send copies of the plan and estimate to the Director of Agricultural Marketing or authorized officer with a report regarding necessity of the work taken up. Provided that the expenditure incurred under this rule shall be included in the supplementary budget and got approved.

 14. Substitution of rule 74-A. - For rule 74-A of the said rules, the following shall be substituted, namely:-

 “74-A Issuance of Permit- (1) Every exporter, trader, or other market functionary while transporting the goods outside the market area, shall issue a permit in triplicate in Form No.35A one copy of the permit shall be handed over to the buyer or agent which shall accompany the goods while in transit and the same shall be produced for inspection in the check post or to the officer authorized to exercise powers under section 66 and 67 of the Act.  The second copy of the permit shall be submitted to the Secretary of Market Committee having due control over the area within forty eight hours of the issue of permit. The third copy shall be retained by the market functionary who shall be produced at the time of assessment or during inspection.

 (2) In addition to the above, the owner or the driver or the person in charge of the vehicle shall

 (a) Carry with him a goods vehicle record, a trip sheet or a log book as the case may be;

  (b) Carry with him Bill of Sale or such other documents.

  15. Amendment of rule 76.- In rule 76 of the said rules:-

(1) For sub rule (6), the following shall be substituted, namely:-

"(6) A licence granted under sub rule (4) shall, unless renewed remain in force till the end of tenth market year including the year in which it has been granted."

 (2) After sub-rule (9), the following proviso shall be inserted, namely:-

  “Provided also that where a trader licensed in one Market Committee desires to effect purchase or sale in the jurisdiction of another Market Committee, he may apply to the Director of Agricultural Marketing for license in FORM 37A with information mentioned in the said form along with fees of Rs. 200/- (Rupees Two Hundred only) per market area. Director of Agricultural Marketing on receipt of such application together with required information and fees may grant license to the applicant for carrying out trade in more than one market area in FORM 37B. Afterwards, the license fee so received shall be sent to the concerned Market Committee. The concerned license holder shall be required to submit returns of purchases of agricultural produce made by him as per the provisions of bye-law to the concerned Market Committee and shall have to pay the market fee on the purchases of agricultural produce made in the respective market area to the concerned Market Committee as per the provisions of the bye-law.”

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