For Official Use
The Food Corporations Act, 1964
(As on the 29th August,. 2001)
The Food Corporations Rules &
Regulations, 1965
(As on
The Food Corporation of
16-20.
APPENDIX 1.7
THE FOOD CORPORATION ACT, 1964
ACT NO 37 OF 1964
(AS AMENDED UPTO 29TH August, 2001)
An Act to provide for the establishment of Food
Corporations for the purpose of trading in foodgrains
and other foodstuffs and for matters connected therewith and incidental
thereto.
Be
it enacted by Parliament in the Fifteenth Year of the
CHAPTER I
PRELIMINARY
1. Short
title, extent and commencement
(1) This
Act may be called the Food Corporations Act, 1964
*1 (2) It extends to the whole of
*2 (3) It shall come into force on such date as
the Central Government may, by
notification in the Official Gazette, appoint.
2. Definitions
In this Act, unless the context otherwise requires.—
(a) “Corporation”
means the Food Corporation of
(b) “Food
Corporation” means the Food Corporation of
3*(bb) “foodstuffs”
includes edible oil seeds and oil’
(c) “prescribed” means prescribed by rules made under this Act;
(d) “scheduled
bank” means a bank for the time being included in the Second Schedule to the
Reserve Bank of India Act, 1934 (2 of 1934);
(e) “state Food Corporation” means a State Food Corporation
established under section 17’
(f) “year” means the financial year.
1.
Omitted by act 67 of 1972, s.2
2.
17.12.1964 vide Notification No. GSR 1808, dt. 16.12.1964 Gazette of India, Extraordinary, Pt.
II, Sec. 3(i), p.869.
3.
Ins. By Act 67 of
1972, s.3
CHAPTER II
THE FOOD CORPORATION OF
1*
3. Establishment
of Food Corporation of
(1) With effect from such date as the Central Government
may, by notification in the Official Gazette, specify in this behalf, the
Central Government shall establish for the purposes of this Act a Corporation
known as the Food Corporation of
(2) The Corporation shall be a body corporate with the
name aforesaid, having perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold and dispose of property
and to contract , and may, by that name, sue and be sued.
4. Offices
and agencies.
(1) The
head office of the Corporation shall be at
2* The Corporation may establish offices or
agencies at other places in or outside
Provided that no such office or
agency shall be established at any place outside
5. Capital
of Corporation
(1) The
original capital of the Corporation shall be such sum not exceeding one hundred
crores of rupees as the Central Government may fix.
(2) The
Central Government may from time to time increase the capital of the
Corporation to such extent and in such manner as that Government may determine.
(3) Such
Capital may be provided by the Central Government from time to time after due
appropriation made by Parliament by law for the purpose and subject to such
terms and conditions as may be determined by that Government.
*
1. 1.1.1965;
vide Notification No. GSR 1809 dated 16.12.1964, Gazette of India,
Extraordinary, Pat. II, Sec. 3(1)P.869.
2. Subs. By Act of 67 of 1972, s.4
6. Management
(1) The
general superintendence, direction and management of the affairs and business
of the Corporation shall vest in a board of directors which may exercise all
such powers and do all such acts and things as may be exercised or done by the
Corporation under this Act.
(2) The
board of directors, in discharging its functions, shall act on business
principles having regard to the interests of the producer and consumer and
shall be guided by such instructions on questions of policy as may be given to
it by the Central Government
(3) If any
doubt arises as to whether a question is or is not a question of policy, the
decision or the Central Government thereon shall be final.
7.
Board of Directors
(1) The
board of directors of the Corporation shall consist of the following, namely:-
(a) a chairman
(b) three directors to represent respectively the Ministries of
the Central Government dealing with –
(i) food
(ii) finance, and
(iii) co-operation;
(c) the managing director of the Central Warehousing Corporation
established under section 3 of the Warehousing Corporations Act, 1962 (58 of
1962) ex officio;
(d) a managing director
(e) six other directors
(2) All
the directors of the Corporation other than the director referred to in clause
© of sub-section (1) shall be appointed by the Central Government.
(3) The
managing director shall—
(a) Exercise
such powers and perform such duties as the board of directors may entrust or
delegate to them; and
(b) Receive
such salary and allowances as the board of directors may, with the approval of
the Central Government, fix:
Provided that the first managing director shall
received such salary and allowances as the Central Government may fix.
(4) The
term of office of, and the manner of filling casual vacancies among, the
directors of the Corporation, other than the director referred to in clause ©
of sub-section (1), and the other terms and conditions of appointment of the directors of the Corporation shall,
subject to the provisions of sub-section (3), be such as may be prescribed.
8. Disqualification
for office of director
A person shall be disqualified for being appointed as,
and for being, a director of the Corporation—
(a) if he is, or at any time has been, adjudicated insolvent or
has suspended payment of his debts or has compounded with his creditors; or
(b) if he is of unsound mind and stands so declared by a
competent court; or
(c) if he is or has been convicted of any offence which in the
opinion of the Central Government involves moral turpitude; or
(d) if he has been removed or dismissed from the service of the
Government or a corporation owned or controlled by the Government; or
(e) except in the case of the Chairman or the managing director,
if he is a salaried official of the Food Corporation of
9. Removal
and resignation or directors
(1) The
Central Government may, at any time, after consultation with the Corporation,
remove the managing director from office after giving him reasonable opportunity of showing
cause against the proposed removal.
(2) The
board of directors may remove any director from office who—
(a) is or has become subject to any of the disqualifications
mentioned in section 8; or
(b) is absent without leave of the board of
directors from more than three consecutive meetings thereof without cause
sufficient, in the opinion of the board, to exonerate his absence.
(3) A
director of the Corporation may resign his office by giving notice thereof in
writing to the Central Government and on such resignation being accepted, he
shall be deemed to have vacated his office.
10. Meetings
(1) The
Board of Directors of the Corporation shall meet at such times and places and
shall observe such rules of procedure in regard to the transaction of business
at its meetings (including the quorum at meetings) as may be provided by
regulations made by the Corporation under this Act.
(2) The
Chairman of the board or, if for any reason he is unable to attend any meeting,
any other director elected by the directors present at the meeting, shall
preside at the meeting;
(3) All
questions which come up before any meeting of the board shall be decided by a
majority of the votes of the directors present and voting, and, in the event of
an equality of votes, the Chairman, or in his absence, the person presiding,
shall have and exercise a second or casting vote.
11. Advisory
Committee
(1) The
Central Government may, in consultation with the Corporation,
by notification in the official
Gazette, constitute one or more Advisory Committee consisting of such persons
and on such terms and conditions as may be prescribed.
(2) It
shall be the duty of any such Advisory Committee to advise the Central
Government or the Corporation in regard to any matter connected with the
purpose of this Act in respect of which its advice is sought by the Central
Government, or as the case may be, by the Corporation.
(3) The
expenses in relation to the Advisory Committee shall be met by the Corporation.
12. Officers
and other employees of Corporation
(1) The
Central Government shall, after consultation with the Corporation, appoint a
person to be the Secretary of the Corporation.
(2) Subject
to such rules as may be made by the Central Government in this behalf, the
Corporation may appoint such other officers and employees as it considers
necessary for the efficient performance of its functions.
(3) The
methods of appointment, the conditions of service and the scales of pay of the
Officers and other employees of the Corporations shall—
(a) as respects the Secretary, be such as may be prescribed.
(b) as respects the other officers and employees, be such as may
be determined by the regulations made by
the Corporation unset this Act.
*1
12A. Special provisions for transfer of
Government employees to the Corporation in certain cases.
(1) Where
the Central Government has ceased or ceases to perform any functions which
under section 13 are functions of the Corporation, it shall be lawful for the
Central Government to transfer, by order and with effect from such date or
dates (which may be either retrospective to any date not earlier than the 1st
January, 1965, or prospective) as may be specified in the order, to the
Corporation any of the officers or employees serving in the Department of the
Central Government dealing which food or any of its subordinate or attached
offices and engaged in the performance of those functions:
Provided that no order under this sub-section shall be
made in relation to any office or employees in such Department or office who
has, in respect of the proposal of the Central Government to transfer such office
or employee to the Corporation, intimated within such time as may be specified
in this behalf by the Government, his intention of not becoming an employees of
the Corporation.
(2) In
making an order under sub-section (1), the Central Government shall, as far as
may be, take into consideration the functions which the Central Government has
ceased or ceases to perform and the areas in which such functions have been or
are performed.
*2(3) An
officer or other employee transferred by an order made under sub-section (1)
shall, on and from the date of transfer, cease to be an employee of the Central
Government and become an employee of the Corporation with such designation as
the Corporation may determine and shall, 1*(subject to the provisions of
sub-section (4), (4A), (4B), (4C), (5) and (6))}, be governed by the
regulations made by the Corporation under this Act as respects remuneration and
other conditions of service including pension, leave and provident fund, and
shall continue to be an officer or employee of the Corporation unless and until
his employment is terminated by the Corporation.
*
1. Ins. By Act 57 of 1968, s.2
2. Subs. By Act 1977 s.2 (w.e.f. 31.12.76)
(4) Every
officer or other employee transferred by an order made under sub-section (1)
shall, within six months from the date of transfer, exercise his option in
writing to be governed,--
(a) by
the scale of pay applicable to the post held by him under the Government
immediately before the date of transfer or by the scale of pay applicable to
the post under the Corporation to which he is transferred.
(b) by
the leave, provident fund, retirement or other terminal benefits admissible to
employees of the Central Government in accordance with the rules and orders of
the Central Government as amended from time to time or the leave, provident
fund or other terminal benefits admissible to the employees of the Corporation
under the regulations made by Corporation under this Act,
and such
option once exercised shall be final:
Provided that the option exercised under clause (a)
shall be applicable only in respect of the post to which such officer or
employee is transferred to the Corporation and on appointment to a higher post
under the Corporation, he shall be eligible only for the scale of pay
applicable to such higher post:
Provided further that if immediately before the date
of his transfer any such officer or employee is officiating in a higher post
under the Government either in a leave
vacancy or in any other vacancy of a specified duration, his pay, on transfer,
shall be protected for the unexpired period of such vacancy and thereafter he
shall be entitled to the scale of pay applicable to the post under the
Government to which he would have reverted or to the scale of pay applicable to
the post under the Corporation to which he is transferred, whichever he may
opt:
Provided also that when an officer or other employee
serving in the Department of the Ministry of the Central Government dealing
with food or in any of its attached or subordinate offices is promoted to
officiate in a higher post in the Department or office subsequent to the transfer to the Corporation of any other officer or employee senior to him in that Department or office
before such transfer, the officer or other employee who is promoted to officiate in such higher post shall, on transfer
to the Corporation, be entitled only to the scale of pay applicable to the post
he would have held but for such promotion or the scale of pay applicable to the
post under the Corporation to which he is transferred, whichever he may opt.
1*{(4A)
Notwithstanding anything contained in sub-section (4)
–
(a) every
officer or other employee in respect of whom an order of transfer under
sub-section (1) had been made before the date of commencement of the Food
Corporations (Amendment) Act, 1977 (hereafter in this section referred to as
the appointed day) shall, whether or not he had exercised the option under
sub-section (4) before the appointed day, exercise such option within six
months from the appointed day; and
(b) every officer or other employee in respect of whom an order
of transfer under sub-section 1) may be made after the appointed day shall,
within six months from the date or such order, exercise his option under
sub-section (4),
and in
each such option once exercise shall be final:
Provided that where an officer or other employee
having exercised an option under sub-section (4) before the appointed day –
(i) has died or
retired before the appointed day, or dies or retires after the appointed day,
before exercising the option as required by this sub-section, or
(ii) does not exercise the option as required by this
sub-section,
the option already exercised by him shall be deemed to
have been validity exercised by him under
sub-section (4).
(4B) Where an office or other employee –
(a) has
dies or retired, or dies or retires, after an order of transfer under
sub-section (1) in respect of such officer or other employee is made but before
exercising the option under sub-section (4) or, as the case may be, as required
by sub-section (4A); or
(b) has died or retired, or dies or retires, before an order of
transfer under sub-section (1) in respect of such officer or other employee is
made.
he shall,
notwithstanding anything contained in sub-section (4) or sub-section (4A),--
(i) in a case falling under clause (a),
be deemed to have exercised an option under sub-section (4); and
(ii) in a case falling under clause (b), be deemed to have been
transferred under sub-section (1) and exercised and option under sub-section
(4)
*
- Ins. By Act 12 of 1977
s.2 (w.e.f. 31.12.76)
to be
governed by the leave, provident fund, retirement or other terminal benefits
admissible to the employees of the Central Government in accordance with the
rules and orders of the Central Government as amended from time to time.
Provided that nothing in clause (a) of this
sub-section shall apply to an officer or other employee who has, before the
appointed day, been paid the terminal benefits as admissible to the employees
of the Corporation under the regulations made by the Corporation under this
Act, unless such officer or other employee refunds in a lump sum within six
months from the appointed day the amount of contributions made by the
Corporation towards such terminal benefits:
Provided further that nothing in
clause (v) of this sub-section shall apply to an officer or other employee who
has intimated, under the proviso to sub-section (1), his intention of not
becoming an employee of the Corporation.
(4C) Where an officer or other employee has exercised
an option under sub-section (4), or exercises, or is deemed to have exercised, an
option under that sub-section, read with sub-section (4A) or sub-section (4B) , to be governed by the leave, provident fund, retirement
or other terminal benefits admissible to the employees of the Central
Government, such benefits shall be calculated on the basis of the pay and
allowances drawn by him in the Corporation.}
(5) No
officer or
other employee transferred by an order made under sub-section (1). —
(a) shall
be dismissed or removed by an authority subordinate to that competent to make a
similar or equivalent appoint under the Corporation as may be specified in the
regulations made by the Corporation under this Act;
1* (b) Shall be dismissed or removed or reduced
in rank except after an inquiry in which he has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of
those charges:}
2*{Provided that where it is proposed after such
inquiry, to impose upon him any such penalty, such penalty may be imposed on
the basis of the evidence adduced during such inquiry and it shall not be
necessary to give such person any opportunity of making representation on the
penalty proposed:}
- Subs. By Act 53 of
1982, s.2
- Ins. By S. ibid
1*(Provided
further that ) this clause shall not apply,--
(i) where an officer or employee is dismissed or removed or reduced
in rank on the ground of conduct which has led to his conviction on a criminal
charge; or
(ii) where the authority empowered to dismiss or remove an officer
or employee or to reduce him in rank is satisfied that for some reason, to be
recorded by that authority in writing, it is not reasonably practicable to hold
such inquiry; or
(iii) to an officer or employee who, after transfer to the
Corporation, is appointed to a higher post under the Corporation in response to
an open advertisement and in competition with outsiders.
(6) If, in
respect of any such officer or employee as aforesaid, a question arises whether
it is reasonable practicable to hold such inquiry as is referred to in sub-section
(5), the decision thereon of the authority empowered to dismiss or remove him
or to reduce him in rank shall be final.
(7) Nothing
contained in sub-section (1) shall apply to the members of the Central
Secretariat Service or any other service or to persons on deputation to the
Department referred to in that sub-section or to any of its attached or
subordinate officers from any Ministry of the Central Government or from any
State Government or from any organization.}
13. Functions
of Corporation.
(1) Subject
to the provision of this Act, it shall be the primary duty of the Corporation
to undertake the purchase, storage, movement transport, distribution and sale
of foodgrains and other foodstuffs.
(2) Subject
as aforesaid, the Corporation may also, with the previous approval of the
Central Government,--
(a) promote by such means as it thinks fit the production or foodgrains and other foodstuffs;
(b) set
up, or assist in the setting up of, rice mills, flour mills and other
undertakings for the processing of foodgrains and
other foodstuffs; and
(c) discharge such other functions as may be prescribed or as
are supplemental, incidental or consequential to any of the functions conferred
on it under this Act.
*
- Subs. By Act 53 of
1982, s.2
14. Executive
Committee and other Committees.
(1) The
Board of Directors of the Corporation may constitute an Executive Committee
which shall consist of –
(a) the Chairman of the board,
(b) the managing
director, and
(c) three other directors, of whom one shall be a non-official.
(2) The
Chairman of the board
of directors shall be the Chairman of the Executive.
(3) Subject
to the general control, direction and superintendence of the board of
directors, the Executive Committee shall be competent to deal any matter within
the competence of the Corporation.
(4) The
board of directors may constitute such other committees, whether
consisting wholly of directors or wholly of other persons or partly of directors and partly of other persons as
it thinks fit, for such purposes as it may decide.
(5) A
committee constituted under this section shall meet at such times and places
and shall observe such rules of
procedure in regard to the transaction of business at its meetings ( including
at meetings) as may be provided by regulations made by the
Corporation under this Act.
(6) The
members of the committee ( other than the
directors of the board) shall be paid by the Corporation such fees and
allowances as may be fixed by it by
regulations made under this Act for attending the meetings of the committee and
for attending to any other work of the Corporation
15. Member
of Board or Committee thereof not to vote in certain cases.
A member of the board of directors of the Corporation
or a committee thereof who has any direct or indirect pecuniary interest in any
matter coming up for consideration at a meeting of the board of directors or committee thereof, shall, as soon as possible
after relevant circumstances have come to his knowledge, disclose the nature of
his interest at such meeting and the disclosure shall be recorded in the
minutes of the board or the committee, as the case may be, and the member
shall not take any part in any
deliberation or decision of the board or
committee with respect to that matter.
CHAPTER III
BOARDS OF MANAGEMENT
16. Board of Management, their constitution and
functions.
(1) The
Central Government may, on a request received in this behalf from the State
Government or Government
concerned or otherwise, by notification in the Official Gazette,
establish a Board of Management for a State or two or more contiguous States,
if no State Food Corporation is functioning in such State or States
(2) The
head office of the Board of Management shall be at such place as the Central
Government may, by notification in the Gazette, specify.
(3) The
Board of Management shall consist of-
(a) a Chairman to be appointed by the board of directors of the
Food Corporation of
(b) the senior-most executive officer of the said Corporation employed at the head office of
the Board of Management; and
(c) not more than ten other members to be appointed by the board
of directors of the said Corporation.
(4) the
members of a Board of Management
referred to in clauses (a) and (c) of sub-section (3) shall hold office for a
term of two years and shall be eligible
for re-appointment and the other terms and conditions of their appointment shall be such as may be
prescribed.
(5) the Board of Management shall advise the Corporation on such
matters as may be generally or specifically referred to it and shall perform
such other functions as the Corporation may delegate to it.
(6) the provisions of sections 20, 21, and 25 shall, so far as
may be, apply in relation to the members of a Board of Management as they apply
in relation to the members of the board of directors of a Stat Food
Corporation:
Provided that the reference to the General Manager in clause
(e) of section
20 shall be construed as a reference to the officer of the Corporation referred to
in clause (b) of sub-section (3).
(7) The
Food Corporation of
(8) The Board of Management may, by order in writing,
authorize any one or more of its members to exercise and perform, subject to
such conditions and limitations, if any, as may be specified in the order,
such of its powers and functions as it
may think fit.
(9) The
Board of Management shall follow such procedure as may be provided by
regulations made by the Food Corporation of
(10) Where a
Board of Management has been established-
(i) for a State, or
(ii) for two or more states.
then such Board shall stand dissolved-
(a) in the case referred to in clause (i),
on the establishment of a Food Corporation for that State, and
(b) in the case referred to in clause (ii) , on the
establishment of such Corporation for any
one or more of such States;
(11) Where
a Board of Management stands dissolved under clause (b) of sub-section (10), the
Central Government may establish a new Board of Management for the State or
States for which no Food Corporation has been established.
(12) The
expenses of the Board of Management in the discharge of its functions under
this Act shall be met by the Food Corporation of
CHAPTER IV
STATE FOOD CORPORATIONS
17. Establishment of State Food Corporation
(1) The
Central Government
may, by notification in the Official Gazette and after consultation with the
Government of a State, establish a Food Corporation for that State under such
name as may be specified in the notification.
(2) A
State Food Corporation established under sub-section (1) shall be a body
corporate by the name notified under that sub-section , having perpetual
succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold and dispose of property
and to contract, and may, by the said name, sue and be sued.
(3) The
head office of a State Food
Corporation shall be at
such place within the State as may be notified by the Central
Government in the Official Gazette.
(4) Subject
to the provisions of this Act, a State Food Corporation may perform such of the
function of
the Food Corporation of
18. Capital
of State Food Corporation.
(1) The
capital of a State Food Corporation shall be such sum not exceeding ten crores of rupees as the Central Government, may , after consultation with the Food Corporation of
(2) The
Central Government may, after such consultation, from time to time increase the
capital of the State Food Corporation to such extent and in such manner as that
Government may determine.
(3) Such
capital shall be provided—
(a) by the Central Government after due appropriation made by
Parliament by law for the purpose, and
(b) by the Food Corporation of
in such
proportion and subject to such terms and conditions as may be determined by the
Central Government.
19. Management
of State Food Corporation.
(1) The general
superintendence, direction and management of the affairs and business of a
State Food Corporation shall vest in a
board of directors which shall consist of a Chairman, a General Manager and not
more than ten other members, all of whom shall be appointed by the Food
Corporation of India after consultation with the Central Government and the
State Government.
(2) The
General Manager shall—
(a) exercise such powers and perform such duties as the
board of directors may entrust or
delegate to him; and
(b) receive such salary and allowances and be governed by such
terms and conditions of service as the
board of directors may, in consultation, with the Food Corporation of
(3) The
board of directors, in discharging its functions, shall act on business
principles having regard to the interests of the producer and consumer and
shall be guided by such instructions on questions of policy as may be given to it by the
Food Corporation of
(4) If
any doubt arises as to whether a question is or is not a question of policy,
the matter shall be referred to the Central Government whose decision thereon shall
be final.
(5) The
members of the board of directors, other than the General Manager, shall be
entitled to receive by way of remuneration or fees such sums as may be
prescribed;
Provided
that no official member shall be entitled to receive any remuneration other
than any allowances admissible to him under the rules regulating his conditions
of service.
(6) The
term of office of, and the manner of filling casual
vacancies among, the members of the board of directors shall be such as may be
prescribed.
20. Disqualification for office of member of
board of directors.
A person shall be disqualified for being appointed
as, and for being, a member of the board of directors of a State Food
Corporation-
a) if he is, or at
any time has been, adjudicated insolvent or has suspended payment of his debts or has compounded with his creditors; or
b) if he is of unsound mind and stands so declared by a
competent court; or
c) if he is or has
been convicted of any offence which in the opinion of the Central Government
involves moral turpitude; or
d) if he has been
removed or dismissed from the service of the Government or a corporation
owned or controlled by the Government; or
e) except in the case of the Chairman or the General Manager, if he is a salaried official of the
Food Corporation of
21. Removal
and resignation of members of board of directors.
(1) The
Food Corporation of
(2) The
board of directors of a State Food Corporation may remove from office any member
of that board who –
(a) is or has become subject to any of the disqualifications
from mention in section 20, or
(b) is absent without leave of the board of
directors from more than three consecutive meetings thereof without cause
sufficient, in the opinion of the board, to exonerate his absence.
(3) A
member of such board may resign his office by giving notice thereof in writing
to the Food Corporation of
22. Meeting.
(1) The
board of directors of the a State Food Corporation shall meet at such times and
places and shall observe such rules of procedure in regard to the transaction
of business at its meetings (including the quorum at meetings) as may be
provided by regulations made by that Corporation under this Act.
(2) The
Chairman of the board of directors or,
if for any reason he is unable to attend any meeting, any other member of the
board elected by the members of the board present at the meeting, shall preside
at the meeting.
(3) All
questions which come up before any meeting of the board of directors shall be
decided by a majority of the votes of the members present and voting and, in
the event of an equality of votes, the Chairman or in his absence, the person
presiding shall have and exercise a second
or casting vote.
23. Appointment
of officers, etc., and their conditions of service.
(1) A
State Food Corporation may appoint such officers and other employees as it
considered necessary for the efficient performance of its functions.
(2) Every
person employed by a State Food Corporation under this Act shall be subject to
such conditions of service and shall be entitled to such remuneration as may be
determined by regulations made by that Corporation under this Act.
24. Executive
Committee and other Committees.
(1) The
board of directors of a State Food Corporation may constitute an Executive
Committee which shall consist of –
(a) the Chairman of the board of directors;
(b) the General Manager; and
(c) three other members of the board of directors, of whom one
shall be a non-official.
(2) The
Chairman of the board of directors shall be the Chairman of the Executive
Committee.
(3) Subject
to the general control, direction and superintendence of the board of
directors, the Executive Committee shall be competent to deal with any matter
within the competence of the State Food Corporation.
(4) The
board of directors may constitute such other committees, whether consisting
wholly of members of the board or wholly of other persons or partly of such
members and partly of other persons as it thinks fit, for such purposes as it may be decide.
(5) A
committee constituted under this section shall meet at such times and places
and shall observe such rules of procedure in regard to the transaction of
business at its meeting s(including the
quorum at meetings) as may be provided by regulations made by the State Food
Corporation under this Act.
(6) The
members of a committee (other than the directors of the board) shall be paid by
the State Food Corporation such fees and allowances as may be fixed by it by
regulations made under this Act, for attending the meetings of the committee
and for attending to any other work of that Corporation.
25. Member of board or committee thereof not to vote in
certain cases.
A member of the board of directors of a State Food
Corporation or a committee thereof who has any direct or indirect pecuniary
interest in any matter coming up for consideration at a meeting of the board of
directors or committee thereof, shall, as soon as possible after relevant
circumstances have come to his knowledge, disclose the nature of his interest
at such meeting and the disclosure shall be recorded in the minutes of meeting
and the disclosure shall be recorded in the minutes of the board or the
committee, as the case may be, and the member shall not take any part in any
deliberation or decision of the board or the committee with respect to that
matter,
CHAPTER V
FINCNCE, ACCOUNTS AND AUDIT
26. Submission
of programme of activities and financial estimates.
(1) A
Food Corporation shall , before the commencement of
each year, prepare a statement of programme of its
activities during the forthcoming year as well as a financial estimate in
respect thereof.
(2) The
statement prepared under sub-section(1) shall, not
less than three months before the commencement of each year, be submitted for
approval—
(a) in the case of the Food Corporation of
(b) in the case of a State Food Corporation, to the Food
Corporation of
(3) The
statement and the financial estimate of a Food Corporation referred to in
sub-section (1) may, with the approval of the Central Government, in the case
of the Food Corporation of
27. Borrowing powers of Food Corporation,
(1) A
Food Corporation may, for the purpose of carrying out its functions under this
Act.--
*2 (a) take advances against stocks of foodgrains or other foodstuffs held by it, or borrow money-
(i) from any
scheduled bank, or
(ii) from any other bank or financial institution approved by the Central Government in this
behalf, or
(iii) from any other authority , organization or institution or
from the public on such terms and conditions as may be approved by the Central
Government. or
(b) issue and sell bonds and debentures carrying interest at
such rates as may be fixed by the Central
Government at the time the bonds or debentures are issued;
*3 Provided that the amount borrowed by a Food Corporation
under clause (b)* shall not at any time exceed ten times the paid-up capital
and the reserve fund established under section 33.
(2) The
Central Government may guarantee the loans and advances taken by a Food
Corporation under sub-section (1) as to the re-payment of principal and the
payment of interest thereon and other incidental charges
*1 (3) A Food Corporation may, for the purpose of carrying out its
functions under this Act, also borrow money from the Central Government, and that
Government may,
after due appropriation made by Parliament by law in this behalf, pay to the
Food Corporation such sums of money by
way of loan on such terms and condition as that Government may determine).
1.
Ins. by Act 67 of
1972, s5
2.
Subs. By Act 36
of 1988
3.
Subs. By Act 34
of 2001
28. Lending
by Food Corporation on security of foodgrains
A Food Corporation may lend or advance money to any
person engaged in the production of foodgrains upon
the security of foodgrains or such other security as
may be prescribed, for any purpose connected with such production
29. Power
to enter into agreement for purchase of foodgrains
after harvest.
(1) A Food
Corporation may enter into agreement with any . grower
of foodcrops for the purchase of foodgrains
after the harvest of such crops and any such agreement may provide that any sum
payable by the Corporation to the grower under such agreement shall be payable
to any scheduled bank or other financing agency nominated by the grower in this
behalf to such extent as may be specified in the agreement.
(2) The
scheduled bank or other financing agency referred to in sub-section (1) may, on
the basis of any agreement referred to in that
sub-section, lend money to a grower of foodcrops
who has entered into such agreement lend money to a grower of foodcrops who has entered into such agreement.
30. Guarantee
by Food Corporation
A Food Corporation may, upon such terms and conditions
as it may think fit, guarantee any loan referred to in sub-section (2) of
section 29, and also any other loan raised by a grower of foodcrops,
which is re-payable within a period not exceeding five years.
31. Funds
of Food Corporation
(1) A Food Corporation shall have its own fund and all
receipts of the Corporation shall be credited thereto and all payments of the Corporation
shall be met therefrom.
(2) Such fund shall be
applied for meeting all administrative expenses
of the Food,
Corporation and
for carrying out the purposes of this Act.
32. Investment
of funds.
A
Food Corporation may invest its funds in the securities of the Central
Government or any State Government or in such other manner as may be
prescribed.
33. Allocation
of surplus
profits.
(1) A
Food Corporation shall establish a reserve fund to which shall be credited every year such portion of
its annual net profits as that
Corporation thinks fit.
(2) After
making provision for such reserve fund and for bad and doubtful debts, depreciation in assets and all other
matters which are usually provided for by companies registered and incorporated
under the Companies Act, 1956 ( 1 of 1956) , the balance of its annual net
profits shall be paid--.
(a) in the case of the Food Corporation of
(b) in
the case of a State Food Corporation of India, to the Central Government and
that Food Corporation of India in the same proportion as the capital provided
by them.
34. THE
FOOD CORPORATIONS (AMENDMENT) ACT , 2000
(
An Act further to amend the Food Corporations Act,
1964.
Be
it enacted by Parliament in the Fifty-first Year of the
1. (1) This Act may be called the Food Corporations
(Amendment) Act 2000.
(2) It shall come into force
on such date as the Central Government may, by notification in the official
Gazette, appoint.
2. In the
Food Corporation Act 1964, for section 34, the following section shall be substituted,
namely:-
“34. (1) A Food Corporation shall maintain proper
accounts and other relevant records and prepare an annual Statement of accounts
including the profit and loss account and the balance-sheet in such form as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor General of India.
(2) The accounts
of a Food Corporation shall be audited annually by the Controller and
Auditor-General of
(3) The
Comptroller and Auditor-General of India and any person appointed by him in connection
with the audit of the accounts of a Food Corporation shall have the same
rights, privileges and authority in connection with such audit as the
Comptroller and Auditor-General has in connection with the audit of Government
accounts and, in particular, shall have one right to demand the production of
books, accounts, connected vouchers and other documents and papers and to
inspect any office of the Food.
(4) The
accounts of a Food Corporation as certified by the Comptroller and
Auditor-General of India or any other person appointed by him in this behalf
together with the audit report thereon shall be forwarded annually by the Comptroller
and Auditor-General of India to:-
(i) the Food Corporation concerned.
(ii) where the accounts relates to a State Food Corporation, also
to the Food Corporation of
(iii) the Central Government.
and that
Government shall, as soon thereafter as may be, cause the same to be laid
before both Houses of Parliament.”
SUBHASH C. JAIN
Secy. to the
Govt. of
35. Annual
report on the working of Food Corporations.
(1) A Food
Corporation shall, as soon as possible after the end of each year, submit to
the Central Government an annual report on the working and affairs of the
Corporation.
*1 (2) The Central Government shall, as soon as
may be after the receipt of such report, cause such report and the audit report
received under section 34 (together with any comments thereon or supplement
thereto by the Comptroller and Auditor-General of India) to be laid before both
Houses of Parliament.
CHAPTER VI
MISCELLANEOUS
36. Vacancies,
etc, not to invalidate acts or proceedings of Food Corporation, etc.
(1) No act
or proceeding of a Food Corporation or a committee thereof or a Board of Management shall be
invalid by reason only of the existence of any vacancy in, or any defect in the
constitution of, the board of directors of the Food Corporation or such
committee or Board of Management.
(2) No act
done by any person acting in good faith as a member of a board of directors of
a Food Corporation or of a Board of Management shall be deemed to be invalid by
reason only of his disqualification for being appointed as, or for being, a
member of such board of directors or Board of Management.
*
Sub.
By Act,67 of 1972 s.7
37. Delegation
Food Corporation may, by general or special order in
writing, delegate to the Chairman or any other member of the board of directors
or the Secretary or other officer of the Corporation, subject to such
conditions and limitations, if any , as may be
specified in the order, such of its powers and functions under this Act as it
may deem necessary
38. Declaration
of fidelity and
secrecy.
Every director, member of an Advisory Committee or
other committee, auditor, officer or other employee of a Food Corporation and
every member of a Board of Management and its staff shall, before entering upon
his duties, make a declaration of fidelity and secrecy in the form set out in
the Schedule.
39. Indemnity
of directors.
(1) Every
member of the board of Directors of a Food Corporation and of a Board of
Management shall be indemnified by the Corporation against all losses and expenses
incurred by him in the discharge of his duties except such as are caused by him
own willful act or default.
(2) A
member of the board of directors of a Food Corporation or a Board of
Management, shall not be responsible for any other member or for any officer or
other employee of the Corporation or Board of Management or for any loss or expenses
resulting to the Corporation from the insufficiency or deficiency of value of,
or title to, any property or security acquired or taken on behalf of the Corporation
in good faith, or by the insolvency or wrongful act of any person under
obligation to the Corporation or by anything done in good faith, in the
execution of the duties of his office or in relation thereto.
40. Protection
of action taken under this Act.
No
suit or other legal proceeding shall lie against a Food Corporation or any
member of the board of directors thereof or any officer or other employee
thereof or any member of a Board of Management or its staff or any other person
authorized by a Food Corporation or a Board of Management to discharge any
functions under this Act for any loss or damage caused or likely to be caused
by anything which is in good faith done or intended to be done in pursuance of
this Act
41. Offences.
(1) Whoever,
without the consent in writing of a Food Corporation, uses its name in any
prospectus or advertisement, shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
(2) No
court shall take cognizance of any offence under sub-section (1) except on a
complaint in writing by an officer authorized in this behalf by the Food
Corporation concerned
42. Provision relating to income-tax, super-tax
etc.
For the purposes of the Income-tax Act
,1961 (43 of 1961) or any other enactment for the time being in force
relating to income-tax, super-tax or any other tax on income, profits or gains,
a Food Corporation shall be deemed to be a company within the meaning of the Income-tax
Act, 1961, and shall be liable to tax accordingly on its income, profits and
gains,.
43. Winding
up of Food Corporation
No provision of law relating to the
winding up of companies or corporations shall apply to a Food Corporation and
it shall not be placed in liquidation save by order of the Central
Government and in such manner as that Government may direct.
44. Power
to make rules.
(1) The
Central Government may, by notification in the Official Gazette, make rules to
carry out the purposes of this Act.
(2) Without
prejudice to the generality of the foregoing power, such rules may provide for—
(a) the terms of office of, and the manner of filling casual
vacancies among, and the other terms and conditions of appointment of, the
directors of the Corporation.
(b) the composition of Advisory Committees and the terms and
conditions of service of members thereof;
(c) the additional functions which the Corporation may perform;
(d) the
remuneration or fees payable to the members of the board of directors of a
State Food Corporation and the terms
of office of, and the manner of filling
casual vacancies among, such members;
(e) the securities (other that foodgrains)
upon which a Food Corporation may lend or advance money;
(f) the manner in which a Food Corporation may invest its funds;
(g) the form of the annual statement of accounts and the balance
sheet to be prepared by a Food Corporation;
(h) any other matter which has to be or may be prescribed.
*1 (3) Every rule made by the Central
Government under this section shall be laid as soon as may be after it is made,
before each House of Parliament while it
is in session for a total period of thirty days (which may be comprised in one
session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid,) both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to
the validity of anything previously done under that rule.
45. Power
of Food Corporation to make regulations.
(1) A Food
Corporation may, with the previous sanction of the Central Government , by
notification in the Official Gazette, make regulations not inconsistent with
this Act and the rules made thereunder, to provide
for all matters for which provisions is necessary or expedient for the purpose
of giving effect to the provisions of this Act.
2* (1A)
The power to make regulations under this section shall include the power to
give retrospective effect from a date not earlier than the date of commencement
of this Act, to the regulations or any of them but no retrospective effect
shall be given to
any regulation so as to prejudicially affect the interests of any person to
whom such regulation may be applicable.)
*
---------------------------------------------------------------------------------------------------------------------
1 Subs.
By Act 53 of 1982 s.3
2
Added by Act 53 of 1982 s.4
(2) Without
prejudice to the generality of the foregoing power, such regulations may
provide for—
(a) the
methods of appointment, the conditions of service and the scales of pay of the
officers and employees of a Food Corporation , other than the Secretary of the
Food Corporation of India.
(b) the duties and conduct of officers and employees of a Food
Corporation, other than the Secretary aforesaid;
(c) the functions and duties which may be entrusted or delegated
to the Managing Director or, as the case may be, the General Manager, of a Food
Corporation;
(d) the times and places at which meetings of a Food Corporation
or any committee thereof shall be held and the procedure to be flowed thereat;
(e) the fees and allowances payable to the members of a
committee under sub-section (6) of section 14 or sub-section (6) of section 24;
(f) generally ; the efficient conduct of the affairs of a Food
Corporation.
(3) The
Central Government may, by notification in the Official Gazette, rescind any
regulation which it has sanctioned and there-upon such regulation shall cease
to have effect.
(4) Any
regulation which may be made by the Food Corporation of India under this Act
may be made by the Central Government within three months from the
establishment of that Corporation under this Act may be made by the Food Corporation
of India within three months from the establishment of such State Food
Corporation; and any regulation so made may be altered or rescinded by the Food
Corporation concerned in the exercise of its powers under this Act.
1* (5) Every regulation made under this Act shall be laid, as soon
as may be after it is made. Before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions and if, before the expiry of the
session immediately following the session or the successive session aforesaid,
both Houses agree in making any modification in the regulation or both Houses
agree that the regulation should not be made, the regulation shall thereafter
have effect only in such modified form or be of no effect, as the case may be’
so. However, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that regulation.)
*
Added
by Act 53 of 1982 s.4
46.
Validation.
No regulation made or purporting to have been made
with retrospective effect, under section 45 before the commencement of the Food
Corporations (Amendment) Act, 1982 shall be deemed to be invalid or ever to
have been invalid merely on the ground that such regulation was made with retrospective
effect and accordingly every such regulation and any action taken or thing done
thereunder shall be as valid and effective as if the
provisions of section 45; as amended by
the Food Corporations (Amendment) Act, 1982 , were in force at all material
times when such regulation was made or action or thing was taken or done.)
1. Added by Act 53 of 1982 s.5
THE SCHEDULE
(See section 38)
DECLARATOPM OF
FIDELITY AND SECRECY
I-------------------------------, declare that I will
faithfully, truly and to the best of my judgment, skill and ability execute and
perform the duties which are required of me as director, member of
----------------------- committee, officer, employee or auditor (as the case
may be) of the Food Corporation of India/Food Corporation or as member of the
Board of Management at ----------------under the Food Corporation of India and
which properly relate to the office or position in or in relation to that
Corporation held by me.
I further declare that I will not communicate or allow
to be communicated to any person not legally entitled thereto any information relating to the affairs of the
said Corporation or to the affairs of any person having any dealing with the
said Corporation nor will I allow any
person not legally entitled as aforesaid to inspect or have access to any books
or documents belonging to, or in the ,possession of, the said Corporation and
relating to the business of the said Corporation or the business of any person
having any dealing with the said Corporation
Signature------
Signed before me.
APPENDIX 1.7
RULES
THE FOOD
CORPORATIONS
RULES AND
REGULATIONS
(as published in the Ministry
of Agriculture,
Deptt. of Food Notifications)
(Corrected upto 19.5.2004
G.S.R.- In exercise of the
powers conferred by section 44 of the Food Corporation Act, 1964). the Central Government hereby makes the following rules
namely:-
1. Short title - These rules may be called the
Food Corporation Rules, 1965.
2. Definitions - In these rules, unless the
context otherwise requires-
(a) “Act” means the
Food Corporation Act, 1964(37 of 1964 );
*3 (aa)
“Advisory Committee” means a Committee constituted under Section 11 of the Act;
(b)” Board” means a Board of
Management established under Section 16 of the Act;
(c) “Chairman” means the Chairman of the Board of
Directors of the Corporation;
(d) “Corporation” means of the Food Corporations of
India established under Section 3 of the Act;
(e) Director” means a Director of the Corporation;
*1
(ee) “ Form” means a form appended to these rules;
(f) “Managing Director” means the Managing Director of
the Corporation;
(g) “Member” means a member of the Board.
*2,4,5,6 3. Terms of
Office of Chairman, Managing Director and other Directors-
(1) The term of office of the Chairman shall be threes from
the date of his assumption of office as Chairman and he shall hold office
during the pleasure of the Central Government;
- Inserted vide
Notification No GSR 1528 dt.
8.10.1965
- Amended vide
Notification No GSR 1188 dt.
27.7.1966
- Inserted vide
Notification No. GSR 1415 dt.
14.9.1967
- Amended vide
Notification No GSR 819 dt.29.4.1968
- Amended vide
Notification No. GSR 396 dt.
19.3.1971
- Amended vide
Notification No. GSR 146 (E) dt.
12.3.1985
*4 Provided
that if an officer of the Government is appointed on deputation as Chairman,
the term of office
in his case shall not extend beyond the age of superannuation of sixty
years;
Provided further that nothing contained in the foregoing
proviso shall affect the term of office of a person who has been holding the
post of Chairman immediately before the commencement of the Food Corporations ( Amendment) Rules, 1971.
*2&5 (2) The term of office of the Managing
Director shall be three years from the
date of his assumption of office as Managing Director.
*3&6 Provided
that if an officer of the Government is appointed on deputation as Managing
Director, the term of office in his case shall be two years from the date of
his assumption of office as Managing Director or upto
his reaching the age of 60 years, whichever is earlier.
*2 (3) The term of the office of a Director
appointed under clause (e) of sub-section (1) of Section 7 of the Act shall be
two years from the date of his assumption of office as Director and he shall
hold office during the pleasure of the Central Government;
Provided that every person holding office as Chairman
Managing Director or Director immediately before he commencement of the Food
Corporation (Amendment) Rules, 1971 shall continue to hold his office by
the same tenure as he held such office immediately before such commencement
*5 (4) An out-going
Chairman, Managing Director or other Director shall be eligible for
re-appointment;
Provided that the re-appointment may be for any
period, as may be decided by the Central Government, not exceeding two years;
Provided further that every person holding office as
Chairman, Managing Director, or other Director immediately before he commencement of the Food Corporations (Amendment) Rules,
1982, shall continue to hold his office by the same tenure as he held such
office immediately before such commencement.
*1 4. Filling
of Casual Vacancies among Directors—In the event of the occurrence of any
vacancy in the office of a director by reason of his death, resignation,
removal or otherwise, the Central Government may appoint another person in his place
and the person so appointed shall hold office only for such period or periods
as the Central Government may determine.
*
1.
Substituted vide Notification No GSR 1004 dt
21.6.1966
2.
Amended vide Notification No. GSR 396 dt.
19.3.1971
3.
Added vide Notification
No. GSR 538(E) dt.
24.10.1975
4.
Inserted vide Notification No. GSR 192(E)dt.25.4.1977
5.
Amended vide Notification No.GSR 78(E) dt.
24.2.1982
6.
Amended vide Notification No.GSR 108(E) dt.
10.2.200
5. Remuneration
of Chairman – The Chairman shall be entitled to the following remuneration:
*2,5&7 (i) “Pay in the scale of Rs.
13000-500—15000 plus dearness allowance prescribed from time to time by the
Central Gorvenemnt.”
*6 Provided that if any officer of the Government is appointed
as Chairman, he shall be entitled to such pay and allowances as per admissible
under the rules applicable to him.
*1,6&7 (ii) “Unfurnished accommodation suitable to
his status on deduction of ten percent of his basic pay or the standard rent as
may be determined by the Food Corporation of India whichever is less. In case furnished accommodation is provided,
hire charges @ 21/2% of his pay for the furnishings provided by the Corporation
(cost of which shall not exceed Rs. Forty thousand) shall be recovered.”
*4 Provided
that if the Chairman, voluntarily forgoes the salary to which he is entitled
under clause (i), he shall be eligible for free
unfurnished accommodation suitable to his status.
*6 (iii) Free use of car for official purposes
(journeys from residence to office being treated as official purposes) and for
private purposes also upto one thousand kilometer
limit per month. Use of official car for
private purposes shall be restricted to the Headquarter town where the Chairman
is stationed. Log Book(s) maintained in
respect of staff car(s) used by Chairman shall be closed at the end of every
month and a summary prepared in the Log Book(s) showing details of journeys for
official and private purposes. Charges
for private use in excess of one thousand kilometer limit in a month shall be
recovered at he appropriate kilometer rate fixed by
the Corporation from time to time.
*3 (iv) Traveling and
daily allowances for journeys on tour as specified in rule 7; and
iva) traveling allowances on transfer as is admissible to
the highest category of officers in the whole time employment of the
Corporation.
(v)
other allowances
and benefits (such as City Compensatory allowances, reimbursement of medical
charges, membership of the Contributory Provident Fund) as are admissible to
the highest category of officers in the whole-time employment of the
Corporation;
*
1.
Amended vide
Notification No. GSR 288 dt.
22.2.1966
2.
Substituted vide
Notification No. GSR 297 dt.
3.3.1967
3.
Amended vide
Notification No. GSR 1415 dt.
14.9.1967
4.
Added vide
Notification No,. GSR 78(E) dt. 15.2.1972
5.
Amended vide Notification No. 658(E) dt. 19.8.1983
6.
Amended vide
Notification No. 924(E) dt.
20.11.1987
7.
Amended vide
Notification No. 648(E) dt.12.11.1997
*1,2&3 (vi) Such
leave as is admissible to the highest category of officers in the whole-time
employment of the Corporation. If any leave admissible to Chairman under this
clause –
(a) is
refused due to requirement of public interest, he may be granted after the
expiry of his term the amount of leave so refused subject to the maximuim of 120 days; and
(b) is not
availed of by the Chairman during his term of office, he shall be entitled to
carry forward such leave in the event of his being re-appointed under sub-rule
(4) of rule 3.
Provided that if an officer of Government is appointed
as Chairman, he shall be entitled to such leave, provident fund and other
benefits as are admissible under the rules applicable to him
*2 5A. Remuneration of Managing Director – In
addition to the salary and allowance may be fixed in respect of the Managing
Director under Sub-section (3) of Section 7 of the Act, he shall be entitled to
the following:-
*4&5 (i) “Unfurnished
accommodation suitable of his status on deduction of ten percent of his basic
pay or the standard rent as may be determined by the Food Corporation of India which
is less. In case furnished accommodation
is provided, hire charges @ 21/2% of his pay for the furnishings provided by
the Corporation (cost of which shall not exceed Rs. Forty Thousand) shall be
recovered.”
(ii) membership of the Contributory Provident Fund of the
Corporation;
(iii) re-imbursement
of medical charges as are admissible to the highest
category of officers in the whole-time employment of the Corporation;
(iv)
such leave as is
admissible to the highest category of officers in the whole-time employment of
the Corporation, if any leave admissible to the Managing Director under this
clause is not availed of by the Managing Director during his term of office, he
shall be entitled to carry forward such leave in the event of his being
re-appointed under sub-rule (4) of rule3:
*
1.
Inserted vide
Notification No. GSR 579 dt.
21.3.1968
2.
Amended vide
Notification No. GSR 1978 dt.
18.8.1969
3.
Amended vide
Notification No. GSR 413 dt.
25.6.1977
4.
Amended vide
Notification No. GSR 924(E) dt.
20.11.1987
5.
Amended vide
Notification No. GSR 648(E) dt.
12.11.1997
Provided that if an officer of Government is appointed
as Managing Director, he shall be entitled to such leave, provident fund and
other benefits as are admissible under the rules applicable to him.
*3,8 6. Fees of
Directors – Every Director, other than the Chairman, Managing Director and
&10 a whole-time officer of the Government shall
be paid fees by the Corporation for attending meetings as follows:-
(a) For
attending meetings - Rs. 1000/- for each day of
of the Corporation
meetings.
(b) For
attending meetings - Rs.
600/- for each day of
of the Executive Committee meeting.
of the Corporation.
(c) For
attending meetings of - Rs. 600/- for each day of
any other committee constituted meeting.
by the Board of Directors of the
Corporation.
7. Traveling and daily allowances payable
to Directors:
*1to7&9 7. Traveling and Daily Allowances of
Directors:- “Every Director, other than whole office of the Corporation,
performing journey in connection with any work relating to the Corporation,
shall be entitled to traveling and daily allowances as are admissible on tour
to the Executive Directors of the Corporation.”
*5 8. Conveyance allowance payable to Director – (1) A Director,
not being a whole-time officer of the Corporation or an office of Government,
resident at a place where the meeting of the Corporation is held, shall not be
entitled to any traveling or daily allowances under rule 7 but he shall be
entitled to the actual cost of conveyance hire, subject to a maximum of Rs. 35
per day.
1.
Amended vide
Notification No. GSR 1528 dt.
8.10.1965
2.
Amended vide
Notification No. GSR 297 dt.
3.3.1967
3.
Amended vide
Notification No. GSR 1978 dt.
18.8.1969
4.
Amended vide
Notification No. GSR 343(E) dt.
18.7.1972
5.
Amended vide
Notification No. GSR16(E) dt.
22.1.1975
6.
Amended vide
Notification No. GSR 312(E) dt.
27.4.1981
7.
Amended vide
Notification No. GSR 924(E) dt.
20.11.1987
8.
Amended vide
Notification No. GSR 945(E) dt.
21.9.1988
9.
Amended vide
Notification No. GSR 648(E) dt.
12.11.1997
10.
Amended vide
Notification No. GSR 342(E) dt.
19.5.2004
*3&4 (2) Where any such director uses his own
car, he shall be entitled to a mileage allowances at 95 paise
per kilometer, subject to a maximum of Rs. 35 per day.
*1&5 8A. Travelling and daily
allowances payable to be members of an Advisory Committee.
Every member of an Advisory Committee not being a
Chairman, Managing Director, Director of the Corporation of whole-time officer
of the Corporation or an officer of Government, performing journeys in
connection with attending the meetings of an Advisory Committee, shall be
entitled to the traveling and daily allowances as per admissible on tour to the
highest category off Officers, that is, officers of the rank of Commercial
Manager and equivalent, in the whole time employment of the Corporation.
(2) The
Chairman, Managing Director, Director or any whole-time officer of the
Corporation or an officer of Government , if a member
of an Advisory Committee shall be entitled to such traveling and daily
allowances as are admissible under the rules applicable to him for journeys
performed on official duty.
*2 9. Appointment
of officer and other employees
(1) The
Corporation may create such posts as it considers necessary for the efficiency performance
of its functions and appoint such officers and other employees thereto as it
deemed fir for either on contract for a specific period or on a permanent
basis.
(2) Every person
appointed to a permanent post shall be on probation for a period of one year
and no such persons shall be confirmed in that post unless his work was
satisfactory during the period of probation.
(3) Without
prejudice to the provisions of sub-rule (1), the Corporation may appoint
officers and other employees-
(i) on deputation from Government or
from any public sector or private sector undertaking; or
(ii) on a
short-term basis from among persons who have been superannuated from the
service of Government or of any public sector or private sector undertakings,
on such terms and conditions as the Corporation may specify:
Provided that no person who has attained the age of 58
years shall be appointed to any post carrying a basic pay of Rs. 2,500/- per
month and above except with the previous approval of the Central Government.
*
1.
Inserted vide
notification No. GSR 1415 dt.
14.9.1967
2.
Amended vide
notification No. GSR 1123 dt.
12.5.1969
3.
Amended vide
notification No. GSR 16(E) dt.
22.1.1975
4.
Amended vide notification
No. GSR 312(E) dt. 27.4.1981
5.
Amended vide
notification No. GSR 924(E)dt.
20.11.1987
(4) The
pay and other terms and conditions of appointment of officers and other
employees employed by the Corporation shall not be more advantageous than those
obtaining in respect of similar posts in public sector undertakings or other recognized
efficient business establishments and organizations.
*2&3 10. Method of appointments, conditions of
service and scale of pay of Secretary – (1) A Secretary of the Corporation may
be appointed from among the Indian Administrative Service, Central Secretariat
Service or other Central Service Class I or from officers of Food Corporations
of India.
*1&4 (2)
The post of Secretary of the Corporation shall
carry scale of pay of Rs. 14,300-400-
5 18,300 in CDA and Rs.
7000-275-8100-300-9600 in IDA pattern.
(i) Where an officer belonging to the Indian Administrative
Service is appointed as Secretary, his pay will be fixed under the provisions
of the Indian Administrative (Pay) Rules, 1954.
(ii) In
case of appointment is from other Central Service or Central Secretariat
Service, the officer will be entitled to his grade pay plus deputation
allowance as admissible under the general orders issued by the Government from
time to time or the pay scales prescribed whichever he opts.
(3) In
addition to pay, the Secretary shall be entitled to the following:-
(i) Dearness allowances, children education allowance, leave
travel concession (except the local allowance like city compensatory allowance,
house rent allowance, etc.) in the case of persons drawn from other services,
in accordance with the allowances and facilities admissible to him in the
service to which he belongs and in the case of others as admissible to the
highest category of officers in the whole time employment of the Corporation.
(ii) Local
allowances like city compensatory allowance, conveyance allowance, house rent
allowance, joining time pay and traveling allowance both on transfer and while
on duty, as admissible to the highest category of officers in the whole time
employment of the Corporation;
(iii)
Medical
facilities which shall not be inferior to those to which he would have been
entitled but for his transfer on deputation to the Corporation.
(4) Leave shall be admissible in accordance with the
leave rules applicable to the service to which he belongs in the case of
officers drawn from other services and in other cases in accordance with the
Food Corporation Regulations.
*
1.
Substituted vide
notification No. GSR 1741 dt.
15.11.1967
2.
Amended vide
notification No. GSR 1597 dt.
29.8.1968
3.
Amended vide
notification No. GSR 1484 dt/17.9.1966
4.
Amended notification
No. GSR 491(E) dt.
30.7.1976
5.
Amended vide
notification No. GSR 648(E) dt.
12.11.97
(5) The
leave salary and pension contributions shall be paid by the Corporation to the
Central or the State Government concerned at the rates in force from time to
time. The Corporation shall also pay
leave emoluments in respect of disability leave, if any.
*3&4 (6) The term of office of the Secretary
shall be five years from the date of his assumption of office as Secretary or upto his reaching the age of 60 years whichever is earlier
or such term in the case of officers appointed from other services as may be
prescribed in the deputation terms on foreign service.
(7) The
outgoing Secretary shall be eligible for reappointment.
*1 (8) In the event of the occurrence of any
vacancy in the office of Secretary by reason of his death, resignation, removal
or otherwise, the Central Government may after consultation with the
Corporation, appoint another person in his place and the person so appointed
shall hold office for the remaining period of the term unless he is reappointed
for another term.
*2 11. Fees of members – Every member, not being
a whole-time officer of the Corporation or an officer of Government shall be
paid fees by the Corporation as follows:-
(a)
For attending
meeting of the Board -
Rs. 75/- for each day of the meeting.
(b)
For attending
meeting of any committee constituted by the Corporation – Rs. 40/- for each day
of meeting.
(12) Traveling and daily allowances payable to
members
(1) Every
member, not being a whole-time officer of the Corporation or an officer of
Government, performing journeys in connection with any work relating to the Board, shall be entitled to be paid by
the Corporation traveling and daily allowances.
(2) The
provisions of rule 7 shall apply in relation on such member as they apply in
relation to a Director, not being a whole-time officer of the Corporation or an
officer of Government subject to the modification that such member shall be
entitled to a daily allowanced of Rs, 25 per day.
*
1.
Inserted vide
notification No. GSR 1004 dt.
21.6.1966
2.
Amended vide
notification No. GSR 870 dt.
10.5.1968
3.
Amended vide
notification No. GSR 485(E) dt.
6.9.1975
4.
Amended vide
notification No. GSR 776(E) dt.
30.12.98
(13) Traveling
and daily allowances of members, being whole-time officers of the Corporation
or officers of Government.
(1) Every
member, being a whole-time office of the Corporation or an officer of
Government, shall be entitled to such traveling and daily allowances for the
performance of journeys in connection with any work relating to the Board as
are admissible under the rules applicable to him journeys performed on official
duty.
(2) Where
may traveling or daily allowances
is paid to a member, being an officer of Government the Corporation shall make
necessary arrangements for reimbursement of the amount so paid to the authority
employing such officer.
*6(14) Conveyance
allowance payable to members of Board of Management.
(1) A
member, no being a whole-time officer of the Corporation or an officer of
Government, resident at a place where a meeting of the Board is held, shall not
be entitled to any traveling and daily allowances under rule 13, but he shall
be entitled to the actual cost of conveyance hire, subject to a maximum of Rs.
25 per day.
*6&7(2) Where any such member uses his own car, he shall be titled
to a mileage allowance at 95 paise per kilometer,
subject to a maximum of Rs. 25 per day.
15. Deposit
in bank or investment in securities of surplus funds – Any funds of the
Corporation not required for current expenditure may be placed in fixed deposit
with the Reserve Bank of India or the State Bank of India or any subsidiary of
the State Bank of India or any schedule or Co-operative Bank approved in his
behalf by the Corporation or in personal deposit account of the Reserve Bank of
India.
*1 16. Additional functions which the
Corporation may perform – The Corporation may perform functions relating to
clearance handling, storage, transport and distribution of fertilizers.
*2 17. Securities upon which Corporation may
lend or advance money – The Corporation may lend or advance money to any person
engaged in the production of foodgrains upon the security of
growing or standing crops for any purpose connected with such production.
*3&8 18. Annual statement of accounts and
Balance Sheet – the form of the annual statement of accounts and the balance
sheet to be prepared by the Corporation on the last working day of the month of
March each year shall be set out as follows:-
i) A
Balance Sheet in Form ‘A’
ii) A
Schedule of fixed assets attached to and forming part of the balance sheet in
Form “B” and
iii) A
profit and loss account in Form ‘C’
*4 19. Investment of funds in shares an securities – The Corporation may also invest its funds in
the purchase of –
(i) Securities of the Central or any State Government;
*5 (ii) Shares of State-owned or state-aided
undertakings engaged in the processing of foodgrains
and other foodstuff and share of any
other public or private undertakings, with the period approval of the Central
Government,.
- Inserted vide
notification No. GSR 1144 dt.
3.8.1965
- Inserted vide
notification No. GSR 1439 dt.
17.9.1965
- Inserted vide
notification No. GSR 1528 dt.
8.10.1965
- Inserted vide
notification No. GSR 156 dt.
28.1.1966
- Inserted vide
notification No. GSR 1576 dt.
6.10.1966
- Amended vide
notification No. GSR 16(E) dt.
22.11.1975
- Amended vide
notification No. GSR 312(E) dt.
27.4.1981
- Amended vide notification
No. GSR 732(E) dt.
29.12.99) (Forms A,B&C substituted)
FORM –‘A’
(See rule 19)
BALANCE SHEET AS AT 31ST MARCH
(Figures in lakh of Ruppes)
|
As
at 31st March
(Figures for the previous year) |
LIABILITIES |
As
at 31st March
(figures for the
current years) |
As
at 31st March
(Figures for the
previous year) |
ASSETS |
As
at 31st March (Figures
for the current year) |
|
CAPITAL: Capital
under section 5 of the Food Corporation
Act, 1964 to be contributed by the Government of India Subscribed
Capital by the Government of RESERVES: Reserved
Fund under section 33(1) of the Food Corporations Act, 1964. As
per Last Balance Sheet Transfer
from Profit and Loss Account for the year. Reserve
under section 33(2) of the Food Corporations Act, 1964. Investment Allowance Reserve: As
per Last Balance Sheet SECURED
LOANS: Loans
and advances from Scheduled Bank and from State
Bank of Foodgrains,
fertilizers, sugar, stores and spares (Guaranteed by the Government of India
to be extent of 25% UNSECRUED
LOANS: Loans
from the Government of |
FIXED
ASSETS At
written down value (Schedule) INVESTORS: Government
Securities (Quoted) One
fully paid-up Equity Share of Modern Food Industries ( (Unquoted) LOANS
AND ADVANCES: Recoverable
in cash or in kind of For
value to be received (refer note) Secured. Unsecured,
considered good (unless otherwise stated) For
purchase of foodgrains, sugar and other commodities Less:
Provision for doubtful advances. OTHER
LOANS AND ADVANCES: Other advances including advances To
staff Claims
receivable Less:
Provision for doubtful claims |
||||
|
As at 31st March (Figures for the previous year) |
LIABILITIES |
As at 31st March (Figures for the current years) |
As at 31st March (Figures for the previous year) |
ASSETS |
As at 31st March (Figures for the current year) |
|
Total brought forward CURRENT: LIABILITIES AND PROVISIONS: Current liabilities- Sundry creditors for goods and Services Sundry creditors for other finance Sugar price equalization fund (Schedule) Deposits repayable Interest payable PROVISIONS: Provision for Taxation |
Total brought forward DEPOSITS AND OTHER RECEVABLES: Deposits and other receivables (including Rs. Lakhs for capital jobs, previous year Rs. Lakhs) Less; Povision for doubtful Deposit Advance payment of Income Tax Interestr receivable CURRENT ASSETS Stocks of foodgrains, fertilizers And other (Refer Accounting Policy) Foodgrains Fertilisets Sugar By-product and other commodities Balahar (including ingredients) Gunnies Stores & Spares Stocks of Building Material Unregularised Transit and Storage Shortages reimbursable by the Government of India on regularization (Net of Gains) (Refer Note No. ) As per last Balance Sheet Less: Regularised during the year Add: Unregularised losses for the Current Year |
||||
FORM –‘B’
(See rule 19)
STATEMENT OF FIXED ASSETS ATTACHED TO AND FORMING PART
OF BALANC E SHELET AS
AT 31ST March,
(Figures in Lakhs of Rupees)
|
S. No. |
Items |
Gross Cost |
Depreciation |
Written Down Value |
|||||||
|
|
|
As on 1.4 |
Additions During the year |
Work in progress/ sales during the year |
As at 31.3. |
As on 1.4 |
Adjustment/ sales written
Back |
For the year 19 |
As at 31.3 |
As at 31.3 |
As at 31.3 |
|
|
I. Land: (a) Free Hold (b) Lease Hold II.Buildings III.Machine ry and Plants IV.Furniture and Fixtures V.Capital work in progress |
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL: |
|
|
|
|
|
|
|
|
|
|
|
As at 31st March (Figures for the previous year) |
LIABILITIES |
As on 31st March (Figures for the current Year) |
As at 31st March (Figures for the previous year |
ASSETS |
As at 31st March (Figures for the current year) |
|
|
Total brought Forward |
|
|
Total brought forward BOOK DEBTS (UNSECURED) Outstanding for more than six months Other debts Less: Provision for Doubtful debts CASH AND BANK BALANCES Cash and stamps in Hand Cheques and Demands drafts In hand In transit Fixed deposits with State Bank of And its subsidiaries Including accrued Interest(fixed deposit Receipts are held by Banks/Courts against Guarantees/ Security). Deposits with Industrial Development Bank of Current Account with scheduled Banks and other approved Banks. |
|
|
|
TOTAL: Accounting Policies,
Schedules and Notes attached form part of Accounts |
|
|
TOTAL: |
|
FORM-‘C’
(See rule 19)
PROFIT & LOSS ACCOUNT FOR THE YEAR
ENDED 31ST MARCH
(Figures in lakhs of Rupees)
|
For the Year Ended 31.3 |
PARTICULARWS |
For the Year ended 31.3 |
For the year ended 31.3 |
PARTICULARS |
For the year ended 31.3. |
|
|
OPENING STOCKS Foodgrains Fertilisers Sugar By-products and other Commodities Balahar (including ingredients) Gunnies Stores and Spares PURCHASES (INDIGENOUS) Foodgrains Sugar Gunnies Stores and Spares PURCHASES (IMPORTED) Foodgrains (including Rs.
Sugar Fertilizers PORT CLEARANCE AND
STEVEDORING CHARGES: Import of Fertilisers Import of gift Consignments/ foodgrains on replacement basis Export of Foodgrains |
|
|
SALES Foodgrains Fertilisers (Less Rebate Rs.
Lakhs previous year Rs. Lakhs) Sugar By-products and other
commodities Balahar (including ingredients) Gunnies Stores and Spares CLOSING STOCKS Foodgrains Fertilisers Sugar By-products and other
commodities Balahar (including ingredients) Gunnies Stores and Spares CLAIMS Railways Shipping Consumer subsidy of foodgrains reimbursable by the Government of India,
Department of Food. Add:Carrying charges of buffer stocks of foodgrains Add:Adjustment relating to previous year (Net) UNREGULARISED TRANSIT &
STORAGE SHORTAGES REIMBURSABLE BY THE GOVERNMENT OF |
|
|
For the Year Ended 31.3 |
PARTICULARS |
For the Year ended 31.3 |
For the year ended 31.3 |
PARTICULARS |
For the year ended 31.3. |
|
|
Total Brought Forward On other items Wheat Indigenous coastal
movement MILLING CHARGES PAID TO
OTHER AGENCIES (NET) FREIGHT Railway freight Lorry freight Steamer freight Transport subsidy to Hill
States Lakshadweep Administration
Andaman, Handling Expenses
(including Rs, Lakhs
wages to Departmental Labour previous year Rs. Lakhs) Special
Voluntary Retirement Scheme SALARIES, WAGES AND
ALLOWANCES Officers Staff Less: Capital MEDICAL REIMBURSEMENT: Officers Staff MEDICAL AND MEDICAL
EQUIPMENTS Contribtion to Provident Fund and other (included Rs. Lakhs for
leave salary and Pension previoyus year Rs. Lakhs) Total Brought Forward STAFF WELFARE EXPENSES RENT Godown Officers and Others |
|
|
Total Brought Forward Expenses reimbursable by The Government of Department of Social
Welfare on Handling Consignment of Foodgrains under
the Indo-US Agreements. Add/Less: Adjustment
relating to previous years (net) Expenses reimbursable by
the Government of India, Department of Social Welfare on handling of gift
consignments of Non-Foodgrains under the Indo-US
Agreements Less: Adjustment relating
to previous years (Net) INCOME FROM HANDLING OF
GIFT CONSIGNMENTS UNDER OTHER AGREEMENTS EXPENSES REIMBURSABLE BY
THE DEPARTMENT OF AGRICULTURE FOR HANDLING OF FERTILISERTS (SCHEDULE) MISCELENEOUS INCOME (SCHEDULE) INTEREST RECEIVED NET LOSS CARRIED DOWN Total Brought Forward |
|
REGULATIONS
G.S.R. 118 – In exercise of
the powers conferred by sub-section (4) read with sub-section (1) and (2), of
section 45 of the Food Corporations Act, 1964 (37 of 1964), the Central
Government hereby makes the following regulations namely:-
1. Short title – These regulations may be called the Food
Corporations Regulations, 1965.
2. Definitions – In these regulations –
(a) “Act” means the Food Corporations
Act, 1964 (37 of 1964);
(b) “Board” means the Board of Directors
referred to in section 6;
© “Chairman” means –
i) in relation to the Board, the Chairman of the Board.
ii) in relation the Executive Committee, the Chairman of the
Executive Committee;
iii) in relation to a Committee, the Chairman of the Committee.
*2
(d) “Committee” means a committee other
than the Executive Committee constituted under Section 14.
(e) “Corporation” means the Food
Corporation of
(f) “Director” means –
i) in relation to the Board, a Director of the Board;
ii) in relation to the Executive Committee, a Director of the
Executive Committee.
*2 iii) in
relation to the Committee, a Director of the Committee
(g) “Executive Committee” means the
Executive Committee constituted under Section 14.
(h) “Member” means a member of the
Committee;
(i) “Section”
means a section of the Act.
3. Time
and place of meetings of the Board – The Board shall meet at such time and place
as the Chairman may, time to time, determine:
*1 Provided that the Board shall
meet once at least in every three months.
4. Power
to call a meeting of the Board and shall do so if a requisition for that
purpose is presented to him in writing by not less than three Directors
specifying the subject of the meeting proposed to be called.
*
1. Subsituted vide
notification No. FCR 2 of 1965 dt.
23.8.65.
2. Added vide notification No. 8-1/73-BC dt. 24/27.6.74.
5. Notice
for meetings – (1) Not less than fifteen clear days’ notice of every meeting of
the Board shall be given to each Director who is for the time being in
(2) A
notice may be served upon any Director either personally or by post in an
envelope addressed to such Director.
(3) Any
accidental omission to give any such notice to any of the Directors shall not
invalidate any resolution passed at any such meeting.
(4) Notwithstanding
anything contained in sub-regulation (1), a meeting of the Board at which any
matter which is considered urgent by the Chairman has to be taken up, may be
called at a shorter notice.
6. Quorum
(1) No
business shall be transacted at a meeting of the Board unless there are present
at least five Directors.
*1,2,3 (2) If within half an hour from the time
appointed for holding the meeting and quorum is no present, the meeting shall
stand adjourned to a time, date and
place to be determined by the Chairman:
Provided that the meeting so adjourned shall be held
with 15 days of the date on which it was originally proposed to be held.
(3) A
notice shall be given immediately to each Director, who is not present at the
meeting, by post or telegram or special messenger as the needs of the case may
required.
(4) If
at any such adjourned meeting also, the quorum is not present within half an
hour from the time appointed for holding the meeting, the Directors present at
the meeting shall from the quorum.
7. Presidency over meetings
(1) The Chairman shall preside over every
meeting of the Board.
(2) If
the Chairman is not present
at any such meeting, the Directors present shall choose one from
among themselves to be Chairman of the meeting.
8. Adjournment of meeting
(1) The Chairman may, with the consent of
the Directors present at any meeting of the Board, adjourned
meeting from time to time.
(2) No business other than that which is
included in the agenda shall be transacted at any such adjourned meeting except
with the consent of the Chairman.
(3) Notwithstanding anything contained in
regulation 5, it shall not be necessary to give any notice of a meeting
adjourned under this regulation.
1. Substituted vide notification No. FCR1 of 1965 dt.6.8.65
2. Substituted vide notification No. FCR4 of 1967 of 12.7.67
3. Substituted vide notification No. 8-1/73-BC dated 24.27.6.74
9. Transaction of business by circulation
of papers
(1) Any
business which it may be necessary for the Board to transact may, if the
Chairman so directs, be dealt with by circulation of papers under registered
cover among all the Directors for the time being in India at their usual
address, and any resolution so circulated and approve by a majority of the
members signing, shall be as effectual and binding as if the resolution had
been passed at a meeting of the Board.
(2) When
any business is so referred to the Directors by circulation, a period of not
less than ten clear days shall be allowed for the receipt of replies from the
Directors, such period to be counted
from the date on which the notice of business is issued.
(3) If a
resolution is circulated, the results of circulation shall be communicated to
all the Directors.
10. Record of business
(1) A
record shall be maintained of all business transacted by the Board.
(2) All
Decisions of the Board shall, as far as possible, be recorded in the form of
resolutions and an entry of such decisions in the book of the proceedings of
the Board shall be conclusive evidence of the fact that such decisions were
taken by the Board.
(3) The
proceedings of every meeting of the Board shall be circulated to all the
Directors.
11.
Time and places
of meeting of Executive Committee
(1) The
Executive Committee shall meet at such times and places as the Chairman may,
from time to time, determine:
*1 Provided that
the Executive Committee shall meet once at least in every two months.
12. Notice for meeting of Executive Committee
(1) Not
less than seven clear days’ notice of every of the Executive Committee shall be
given to each Director who is for the time being in
(2) A
notice may be served upon any Director either personally or by post in an enveloped
addressed to such Director.
(3) Any
accidental omission to give any such notice to any of the Directors shall not
invalidate any resolution passed at any such meeting.,
(4) Notwithstanding
anything contained in sub-regulation (1), a meeting of the Executive Committee
at which any matter which is considered urgent by the Chairman has to be taken
up, may be called at a short notice.
*Substituted vide notification No. FCR2 of 1965 dated
23.8.65
13. Quorum for meeting of the Executive Committee
(1) No business shall be transacted at a
meeting of the Executive Committee unless there are present at least three
Directors.
*1&2 (2) If within half an hour from the time
appointed for holding the meeting the quorum is not present, the meeting shall
stand adjourned to the same day in the next week at the same time and place and
notice of such adjourned meeting shall be given to each Director who is not
present at the meeting on the same day by post or telegram or special messenger
as the needs of the case may require.
(3) If at any adjourned meeting also the
quorum is not present within half an hour from the time appointed for holding
the meeting the
Directors present shall form the quorum.
14. Presidency
over meeting of Executive Committee – (1) the Chairman shall preside over every
meeting of the Executive Committee.
(2) If the Chairman is not present at any
meeting, any other Director duly authorized by the Chairman shall preside over
the meeting of the Executive Committee
15. Adjournment of meeting of Executive Committee
(1) The Chairman may, with the consent of
the Directors present at the meeting, adjourn the meeting from time to time.
(2) No business other than that which is
included in the agenda
shall be transacted at any such adjourned meeting except with the
consent of the Chairman.
(3) Notwithstanding anything
contained in regulation 12, it
shall not be necessary to give any notice of a meeting adjourned under this
regulation.
16. Voting
All
matters submitted to a meeting of the Executive Committee shall be decided by a
majority of the members present and voting there at and in case of an equality
of votes, the Chairman or the person presiding shall, have a casting vote, in
addition to the vote to which he may be entitled as a member.
17. Records of decisions
All
decisions arrived at by the Executive Committee shall, as far as possible, be
recorded in the form of resolutions and an entry of such decisions in the book
of proceedings of the Executive Committee shall be conclusive evidence of the
fact that such decisions were taken by the Committee.
*
1. Substituted vide notification No. FCR 1 of 1965 dt. 6.8.65
2. Substituted vide notification No. FCR 4 of 1967 dt. 12.7.67
*1 18. Times and places of meetings of the
Committee – (1) the Committee shall meet at such times, and places as the
Chairman may, from time to time, determine.
19. Notices for meeting of the Committee
(1) Not less than seven clear days notice of
every meeting of the Committee shall be given to each member who is for the
time being in
(2) A notice may be served upon any member
either personally or by post in an envelope address to
such member.
(3) Any accidental omission to give any such
notice to any of the members shall not invalidate any resolution passed at any
such meeting.
(4) Notwithstanding anything contained in
sub-regulation (1), a meeting of the Committee at which any matter which is
considered urgent by the Chairman has to be taken up, may be called at a
shorter notice.
20. Quorum for meeting of the Committee
(1) No business shall be transacted at a
meeting of the Committee unless there are present, as near as may be, one half
of the total number of the members of the Committee:
Provided
that at least one Director nominated by the Board of Directors on the
Committee, is present in the meeting.,
(2) If within half an hour from the time
appointed for holding the meeting the quorum is not present, the meeting shall
stand adjourned to the same day in the next week at the same time and place and
notice of such adjourned meeting shall be given to each member, who is not
present at the meeting on the same day by post or telegram or special messenger
as the needs of the case may required.
(3) If at any adjourned meeting also the
quorum is not present within half an hour from the time appointed for holding
the meeting the members present shall form the quorum.
21. Presidency over meetings of the Committee
(1) The Chairman shall preside over every
meeting of the Committee.
(2) If the Chairman is not present at any
such meeting, the Members present shall choose one from among themselves to be
the Chairman of the meeting.
22. Adjournment of meeting of the Committee-
(1) The Chairman may, with the consent of
the members present at the meeting, adjourn the meeting from time to time.
(2) No business other than that which is
included in the agenda shall be transacted at any such adjourned meeting except
with the consent of the Chairman.
(3) Notwithstanding any thing contained in
Regulation 19, it shall not be necessary to give any notice of a meeting
adjourned under this Regulation.
1.
Added vide
notification No. 8-1/73-BC dt.
24/27.6.74
23. Voting
(1) All matters submitted to a meeting of
the Committee shall be decided by a majority of the members presents and voting
thereat, and in case of an equality of votes, the Chairman/or the person
presiding shall have a casting vote, in addition to the vote to which he may be
entitled as a member.
24. Report of the Committee
(1) The Board of Directors may fix the
period for the presentation of the report by the Committee to it depending upon
the complexity of the subject entrusted to such a Committee for examination.
25. Fees of members
(1) Every member, not being a whole-time
officer of the Corporation, or an officer of Government, performing journeys
for attending of the committee or for attending to any other work of the
Corporation shall be entitled to be paid by the Corporation such fees, traveling allowance,
daily allowance and conveyance allowances as are admissible under the Food
Corporations Rules, 1965 to the member of the Board of Management established
under section 16.
(2) Every member, being a whole-time office
of the Corporation or an officer of Government, shall be entitled to such
traveling and daily allowance for the performance of journeys for attending the
meetings of the
committee or for attending to any other work of the Corporation, as are admissible under the rules applicable to
him for journeys performed on official duty.
(3) Where any traveling and daily allowances
are paid to a
member, being an officer of Government, the Corporation shall make necessary
arrangements for reimbursement of the amount
so paid to the authority employing such officer.
*1 26. Managing Director to exercise powers of
Chairman during
vacancy in office of Chairman-
During
any period when the office of Chairman is vacant, the powers and duties of the
Chairman under these regulations be exercised by the Managing Director.
*2 27. Chairman to exercise
the powers of the Managing Director during vacancy in the office of the
Managing Director.
During
any period when the office of the Managing Director is vacant, the powers and
duties of the Managing Director under these regulations and any other
regulations framed under the Act be exercised by the Chairman, if so
authorized to him by the Central Government and while so exercising the power
of the Managing Director, the Chairman shall be deemed to be the Managing Director.
F.No. 4-1/64-F.C.I.
1. Added vide notification No. FCR 3 of 1966 dt. 18.2.66
2. Added vide notification No. 4(4)/89-BC dt. 6.10.89