For Official use

  

The Food Corporations Act, 1964

( As on 29th August 2001 )

 

The Food Corporations Rules & Regulations, 1965

( As on 19th May, 2004 )

 

 

The Food Corporation of India

16-20, Barakhamba Lane, New Delhi.


 

 

APPENDIX 1.7

THE FOOD CORPORATIONS ACT, 1964

ACT NO. 37 OF 1964

(AS AMENDED UPTO 12TH MAY, 2000)

10th December, 1964.]

 

      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 Republic

 of India as follows:--

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 India.

       

      *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  India

             established under section 3;

 

        (b) "Food  Corporation" means  the Food Corporation of India

            established under section 3 or a State Food Corporation

            established under section 17;

 

    3*[(bb) "foodstuffs" includes edible oil seeds and oils;

 

       (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 INDIA

 

 1*

 3. Establishment of Food Corporation of India.

 

(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 India.

 

      (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 Madras or at such other place as the Central Government may, by notification in the Official Gazette, specify.

 

   2* The Corporation may establish offices or agencies at other

      places in or outside India:

 

      Provided that no such office or agency shall be established at

any place  outside India  without the previous approval of the Central Government.    

 

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, Pt.II, Sec.3(1)P.869.

2.    Subs. by Act of 67 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 of  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 (c) 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 him; 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  receive  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 (c) 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 India or a State Food Corporation.

 

   9.  Removal  and  resignation  of  directors

 

(1)  The  Central Government may,  at any time, after consultation with the Corporation, remove the managing director from office after giving him a 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 Committees

 

(1)  The  Central  Government  may,  in consultation with  the Corporation,  by notification  in the  Official Gazette, constitute one or more Advisory Committees 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 purposes 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 Committees 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 Corporation 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   regulations  made   by   the                Corporation under 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  with 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 officer  or employee in such Department or office who has, in  respect of the proposal of the Central Government to transfer such officer  or employee  to the Corporation, intimated  within such time as  may be  specified in  this behalf  by  that  Government,  his intention of not becoming an employee 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-sections  (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 of 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 exercised 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

 validly exercised by him under sub-section (4).

 

      (4B) Where an officer or other employee--

 

           (a) has  died 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)

*

1.    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 (b) 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 appointment  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:]

 

 

*

 

1.                Subs. by Act 53 of 1982, s.2

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 offices  from any

 Ministry of  the Central  Government or  from any  State Government or

 from any organisation.]

  

 

 13. Functions  of Corporation. 

 

(1) Subject  to the provisions 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 of

               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.

*

1. 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 with 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 the quorum at meetings) as may be provided by regulations made by the Corporation under this Act.

(6)  The  members of  a 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  Governments 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 India;

 

           (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 State 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 India may, after consultation with   

a Board of  Management, appoint  such staff as it considers necessary to enable that Board to perform its functions under this Act.

 

(8)        The  Board of  Management may, by order in writing, 

authorise 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 India under this Act.

 

      (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 India.

 

 

 

 

                               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 functions of the Food Corporation of India as that Corporation may delegate to it.

 

  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 India, fix.

 

(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 India.

 

 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 India, fix.

 

 

 

 

 

(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 India.

 

      (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 Indian or a State Food Corporation.

 

 

 

 

 

 

 

 

21. Removal and resignation of members of board of directors.

 

 

(1)                The Food  Corporation of  India, may,  at any time, after

consultation with the  State Food  Corporation, remove  the  General  Manager  from office after  giving him  a reasonable  opportunity of  showing cause against the proposed removal.

 

 

   (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

                mentioned 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  India  and       

on  such resignation being  accepted, he  shall be  deemed to    have vacated his office.

 

 

 

 22. Meetings.

 

(1)   The  board  of  directors  of  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   considers  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       

          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 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 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

 

                      FINANCE, 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 India, to the

               Central Government;

 

           (b) in  the case  of a  State Food  Corporation, to the Food

               Corporation of India.

 

(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 India, or with the approval of the Food Corporation of India in the case of a State Food Corporation, be revised by the Food Corporation.

 

 

 

 

 

 

 

 

 

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,  organisation  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 conditions as that

            Government may determine].

 

   

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.

 

*

1.    Ins. By Act 67 of 1972, s.5

2.    Subs. by Act 36 of 1988 

3.    Subs. by ACT 34 of 2001

 

 

 

 

 

 

 

 

 

 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.

  

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 India, to the

                Central Government, and

 

           (b) in  the case of a State Food Corporation, to the Central

                Government and  the Food  Corporation of  India in  the

                same proportion as the capital provided by them.

 

 

34.      THE FOOD CORPORATIONS (AMENDMENT) ACT, 2000

 

(12TH May, 2000)

 

An Act further to amend the Food Corporations Act, 1964.

 

Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-

 

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 Corporations 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 India any expenditure incurred by him in connection  with such audit shall be payable by the Food Corporation to the Comptroller and Auditor-General of India.

 

(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 Coporation shall have the same rights,  previleges 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 India.

      (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 India.

 

 

 

 

 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.

 

*

-----------------------------------------------------------------------1.     Sub. By Act 67 of 1972 s.7 

 

 

 

 

 

 

 

 37. Delegation

 

A 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 his own wilful 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  expense 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 authorised 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 authorised 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  term 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

                term of  office of,  and the  manner of  filling casual

                vacancies among, such members;

 

           (e) the securities (other than 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.]

 

(2) Without  prejudice to  the generality of the foregoing power, such regulations may provide for--

 

*

1.    Subs. by Act 53 of 1982 s.3

2.    Added by Act 53 of 1982 s.4 

 

 

 

 

 

         (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 mananging 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 followed 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  and  any regulation which  may be  made by  a State Food 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.]

 

*

 

1.    Added by Act 53 of 1982 s.4

 

 

 

 

 

 *1   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.4.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                              THE SCHEDULE

 

                            (See section 38)

 

                  DECLARATION 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 Agriculure,

Deptt. of Food Notifications)

New Delhi, the 13th January, 1965

(Corrected upto 19.5.2004)

 

G.S.R. – In exercise of the powers conferred by section 44 of the Food Corporations Act, 1964), the Central Government hereby makes the following rules namely:-

 

1.         Short title          -           These rules may be called the Food Corporations Rules,  

                                                1965.

 

2.         Definitions        -           In these rules, unless the context otherwise requires-

 

(a)     “Act” means the Food Corporations 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 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.   Term of Office of Chairman, Managing Director and other Directors-

 

(1)   The term of office of the Chairman shall be three years from the date of his assumption of office as Chairman and he shall hold office during the pleasure of the Central Government;

 

·         _______________________________________________________

1.      Inserted vide Notification No. GSR 1528 dt. 8-10-1965

2.      Amended vide Notification No. GSR 1188 dt. 27-7-1966

3.      Inserted vide Notification No. GSR 1415 dt. 14-9-1967

4.      Amended vide Notification No. GSR 819 dt. 29-4-1968

5.      Amended vide notification No. GSR 396 dt. 19-3-1971

6.      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,  1977.

 

*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, th term of office in his case shallbe 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 Corporations (Amendmen) 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-appointmen:

 

                        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 occurance 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. 10-2-2000

 

 

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 Government.”

 

 

*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       (ii)  “Unfurnished accommodation suitable to his status on deduction of ten percent o 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 Chairma, 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 upo 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. 924(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 the Chairman under this clause-

 

(a)    is refused due o requirement of public interest, he may be granted after the expiry of his term the amount of leave so refused subject to to the maximum 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 that 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 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.”

(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 rule 3:

 

·         _______________________________________________________________

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. 20-11-1978

5.                  Amended vide Notification No. GSR 924(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 Director – Every Director, other than the Chairman, Managing  

10        Director and 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 meetings.

                        of the Corporation

            (b)        For attending meetings  -           Rs. 600/- for each day of meeting.

                        of the Executive Committee

                        of the Corporation.

            ©         For attending meetings of          -           Rs. 600/- for each day of meeting.

                        any other committee cons-

                        tituted by the Board  of

                        Directors of the Corporation.

 

     7.          Travelling and daily allowances payable to Directors:-

 

*1to7   (7)        Traveling and Daily Allowances of Directors :-  “Every Director, other than whole time 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        9.         Conveyance allowance payable to Director – (1) A Director, not being a whole-time officer of the Corporation or an officer 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. GSR 16(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 945(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 allowance at 95 paise per kilometer, subject to a maximum of Rs.35 per day.

 

*1&5             9A.      Travelling and daily allowances payable to he 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,k 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 o such traveling and daily allowances as are admissible under the rules applicable to him for journeys performed on official duty.

 

*2        10.       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 fit 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 person shall be confirmed in that post unless his work was satisfactory during the period of probation.

 

(3)        Without prejudice to the provisions o sub-rule (1), the Corporation may appoint officers and other employees-

 

i)          on deputation from Government o 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 undertaking,

 

            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 pos carrying a basic pay o 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

 

 

(3)   The pay and other terms and conditions of appointment of officers and other employees employed by the Corporation shall not be moe advantageous than those obtaining in respect of similar posts in public sector undertakings or other recognized efficient business establishments and organizations.

 

*2&3             11.       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 Corporation of India.     

                         

*1&4      (2) The post of Secretary of the Corporation shall carry scale of pay of Rs.14,300-400-18,300 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.

 

(iii)               Local allowances like city compensatory allowance, conveyance allowance, house rent allowance, joining time pay and traveling allowance bothe on transfer and while on duty, as admissible to the highest category of officers in the whole ime employment of the Corporation;

(iv)              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.

                       

*--------------------------------------------------------------------------------------------------

1.                     Substituted vide notification No. GSR 1484 dt. 17.9.1966

2.     Amended vide notification No. GSR 1741 dt. 15.11.1967

3.     Amended vide notification No. GSR 1597 dt. 29.8.1968

4.     Amended vide notification No. GSR 491(E) dt, 30.7.1976

5,.    Amended vide notification No. GSR 491(E) dt. 12.11.97

 

 

(4)   Leave shall be admissible in accordance with the leave rules applicable o the ser5vice to which he belongs in the case of officers drawn from other services and in other cases in accordance with the Food Corporation Regulations.

 

(5)   The leave salary and pension contributions shall be paid by he 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 occurance of any vacancy in the office of Secretary by       

                   reason of his death, resignation, removal or otherwise, th Central Government may after consultation with the Coporation, 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       12.       Fees of members – Every member, not being a whole-time officer of the Corporation o an officer of Government shall be paid fees by the Corporation as follows:-

 

(a)    For attending meetings of the Board – Rs. 75 for each day of the meeting.

(b)   For attending meetings of any committee constituted by he Corporation – Rs. 40 for each day of meeting.

 

 

13.    Travelling and daily allowances payable o members

 

(1)   Every member, not being a whole-ime officer of the Corporation or an officer of Government, performing journeys in connection with any work relating o 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 o 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 allowance of only Rs. 25 per day.

 

14.    Travelling and daily allowances of members, being whole-time officers of the Corporation or officers of Government

 

(1)   Every dmember, being a whole-time officer 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 o he Board as are admissible under the ules applicable o him fourneys performed on official duy.

 

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

 

 

(2)   Where any 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                                            15.       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 entitled to a mileage

allowance at 95 paise per kilometer, subject to a maximum of Rs. 25 per   

day.

 

16.                   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 scheduled or Co-operative Bank approved in his behalf by the Corporation or in personal deposit account of the Reserve Bank of India.

 

*1                                            17.                   Additional functions which the Corporation may perform – The Corporation may perform functions relating to clearance handling, storage, transport and distribution of fertilizers.

 

*2                                18.                   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               19.                                           Annual statement of accounts and Balance Sheets – 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 follow:-

 

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                                                        20.                   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;

ii)                   Shares of State-owned or state-aided undertakings engaged in he processing  of foodgrains and other foodstuffs and share of any other public or private undertakings, with the prior approval of the Central Government.

 

--------------------------------------------------------------------------------------------------

1.         Inserted vide notification No. GSR 1144 dt. 3.8.1965

2.         Inserted vide notification No. GSR 1439 dt. 17.9.1965

3.         Inserted vide notification No. GSR 1528 dt. 8.10.1965

4.         Inserted vide notification No. GSR 156 dt. 28.1.1966

5.         Inserted vide notification No. GSR 1576 dt. 6.10.1966

6.         Amended vide notification No. GSR 16(E) dt. 22.11.1975

7.         Amended vide notification No. GSR 312(E) dt. 27.4.1981

8.         Amended vide notification No. GSR 732(E) dt. 29.12.99

                                                                                                                                                                                                                                               

 

REGULATIONS

 

G.S.R.  118  -  In exercise of the powers conferred by sub-section (4) read with sub-section (1) and (2), of section45 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.

(d) “Committee” means a committee other than the Executive Committee  

                 constituted under Section 14.

(e) “Corporation” means the Food Corporation of India established under Section         

       3.

(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 – The Chairman may, at any time, 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.         Substituted 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 India.

 

(3)   A notice may be served upon any Director either personally or by post in an envelope addressed to such Director.

 

(4)   Any accidental omission to give any such notice to any of the Directors shall not invalidate any resolution passed at any such meeting.

 

(5)   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.

(1)   of the meeting.

 

 

 

 

 

 

 

 

5.      Quorum

6.      (1)                    No business shall be transacted at a meeting of the Board unless there are present at least five Directors.

 

(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 he case may require.

 

(3)        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 form 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, 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 5, it shall not be

             necessary to give any notice of a meeting adjourned under this regulation.

 

*

1                      Substituted vide notification No. FCR1 if 1965 dt, 6.8.65

2.         Substituted vide notification No. FCR4 of 1967 dt. 12.7.67

3.         Substituted vide notification No 8-1/73-BC dt. 24/27.6.74

 

 

9.      Transaction of business by circulation of papers

 

            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 approved 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.  Times 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 meeting of the Executive Committee shall be given to each Director who is for the time being in India.

(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 Executive Committee at which any matter which is considered urgent by the Chairman has to be taken up, may be called at a shorter notice.

 

*----------------------------------------------------------------------------------------------

1.         Substituted vide notification No. FCR2 of 19655 dt. 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 o each Director who is not present at the meeting on the same day by post or telegram o 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 meting 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 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.

 

17.  Record 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 India.

(2)   A notice may be served upon any member either personally or by post in an envelope addressed 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

 

(5)   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.

           

(6)   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 require.

(7)   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

 

(8)   The Chairman shall preside over every meeting of the Committee.

(9)   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 othe 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 pe5rson 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.  Fess of members

 

(1)Every member, not being a whole-time officer of the Corporation, o an officer of Government, performing journeys for attending the meeting of he 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 officer of the Corporation or an officer of Government, shall be entitled to such traveling and daily allowances 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 powers 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


 

                                                                                   

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

India

 

RESERVES:

 

Reserved Fund under section 33(1) of the Food Corporation 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

Banks and from State Bank of India

Against hypothecation of stocks of

Foodgrains, fertilizers, sugar, stores

And spares (Guaranted by the Government of India to the extent of 25%)

 

UNSECURED LOANS:

 

Loans from the Government of India

 

 

FIXED ASSETS :

At written down value (Schedule)

 

 

INVESTORS:

Government Securities (Quoted)

 

One fully paid-up Equity Share of Modern Food Industries (India) Limited (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 receivables

 

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:

 

 

Provisions for Taxation

 

 

 

 

Total brought forward

 

DEPOSITS AND OTHER

ECEIVABLES:

 

Deposits and other receivables

(including Rs.      Lakhs for

capital jobs, previous year

Rs.            Lakhs).

 

Less: Provision for doubtful

Deposits

Advance payment of Income

Tax

Interest receivable

 

CURRENT ASSETS:

 

Stocks of foodgrains, fertilizers

And others (Refer Accounting

Policy)

 

Foodgrains

Fertilizers

Sugar

By-products 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 regu-

Larisation (Net of Gains)

(Refer Note No.       )

As per last Balance Sheet

Less: Regularised during the year

Add: Unregularisd losses for the

Current year.

 


 

 

FORM-‘B’

(See rule 19)

STATEMENT OF FIXED ASSETS ATTACHED TO AND FORMING PART OF BALANCE SHEET AS AT 31ST  MARCH,

 

(Figures  in Lakhs of Rupees)

Sl.

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:

I.  Land:

    (a) Free Hold

    (b) Lease Hold

II. Buildings

III. Machinery and Plants

 IV. Furniture and Fixures

V. Capital wok in progress

 

(a)    Hold

 

 

 

TOTAL:

 

 

 

 

 

 

 

 

 

 

 

 

 

As at 31st March (Figures for he previous year)

LIABILITIES

As at 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 demand drafts

In hand

In transit

Fixed deposits with State Bank of India and its subsidiaries including accrued interest (fixed deposit receipts are held by Banks/Courts against Guarantees/Security).

Deposits with Industrial Development Bank of India (Income Tax surcharge)

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

PARTICULARS

For the year ended 31-3

For the year ended 31-3

PARTICULARS

For the year ended 31-3

 

OPENING STOCKS

Food grains

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.     Lakhs Port clearance charges pevious year Rs.     Lakhs)

Sugasr

Fertilisers

 

PORT CLEARANCE AND STEVEDORING CHARGES:

Import of Fertilisers

Import of gift consignments/foodgrains on replacement basis

Export of Foodgrains

 

 

SALES

 

Food grains

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

Sigar

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 INDIA, DEPARTMENT OF FOOD ON REGULARISATION (REFER NOTE NO.          )

 

 

 

 

 

 

 

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, Nocobar Islands

Demurrage/Diversion charges etc.

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

 

MEDICINES AND MEDICAL EQUIPMENTS

 

Contributions to Provident Fund and others (included Rs.    Lakhs for leave salary an