HARYANA GOVT GAX., APRIL 7, 1987 (CHTR. 17, 1909 SAKA) [Authorised English Translation] HARYANA GOVERNMENT DEVELOPMENT AND PANCHAYAT DEPARTMENT Notification The 3rd April, 1987 No. G.S.R. 30/H.A. 6/86/S. 8/87- In exercise of the Powers conferred by section 8 of the Haryana Rural Development Act, 1986, the Governor of Haryana hereby makes the following Rules, namely :- 1 These rules may be called the Haryana Rural Development Rules, Short title 1987. 2 In these rules, unless the context otherwise requires, -
(a) “Act” means the Haryana Rural Development Act, 1986 ; 1[(aa) “agency” means an individual society registered as such under the provisions of Haryana Co-operative Societies Act, 1984 (22 of 1984), or a company registered as such under the Companies Act, 1956 (1 of 1956), or a firm registered as such under the Indian Partnership Act, 1932 (9 of 1932), to collect fee in case of fruits and vegetables in notified market area;]
(b) “agricultural produce” means the produce specified in the Schedule to these rules ;
(c) 2[“first appellate authority” means any person appointed by the Government to perform the functions of the first appellate authority under these rules ;] 3[(cc) “second appellate authority” means the Secretary to Government Haryana, Development and Panchayats Department;”]
(d) “assessing authority” means any person appointed by the Government to perform the functions of the assessing authority under these rules ;
(e) “Rural Development Fund Collector” means any person appointed by the Government to perform the functions of the Rural Development Fund Collector for a district under these rules ; and
(f) “form” means a form appended to these rules. 1 substituted vide notification No. G.S.R. 7/H.A. 6/86/S8/88 dated 29.1.1988. 2 substituted vide notification No. S.O. 137/H.A. 6/86/S.8/2001 dated 12.9.2001. 3 inserted Notification No. SO/47/H.A, 6/86/S.8/2004 dated 11.5.2004. Short Title. Definition.
3. (1) Every dealer shall submit to the assessing authority a return in form A showing his purchases and sales of each transaction of agricultural produce or each transaction of agricultural produce brought for processing on the following day but not later than [seven days] 1 from the day of transaction. If the dealer fails to submit the said return in time, the assessing authority may after affording him a reasonable opportunity of being heard, impose a fine which may extend to rupees five hundred or up to twenty-five per cent of the amount of fee whichever is more. The fine imposed shall be deposited within seven days of the order passed by the assessing authority in this behalf.
(2) The dealer shall deposit in cash with the assessing authority or the person [or an agency] 3 authorised by him in this behalf in writing, the fee that has become due from him on the basis of the return submitted by him under sub-rule (1) on the following day of the filing of the return. The assessing authority may condone delay up to [seven days] 1 after imposing a fine not exceeding twenty-five per cent of the fee recoverable : 4[“Provided that the collection of fee may be leased or auctioned to an agency by the assessing authority with the prior approval of the Board, for any period not exceeding one year at a time on such terms and conditions as may be laid down by the Board. However, it shall be applicable only in case of fruits and vegetables in notified market area :
Provided further that the Chairman of the Board may permit the payment of fee through cheque or bank draft, to the Government and semi-Government agencies engaged in procurement, processing, purchase or sale of agricultural produce.”]
(3) The assessing authority or the person duly authorized by him in writing in this behalf shall issue a receipt the dealer in form B in token of having received the amount of the fee.
(4) The amount to the fee so received shall be entered to a separate cash book to be maintained by the assessing authority.
(5) The amount of the fee deposited with the assessing authority shall be credited into the account of the Board maintained in the 5[nationalized Banks or co-operative Bank] within two days of the receipt thereof.
(6) The assessing authority shall retain one copy of the bank receipt in his office and pass on the other copy of the Rural Development Fund Collector alongwith the statement in from C. 4 Inserted, Substituted Notification No. SO/47/H.A, 6/86/S.8/2004 dated 11.5.2004. 5 Substituted vide notification No. G.S.R. 7/H.A. 6/86/S.8/88 dated 29.1.1988. Submission of returns etc. Section 5(2).
(7) The Rural Development Fund Collector shall submit a consolidated statement in form D to the Chairman of the Board by the fifteenth of each month. By the end of each month the Chairman or the person authorized by him shall reconcile the monthly deposits of the fee in the account of Board.
(8) The assessing authority shall scrutinise the returns submitted in form A on the basis of the register maintained by the Market Committee, or the account books of the dealer or otherwise. If he detects non-payment or under-payment of the fee, he shall issue a notice to the dealer and after affording him a reasonable opportunity of being heard, call upon him to deposit the requisite amount of fee which the dealer is liable to pay alongwith a penalty which may extend to five hundred rupees or the requisite amount of fee, whichever is more, within 6[(seven days.;)].
(9) If the dealer fails to deposit the amount of fee within the extended period under sub-rule (2) 7[----] ,the assessing authority may after affording him a reasonable opportunity of being heard impose a fine which may extend to five hundred rupees or upto 20 per cent the amount of fee due whichever is more. The fine shall be deposited with the assessing authority within seven days of the orders passed by him in this regard.
(10) The amount of arrears of fee or of fine as recovered under sub-rule (1), (2), (8) or (9) as the case may be, shall be deposited by the assessing authority within two days of its receipt in the same manner as provided in sub-rule (5).
(11) If the dealer fails to deposit the monthly fee or the arrears of the fee or the fine imposed by the dates specified under sub-rule (1), (2), (8) or (9), as the case may be, the same shall be recovered as arrears of land Revenue.
(12) (i) No fee shall be leviable on the sale or purchase of any agricultural produce manufactured or extracted from the agricultural produce in respect of which such fee has already been paid in any notified market area within the State 8[or outside the State]. 9[(ii) “[The dealer, who claims exemption for the payment of fee levibale on any agricultural produce manufactured or extracted from the agricultural produce in respect of which the fee, has already been paid in another notified market area, shall make declaration and give certificate to the Assessing Authority in form E, where the fee has already been paid within a week of the day of bringing of agricultural produce within a notified market area. Form E shall be prepared in quadruplicate from the booklets duly attested and issued by the 6 Omitted vide Notification No. S.O100/H.A.-6/86/S.8/2000 dated 21.8.2000. 7 Omitted vide Notification No. S.O100/H.A.-6/86/S.8/2000 dated 21.8.2000. 8Added vide notification No. S.O. 54/H.A 6/86/S. 8/93 dated 30.7.1993. 9Substituted vide notification No. G.S.R. 7/H.A. 6/86/S8/88 dated 29.1.1988. Assessing Authority against the payment fixed by the Assessing Authority. It will be the duty of the dealer claiming exemption from the fee under this sub-rule to send the original copy of form E to the Assessing Authority within whose market area the agricultural produce is brought. The second copy shall be sent to the office of the Assessing Authority within whose market area such agricultural produce was bought, and the third and fourth copies shall be retained by the dealer-purchaser and the dealer-seller, respectively, and the same shall be kept as a part of their accounts maintained in respect of fee”].
(13) Appeal against the order passed by the assessing authority shall lie to the 10[first appellate authority] within thirty days from the date of passing of the order by the assessing authority : provided that no memorandum of appeal shall be entertained by the 11[first appellate authority] unless it is accompanied by the receipt issued in from B in token of having deposited the fee, arrears or fee or fine, as the case may be. Every appeal preferred under this sub-rule shall be presented to the 12[first appellate authority] in the form of memorandum enclosing the receipt of Rs. 10 having deposited with the Board by the appellant or his duly authorized agent. The memorandum shall set forth concisely the grounds of appeal and shall be accompanied by a copy of the order, appealed against.
(14) The [first appellate authority]1 may, after affording reasonable opportunity of hearing to the parties, confirm, modify or revoke the order appealed against. 13[----] 14[(14-A) The second and final appeal against the order of first appellate authority under sub-rule (14) in the form of memorandum of appeal containing concisely the grounds of appeal accompanied by the copy of the order appealed against, shall lie to the second appellate authority within thirty days from the date of passing of the order of the first appellate authority. The order of the second appellate authority shall be final.]
(15) If the 15[first appellate authority/second appellate authority] orders that some part of fee or fine as deposited by the dealer be refunded to the dealer, it shall in the first instance be adjusted in the fee to be paid by the dealer in the month following the orders passed by the 10Substituted, Omitted inserted vide notification No. S.O. 137/H.A 6/86/S.8/2001 dated
12.9.2001 11Substituted, Omitted inserted vide notification No. S.O. 137/H.A 6/86/S.8/2001 dated
12.9.2001 12Substituted, Omitted inserted vide notification No. S.O. 137/H.A 6/86/S.8/2001 dated
12.9.2001 13Substituted, Omitted inserted vide notification No. S.O. 137/H.A 6/86/S.8/2001 dated
12.9.2001 14Substituted, Omitted inserted vide notification No. S.O. 137/H.A 6/86/S.8/2001 dated
12.9.2001 15Substituted, Omitted inserted vide notification No. S.O. 137/H.A 6/86/S.8/2001 dated
12.9.2001 16[first appellate authority/second appellate authority]. In case the amount is not so adjusted the Chairman may order the refund of the amount.
(16) The Chairman may authorize the grant of honorarium to such officers or officials of the Government or semi-Government bodies or Corporation directly assisting in the collection of fee, maintenance of accounts and handling of any other work relating to fee. The amount of honorarium shall depend on the work load, income and such other factors and shall not be less than rupees two hundred and not more than rupees one thousand per month for each officer or official. The amount thus authorized shall be met out of the fund. 17 [(17) The record maintained by the assessing authority shall be audited by the Examiner Local Funds Accounts Haryana once a year, on the payment of fee fixed by the Government from time to time.] 4 The Fund shall be administered by the Board and the Chairman of the Board shall be authorised for payment out of the Fund of the Board for the purposes specified in the Act and rules made thereunder. 16Substituted, Omitted inserted vide notification No. S.O. 137/H.A 6/86/S.8/2001 dated
12.9.2001 17Substituted vide notification No. G.S.R. 88/H.A. 6/86/S.8/88 dated 18.11.1988. Administrati on of Fund Section 6.
SCHEDULE [See rule 2 (b)]
1. Wheat (Gainhu)
2. [-] Barley (Jau)- Omitted (30.12.1999) 6
3. [-] Maize (Makki) Omitted (30.12.1999) 6
4. [-] Great Millet (Jowar) Omitted (30.12.1999) 6
5. [-] Spiked Millet (Bajra) Omitted (30.12.1999) 6
6. Paddy and Rice (Dhan) Substituted (29.1.1988) 1
7. [-] Gram and Kabli Gram (Chane Kale and Safaid) -(30.12.1999) 6
8. [-] Green Gram (Moong) whole & spilt Omitted (30.12.1999) 6
9. [-] Black Gram (Mash) whole & spilt Omitted (30.12.1999) 6
10. [-] Phaseolus aconitifolius (Moth)whole & spilt Omitted(30.12.1999) 6
11. [-] Lentil (Masur) whole & spilt Omitted (30.12.1999) 6
12. [-] Indian Colza (Sarson) Omitted (30.12.1999) 6
13. [-] Indian Rale (Toria) – Omitted (30.12.99) 6
14. [-] Rochet (Tara Mira) – Omitted (30.12.99) 6
15. [-] Cotton-seed (Banaula) – Omitted (30.12.99) 6
16. [-] Ground-nut (Shelled, Unshelled & Roasted) – Omitted (30.12.99) 6
17. Cotton (unginned and ginned) (Kapas and Rui ) Sub: (13.7.94) 4 and (27.2.04) 8
18. [-] Cluster Bean (Guara) - – Omitted (30.12.99) 6
19. Dry and Green Fodder (Suka and Subaz Chara)
20. Potato (Alu)
21. Sweet Potato (Shakarkandi)
22. Onion Dry and Green (Piaz Khushak and Hara)
23. Arum (Arvi)
24. Cauli Flower (Phul Gobi)
25. Cabbage (Band Gobi)
26. Carrot (Gajjar)
27. Radish (Muli)
28. Turnip (Salgam)
29. Tomato (Tamator)
30. Brinjal (Baingan)
31. Lady’s Finer (Bhindi)
32. Peas Green (Mater Hare)
33. Garlic Dry (Lahsan Khushak)
34. Orange (Malta)
35. [-] Chillies Dry & Green (Mirach Khushak & Hari) – (30.12.99) 6
36. [-] Gur – Omitted (30.12.99) 6
37. [-] Shakkar – Omitted (30.12.99) 6
38. [-] Khandsari (including sulphar, desi khand & bura) – (30.12.99) 6
39. Dry Peas (Mater Khushak)
40. Water Melon (Tarbuz)
41. [-] Wool (Oon) – Omitted (07.01.2000) 7
42. Tinda Gourd (Tinda)
43. Bottle Gourd (Lauki)
44. Pumpkin round (Ghia Kadu)
45. Squash or Red Gourd (Halwa Kadu)
46. Bitter Gourd (Karela)
47. Cow Peas (Lobbia)
48. French Beans (Raj Maha and Soya Beans)
49. Long Melon (Tarr)
50. Elephant Foot (Zimi Kand)
51. Cucumber (Khira)
52. Chappen Kadu
53. Musk Melon (Kharbuza)
54. Mango (Am)
55. Mandrain (Sangtara)
56. Lime (Nimboo)
57. Lemon (Galgal and Khatta)
58. Apple (Saib)
59. Guava (Amrud)
60. Pear (Nashpati)
61. Anar
62. Sweet Lime (Mitha)
63. Apricot (Khurmani)
64. Plum (Alubakhara and Alucha)
65. Peach (Aru)
66. Litchi
67. Sapota (Chickoo)
68. Loquat
69. Castaud Apple (Sharifa)
70. Walnut (Akhrot)
71. Sag (Palak and Sarson)
72. Gingar (Adrak)
73. Bhabar Grass
74. [-] Sunehri – Omitted (29.01.88) 1
75. Banana
76. [-] Rosin – Omitted (13.05.96) 5
77. [-] Arhar – Omitted (30.12.99) 6
78. Grapes
79. Ber
80. Oats
81. Barsem Seed
82. Sanghera
83. [-] Till – Omitted (30.12.99) 6
84. Methi
85. Goat Hair
86. Camel Hair
87. [-] Turmeric (Haldi) – Deleted (06.06.94) 3
88. [-] Heena (Mehindi) – Deleted (06.06.94) 3
89. Mausami (Sweet Orange)
90. Kinnow
91. Spond Gourd (Ghia Tori)
92. Sweet Pepper (Shimila Mirch)
93. [-] Lineseed (Alsi) – Omitted (30.12.99) 6
94. [-] Gram Dal – Omitted (30.12.99) 6
95. [-] Sun Flowers Seed – Added (3.7.1992) 2 Omitted (30.12.99) 6 FORM A [See rule 3(1), (8)] Date________________ Notified Market Area ______________ DAILY RETURN OF SALE PROCEEDS OF AGRICUTURE PRODUCE AND AMOUNT OF FEE LEVIABLE Name of dealer ___________ Licence No. __________ Last date when 18[fee] paid with receipt No. _________________________. Date Name of Commodity Weight Rate Value Amount of fee leviable Total___________________ Name and Signatures of the Dealer ___________________ Date____________________ 18 Substituted vide Notification No. G.S.R. 7/H.A. 6/86/S.8/88 dated 29.1.88. FORM B [See rule 3(3), (13)] Book No. ___________________ Serial No. __________________ Name of Notified market Area __________________________ Date __________________________ Received Rs. _____________________________ (Rs. ___________________________ _______________) From M/s ___________________________ on account of the following :- Rs. Paisa ____________ ___________
1. Fee on the basis of return in Form A.
2. Arrear of fee assessed by the Assessing Authority Under rule 19[3(2)]
3. Fine as imposed by the Assessing Authority under Rule 20[3(9)]. Total _________________________ Less refund , if any __________________________ Total _________________________ Assessing Authority of the Notified Market Area ________________________ 19 Substituted vide Notification No. G.S.R. 7/H.A. 6/86/S.8/88 dated 29.1.88. 20 Substituted vide Notification No. G.S.R. 7/H.A. 6/86/S.8/88 dated 29.1.88. FORM C [See rule 3 (6)] Date ___________________ Name of the Dealer Amount Deposited Name of the Bank and Account No. Name of the Notified Market Area. 1 2 3 4 Total________________ Total ___________________ No. ________________ Dated _____________ A Copy with a copy of receipt mentioned in Column 3 is forwarded to the Haryana Rural Development Fund Collector ___________ for information and necessary action . Assessing Authority of the Notified Market Area. FORM D [See rule 3 (7)] District ___________ Month ____________ Name of the Notified Market Area Amount of fee deposited Name of Bank and Account No. 1 2 3 A copy is forwarded for information and necessary action :-
1. The Chairman, Haryana Rural Development Board, Chandigarh.
2. The Director, Panchayats, Haryana, Chandigarh. Total ___________________ Haryana Rural Development Fund Collector _________________ Dated __________________ 21[FORM- E] [See rule 3(12)(ii)] (Form of declaration and certificate)
1. Kind of agricultural produce.
2. Mode of transport with number of bage/packages.
3. Weight.
4. Notified market area from where purchased and fee paid.
5. Amount of fee paid with number and date of receipt.
6. Through whom purchased.
7. Name and address of the buyer or his agent.
8. Remarks. I hereby declare that the particulars given above are correct. Signature of the Commission Agent _____________________________ Licence No. ___________________ Address ______________________ I hereby declare that the above mentioned agricultural produce has been bought from the notified market area and has been brought within the limits of the notified market area _______________ for the purchase of _________ and the particular given above are correct. Signature _____________________ Address of the dealer claiming exemption from the payment of Rural Development Fee ______ Licence No. _______________ Address __________________ __________________________ Note: To be aprepared in quadruplicate. L.M. Goyal Commissioner and Secretary to Government, Haryana, Development and Panchayats Department. 21 Substituted vide Notification No. G.S.R. 7/H.A. 6/86/S.8/88 dated 29.1.88. [Extract from Haryana Government Gazette (Extra), dated the 14th August,1987] HARYANA GOVERNMENT DEVELOPMENT AND PANCHAYATS DEPARTMENT NOTIFICATION THE 14TH AUGUST, 1987 No. HRD-87/400-In exercise of powers conferred under rule 2(c) (d) (e) of Haryana Rural Development Rules, 1987, the Government of Haryana is pleased to appoint the following officers to administer the Haryana Rural Development Fund:- 1 Director, Development and Panchayats, Haryana Appellant Authority 2 Executive Officer-cum-Secretary Market Committee Concerned Assessing Authority 3 District Development and Panchayat Officer in respective District District Rural Development Fund Collector L.M.Goyal Commissioner and Secretary to Government, Haryana Development and Panchayats Department LIST OF NOTIFICATIONS OF AMENDMENTS IN RULES OF 1987
1. Notification No. H.R.D.-87/400 dated 14.8.87.
2. Substituted, Omitted, Inserted vide Notification No. G.S.R. 7/H.A.6/ 86/S.8/88 dated
29.1.88.
3. Substituted vide Notification No. G.S.R. 88 H.A.6/86-S.8/88 dated 18.11.88.
4. Added vide Notification No. G.S.R.42H.A.6/86/S.8/92 dated 3.7.92.
5. Added vide Notification No. S.O.54/H.A.6/86/S.8/93 dated 30.7.93.
6. Deleted vide Notification No. S.O.44/HA-6/86/S.8/94 dated 6.6.94.
7. Substituted vide Notification No. G.S.R.50/HA6/86/S.8/94 dated 13.7.94.
8. Omitted vide Notification No.S.0.66/H.A.6/86/S.8/96 dated 13.5.96.
9. Omitted vide Notification No. S.O.253/H.A.6/86/S.8/99 dated 30.12.99.
10. Omitted vide Notification No. S.O.5/H.A.6/86/S.8/2000 dated 7.1.2000.
11. Substituted, Omitted vide Notification No. S.O./100/H.A.-6/86/S.8/2000 dated
21.8.2000.
12. Substituted Omitted, inserted vide Notification No. S.O./137/H.A.6/1986/S.8/2001 dated 12.9.2001.
13. Substituted Notification No. S.O.25/H.A.6/86/S.8/2004 dated 27.2.2004.
14. Inserted, Substituted Notification No. S.O/47/H.A, 6/86/S.8/2004 dated 11.5.2004.