1. Agriculture Production Commissioner Chairman Govt. of Chhattisgarh, Raipur (C.G.)
2. Agriculture Secy to the Govt. of Chhattisgarh Vice-Chairman
3. Finance Secy to the Govt. of Chhattisgarh or Nominee Member
4. Dy. Commissioner (Q&C) Govt of India, Ministry of Agril. , New Delhi
5. Additional Director of Agriculture of C. G.
6. Head of the Department (Plant Breeding) Indira Gandhi Krishi Vishwa Vidhyalaya, Raipur
7. Regional Manager, National Seed Corporation, Bhopal (M.P.)
8. Managing Director, C.G. State Agriculture Marketing (Mandi) Board (Seed cell) Raipur or his nominee
9. Progressive Farmer (Bastar Division) (to be nominated by Govt. of C.G.)
10. Progressive Farmer (Bilaspur Division) (to be nominated by Govt. of C. G.)
11 . Progressive Farmer (Raipur Division) (to be nominated by Govt. of C.G.)
12. Managing Director C.G. State Seed Certification Agency, Chhattisgarh .
7. ROLL OF MEMBERS II II II II II Non-Official member Non-Official member Non-Official member Member-Secretary The Board shall keep a roll of members giving their names, addresses and occupations and every member shall sign the same.
8. If a member of the Board changes his address shall notify his new address to the Member Secretary, who shall there upon enter his new address in the roll of members. But if he fails to notify his new address the address given in the roll of member shall be deemed to be his address.
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9. CHANGE OF MEMBERSHIP
(a) Where a member of the Board of Directors is member by virtue of the office, he helds hi~ membership shall terminate, when he ceases to hold that office and the successor to that office shall become such member.
(b) The Government may by order substitute any member of the governing ~oard or may committee who is a member by virtue of the office he holds, by any person, for the time being holding office either equal or higher or lower in rank and upon such substitution the member shall take the place of the relieved member.
10. DURATION OF MEMBERSHIP The term of office of the non-official members of categories mentioned in Rule 6 ( 10, 11, 12) shall be two successive years and a retiring member shall be eligible for re-ljlomination for one more term only. Provided that the State Government at any time, without assigning any reason may terminate the membership of any such member before expiry of the said term.
11. A member of the Board shall cease to be a member thereof if:
(a) He dies, resigns, becomes of unsound mind or become insolver or is convicted of a criminal offence involving moral terpitud or;
(b) He does not attend three consecutive meetings of the Board without proper leave of the Chairman or;
(c) Being a member by reason of the office of appointed holds, cease to hold that office or appointment .
12. A resignation from the membership of the Board may be tended to the Chairman in writing and shall not take effect unless it has been accepted by the Chairman.
13. Any vacancy in the membership of the Board caused by any of the reasons mentioned in provision to rule 10 or 11 shall filled up in accordance with the provision of those rules. But the persons appointed in the vacancy shall held office for the unexpired period of the term of the membership.
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14. The Board shall function non-withstanding that any person, who is entitled to be a memb~r by virtue of his office is not a member of the Board for the time being and not withstanding any other vacancy in board whether any non appointment, a defect in appointment or otherwise and no act or proceedings of the Board shall be called in question on the ground merely of the existence of any vacancy in or any defect in the constitution of tt')e Board.
16. PROCEEDINGS OF THE BOARD
(a) The Annual General Meeting of the Board shall be held at such time, date and place as may be determined by the Chairman .
(b) The chairman may convene any ordinary general meeting of the Board, whenever he thinks necessary. However, the Board shall held atleast four ordinary general meetings every year.
(c) Six members of the Board may, by a letter addressed to the member secretary, requisition a special meeting of the Board. On receipt of such requisition the member secretary shall convene a meeting.
18. Except as otherwise provide in these regulations, all meetings of'the Board shall be called by notice under the signature of the member-secretary or other officer authorised in his behalf by the Chairman.
17. Every notice calling a meeting of the Board shall state the date, time and place at which such me~ting will be held and shall be served upon every member of the Board not less than a fifteen clear days before the day I appointed for annual or ordinary general meetings and seven clear days for a special meeting. The Chairman may, however, for reasons to be recorded, convene a meeting on such shorter notice, as he may think proper.
18. Every meeting of the board shall be presided over by the Chairman or in his absence, Vice-Chairman shall be presided for the meeting.
19. Five members shall form the quorum at any meeting of the Board, Provided that if a meeting of the Board is adjourned for the lack of quorum, and they meet again to transact the business, after due notice as provided for in Rule- 17, no quorum shall be necessary.
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20. All disputed questions at the meetings of the Board shall be determined by vote. In case of any equality of votes, the Chairman shall have a casting vote.
21. The member-secretary shall keep a record of the proceedings of the meeting of the Board and a copy thereof shall be sent to the State Government and Registrar.
22. POWERS OF THE BOARD
(a) The Board shall have the power to frame regulations not inconsistent with these Rule and to alter, amend and repeal them from time to time for the administration and management of the affairs of the Sanstha and for carrying out its objectives, with the consultation of State Government and the amendments shall be got registered with the Registrar under Section 10 of the Madhya Pradesh Society Registration Adhiniyam, 1973 read with Chhattisgarh Adoption Rules.
(b) The Sanstha shall be guided by the directives of the Board of Directors in the following matters:
i. The preparation and sanction of budget estimates the sanctioning of expenditure, making and execution of contracts the investment of the funds of the Sanstha and account & audit.
II. To lay dowri procedure for appointment of the officers and other staff.
iii. To prescribe the terms and tenure of appointments, emoluments, allowances, rules and discipline and other conditions of service of the officers and other staff.
iv. To decide power, functions and conduct of business of such committees as may be constituted from time to time.
23. BYE LAWS The Board may frame bye-laws which are not inconsistent with the Memorandum of Association, Rules and Regulations for carrying out the purposes of the Sanstha and for its day to day administration.
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24. Subject to the Memorandum of Association, Rules and Regulations the Board shall have the powers:
(a) To appoint all categories of officers and staff for conducting the affairs of the Sanstha, consistent with qualifications, if any, specified by the Central Seed Certification Board, to fix the amount of their remuneration subject to the budget provision and to define their duties.
(b) To enter into arrangements with the government of India, State Government and other Public or Private organisations or individuals for furtherance of its objective, for implementation of its programmes and for securing and accepting endowments, grant-in-aids, donations or gift or mutually agreed terms and conditions:- -
Provided that the conditions of such grand-in aid, donation or gifts shall not be consistent or in conflict with the provisions of these rules.
(c) To establish and collect fees for services provided by the Sanstha, which are not inconsistent with provision of the SEEDS ACT, and Rules of recommendations of the Central Seed Certification Board.
(d) To acquired by gift, purchase, lease or otherwise any property, movable or immovable which may be necessary or convenient for the purpose of the Sanstha and to construct, alter and maintain any building or buildings for the purpose of the Sanstha.
(e) To draw, make, endorse, discount and negotiate State Government, Government of India and other Promisory notes, bill of exchange, cheque or other negotiable instruments;
(f) To invest the funds of the Sanstha in such securities or in such manner as may, from time to time, be determined by the Board and, from time to time, to sale or transfer such investments.
(g) To take over and acquire by purchase, gift or otherwise from government and other public bodies or private individuals, movable and immovable properties or other funds together with any attendant obligations and engagements not inco::::t, ; ~i~: th:.:bjects ~ anstha .
~ ~ .p1 3-V 9 Note The powers under (b), (d), and (g) shall be exercised by the Board, subject to the conditions that the prior approval of the Government of India shall be obtained for accepting any gift or assistance in any form, from foreign governments/ organization and International agencies or for entering into any negotiations or contractual arrangement with them and;
(h) To sale, transfer, lease or otherwise dispose off any . movable or immovable property of the Sanstha, subject to the condition that no immovable property of the Sanstha shall be sold or transferred without the prior approval of the State Government and the Registrar.
25 (i) The Board may delegate to the Chairman or to the Managing Director/ Seed Certification Offic£::1r/ Seed Testing Officer of the Sanstha, such administrative and financial powers or impose such duties, as it may deem proper.
(ii) The Chairman may, in case of emergency direct in anticipation of the Boards approval, the execution of any work or the doing of any act in the interest of the Agency, which requires the sanction of the Board. Any such decision by the Chairman should be rectified by the Board within 90 days.
25 A PROVISION FOR APPEAL .
i. Any person aggrieved by an order of the Seed Certification Officer/ Seed Testing Officer, may prefer an appeal to the Managing Director, within 30 days from the date of rec;eipt of such order.
ii. Any person aggrieved by an order of the Managing Director, may prefer an appeal to the Chairman, within 30 days fr'om the date of receipt of such order.
iii. Once further review appeal within 30 days from the receipt of such order will be provided to agrieved person which shall be heard by a Committee appointed by the Board to review the appeal.
iv. Any person may prefer an appeal to the Board against the order of review appeal, within 30 days from the date of receipt of such orders.
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v. The order passed by the Board in such appeal shall be final and shall not be called in question again in form of any appeal.
vi. Not more than three appeals will be allowed to any aggrieved person.
26. THE BOARD MAY BE RESOLUTION APPOINT
(a) Committee or sub-committee for such purposes and with such powers as it may think proper; and
(b) Advisory Committee or panel consisting of persons who need not necessarily be the members of the Board with such advisory functions as the Board may think proper. The Board may dissolve any of the committees at any time .
27. FUNCITONS OF THE BOARD Without affecting the generally of its powers the Board shall take action to:
(a) Employ the full compliments of a qualified staff of the Sanstha
(b) Arrange for suitable office space for its office and Sanstha Headquarters .
(c) Assure that the staff has adequate equipment, mobility and supplies to carry out the responsibilities entrusted to it.
( d) Recognise authentic sources of breeder and foundation seed.
(e) Recognise Seed Testing Laboratories for analysis of samples for certification by the Sanstha.
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(g) Consider matters of concern and specific certification problem cases submitted to it by the Managing Director.
Ensure the development of a sound and comprehensive Seed Certification Programme in the State in consultation with the University, the State Government and seed producers organisations.
(h) Recommend to the Central Seed Certification standard and procedure.
(i) Develop an educational programme emphasizing use of good quality seed or recommend varieties.
11 .. _ U) Provide the Central Seed Certification Board with a description of all State development varieties so that it may make this information available to all other similar agencies.
(k) Maintain close liaision with similar Board and Agencies of other States and to keep in touch with Seed Law enforcement and seed testing programmes in the State and the Country.
28. FUNCTIONS & POWERS OF THE CHAIRMAN, MANAGING DIRECTOR, SEED CERTIFICATION OFFICER AND SEED TESTING OFFICER i. The Chairman/ Managing Director/ Seed Certification Officer/ Seed Testing Officer, respectively shall exercise the administrative and financial powers as specified in the schedule annexed to this Memorandum of Association;
(Annexe-1 ).
ii. The Managing Director shall function as the Chief Executive Officer of the Sanstha and shall be responsible for its proper administration under the direction and guidance of the Board.
iii. The Managing Director shall be Chief controlling and supervising officer of the Sanstha. All officers and employees of the Sanstha shall be under his control. He will watch over the finance and administration of the Sanstha and perform such executive function as are assigned to him. He will also exercise supervision and control over acts and proceedings of all officers and employees of the Sanstha in the matters of executive, administration and in the matters concerning the accounts, records and disposal of all question relating to the service matters of the officers and employees of the Sanstha .
29 FUNDS OF THE SANSTHA i.
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The funds of the Sanstha shall consists of following- Grants may be the Government of India and The State Government.
Contribution from other sources Income from the asset of the San: tha; and ~ ~ -,~~(~l 12 . .
.• iv. Receipts of the Sanstha by way of application and certification fees and other service charges.
30. The fund of the Sanstha shall be deposited in Any Nationalize Bank. All the funds shall be paid to the account of the Sanstha through a cheque requisition from signed by such officer or officers of the Sanstha as may be duly empowered In this behalf by the Board.
31 . The representative of the department of Finance on the Board will be the financial adviser to the Sanstha. Financial aspects of major importance of the Sanstha shall be referred to the Financial Advisor for h is advice .
32. ACCOUNTS, AUDIT AND ANNUAL REPORT
(a) The Sanstha shall maintain proper accounts and other relevant records and prepare annual accounts comprising the receipt and payment accounts, statement of liabilities etc. in such form as may be prescribed by the Board in consultation with the Auditors.
(b) The accounts of the Sanstha shall be audited annually by the Auditors appointed by the Board and any expenditure incurred in connection with the audit of the accounts of the Sanstha shall be payable by the Sanstha.
(c) The auditors shall have the same right and privileges and authority in connection with the audit of the accounts of the Sanstha as the Controller and Auditor General, or any other person and appointed by him in this behalf as in connection with the audit of Government Accounts and in particular, shall have the right so demand the production of books, accounts, connected vouchers and other documents and prepared and to inspect any of the officers or institution of the Sanslha.
(d) The accounts of the Sanstha, as certified by the Auditors tog~ther with the Audit Report thereon, shall be forwarded annually to the Board and the Board shall submit the same to the State Government and Registrar within 45 days after approval of the board as per rule of Chhattlsgarh Society Registration Adhiniyam 1973 (27 & 28).
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( e) In case the Govt. applies the provisions of M. P. Sthhaniya Nidhi Adhiniyam to the Sanstha by a notification under section 21 of the said Adhiniyam Rules 32(b) shall cease to operate. The accounts of the Sanstha shall thereafter be audited by the Director of Local Fund Audit.
33. An annual report of the proceedings of the Sanstha of the work undertaken during the year shall be prepared and published for the information of the Board, the Central Seed Certification, Board, State Government, the Agricultural University.
34. AMENDMENT TO RULES Subject to the provision of the Madhya Pradesh Society Registration Adhiniyam 1973 (No. 44 of 1973) read with Chhattisgarh adoption rules and with the prior approval of the State Government, these rules may be am mended at any time · of the resolution passed at any ordinary general meeting of the Board duly convened for the purpose and support by more than half of the total members of the Board.
35. The society shall sue and be sued in the name of the Managing Director of Sanstha.
36. DISSOLUTION Subject to the provisions of the Madhya Pradesh Society Regis.trikaran Adhiniyam, 1973 read with Chhattisgarh adoption rules and will the approval of the State Government the society may be dissolved by a resolution passed at any ordinary gen.era! meeting of the Board duly convened for the purpose and supported by more than three fifth of the total members of the Board. On such dissolution all assets and liabilities of the society shall vest in the state Government and shall be dealt with such manner as the state government may direct.
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/ ~ •• 1 -. .. I • ANNEXE-1 The Schedule See Rule 28(i) Administrative and Financial Powers vested to the Chairman/Managing Director/ OSCO/ SCO and STO's s. Nature of Power Extent of Power No.
Chairman Managing Director DSCO/SCO/STO's 1 2 3 4 5 Administrative power 01 . Appointment against sanctioned post For Class II, Ill & IV full -- powers
02. Appointment of contingent staff as Full powers Full powers - per Collector rate
03. To conduct departmental enquires, F ul I powers for the post - - remova l, termination, suspension and whom he is appointed acceptance of resignation
04. To fix Head quarters and transfer of Full powers -- subordinates officers and staff
05. Sanction of Annual increment Full powers Full powers for the staff - working under him.