The Rajasthan Agricultural Produce Markets (Storage of Agricultural Produce) Rules, 1985

Published vide Notification No. F. 10(2) Agriculture/Group 2B/82, dated 24.12.1986-Rajasthan Gazette, Extraordinary, Part 4-C(1), dated 28.12.1985, p. 381

RJ417

LEGISLATIVE HISTORY 6

G.S.R. 86. - In exercise of the powers conferred under clause (i) of sub-section (1) of section 36 of the Rajasthan Agricultural Produce Markets Act, 1961, the State Government hereby makes the following rules and orders with reference to the proviso to sub-section (4) of the said section that they should be brought into force at once without their previous publication, namely:- 1. Short title. - These rules may be called the Rajasthan Agricultural [Produce] Markets (Storage of Agricultural Produce) Rules, 1985. (ii) They shall come into force at once. 2. Definitions. - (i) "Act" means the [Rajasthan Agricultural Produce Markets Act, 1961 ]; (ii) "Agriculturist" means a person as defined in clause (ii) of sub-section (1) of section 2 of the [Rajasthan Agricultural Produce Markets Act, 1961 ];

(iii) "Agricultural Produce" includes all produce whether of Agriculture, Horticulture, animal Husbandry or otherwise as defined in clause (i) of sub-section (1) of section 2 of the [Rajasthan Agricultural Produce Markets Act, 1961 ];

(iv) "Form" means a form appended to these rules;

(v) "Government" means the Government of Rajasthan;

(vi) "Director" means the [Director of Agricultural Marketing] for the State of Rajasthan;

(vii) "Trader" means a person as defined in clause (XX) of sub-section (1) of section 2 of the [Rajasthan Agricultural Produce Markets Act, 1961];

(viii) "A class Brokers" means a person as defined in clause (ii) of Rule 2 of [Rajasthan Agricultural Produce Markets Rules, 1963];

(ix) "Person" includes a Co-operative society, a firm, undivided joint family or an association or body of individuals, whether incorporated or not;

(x) "Rural Godowns" means godown constructed by the Market Committee in the rural areas under the scheme in force or any other godown constructed by the Market Committee and declared as rural godown in the above scheme by the State Government;

(xi) "Market Committee" means a committee established under section 6 of the Rajasthan Agricultural Produce Markets Act, 1961;

(xii) "Pledge" means a bailment of goods as a security for payment of a debt or performance of a promise;

(xiii) "Bank" means a Scheduled Bank as included in Schedule (2) of Reserve Bank of India Act, 1934.

General Terms and Conditions of Storage

3. Type of goods accepted for storage. - The rural godowns run by the Market Committee shall be used for the storage of agricultural produce or any other item declared by the Government. 4. (1) Maintenance of Rural Godown. - (i) The godown shall be damp proof, bird and rat proof; (ii) The godown shall be repaired whenever necessary and shall be kept disinfected;

(iii) The goods stored in the godown shall be arranged and stored in such manner as to render stock taking and verification easy and effective;

(iv) Stacks shall not be constructed touching the wall and space of about 2 feet shall be left round each stack;

(v) All goods received for storage in the godown shall be measured in cubic feet (length x breadth x hight) or weighed with or without container as the case may be and such [weight] or measure shall be taken by a licensed weigher and such [weight] or measure shall be duly stencilled on each container or labelled on each stack showing the date and quantity or [weight] or measure;

(vi) The container or the stack shall bear the name of the depositor together with the distinctive mark, if any, in bold letter;

(vii) Goods of different classes or grades or qualities shall be stored separately;

(viii) All leakages in roof dampness in walls and floors during the monsoon shall be carefully watched and repaired in good time;

(ix) All [appliances] in the godowns, such as scales, weights, measures, pockets and ladders shall be maintained correctly and in good conditions;

(x) Any other terms and conditions fixed and communicated by the prescribed authority from time to time shall be attended to or complied with.

(2) Receipts. - Receipts shall be in Form No. 7 and shall specify the following particulars :- (i) The period for which the goods are accepted for storage;

(ii) Particulars showing the ownership of and liens, mortgages or other encumbrances on, the goods covered by the receipt;

(iii) The grade, class or quality of goods.

5. Acceptance of goods. - The goods shall be accepted at the rural godowns preferably of the agriculturists on first served basis. If agriculturists are not [availing this facility] 50% of storage accommodation shall be kept as reserved for them and the rest shall be offered to non-agriculturists for a period on first come first sewed basis. 6. The goods shall be inspected and weighed, [x x x] at the time of deposit to determine their quantity and value. As and when goods are received in a rural godown receipt in proforma as per Annexure-I, shall be issued by an officer of the Market Committee, not below the rank of Supervisor to the depositor on the terms and conditions for storage of goods. The person incharge of godown shall be a trained one on in the maintenance of the godown in scientific [manner]. 7. The rural godowns receipt shall be required to be presented/surrendered at the time of part/full delivery of goods. 8. Samples of goods stored. - Two samples shall be drawn out of the goods brought by the depositor to store to adjudge the quality. One will be given to the depositor and the other one will be kept in market committee office[,] bearing name of the depositor and also the distinctive identifying mark on the bags or packages[,] as the case may be. 9. Storage charges. - The committee shall realise the storage charges from the [depositor] of the goods at the time of delivery for the services rendered. 10. Storage charges shall be such as are fixed by the State Government from time to time. The agriculturists shall be allowed a rebate of 40% but [bonafide] small and marginal farmers under integrated Rural Development/Massive programme for assistance to small formers and marginal farmers as declared by District Rural Development Agency shall be reallowed rebate of 50% on charges prescribed by the State Government; 11. [x x x] 12. Advance to the farmer against pledge of produce. - Agriculturist on [storing] of his produce in the rural godown, he may apply to the Bank for an advance under intimation to the market committee, on the terms and conditions specified by the Reserve Bank of India against the godowns receipt issued to him. On receipt of the loan from the Bank in respect of amount advanced against the receipt, necessary entries shall be made in the records of the market committee. The rate of goods shown in the receipt shall be the support [price which does not exceed] the minimum rate in the last preceding market committee's official year [,] as defined in Rajasthan Agricultural Produce Rules, 1963 shall be taken into account and this rate shall be fixed at the beginning of each year of Crop Season by the Market Committee with the approval of the District Collector. 13. Government agencies. - In the event of rural godowns falling vacant, the Market Committee may permit such Government agencies as Food Corporation of India/Rajasthan State Warehousing Corporation/Central Warehousing Corporation/NAFED/RAJF ED or any other agency declared by the Government to store the goods in these godowns at the rates and conditions specified by the State Government. 14. Period of Storage. - The depositor can deposit the produce for a period of not exceeding [300 days but 15 days before the expiry of the said period,] the Market Committee shall intimate the depositor about ensuring expiry of the deposit period and in case the depositor does not get his produce released within [300 days] the produce shall be auctioned by the Market Committee and after recovering the storage charges/Bank's advance with interest the balance will be remitted to the depositor. [14A. Inspection of goods. - Depositor shall be allowed to inspect his goods (deposited) once a month and if the pledged goods get damaged due to the negligence of staff, depositor shall be entitled to claim damages. It shall be the duty of Market Committee to pay him immediately without waiting for Insurance Company's statement regarding the assessment of the loss.] 15. Insurance. - It will be the responsibility of the Market Committee to get the rural godown insured against risk of fire, theft, house breaking and [rain flood, riots, destruction by rats, insects, and burglary of the stock] stored in godowns. The liability of the Market Committee for insurance purpose shall be limited to the value of goods on the rate specified in the godown receipt reduced by the recovery of [salvage] of produce in any return to the depositor or sold in the Market. In the event of any loss due to fire, or theft, the depositor shall co-operate with the Market Committee to furnish details for finalising the claim from, the Insurance Company. 16. Payment of Market Committee's dues. - The Market Committee as [bailee] of goods shall have right to recover all its dues before release of goods. The storage charges shall be payable at the time of taking delivery of goods. 17. Procedure of pledging and releasing of goods. - As soon as the goods are received in the rural godowns, the competent officer of the Market Committee shall issue to the depositor a godowns receipt and depositor [may take advance] from the Bank against the godowns receipt in accordance with rules/instructions of Reserve Bank of India and when depositor desires to dispose off the produce, depositor will approach the competent authority of the Market Committee to put the produce in the open auction which will be deemed to be part of rural godowns for the time being and after settlement of rate and weighment, the purchaser shall pay [by] a cheque in the name of the Bank on the receipt of which, the Bank will release the godowns receipt and accordingly the depositor shall pay the Market Committee the storage charges as indicated by the Market Committee. Thereafter the goods will be delivered to the purchaser. 18. Inspection. - The Bank or the Director or his authorised person shall have the right of [inspection] of the godown and the records of the Godowns and when consider necessary. 19. Management of Rural godowns. - The competent authority of the Market Committee shall maintain the following registers in the [proforma] as noted against each :- 1. Receipt Stock Register.

2. Depositor's Ledger.

3. Released Stock Register.

4. Register of Receipt issued and cancelled.

5. Balance of Stock Register.

[6. Inspection Register.]

Annexure I

Krishi Upaj Mandi Samiti ....... (Rajasthan)

Rural Godown Receipt-Negotiable/Non-Negotiable Serial No. of Receipt: Raj/KUMS/ Name and Location of rural godown :........................................... Rural Godownman's licence No.:..................Valid upto ................... Received from (Name and address of the depositor.............................. Goods of the following description :

Kind	Class or standard quality and/or	No. of Packages or lots	Net quantity in Mds/Kgms by weight or measure	Name and/or Licence No. of the Weigher/ Classifier/Sampler

Conditions of goods - (1) Good (2) Fair (3) Average Private marks of the depositor on the packages if any Rate of storing and other charges Identified/insured for Fire/Theft/Riots/Other contingency with If insured (name of Insurance Co.) for the amount of Rs....................................................................................... The goods are accepted for storage from........................to........................... Market rate at the time of deposit.....................................Valuation. Signature of the Secretary, Market Committee or his Agent.

The goods mentioned below are hereby released from the receipt for delivery from Rural Godown. Any unreleased balance of goods is subject to a lien for unpaid and advances on the released portion.

Date	Quantity Released	Signature	Quantity due on Receipt.

1. Tender for storage. - (a) All goods for storage shall be delivered at the-rural godown properly marked and packed for handling. In the case the Rural Godownman consider it necessary to make a 'Pala' and standardise and change the packages he will be entitled to do so and the depositors shall be liable to pay the charges on that account. The Rural Godownman may at his discretion, refuse to accept goods which are in a condition not likely to stand storage. The Rural Godownman shall give identity mark on each package. (b) The word 'lot' as used herein means the unit or units of goods for which a separate account is to be kept by the Rural Godownman. Delivery of all or any units of a lot shall be made without subsequent sorting except by special arrangement and in that event subject to a charge.

(c) The Rural Godownman undertakes to store and deliver goods only in the packages in which they are originally received unless otherwise provided by arrangement in writing between the depositor and Rule Godownman.

2. Storage charge. - (a) Storage charge will be made on a monthly basis and number of days in excess of a month will be charged on weekly basis. Unless otherwise provided, where storage is for less than a month the charge will be for the whole month. 3. Manner in which Perishable or Deteriorating goods are to be dealt with. - (a) Where goods are of perishable nature or by keeping will deteriorate greatly in value or [damage other goods] the Rural Godownman may give such notice as is reasonable and possible under the circumstances to the holder of the receipt for the goods. If the name and address of the holder is known to the Rural Godownman or if not known to him, then to the depositor, requiring him to satisfy the lien upon the goods and to remove them from the rural Godownman and on the failure of such person to satisfy the lien and to remove the goods within the time prescribed in notice, the Rural Godownman may sell, the goods by public sale at the risk and cost of the depositor. (b) If the Rural Godownman after a reasonable effort is unable to sell the goods, he may dispose of them in any manner he may think fit and shall incur no liability by reason thereof.

(c) The Rural Godownman shall, from the proceeds of any sale made pursuant to this provision satisfy his lien and shall hold the balance if any, in trust for the holder of the receipt.

4. Delivery requirements. - (a) Instructions for delivery or transfer of goods shall always be in writing and signed by the depositor or his authorised agent. (b) When a rural godown receipt has been issued, no goods covered by that receipt shall be delivered unless the receipt properly endorsed is surrendered for cancellation or for endorsement of partial delivery thereon.

(c) Should a Rural Godown receipt be lost or destroyed, goods covered by it shall not be delivered until, the person lawfully entitled to possession of the goods, obtains and surrenders a duplicate receipt. The duplicate will be issued on such terms and conditions and on furnishing a bond to indemnify a Rural Godownman against any liability as provided under the Act and the Rules.

5. Diligence requirements. - (a) The Rural godownman undertakes to exercise reasonable care and diligence required by the law for keeping the goods. (b) The rural godownman's liability is limited to the value of goods on the date of deposit.

(c) Perishable goods or goods which are susceptible to damage through temperature of humidity changes are accepted only at owners risk for such damage as might result from general storage conditions.

(d) The depositor of goods shall examine the contents of goods at the time of taking delivery & shall give notice in writing with full particulars of the loss or damage, if any, caused to the goods, to the Rural godownman, forthwith or give notice within 72 hours of his examining the goods and defer taking delivery of the goods till then. A copy of the notice shall also be sent to the prescribed authority. No claim against the godownman, shall be valid if such notice of loss or damage has not been given by the depositor as aforesaid. Similar notice for claim of damage shall be given to the Rural Godownman by depositor in case he (depositor) comes to know of the loss or damage while the goods are in the Rural Godown.

(e) The Rural Godownman is not responsible for usual and customary shrinkage in weight and effect on quality during storage due to natural causes.

(f) The quality, conditions, value and contents of goods are unknown to the Rural Godownman except when specifically mentioned in the rural godown receipt.

6. Schedule of charges and Insurance. - (a) Whenever provision is made in these contract terms and conditions for a charge or charges by the Rural Godownman, such charge or charges will not exceed the rule godownman's tariff in effect at the time the charge accrues or the service is performed. (b) The schedule of maximum tariff to be charged shall be that approved by the prescribed authority.

(c) (i) All goods stored in the Rural Godown will be insured against the risk of fire and burglary. Against other risks prescribed under the Act, the goods stored shall be insured to the extent as may be requested in writing by the depositor on payment of additional charges, for that purpose. Where it is permissible for this Krishi Upaj Mandi Samiti to indemnify the depositor for the goods deposited in his rural Godown, this Krishi Upaj Mandi Samiti agrees to compensate the depositor, at the rate not the market rate of the goods at the time of the deposit for exceeding any loss or damage which may be caused to them, during the period of deposit, by fire and burglary. Against other prescribed risk, if any, the Krishi Upaj Mandi Samiti agrees to compensate the depositor in the same manner, if request to that effect has been made by the depositor in writing and he has actually paid extra charges for the additional risks before the commencement of storage.

(ii) Notwithstanding anything contained in sub-clause (i), The Krishi Upaj Mandi Samiti may in its discretion, insure the goods in its Rural Godown for the same value as is specified in sub-clause (i) against riot and civil commotion, if, in its opinion, there is an imminent danger thereof and shall, on doing so, be entitled to recover from the depositor charges in respect thereof in addition to the usual Rural Godown charges.

(d) When goods are transferred from one room to another or from one Rural Godown to another at the request of the depositor a charge for handling and transport, if any, will be made.

(e) The rural Godown may also transfer at his own expense, without notice, any goods in storage from one room to another in the Rural Godown provided transfer involved charge in the class of storage.

(f) Charges for handling, loading, unloading and extra service rendered in the interest of the depositor are to be paid for by the depositor of goods in addition to the usual Rural Godownman charges.

7. The provision of R.A.P.M. Act, 1961 and rules framed thereunder for use of Rural Godowns shall be applicable.

Annexure 2

Receipt Stock Register

Rural Godowns

Godowns No ................... Reference of Policies of InsuranceSituated at......................... Name of Companies, with whom insuredOwners Name .................. Amount for which insured.

Date of Depositor	Name of person who deposited the goods	No. of Units	Weight and/or measurement/ description	Grade or quantity stored	Description	Godowns receipt No.	Remarks if any
1	2	3	4	5	6	7	8

Annexure 3

Depositor Ledger

(i) Deposit No.....................

(ii) Name of the Depositor.......... Godown No Name of the Company Period with date of expiry

(iii) Address of Depositor............. Where Stored Particulars of Insurance

Description of Goods Received

Date of deposit	Godowns receipt No.	No. of package and bags or quantity	Weight or/and measurement/ description	Grade or quality standard	Description	Name of Bank and advance taken with date
1	2	3	4	5	6	7

Description of Goods Released

No. of packages or bags or quantity	Weight or/and measurement/ description	Grade or quality standard	Description	Expenses of stocking or charges of godowns	Particulars of payment made by depositor with date of payment and total amount
1	2	3	4	5	6

Annexure 4

Released Stock Register

Date of released goods	Name of person taking delivery	No. of Units	Weight and/or measurement/ description	Grade or quantity standard	Description	Delivery Order No.	Remarks if any
1	2	3	4	5	6	7	8

Annexure 5

Register of Receipt Issued and Cancelled

				Cancellation of receipt
Serial No.	No. of Receipt	Date of issue of receipt	Name of the depositor	Date of the cancellation	Signature of Godown Keeper	Remarks
1	2	3	4	5	6	7

Annexure 6

Balance of Stock Register

No. of Units	Weight or measurement	Grade or quality standard	Description	Market price of goods on the date of despatch	Initial of the Godown Keeper	Initial of checking officer with date	Remarks if any
1	2	3	4	5	6	7	8

Annexure 7

Delivery Order

To,

The Supervisor/Secretary,

Rural Godown, Krishi Upaj Mandi Samiti,

Dear Sir,

The goods deposited with you on.................... may please be delivered to me/or to .................... whose specimen signature is attested below alongwith Godown receipt No .......................... dated ............ issued by you.

Description of Goods to be Delivered

Description of goods	No. of packages etc. (in words and figures)	Weight or/measurement in words and figures	Market price	Special marks if any	Remarks
1	2	3	4	5	6

Yours faithfully,

Depositor/Agent.

PlaceDate

Received the above goods in condition

Delivered

Depositor

Annexure 8

Application for Deposit of Goods

To,

The Supervisor/Keeper,

Rural Godown..........

Dear Sir,

Please take delivery of the following goods. I have gone through the Rajasthan Agricultural Produce Markets (Storage of Agricultural Produce) Rules, 1985. The terms and conditions mentioned therein, I agree to abide.

Description of goods	Grade or qualities	No. of packages, bags quantity etc. with special mark if any
1	2	3

Measurement or weight	Market price at	Total valuation of goods	Remarks if any
4	5	6	7

I certify that the goods mentioned as above are bonafide property of myself/ of Shri ...............Village/Town ............... District ............... and no other person has any claim against them,

Full name and address of depositor/Agent.My/our Specimen signature(s) is/are.Place...........Date............

Yours faithfully,

Depositor/Agent