HARYANA STATE WAREHOUSING CORPORATION RULES, 1969 [ 66 ] Short title. Definitions Desinefestion Services, S.41 (2) (a). Service as agent S.41 (2)
(a) (Extract from the Haryana Government (Extraordinary) Gazette dated the 20th July, 1969).
PART Ill HARYANA GOVERNMENT DEVELOPMENT AND AGRICULTURE DEPARTMENT Notification The 20th June, 1969 No. CSR - 87/C.A. 58/62/S. 41/69. - In exercise of the powers conferred by Section 41 of the Warehousing Corporations Act, 1962, the Governor of Haryana hereby makes the following rules, namely :-
CHAPTER | PRELIMINARY
1. These rules may be called the Haryana State Warehousing Corporation Rules, 1969
2. In these rules, unless the context otherwise requires :-
(a) "Act" means the Warehousing Corporations Act, 1962.
(b) "Board" means the Board of Directors of the Corporation.
(c) "Corporation" means the Haryana Warehousing Corporation established under Section 18;
(d) "Director" means a director of Board ;
(e) "Executive" Committee" means the Executive Committee of the Corporation constituted under sub-section (1) of the Section 25;
(f) "Form" means a form appended to these rules ;
(g) "Government" means the Haryana State Government in the Administrative Department concerned;
(h) "Managing Director" means the Managing Director the Corporation;
(i) "Register" means the register of shareholders referred to in rule 9;
(j) "Section" means section of the Act;
CHAPTER II ADDITIONAL FUNCTIONS OF THE CORPORATION
3. (i) The Corporation may at its discretion and at the request of the parties concerned undertake dis-infestation service outside its warehouses in respect of agricultural produce or notified commodities as defined in Section 2.
(ii) The Corporation may, at its discretion, act as an agent for the purpose of purchase, sale, storage and distribution of agricultural produce, seeds, manures, fertilizers, agricultural implements and notified commodities as defined in Section 2, on behalf of a Company as defined in the PepRany Act, 1956 (One of 1956) or a body
3. (A)
3. (B)
3. (C)
4. (1)
(2)
(3)
(4) incorporate established by an Act of Parliament or a State Legislature or a Cooperative Society. The Corporation may establish and run Inland Container Depot, Container Freight Station, Air Cargo Terminal and create infrastructure for the purpose of handling, marketing and other warehousing related services in respect of agricultural produce, or notified commodity as defined in section 2 of the Act, either alone or in partnership or as a joint venture with the Central or State Government departments or a body corporate or established by an Act of Parliament or a State Legislature or cooperative society or a company incorporated under the Companies Act, 1956, or private entrepreneur. The Corporation to promote and diversify its business, may aid, Assist and finance programmes or projects for diversification and production for of agriculture produce. The Corporation may lend money to the bonafide farmers of Haryana against goods deposited in its warehouses on terms & conditions as it may determine.
CHAPTER Ill The terms of office of a Director nominated under section 20 shall, in the case of official director, be for the period for which he continues to hold the office and in any other case be 3 years commencing on the date of appointment.
Provided that the Government may extend the term of office of such Director for a further period not exceeding one year or till a successor is nominated which ever is earlier. It shall be open to the Central Warehousing Corporation and the State Government to withdraw at any time any director and nominate other director in his place for the unexpired term of the office for which the director was originally nominated. A non-official director of the Board may resign his office by writing in his own hand addressed to the Government and such resignation shall be effective from the date on which it is accepted by the Govt. or on the expiry of a period of one month from the date of receipt by the Government, whichever is earlier. The casual vacancy so caused shall be filled by nomination by the Central Warehousing Corporation or by the Government, as the case may be, in the same manner as is laid down in clauses (a) and (b) of sub section (1) of section 20. A director nominated to fill a casual vacancy shall hold office for so long as the director whose place he fills would have been entitled to hold the office if the vacancy had not occurred; provided that no casual vacancy occurring within three months Agreement for joint working Section 24 (e) & 41 (2) (i) Assistance for diversification & production of agricultural produce Section 24(e) &41(2) (j) Lending of money against good's in warehouses. Sec 24(e)and Sec. 41 (2)(e) Term of office of directors & filling of casual vacancies among directors S. 42
(2) (a) Rule 3(A) and 3(B) inserted vide notification No. 157-Agri. II(2)-96/2038 dated 15.2.96 Rule 3(C) inserted Vide Notification no 944-Agri II(2) - 99/8717 dated 5.5.1989 [ 68 ] Manner of choosing directors to Executive Committee, S. 20 (1)
(a) 25 (1) (c) & 41 (2) (¢) a esignation of nonofficial member of Executive Committee S. 41 (2)(J) Sub committee S. 41 (2) (J) Fees & allowances to directors for attending meetings S. 20 (6), S. 41(2) (C). Authorized Capital S. 19 S. 41 (2) (a) Share register S. 41
(2)(h) Share certificates S. 41 (2) (h) Entitle to share certificate S. 41
(2)(h) Issue of new certificate in place of worn-out defaced etc. certificate S. 41
(2)(h)
10.
11.
12.
13. of expiry of the normal term of office of a director, shall be filled.
(5) The term of office of the Managing Director shall be for a period of not less than three years Commencing on the date of appointment which may be extended by the Government for a further period not exceeding three years. The Board shall choose from among themselves three directors referred to in clause (c) section (i) of Section 25, one of which shall be from the directors referred to in clause (a) of sub-section
(1) of section 20. A non-official member of the Executive Committee may resign his office as such member by intimation in writing under his hand addressed to the Chairman who shall place it before the Executive Committee and such resignation shall be effective from the date on which it is accepted by the Executive committee or on the expiry of a period of one month from the date of its receipt by the Chairman, whichever is earlier. The Board may appoint as many sub-committees from amongst its directors as it may deem necessary for the efficient performance of its functions. A director, other than the Managing Director or salaried official of the Government, shall receive such fee and allowances for attending each meeting of the Board and of the Executive Committee or a Sub-committee as may be laid down in the regulations made under section 42.
CHAPTER IV SHARES OF THE CORPORATION The authorized shares capital of the Corporation shall be 6.20 crore rupees. The Corporation shall maintain at its Head Office a register of shareholders and shares issued under the Act and shall enter therein such particulars as may be deemed necessary by the Board.
(1) Every share certificate shall be issued under the common seal of the Corporation
(2) Every share certificate shall specify the number and denote the numbers of the shares in respect of which it is issued and shall be issued within three months from the date of receipt of share contribution the shares in respect of which it is issued. The Central Warehousing Corporation and the government shall each be entitled free of charge, to one certificate for all the shares registered in their names in respect of each share contribution amount, separately, at each allotment.
(1) if any share certificate is worn out or defaced, on production there of at the Head Office of the Corporation, the Corporation may order [ 69 ]
14.
15. thesameto becancelled and issue a new certificate in lieu thereof, free of charge.
(2) If any share certificate is alleged to be lost or destroyed, the Corporation may, on production of adequate evidence of loss or destruction, issue a new certificate, free of charge, in lieu thereof.
(1) | No dividend shall be declared or paid except out of the profits of the Corporation.
(2) | The dividend shall be payable in proportion to the amount paid up on each share before the expiry of the year for which the dividend is declared.
Provided that, in the case of shares allotted in the course of the year for which the dividend is declared, the dividend shall be payable only in proportion to the period of the year from the date of receipt of share money by the Corporation.
(3) | The dividend shall not bear any interest.
CHAPTER V MISCELLANEOUS
(1)* Subject to the provisions of this rule, all moneys belonging to the Corporation shall be deposited in any of the nationalized or cooperative banks, as may be decided by the Managing Director;
(2)** Any funds of the Corporation deposited under sub-rule (1) and not required for current expenditure, may be placed in fixed deposits or deposit at call account(s) with any nationalized bank or co-operative bank or scheduled bank, or invested in the securities of the Central or State Public Sector Enterprises engaged in Warehousing activities which embrace within their ambit warehousing and other allied activities.
(3)*** A current or savings account may be opened, closed or transferred by the Managing Director for Head Office and for each of the Warehouses, with any of the banks mentioned in sub-rule (1). The amount to be kept in the current or savings accounts shall ordinarily remain within the limits prescribed by the Managing Director from time to time,
(4)*** All payments by or on behalf of the Corporation shall be made by cheques except payment of the amount not exceeding one thousand rupees which may be made in cash from the amount of imprest sanctioned for such purposes from time to time :
Provided that this will not apply in matters relating to the disbursement of pay and allowance and other similar payments to the employees of the Corporation. *Rule 15(1) substituted vide notification No. GSR. 31/CA. 58/62/S.41/89 dated 23.3.89. **Rule 15(2)* sub. vide notification No. 1988-2. Agri. 11-95/14057 dated 17.11 1995. **Rule15(3) & 15(4) sub. vide notification No. GSR. 31/CA.58/62/S.41/89 dated 23.3.89. **Rules 15(5) Sub. vide notification No. 1131-Agri. 11(2).96/347 dated 7.1.97 [ 70 ] Dividend S.30 Maintenance of and operation upon bank accounts. S41 (2)(g) Annual statement of accounts. and balance sheet. S. 31 (1), 41
(2)(f)
(5)**** All cheques and all orders for making deposit or investments or for the withdrawal of the amount for disposal in any other manner from the funds of the Corporation, shall be signed by the Managing Director or by any officer of the Corporation authorized by the Board in this behalf
(6) No payment should be made out of the accounts of the Corporation unless the expenditure is covered by the financial estimates referred to in sub-section.
(7)
(8)
(9) Provide that the Executive Committee may, at its discretion, authorize any expenditure to be incurred in anticipation of such estimates and the statement of expenditure so incurred shall be submitted to the Board of Directors at its next meeting. Any excess expenditure over the budget provision occurring in the normal working on the Corporation and disclosed in the final accounts shall be got regularized with the approval of the Board. All monetary transactions shall be entered in the cash book as soon as they are conducted and attested by an officer of the Corporation duly authorised by the Managing Director in this behalf. The cash Book shall be closed daily and checked by the Managing Director or any Officer authorized by him for this purpose. At the end of each month the Managing Director or Officer so authorized shall verify the cash book and the cash inhand and record a signed and dated certificate to that effect. All payments by the Corporation shall be made on bills or other docu-ments, duly prepared and passed by the Managing Director or any other officer authorized in this behalf. The paid bills shall be stamped 'PAID' and 'CANCELLED' so that they cannot be used a second time. The vouchers shall be passed [71] by the officer deputed for the purpose by the Managing Director and the same duly supported by bills should then be kept serially numbered .
16. The Board shall cause the books of the Corporation to be balanced on the last working date of the month of March every year and the annual accounts shall be set out as follows:-
1. A balance sheet in Form A.
2. Profit & Loss account in Form B. FORM 'A' (See Rule 16) HARYANA STATE WAREHOUSING CORPORATION PANCHKULA Balance Sheet as at 31st March SHARE CAPITAL CASH IN HAND
(a) Authorized (a) Head Office Shares of Rs. 100/- each.
(b) Issued (b) At Warehouse Shares of Rs. 100-each.
(c) Subscribed Shares of Rs. 100-each by :(c) In transit
(i) State Government,
(ii) & Shares of Rs. 100-each, by Central Warehousing Corporation
(d) Paid up Shares of Rs. 100-each fully paid. (d) Postage stamps in hand.
(e) Cheques in hand. Call in arrear: Cash in Banks
(a) Reserve fund under Section 30(1) (a) At call deposit with (Name opening balance of Bank) addition during the year.
(b) Depreciation reserve fund (b) At fixed deposit with (Name of Bank)
(c) Other reserves. (c) On current Accounts with State Bank of India.
(d) C.P.F. Bank account with [ 72 ] State Bank of India. BAD AND DOUBTFUL DEBTS FUND UNDER Investments SECTION 30(2) : Other funds. : Bonds and Debentures : Borrowing from :
(i)
(ii)
(iii)
(iv) Reserve Bank of India under section 27(2)(i) State Bank of India under section 27(2)(ii) State Govt. under Section 23(3) Central Warehousing Corporation under Section 27(3) Advances received for purpose of agricultural commodities. Liabilities under guarantee by Government. Provision for taxation. Other liabilities :
(a)
(b)
(c)
(d)
(e)
(f)
(9) Sundries creditors Income tax payable. Salaries and allowances payable Due to directors. Security deposit Staff income tax Proposed dividend (subject to deduction of tax.
(a) Central government Securities;
(b) State Government Securities;
(c) Shares in Central Warehousing
(a) Land
(b) Buildings
(c) Godown and Warehouses Dead Stocks Advances to Co-operative Institution for purchase of agricultural commodities under section 24(e). Estimated value of stocks held as agent of Government. Other items :
(a) Interest accrued on deposits.
(b) chemicals and other materials in stocks
(c) Stationery in hand
(d) Prepaid expenses
(e) Judicial Stamps in hand
(f) Construction Advances to P.W.D.
(g) Storage charges recoverable [ 73 ]
(h) Other expenses, Recoverable from Food FORM “B” (See Rule 16) HARYANA STATE WAREHOUSING CORPORATION Profit and Loss Account For the year ending 31 st March, Expenditure Income Previous Current Previous Current year year year year Rs. Rs. Rs. Rs. Interest on 1. Warehousing charges
2. Interest on
(a) Loans from Reserve Bank of India (a) Securities
(b) Loans from State Bank of India (b) Bank Accounts
(c) Loans from Central Govt. (c) Loans & Advances
(d) Loans from State Govt. ; {d)
(e) Loans from Central Warehousing Corporation (e)
(f) Bonds 3. Dividend on shares held.
(g) Debentures.
2. (1) Establishment 4. Other Income _ including a g e n Cc y
(2) Employer’s Contribution to staff commission. Provident Fund.
3. Directors remuneration fees, travelling allowance etc. Rents, rates and taxes. Insurance. Chemicals. [ 74 ] Warehouse licence fees. Repairs and maintenance.
9. Auditors fee or remuneration.
10. Stationery and printing.
11. Depreciation (including depreciation on furniture)
12. Publicity and propaganda.
13. Miscellaneous expenses.
14. Other items. Net Profit Net Loss Profit and loss appropriation accounts. By Profit and Loss Account
(1) Income tax.
(2) Dividend.
(3) Reserves. Total:
(i)
(ii) Total : B.S. GREWAL Finangial Commissioner & Secretary to Government Haryana, Agriculture Department