U.P. Co-operative Cold Storage Potato Compensation Fund Rules, 1992

The U.P. Co-operative Cold Storage Potato Compensation Fund Rules, 1992

Published vide Notification No. 2993/12-C-3-1992-100 (50)088, dated 24.6.92, published in U P. Gazette (Extraordinary), Part 4, Section Ka, dated 3.7.92

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In exercise of the powers under sub-section (1) read with clause (XLIV) of sub-section (2) of Section 130 of the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act No. XI of 1966), the Governor is pleaded to make the following rules with a view to give financial assistance under clause (d) of Section 55 of the said Act, to a Co-operative Cold Storage in Uttar Pradesh in which the potatoes are damaged during the storage.

1. Short title, commencement and application.- (1) These rules may be called the Uttar Pradesh Co-operative Cold Storage Potato Compensation Fund Rules, 1992.

(2) They shall come into force with effect from the date of their publication in the Gazette.

(3) They shall apply to all cooperative cold storages of Uttar Pradesh.

2. Definitions.- (1) In these rules unless there is anything repugnant in the subject or context.

(a) "Act" means the Uttar Pradesh Cooperative Societies Act, 1965;

(b) "Cold Storage" means an enclosed chamber insulated and mechanically cooled by refrigeration machinery to provide refrigerated condition to potato stored therein, but does not include refrigerated cabinets and chilling plants having a capacity of less than 100 cubic metres as defined in the Uttar Pradesh Regulation of Cold Storages Act, 1976;

(c) "cooperative Cold Storage" means a cold storage, which is run by a cooperative society registered under the provisions of the Act;

(d) "Deterioration of Potato" includes loss of weight or bulk by driage or shrinking or gain of weight of bulk by absorption moisture of if the loss or gain exceeds such limits as the Licensing Officer may from time, having regard to the climatic conditions of different areas, fix by notification published in the Gazette under Section 17 of the Uttar Pradesh Regulation of Cold Storages Act, 1976;

(e) "Licensing Officer" means the Director of Horticulture and Fruit Utilization, Uttar Pradesh and except in the explanation to Section 17 of the Uttar Pradesh Regulation of Cold Storages Act, 1976, includes any officer empowered by the Director of Horticulture and Fruit Utilization, Uttar Pradesh in his behalf to exercise some or all of the powers of Licensing Officer under the said Act;

(f) "Storage Season" means the period starting of First day of February and ending with thirtieth day of November in a calendar year.

(g) "Storer" means a person, who, on payment, hires space in a cooperative cold storage for storing potato.

(2) Words and expressions used in these Rules and not defined therein but defined in the Uttar Pradesh Regulation of Cold Storage Act, 1976, shall have to the meanings assigned to them therein.

3. Creation of fund.- The fund shall comprise of the following:

(1) Subsidy of State Government;

(2) Contribution to be made by Cooperative Societies as may be decided by the Registrar from time to time on matching basis; and

(3) Interest earned on the money deposited in the Fund.

4. Maintenance of fund.- (1) An account in the name of the "Uttar Pradesh Cooperative Cold Storage Potato Compensation Fund" shall be opened in the Uttar Pradesh Cooperative Bank Ltd, Lucknow which will be operated by the Registrar or by any person or persons authorised by him.

(2) The Account of the Fund shall be maintained in the office of the Registrar.

5. Procedure for utilisation of fund.- (1) Whenever potato stored in a cold storage begin to deteriorate, or, are likely to deteriorate from a cause beyond the control of the management of the cold storage or where the storer fails to take delivery of the potato stored in the Cold Storage within a period of fifteen days from the date specified therefor in the receipt, the management shall forthwith give notice thereof to the storer, requiring him to take delivery of potato immediately after surrendering the receipt duly discharged and paying all charges due to the cold storage and send a copy of such notice to the licensing officer.

(2) Where the storer fails to comply with the notice referred to in sub-rule (1) within a period of seven days from the dale of service thereof, the management of cold storage may cause potato to be removed from the cold storage and sold by public auction at the cost and risk of their storer:

Provided that the management of cold storage shall give notice of the sale to the Licensing Officers at least forty-eight hours before such sale, and the licensing officer shall supervise such sale either himself or through an officer authorized by him in that behalf.

(3) If there is any excess in weight or bulk of potato stored, as defined in clause (d) of sub-section (1) of Rule 2 in a cold storage by absorption of moisture or other causes, the management of cold storage shall not be entitled to such excess.

(4) After adopting the process laid down in sub-rules (1) and (2) the information regarding damage or deterioration of potato in a cold storage shall be furnished by the concerned cooperative society to the Licensing Officer and the Registrar with full details and particulars within one week from the dale of the damage or deterioration on a pro forma prescribed by the Registrar:

Provided that if the society fails to furnish the required information within the prescribed period to the concerned authorities, the Licensing Officer may extend the period for another one week.

(5) On receiving the information, the Licensing Officer shall get the enquiry made on the spot within a fortnight by an officer authorised by him and shall cause the enquiry report to be placed before the committee constituted for the purpose.

(6) The Committee mentioned in sub-rule (5) shall comprise of-

(7) The Committee after considering the report of enquiry officer and after notice to the storer shall make final recommendation regarding the amount of compensation to be paid to the storer.

(8) The recommendation of the Committee shall immediately be sent to the Registrar by the Convener of the Committee.

(9) The Registrar, after giving due consideration to the recommendation of committee and after giving notice to the storer, shall, if satisfied make order for payment of the compensation from the Fund:

Provided that if the Registrar, for reason to be recorded, is not satisfied with the recommendation of the Committee, he shall make a reference to the Licensing Officer for order under sub- section (1) of Section 25 of the Uttar Pradesh Regulation of Cold Storages Act, 1976.

(10) If the storer is not satisfied with the order of the Registrar, he may make a reference under sub-section(1) of Section 25 of the Uttar Pradesh Regulation of Cold Storages Act, 1976 to the Licensing Officer and subject to decision of any appeal, if filed under Section 36 of the said Act, the decision of Licensing Officer shall be final.