The Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010

1 · Short title and commencement.— (1) These rules may be called the Goa Agricultural Produce Marketing (Development and Regulation) Rules, 2010.

2 · Definitions.— (1) In these rules, unless the context otherwise requires,—

3 · Manner of publication of Notifications.— (1) Every notification under section 3 published in the Official Gazette, shall also be published by displaying the copy thereof in

4 · Election of members of the Marketing Board.— The Marketing Board shall communicate to the Registrar of Co-operative Societies as soon as required, but before the six months of the expiry of the term of office of members of the Marketing Board, to hold the election and provide the list of voters of different constituencies as required and also place at the disposal the required funds incidental for holding of such election.

5 · Determination of constituencies.— (1) For the purpose of election of eleven agriculturists members to represent each Taluka of the State, and two female agriculturist members representing North and South Districts of the State respectively; and one trader holding "A" class licence to be elected from amongst the traders of all classes, as provided by clauses (a), (b) and (c) respectively of sub-section (1) of section 12 of the Act, the State shall consist of the following constituencies, namely:—

6 · Determination of co-operative societies doing the business of notified agricultural produce.— The Secretary of the Marketing Board shall prepare and furnish to the Registrar the list of co-operative societies that are registered in the State, having a valid licence from the Marketing Board and doing the business of notified agricultural produce in the market area.

7 · Voters list.— (1) Before the election of the Marketing Board, the State Marketing Officer shall notify the list of voters by collecting information from the Registrar so that the members may vote and contest the elections.

8 · Voters list to be conclusive.— Subject to any disqualification incurred by a person, the final voter's list published under rule 7 shall be conclusive evidence for the purpose of determining whether any person is qualified to vote, or as the case may be, is qualified or is not qualified to be elected at any election.

9 · Persons qualified to be elected.— (1) Every person specified in sub-section (1) of section 12 of the Act residing in the market area and is not less than twenty one years of age, on such date as the Registrar may for the purposes of any election or bye-election specify in this behalf, shall, unless disqualified under these rules, be qualified to be elected.

10 · Right to vote.— (1) No person except whose name is for the time being entered in the list of voters of any constituency, shall be entitled to vote in that constituency.

11 · Election representative of the Co-operative Societies.— If there are more than one Co-operative Society doing the business of marketing of notified agricultural produce in the market area, the Registrar shall call upon such societies, if they so desire, to communicate the names of their Chairmen for being elected on the Marketing Board. On receipt of the names of the Chairmen, the Registrar shall direct them to elect one of them to be a member on the Marketing Board. Such an election may be held by ballot on the day, place and time as may be fixed by the Registrar. In case of equality of votes, the election shall be made by drawing lots.

12 · Disqualifications of membership.— A person shall be disqualified for being chosen as, or for being, a member of the Marketing Board, if,—

13 · Order of general election of the Marketing Board.— (1) General election shall be held for the purpose of constituting new Marketing Board on the expiration of the duration of the existing Marketing Board or on its supersession.

14 · Appointment of dates for filing nominations, etc.— (1) As soon as the order under the above rule is issued, the Registrar shall, subject to the provisions of sub-rule (2), by an order, appoint,—

15 · Nomination of Candidates.— (1) Any person may be nominated as a candidate for election to fill a seat if he possesses the requisite qualifications under the provisions of these rules.

16 · Presentation of the nomination paper and requirements for valid nomination.— (1) On or before the date appointed under clause (a) of sub-rule (1) of rule 14, each candidate shall, either in person or by his proposer, deliver to the Returning Officer within the date, time and at the place specified in the order made under rule 14 the nomination paper duly completed, signed by the candidate and by a voter of the constituency as proposer.

17 · Right to be nominated in two or more constituencies in a Market Area.— When election for two or more constituencies in a market area are to be held, one and the same person may, if he is otherwise duly qualified, be nominated as a candidate for each of such constituencies.

18 · Symbols of election.— (1) The Registrar shall, by order pasted on the notice board of the Marketing Board, specify the symbols that may be chosen by the candidates at an election in any constituency and the restrictions to which their choice shall be subject.

19 · Deposits.— A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited with the Returning Officer, a sum of rupees one thousand in cash at the time of such nomination:

20 · Notice of nomination and time and place of scrutiny.— The Returning Officer shall, on receiving the nomination papers under rule 16, inform the person or persons delivering the same of the day, time and place fixed for scrutiny of nomination and shall enter on the nomination paper, its serial number and shall sign thereon a certificate relating the date and the time when the nomination papers have been delivered to him and shall as soon as may be thereafter, affix in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidates and of the proposer.

21 · Scrutiny of nominations.— (1) On the date appointed for the scrutiny of nominations under rule 14, the candidate, one proposer of each candidate, and one person duly authorized in writing by each candidate, and no other person, may attend at the time and place appointed in this behalf under rule 14 and the Returning Officer shall give them all reasonable opportunity for examining the nomination papers of all candidates which have been delivered as required by rule 16.

22 · Appeal.— (1) Any candidate, aggrieved by a decision of the Returning Officer accepting or rejecting a nomination paper, may file an appeal to the State Marketing Officer within a period of seven days from the date on which the notice, containing the names of the candidates accepted by the Returning Officer was affixed on the notice board under sub-rule (8) of rule 21 and shall also furnish on the same day to the Returning Officer required copies thereof.

23 · Withdrawal of candidature.— (1) Any candidate may withdraw his candidature by notice in writing, signed by him and delivered to the Returning Officer,—

24 · Publication of list of contesting candidates.— (1) On expiry of the period within which candidatures may be withdrawn under sub-rule (1) of rule 23, the Returning Officer shall prepare and publish in Form 'B' a list of the contesting candidates whose nomination papers have been finally accepted and who have not withdrawn their candidature within the said period.

25 · Affix of list on Notice Board.— The Returning Officer shall, immediately after publication of list, cause a copy thereof to be affixed on the notice board in his office and shall also supply a copy thereof to each of the contesting candidates and to the Marketing Board.

26 · Appointment of polling agents and counting agents.— (1) At the time of election when the poll is to be taken, the contesting candidate may appoint one agent and one relief agent to act as polling agents to attend at each polling station. Such appointment shall be made by a letter in writing in Form 'C' hereto signed by the candidate.

27 · Death of candidate before poll.— If a contesting candidate dies and a report of his death is received by the Returning Officer before the commencement of the poll, the Returning Officer, upon being satisfied of the fact of the death of the candidate, shall, countermand the poll and report the fact to the Registrar and all proceeding with reference to the election shall be commenced afresh in all respects as if for a new election:

28 · Uncontested elections.— In any constituency, if there is only one candidate whose nomination has been accepted, or if there are as many candidates as there are seats to be

29 · Contested election.— In case other than those covered by rule 28 a poll shall be taken.

30 · Manner of voting at election.— (1) At every election where a poll is taken, voter shall be given by a ballot in the manner hereinafter provided and no votes shall be received by proxy.

31 · Supply of material to the polling station.— (1) The Returning Officer shall provide to each polling station the required number of ballot boxes, sufficient number of ballot papers, three copies of electoral roll, a list of nominations and such other papers, stationery and forms as may be necessary.

32 · Form of ballot paper.— (1) Every ballot paper for voting shall be printed in Form 'D' hereto.

33 · Identification of voters.— (1) The Presiding Officer may employ at the polling station such person/persons as he thinks fit to help in the identification of the voters or to assist him otherwise in taking a poll.

34 · Issue of ballot paper.— (1) No ballot paper shall be issued to any voter before the time fixed for the commencement of the poll.

35 · Voting procedure.— (1) The voter on receiving the ballot paper shall forthwith—

36 · Recording of vote of blind or infirm voter.— (1) If due to blindness or other physical infirmity, a voter is unable to recognize the symbols on the ballot paper to make a mark thereon, the Presiding Officer shall record the vote on the ballot paper in accordance with the wishes of the voter, fold it so as to conceal the vote and insert it into the ballot box.

37 · Spoilt and returned ballot papers.— (1) A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper, may, on returning it to the Presiding Officer and on satisfying him of the in-advertence, be given another ballot paper, and the ballot paper so returned shall be marked "spoilt--cancelled" by the Presiding Officer.

38 · Tendered votes.— (1) If a person representing himself to be a particular voter applies for a ballot paper after another person has already voted as such voter, he shall, on satisfying the Presiding Officer, be entitled, subject to the following provisions of this

39 · Closing of poll.— (1) The Presiding Officer shall close a polling station at the time fixed in that behalf under rule 14 and shall thereafter not admit any voter into the polling station:

40 · Sealing of ballot boxes after poll.— (1) On the closing of the poll, the Presiding Officer shall, in the presence of any candidates or their agents, close the slit of the ballot box and where the ballot box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent present to affix his seal.

41 · Account of ballot papers.— The Presiding Officer shall, at the close of the poll, prepare a ballot paper account in Form 'F' hereto and enclose it in a separate cover with the words "Ballot Paper Account" thereon.

42 · Sealing of other packets.— (1) The Presiding Officer shall then make separate packet of—

43 · Transmission of ballot boxes, packets, etc. to the Returning Officer.— (1) The Presiding Officer shall deliver or cause to be delivered to the Returning Officer at such place as the Returning Officer may direct,—

44 · A fresh poll incase of destruction, etc., of boxes.— (1) If, at any election,—

45 · Admission to place fixed for counting.— (1) The Returning Officer shall exclude from the place so fixed for counting of votes all persons except,—

46 · Scrutiny and opening of ballot boxes.— (1) The Returning Officer may have the ballot boxes used at more than one polling station opened and their contents counted simultaneously.

47 · Scrutiny and rejection of ballot papers.— (1) The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinized.

48 · Counting of votes.— (1) At every election where a poll is taken, the votes shall be counted by, or under the supervision and direction of the Returning Officer, and each contesting candidate, his election agent, and his counting agent, if any, shall have a right to be present at the time of counting.

49 · Counting to be continuous.— The Returning Officer shall, as far as practicable, proceed continuously with the counting of votes and shall, during any intervals when the counting has to be suspended, keep the ballot paper packets and other papers relating to the election sealed with his own seal and the seal of such candidates or their agents as may desire to affix and shall take adequate precautions for their safe custody.

50 · Recommencing of counting after fresh poll.— (1) If a fresh poll is held under rule 44, the Returning Officer shall, after completion of that poll, recommence the counting of votes on the date, time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates and their election agents.

51 · Recount of votes.— (1) After the completion of counting, the Returning Officer shall record in the result sheet in Form 'G' hereto the total number of votes polled by each candidate and announce the same.

52 · Procedure at election where equality of votes exists.— If on completion of counting of votes an equality of votes is found to exist between any candidates, the candidate shall be selected by lot drawn in the presence of the Returning Officer empowered in this behalf.

53 · Declaration of result.— The Returning Officer shall, subject to the provisions of rule 52, if and so far as they apply to a particular case, and if he has been so empowered

54 · Election to more than one seat.— If a person is elected to more than one seat, then within the period of fourteen days from the date of his election, he shall resign all but one of the seats in writing addressed to the Registrar or to any Officer authorized by him in this behalf, on receipt of such resignation or on the seats becoming vacant as aforesaid, the Registrar shall declare the candidate from the constituency or constituencies concerned securing the next higher number of votes as duly elected.

55 · Publication of names of members.— (1) On receipt of election results and subject to declaration made under rule 54, the Registrar shall publish the names of all elected members by causing a list of such names together with the permanent address and the names of the constituencies from which they are elected to be pasted on the notice board or at any prominent place in his office. He shall also forward such list to the Government for publication in the Official Gazette.

56 · Return or forfeiture of candidate's deposits.— (1) The deposit made under rule 19, shall either be returned to the person making it or to his legal heir or be forfeited in favour of the Marketing Board in accordance with the provisions of this rule.

57 · Custody of papers relating to election.— The Returning Officer shall keep in safe custody the packets referred to in rule 42 and all other papers relating to the election.

58 · Production, inspection and disposal of election papers.— (1) While in the custody of the Returning Officer,—

59 · Casual vacancies in the Marketing Board.— When the seat of a member elected to the Marketing Board becomes vacant or is declared vacant or his election (including bye-election) to the Marketing Board is set aside, the Registrar shall fix a date, for holding bye-election to fill the seat and the provisions of these rules shall thereupon mutatis mutandis apply accordingly.

60 · Determination of validity of election.— (1) If the validity of any election, including bye-election of a member of the Marketing Board is desired to challenge by any person qualified either to be elected or to vote at the election, such person may, within a period of seven days after the date of the declaration of the result of the election, apply in writing to the Registrar.

61 · Declaration of disqualification.— (1) If, at any time, the Registrar, after such inquiry as he considers necessary and after giving an opportunity to the member concerned to be heard, is satisfied that any member of the Marketing Board elected or nominated,—

62 · Expenditure in connection with or incidental to election.— All expenditure incurred by the Registrar or Returning Officer in connection with or incidental to election of the Members of the Marketing Board shall be payable by Marketing Board as a sum due to the State Government to enable the Registrar or Returning Officer to meet the expenditure of this account and he shall cause the Marketing Board to deposit the amount as advance and equal to the estimated expenditure of election, on completion of election and he shall provide detailed account to the Chairman of the Marketing Board.

63 · Term of office of the Chairman and Vice-Chairman.— (1) The Chairman and Vice-Chairman shall, subject to the provisions of section 22 of the Act, hold office so long as they continue to hold office as members under sub-section (2) of section 13 of the Act.

64 · Control of Marketing Board.— (1) (i) Marketing Board shall have absolute control over the principal market and sub-yards established under the Act. The Marketing Board, subject to these rules and to the orders issued by concerned authorities from time to time in this behalf, shall manage it's affairs having due regard always to the best interests of the agriculturists and the trader in the notified agricultural produce.

65 · Other duties of the Marketing Board.— The Marketing Board shall,—

66 · Duties of the Secretary of the Marketing Board.— (1) All employees of the Marketing Board shall be under the control of the Secretary 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-yards, according to the requirements of the Marketing Board and to grant casual leaves to such employees. The Secretary shall work under the Chairman.

67 · Registration of Contract Farming Sponsor.— (1) A person, for registering himself as Contract Farming Sponsor shall make an application in writing to the Marketing Board in Form 'I' appended hereto alongwith such documents as specified in that Form, and a fee of rupees five hundred, per year, per District.

68 · Contract Farming Agreement between Contract Farming Producer and Contract Farming Sponsor.— The Contract Farming Agreement between the Contract Farming Producer and the Contract Farming Sponsor shall normally be in Form 'L' appended hereto, however, the Contract Farming Producer and the Contract Farming Sponsor shall be at liberty to mutually decide the terms and conditions of the Contract Farming Agreement, which shall not be contrary to the provisions of the Act and the Rules framed thereunder.

69 · Disputes Settlement Authority for disputes pertaining to Contract Farming.— Any dispute arising out of contract farming or Contract Farming Agreement shall be referred to the State Marketing Officer (hereinafter referred to: The Dispute Settlement Authority). The aggrieved person shall make an application in writing accompanied by Court Fee stamp of rupees twenty to the State Marketing Officer. The State Marketing Officer shall, after verification of the documents and after giving a reasonable opportunity of being heard to the concerned parties, give his decision thereon within a period of thirty days from the date of receipt of the application.

70 · Appeal against the decision of the Dispute Settlement Authority.— Any person aggrieved by the decision of the State Marketing Officer, may, within a period of thirty days from the date of such decision, file an appeal to the Registrar accompanied by Court Fee stamp of rupees fifty and a copy of decision appealed against. The Registrar, after giving reasonable opportunity of being heard to all the concerned parties and after verifying the concerned record and documents, shall decide the appeal within a period of thirty days from the date of receipt thereof and the decision given by the Registrar shall be final.

71 · Application for registration or renewal of registration under sub-section (1) of section 51 of the Act and fees chargeable therefor.— (1) Any person desiring to register or renew a registration under sub-section (1) of section 51 of the Act shall make an application in Form 'M' appended hereto.

72 · Issue of duplicate Registration Certificate by the Marketing Board.— The Marketing Board may issue a duplicate copy of the Registration Certificate on payment of a fee which shall be half of the fee fixed for registration but not less than Rs. 5/- (Rupees five only), if it is satisfied that original copy of the Registration Certificate issued has been lost or accidentally destroyed.

73 · Control over weighment, measurement or counting of notified agricultural produce.— (1) All the weighments, measurement or counting, as the case may be, of agricultural produce, livestock or products of livestock purchased or sold in the market and those under storage, processing or export in the notified market area shall be conducted under the control of the Marketing Board through licensed/registered weighmen who shall render the accounts of the same to the Marketing Board, as may be specified.

74 · Use of only authorized weights and measures.— Only such weights and measures as conformed to the metric weights or metric measures and their multiples and sub-multiples thereof shall be used in transactions in the notified market area.

75 · Test of scales, weights and measures, by authorized officer of the Marketing Board.— Any officer or employee of the Marketing Board authorized in this behalf, may, at any time and without prior notice, examine and test any scale, weight or measure used, kept or possessed in any place within the limits of the notified market 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 market area.

76 · Set of metric weights and measures to be kept by the Marketing Board.— The Marketing Board shall keep at least one set of metric weights and scales which shall, during the office hours of the Marketing Board, be available to the public for comparison with their own metric weights and scales.

77 · Counter balancing in weighment.— A weight equivalent to that of the bag, tin or other packing material which contains the 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 the balance of the weight of such bag, tin or other packing material and the rope or twine placed on the weighing side of the scale.

78 · Production of scales, measures and weights for inspection.— Every person who has been granted registration under sub-section (1) of section 51 of the Act, shall, on order of any person authorized under rule 75, 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 at such place as may be required and shall allow the person authorized under rule 75 to examine and test the same.

79 · Report of incorrect scales, measures and weights.— If, on examination under rule 75 or rule 78, any scale, measure or weight is found to be unauthorized or to be incorrect, the matter shall be reported by the Secretary of the Marketing Board 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.

80 · The bill to be issued by the traders.— (1) The traders shall issue bill as specified in clause (c) of section 2 of the Act, in triplicate, to the seller, in the form as specified in the Bye-laws of the Marketing Board.

81 · Maintenance of books by market functionaries.— Every market functionary shall, immediately after weighment or measurement or counting of the notified agricultural produce, issue a bill in triplicate in the form prescribed in that behalf by the Bye-laws to every purchaser furnishing details (including price) of all the agricultural produce sold by him. One copy of the bill shall be submitted to the Marketing Board and another shall be retained by him, and third copy shall be supplied to the seller.

82 · Levy of Market fees.— (1) The Marketing Board may collect market fees through its licensed/registered commission agents.

83 · Check Post.— (1) The Marketing Board may open check post to avoid nonpayment of fees in the notified market area and shall inspect vehicles, carts, boats, carrying notified agricultural produce within and outside the notified market area. The Marketing Board shall also inspect the documents regarding purchase, sale, payment of fees etc.

84 · Penalty for evasion of payment of market fees.— Any person removing or attempting to remove any agricultural produce from any notified market area or allowing the transport of any such notified agricultural produce from such area in contravention of the provisions of rule 84 and before the fee has been paid therefore, in order to evade or facilitate evasion of the payment of the fees, shall be punishable with fine which may extend to rupees two hundred only.

85 · Disqualification of the holder of licence/registration.— The holder of the licence/registration shall be disqualified in the event of non payment of due market fee on the notified agricultural produce.

86 · Register for market fees.— The Marketing Board shall maintain a register in Form 'P' appended hereto showing the market fees under section 34 of the Act or any other charges collected. A receipt shall be given to every person in respect of the fees or charges so collected under these Rules.

87 · Use of employees for collecting market fees.— The fees under section 34 of the Act shall be collected by the authorized officers and servants of the Marketing Board. The

88 · Employees collecting market fees.— Every authorized officer or staff of the Marketing Board, other than the Secretary, shall carry an identification card given under the seal of the Marketing Board authorizing him to collect fees on behalf of the Marketing Board.

89 · Inspection of cash and accounts by the Secretary of the Marketing Board.— The Secretary shall arrange to inspect and check periodically the cash and accounts of the officers and staff, authorized to collect fees on behalf of the Marketing Board.

90 · Application for grant of licence under sections 52 and 54 of the Act and fees chargeable therefor.— (i) Any person who sets up one or more Private Yard; or market; or

91 · Grant of licence to establish Private Yard and Consumer/Farmer Market.— (1) Every application to establish private market yard/private market and consumer/farmers market shall be accompanied with.—

92 · Issue of licence for direct purchase of agricultural produce.— (1) The applicant while applying for licence for direct purchase of agricultural produce shall furnish the details of the centers to be opened for procurement and shall also submit to the State Marketing Officer the names of the new centers that are opened in the course of his business within a period of three days of their opening.

93 · Renewal of licence.— (1) A licence granted under section 54, shall be valid for period for which it is granted and shall, subject to any order passed under section 54, be renewed on application made in Form 'T' appended hereto to the authority granting it on payment of fee as applicable to grant of licence.

94 · Settlement of Disputes.— (1) The consumer/farmer market licence holder, may file a complaint in writing to the State Marketing Officer with the Court fee stamp of rupees twenty alongwith the necessary documents, within a period of thirty days from the date of arising of the dispute.

95 · Settlement of price of notified agricultural produce.— The price of the notified agricultural produce in the private yard, shall be settled considering the maximum and minimum prices prevailing in the regulated market yards.

96 · Procedure for Appeals against the order passed under sections 51, 54 and 55. — (1) An appeal preferred against an order passed under sections 51, 54 and 55 accompanied with a fee of rupees fifty only paid by challan in the Government Treasury, shall be presented to the State Marketing Officer who shall act as the Appellate Authority, in the form of a memorandum couched in respectful decorous and temperate language setting forth precisely and concisely the grounds of appeal. An authenticated copy of impugned order shall invariably be annexed to the Memorandum of appeal.

97 · Contribution to the National Council of State Agricultural Marketing Boards.— The Marketing Board may contribute to the National Council of the State Agricultural Marketing Boards an amount not exceeding 0.1% of the market fee receipts, annually.

98 · Budget of the Marketing Board.— The Marketing Board shall meet annually not later than two months preceding the commencement of the financial year to prepare and adopt budget of income and expenditure for the next year in the Form 'U' appended hereto and shall submit the same to the State Marketing Officer for sanction within a period of thirty days before the closure of the year:

99 · Audit of the Marketing Board.— The Secretary shall produce all accounts, registers, documents and other papers, which may be required by the State Marketing Officer in connection with the audit of the accounts of the Marketing Board and shall also furnish immediately any explanation called by the State Marketing Officer for the settlement of any discrepancy in such accounts.

100 · Submission of accounts of the Marketing Board.— The Secretary shall submit all accounts of the Marketing Board as required by the auditor who may be authorized by the State Marketing Officer.

101 · Power of Auditor to summon documents.— (1) The auditor may,—

102 · Auditor to report material impropriety or irregularities, loss, waste or misapplication of funds.— (1) The Auditor shall report to the Marketing Board and the State Marketing Officer any material as regards impropriety or irregularity which he may observe in the expenditure or in recovery of money due to the Marketing Board or in the accounts of the Marketing Board.

103 · Duty of the Secretary of the Marketing Board to remedy the defects or

104 · Powers of the Auditor to disallow any unauthorized items and surcharge thereon.— (1) The Auditor may disallow every item contrary to law and surcharge the same on the person making or authorizing the making of the illegal payment and may frame charge against any person responsible therefor of any deficiency, loss or unprofitable outlay incurred by the negligence or misconduct of that person or of anysum, 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.

105 · Appeal against decision of the Auditor.— Any person aggrieved by disallowance, surcharge or duly furnished with a copy of such decision within the meaning of rule 104 sub-rule (2) and (3) of rule 104 of the Rules may, within a period of fourteen days from the date of receipt of decision, appeal to the State Marketing Officer. Any order passed on such appeal by the State Marketing Officer after giving a reasonable opportunity of being heard to the concerned parties shall be final.

106 · Payment to be credited to Treasury.— Every sum certified to be due from any person by the Auditor under these Rules, shall be paid by such person into the Marketing Board Fund, within a period of fourteen days after the intimation to him of the decision of the Auditor, unless such person has appealed to the State Marketing Officer against such decision, and such sum, if not paid, or such sum as the State Marketing Officer shall declare to be due, shall be recoverable on an application made by the State Marketing Officer to the Court in the same way as an amount decreed by the said Court.

107 · Filling of half yearly returns to the Auditor by the Marketing Board.— In order to enable the Auditor to recover all the amount covered by the surcharge certificates issued by him, a half yearly return shall be sent by the Marketing Board to the Auditor and the State Marketing Officer. The action taken to effect the recoveries shall be specified in the return. The return for each half year shall include all surcharges outstanding at the end of the half year and shall be sent to the Auditor by the 10th day 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 time-barred. Where no amount is pending recovery, a 'NIL' return shall be sent. As soon as an amount is completely recovered, the Marketing Board shall report the fact to the Auditor and the State Marketing Officer.

108 · Investment of surplus amount the Marketing Board Fund.— (1) Subject to the provisions of sub-section (3) of section 44 of the Act, any surplus amount of the Marketing Board Fund remaining with the Marketing Board after meeting expenditure

109 · Repeal and saving.— (1) The Goa Agricultural Produce Marketing (Regulation) Rules, 1969 are hereby repealed.

403720 · Sir,