LexThe Goa Agricultural Produce Marketing (Development and Regulation) Act, 2007
Goa · state statute
Open in Lexace · Ask the AI about this act-1- GOVERNMENT OF GOA Department of Law & Judiciary Legal Affairs Division ––– Notification 7-12-2007-LA The Goa Agricultural Produce Marketing (Development and Regulation) Act, 2007 (Goa Act 11 of 2007), which has been passed by the Legislative Assembly of Goa on 8 -3- 2007 and assented to by the Governor of Goa on 1-8-2007, is hereby published for general information of the public. Sharad G. Marathe, Joint Secretary (Law). Porvorim, 6th August, 2007. The Agricultural Produce Marketing (Development and Regulation) Act, 2007 (Goa Act 11 of 2007) [1-8-2007] AN ACT To provide for improved regulation in marketing of agricultural produce, development of efficient marketing system, promotion of agri-processing and agricultural export and the establishment and proper administration of markets for agricultural produce in the State of Goa and to put in place an effective infrastructure for marketing of agricultural produce and lay down procedure and system thereto. BE it enacted by the Legislative Assembly of Goa in the Fifty -eighth Year of the Republic of India as follows :— CHAPTER I Preliminary 1. Short title, extent and commencement.— (1) This Act may be called the 1[Goa Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2007] (2) It shall extend to the whole of the State of Goa. (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. Synopsis Appointed date on which Act came in to force: The Government vide Notification No. 13/1/07- MR/MKT/RCS dated 26th August 2010, published in the Official Gazette Series - I No. 22 (Extraordinary) Notified appointed date for the Act come in to force is a date on which the Notification published in the Official Gazette i.e. 26th August 2010 2. Definitions.— In this Act, unless the context otherwise requires,— 2 [(a) “ad hoc buyer” includes a buyer registered under section 60A of this Act.] 3[(aa)] "agricultural produce" means all produce (whether processed or unprocessed) of agriculture, horticulture, apiculture, sericulture, livestock and products of livestock, forest -2- produce, etc., as are specified in the Schedule or declared by the Government by Notification from time to time and also includes mixture of two or more than two of such products; 4[(iii) (b) “agriculturist” means a person who ordinarily by his own labour or by the labour of any member of his family or by the labour of his tenants or servants or hired labour or otherwise, is engaged in the production or growth of any notified agricultural produce, and includes a member of a co -operative society registered in the State of Goa which is dealing with agricultural produce and a person who has sold agricultural produce to the co -operative society, of the value not less than Rs. 5000/- in the preceding financial year or of such amount as may be determined by the State Marketing Officer from time to time in the preceding financial year; but does not includ e a trader, trading agent, broker, processor or commission agent:] (a) a member of a co -operative society registered in the State of Goa which is dealing with agricultural produce; or (b) a person who has sold agricultural produce to the co -operative society, of t he value not less than Rs. 5000/ - or of such amount as may be determined by the State Marketing Officer from time to time in the preceding financial year; but does not include a trader, trading agent, broker, processor or commission agent; 5[(bb) “assaying lab” means a laboratory set up, for testing of quality parameters as per the tradable parameters or grade-standards or any other parameters notified by the Marketing Board;] (c) "bill" means a bill issued by the traders as prescribed; (d) "business" means the purchase, sale, processing, value addition, storage, transportation or other connected activity of agricultural produce; (e) "buyer" means a person or a firm or a company or a co -operative society or a Government agency or a public undertaking or a public agency or a corporation or a commission agent, who himself or on behalf of any other person or agent, buys or agrees to buy agricultural produce in the market area as notified under this Act; (f) "bye-laws" means the bye-laws made by the 6[Goa Agricultural Produce and Livestock Marketing Board] under this Act; 7[(fa) “cold storage” in relation to market yard means cold storage declared as market sub-yard under section 5E of this Act;] (g) "Collector" means the Collector of the district or any officer empowered to discharge the duties of the Collector under the provisions of this Act; (h) "commission agent" means a person who on behalf of his principal trader and in consideration of a commission on the amount involved in such transaction, buys agricultural produce and keeps it in his custody and delivers it to the principal trader in due course or receives and takes in his custody agricultural produce sent for sale within the market area or from outside the market area, sells the same in the market area and collects pay ment thereof from the buyer and remits the sale proceeds to his principal trader; (i) "contract farming" means farming by a person called "Contract Farming Producer" under a written agreement with another person called "Contract Farming -3- Sponsor" to the effect that his agricultural produce shall be purchased as specified in the contract farming agreement; (j) "contract farming agreement" means the agreement made for contract farming between Contract Farming Producer and Contract Farming Sponsor; (k) "contract farming producer" means an individual agriculturist or association of agriculturists, by whatever name called; (1) "contract farming sponsor" means a person entering into contract with the contract farming producer in terms of section 46 of this Act; 8[(la) “direct marketing” in relation to agricultural produce, means direct wholesale purchase of agricultural produce from the farmers by the processors, exporters, bulk buyers, etc. outside the principal market yard, submarket yard, private market yard and market sub-yard under section 5D of this Act;] (m) "District Council" means a Zilla Panchayat established under the Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994); (n) "export" means dispatch of agricultural produce outside India; (o) "exporter" means such person or a firm who exports agricultural produce; (p) "e-trading" means trading in which billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network or internet; 9[(pa) “electronic trading platform” means electronic platform set up either by Government or its agencies or a person licenced under section 60B for conducting trading in notified agricultural produce including livestock through electronic media or by any means of communication in which registration, buying and selling, billing, booking, contracting and negotiating are carried out online through computer network/internet or any other such electronic device; “(pb) “Farmer-Consumer Market Yard” means market yard established under section 5D of this Act; “(pc) “Farmer-Producer Company (FPC)” means a company of farmer producer members incorporated with the Registrar of Companies;] (q) "Government" means the Government of Goa; (r) "hamal" means a labourer or coolie engaged for Dara-making, loading, unloading, filling, stitching, emptying or carrying any agricultural produce in the notified market area; (s) "Import" means bringing agricultural produce in India from other country; (t) "Importer" means a person or firm who imports agricultural produce; (u) "Licence" means a licence granted under this Act; (v) "Licensee" means a person or association or firm or company or public sector undertaking or society holding a licence issued under this Act; 10[(va) “livestock” means cows, buffaloes, bullocks, bulls, goats and sheep, and includes poultry, fish and such other animals, and products thereof, specified in the Schedule; hereto;] -4- (w) "local authority" means and includes a Village Panchayat or Zilla Panchayat or Municipal Council or Municipal Corporation, as the case may be; (x) "Market" means a market area declared under section 4 of this Act and includes market yard and sub-yards; (y) "market area" means area notified as market area under section 4 of this Act; (z) "market charges" includes charges on account of or in respect of commission, brokerage, weighing, measuring, hamali (loading, unloading and carrying), cleaning, drying, stitching, stacking, hiring, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing; (za) "market functionary" means a trader, a commission agent, buyer, hamal, processor, stockiest and such other person as may be declared under the rules or bye-laws to be a market functionary; (zb) "market yard" means a specified place and includes any en closure, building or locality declared as such in any market area by the Government; (zc) "marketing" means all activities involved in the flow of agricultural produce commencing from the stage of harvest till it reaches to the ultimate consumers, viz. grading, processing, storage, transport, channels of distribution and all other activities involved in the process; 11[(zca) “Market Yard of National Importance” means a market yard as notified under section 5B of this Act;] (zd) "Marketing Board or Board" means the 12[Goa Agricultural Produce and Livestock Marketing Board]established under section 10 of this Act; (ze) "notified agricultural produce" means any agricultural produce notified under section 4 of this Act; 13[(zea) “Notified Agricultural Produce and Livestock” means agricultural produce and livestock, specified in the Schedule; hereto; “(zeb) “National Agriculture Market (NAM)” means an integrated market, where buying and selling of notified agricultural produce including livestock and activities incidental thereto are carried out in India possessing marketing utility across time and space;] (zf) "Other Backward Classes" means the other backward classes of citizens as specified by the Government from time to time; 14[(zfa) “over trading” in relation to a trader means the amount exceeding the value of the agricultural produce including livestock purchased at any point of time vis-à-vis to the amount of security deposited with or the bank guarantee he has furnished to the Marketing Board; “(zfb) “own consumption purchases” means retail purchases made in small quantities for domestic consumption and not for resale or business purposes. “(zfc) “person” includes individual, a co -operative society, Hindu Undivided family, a company or firm or an association or a body of individuals, whether incorporated or not; -5- “(zfd) “petty trader” in relation to agricultural produce means a non licensee trader under this Act who carries on purchasing or selling of notified agricultural produce in the quantity not exceeding such quantity as specified in this Act and notified by the Government as retail;] (zg) "prescribed" means prescribed by rules made under this Act; (zh) "private market yard" means such place other than the market yard or sub-market yard in the market area where infrastructure has been developed and managed by a person for marketing of notified agricultural produce by holding a licence for this purpose under this Act; (zi) "processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical mode of treatment to which agricultural produce or its product is subjected to; (zj) "processor" means a person who undertakes processing of any notified agricultural produce on his own accord or on payment of a charge; (zk) "registration" means registration done under this Act; (zl) "retail sale" means a sale of notified agricultural produce not exceeding such quantity as the Marketing Board may, by bye-laws, determine for retail sale in respect thereof; (zm) "rules" means rules made under this Act by the Government; (zn) "Schedule" means the Schedule to this Act; (zo) "schedule castes/schedule tribes" shall carry the same meaning as assigned to them under clause (24) and (25) respectively of Article 366 of the Constitution of India; (zp) "Secretary" means the Secretary of the Marketing Board and includes a Joint, Deputy or Assistant Secretary of the Marketing Board; (zq) "seller" means a person who sells or agrees to sell any agricultural produce; 15[(zqa) “Silo” means silo declared as market sub -yard under section 5E of this Act; “(zqb) “Special Commodity market Yard” means such market yard notified under section 5A of this Act; “(zqc) “State” means the State of Goa;] (zr) "State Marketing Officer" means a person appointed as the State Marketing Officer for the State of Goa; (zs) "Sub-market yard" means a specified place other than market yard and includes any enclosure, building or locality, declared as such in any market area by the Government or the State Marketing Officer, by notification; (zt) "trader" means a person who in his normal course of busines s buys or sells any agricultural produce and includes a person engaged in processing of agricultural produce but does not include an agriculturist; (zu) "transportation" means taking agricultural produce by pushcart, bullock cart, -6- truck or other vehicle, in the course of business, for marketing, from one place to another; (zv) "transporter" means a person who transports agricultural produce; (zw) "Value addition" means processing, grading, packing or other activities due to which value is added to the agricultural produce; 16[(zwa) “warehouse” in relation to market yard, means warehouse declared as market sub-yard under section 5E of this Act;] 17[(zwb) “Revolving Marketing Development Fund” means a separate non-lapsable fund maintained by State Marketing Officer under sub-section (2A) of section 44 of this Act;] (zx) "Year" means the financial year or such year as may be notified by the Government from time to time. CHAPTER II Establishment of Markets 3. Notification of intention of developing and regulating marketing of agricultural produce in specified area. — (1) Upon a representation made by any person or local authority or by the growers of any agricultural produce within the area for which a market is proposed to be established or otherwise, the Government or the person appointed by the Government as the State Marketing Officer, may, by notification in the Official Gazette and in such other manner as may be prescribed, declare its or his intention of developing and regulating the marketing of such agricultural produce in such area as may be specified in the notification. (2) A notification under sub -section ( 1) shall state that any objection or suggestion which may be received by the Government or the State Marketing Officer within a period which shall be not less than thirty days from the date of publication of such notification in the Official Gazette, shall be considered by the Government or the State Marketing Officer. 4. Declaration of market areas and development and regulation of marketing of specified agricultural produce therein.— After expiry of the period specified in the notification issued under section 3 and after considering such objections and suggestions as may be received before the expiry of such period and after making such inquiry as may be necessary, the Government or the State Marketing Officer may, by notification, declare the area specified in the notification issued under section 3 or any portion thereof to be a market area for the purposes of this Act and that marketing of all or any kind of agricultural produce specified in the notification issued under section 3 shall be developed and regulated under this Act in such market area. 5. 18[5. Principal market yard, sub -market yard, market sub -yard, private market yard, private market sub-yard, farmer-consumer market yard, private farmer- consumer market and electronic trading platform. (1) In this State, there may be— (a) principal market yard(s) managed by the Marketing Board; (b) sub-market yard(s) managed by the Marketing Board; (c) market sub-yard(s) managed by the Marketing Board; (d) private market yard(s) managed by a person, holding a licence under section 5C; -7- (e) private market sub-yard(s) managed by a person holding a licence under section 5F; (f) farmer-consumer market yard(s) managed by the Marketing Board; (g) private farmer-consumer market yard(s) managed by a person, holding a licence under section 5D; (h) electronic trading platform. (2) The Government shall, as soon as possible after the issue of notification under sections 3 and 4, by a notificati on, declare any ‘place’ in the market area as principal market yard or sub -market yard or market sub -yard or farmer -consumer market yard, as the case may be, managed by a Marketing Board, for the purpose of regulation of marketing of notified agricultural produce and livestock, expressly or impliedly in physical, electronic or other such mode, under this Act. Explanation.— In this sub-section (2), the expression ‘place’ shall include any structure, enclosure, open space locality, street including warehouse/silos/pack house/cleaning, grading and packaging and processing unit vested in the Marketing Board of the delineated market area. (3) The Government may, by notification, declare a ‘place’, licenced under section 51, to be private market yard, private market sub-yard, private farmer - consumer market yard, as the case may be, for marketing of notified agricultural produce and livestock, expressly or impliedly in physical, electronic or other such mode, under this Act. Explanation.— In this sub-section (3), the expression ‘place’ shall include any structure, enclosure, open space locality, street including warehouse/silos/pack house/cleaning, grading and packaging and processing unit vested in the person licenced for the purpose under this Act. 5A. Establishment and notification of “Special Commodity Market Yard”.— (1) The Government may designate any existing market yard established under sub-section (2) of section 5 as “Special Commodity Market Yard” or establish and notify any market yard as “Special Commodity Market Yard” after consideration of such aspects as throughput of particular agriculture produce and livestock and special infrastructure requirements therefore. It may be- (i) fruits, vegetables and flowers markets, including onion market, apple market, orange market and other such market; (ii) cotton market; (iii) medicinal and aromatic plants market; (iv) livestock market including camel market, fish market, poultry market and other such market; and (v) any other such markets. (2) All provisions for and in relation to the Marketing Board made in the Act shall mutatis mutandis apply to the Marketing Board established for “Special Commodity Market Yard”. 5B. Establishment and notification of “Market Yard of National Importance (MNI).— The Government may designate and notify any existing market yard established under sub -section (2) of section 5 as “Market Yard of -8- National Importance” or establish and notify any market as “Market Yard of National Importance” after consideration of such aspects as total throughout, value, upstream catchment area, down-stream number of consumers served and special infrastructure requirements thereof: Provided that the market yard handling not less than such annual tonnage or such annual values, as may be prescribed, may be considered for conferri ng the status as the “Market Yard of National Importance”; Provided further that out of such annual tonnage or such annual value, 30 percent may arrive from not less than two other States. 5C. Establishment of private market yard.— (1) Subject to such reasonable conditions and such fee as may be prescribed, the 19[State Marketing Officer or such officer as may be authorized by him] may grant a licence to a person to establish a private market yard, for trading of notified agricultural produce and livestock. (2) The private market yard licensee, or its management committee, by whatever name it is called, may register commission agents and other market functionaries to operate in the licenced private market yard. (3) The private market yard licensee, or its manage ment committee, may collect user charge on notified agricultural produce and livestock transacted in the private market yards, at the rate ad valorem not exceeding the rate as notified by the Government: Provided that no user charge shall be collected from agriculturist seller. (4) The private market yard licensee shall contribute such user charge collection and registration fee, to the 20[Revolving Marketing Development Fund] for this purpose at the rate in percentage at par with Marketing Board. (5) The 21[State Marketing Officer] will spend the money from such Fund under sub- section (4) in development of common marketing infrastructure, skill development, training, research and pledge financing and such other activities as will aid in creating an efficient marketing system in the State/Country. (6) The private market yard licensee shall formulate a Standard Operating Procedure (SOP) for conduct of business and activities ancillary thereto in the licenced private market yard. 5D. Establishment of farmer -consumer market yard (direct sale of agricultural produce by farmer to consumer in retail). — (1) Subject to such terms and conditions and fee, as may be prescribed, the 22[State Marketing Officer or such officer as may be authorized by him], may grant licence to pe rson to establish farmer consumer market yard for marketing of specified agricultural produce in retail. (2) Such farmer -consumer market yard may be established by a person by developing infrastructure, as may be prescribed, and at a place accessible to both farmers(s) and consumer(s): Provided that the consumer shall not purchase more than such quantity of agriculture produce at a time in this market yard as prescribed. (3) The farmer-consumer market yard licensee may collect the user charge on the sale of agricu lture produce from the seller and amount so realized shall be -9- retained by farmer consumer market yard licensee: Provided that the Government in public interest may from time to time, by notification, put ceiling on the rate of collection of user charge. 5E. Declaring ware -house/silos/cold storage or other such structure or place as market sub -yard.— (1) Save as otherwise provided in this Act, the Government may, by notification declare warehouse/silos/cold storage or other such structure or place with infrastructure and facilities as prescribed, to function as market sub-yard. Explanation.— The expression ‘place’ under this sub-section shall include any structure, enclosure, open space, locality, street including pack house/cleaning, grading and processing unit, etc. (2) The owner of such warehouse/cold storage, or other such structure or ‘place’, as the case may be, desirous of declaration of such place as market sub -yard under sub-section (1), shall apply to the 23[State Marketing Officer or such officer as may be authorized by him], in such form and in such manner and such fee; and also for such period but not less than three years, as prescribed. (3) The licensee of such warehouse/silos/ cold storage or other such structure or place, may collect user charge on notified agricultural produce transacted at the declared market sub-yard under sub-section (1), at the rate ad valorem not exceeding the rate as notified by the Government: Provided that no user charge shall be collected from agriculturist seller. (4) A declared market sub -yard licensee shall contribute, such user charge, to the separate Fund maintained by the Marketing Board at the rate in percentage at par with 24[Revolving Marketing Development Fund]. The fund will be utilized for the purposes and as specified in sub-section (5) of section 5C of this Act. 5F.— Direct marketing (wholesale direct purchase from farmers outside the market yard, sub -market yard, private market yard). — (1)Collection/aggregation centers in the proximity of the production areas may be set up by a person with infrastructure, as may be prescribed, with linkages to retail chain, or processing/export unit/premises, or any other such unit/premises, as may be prescribed, in accordance with the provisions of this Act a nd rules made thereunder for marketing of notified agricultural produce. (2) Notwithstanding anything contained under sub-section (1), direct wholesale purchase can also be carried out outside the principal market yard, sub - market yard, market sub-yard, private market yard by declaring the place of such purchase, without establishment of any permanent collection/aggregation center, as prescribed. (3) Direct marketing licensee shall have to maintain records and all accounts relating to daily trade transactions and shall submit monthly report, as prescribed, to the Licensing Authority. (4) The Licensing Authority can seek any type of additional information from the direct marketing licensee; and can also inspect and issue direction relating to functioning of such wholesale purchases and the activities incidental thereto. (5) The direct marketing licensee shall be liable to pay one -fourth of the -10- applicable market fee on wholesale purchases made. Such licensee shall deposit the due amount 25[Revolving Marketing Development Fund] for the month by 7th day of the next month. The Fund will be utilized for the purposes and as specified in sub - section 5 of section 5C of this Act.] 6. Notification of intention to alter limits of or to amalgamate or to split a market area.— (1) The Government may, by notification, declare it's intention,— (i) to alter the limits of a market area by including within it any other area in the vicinity thereof or by excluding therefrom any area comprised therein; or (ii) to amalgamate two or more market areas and constitute one market area thereof. (2) Every notification issued under sub -section (1) of this section shall define the limits of the area which is intended to be included in or excluded from a market area, or of the market areas intended to be amalgamated into one market area, or of the area of each of the markets intended to be constituted after splitting up an existing market area, as the case may be, and shall also specify the period which shall not be less than six weeks within which objections, if any, shall be received by the Government. 7. Procedure subsequent to notification under section 6. — (1) Any inhabitant of the market area or of the areas covered by the notification issued under sub -section ( 1) of section 6 may, if he objects to anything contained therein, submit his objections in writing to the Government within the period specified for this purpose in the said notification. (2) When the period specified in the notification issued under sub-section (1) of section 6 has expired and the Government has considered and passed orders on such objections as may have been submitted to it within such period, the Government may, by notification, include the area or any part thereof in the market area or exclude it therefrom or amalgamate market areas thereof. 8. Effect of alteration of limits.— Where a notification under section 7 has been issued, the Government shall, after consulting the Marketing Board, frame a scheme to determine what portion of the assets and other properties vested in one market shall vest in the other market and in what manner the liabilities of the market shall be apportioned between the two markets and such scheme shall come into force on the date of it's publication in the Official Gazette. 9. Power of Government to issue consequential order.— (a) Where a notification is issued under sub -section ( 1) of section 6 excluding area from any market area and such excluded area is not declared to be a separate market area; or (b) Where a notification is issued under sub -section (1) of section 6 including any area within a market area, the Government may pass such consequential orders as it may deem fit in respect thereof and the sub-committee constituted for such market area before the date of such exclusion or inclusion, shall, notwithstanding anything contained in this Act, continue to be sub -committee for the said excluded or included area until the declaration of such areas as market area under this Act. CHAPTER III Constitution of Marketing Board 10. Establishment of the Marketing Board.— The Government shall establish a Marketing Board called as the 26[Goa Agricultural Produce and Livestock Marketing Board ]for -11- the State of Goa consisting of a Chairman, a Vice -Chairman and other members. The Marketing Board shall have such powers and discharge all such functions as are vested in it by or under this Act. 11. Incorporation of the Marketing Board. — The Marketing Board shall be a body corporate by the name of "the 27[Goa Agricultural Produce and Livestock Marketing Board]", and shall have perpetual succession and a common seal and it may sue or be sued in its corporate name and shall be competent to contract, acquire and hold property, both movable and immovable and to do all other things necessary for the purposes for which it is established. 12. Constitution of the Marketing Board. — 28[(1) Subject to the provisions of sub section (2), the Marketing Board shall consist of the following 29[nineteen] members, namely:— (a) Twelve agriculturist members to represent agriculturists, one from each taluka of the State of Goa, to be elected by the agriculturists only from the respective taluka; (b) two female agriculturists members, one each from the North Goa District and the South Goa District, to be elected by the agriculturists only in the manner prescribed; (c) one trader holding “A” or “B” class licence to be elected from amongst traders of all classes; 30[(d) (i) Registrar of Co-operative Societies or his nominee; (ii) Director of Agriculture or his nominee; and (iii) Director of Animal Husbandry or his nominee.] (e) the Secretary of the Marketing Board, to function during the term of the Marketing Board.] (2) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act, when the Marketing Board is constituted for the first time, all the members, the Chairman and the Vice-Chairman thereof shall be nominated by the Government: Provided that the Chairman and the Vice-Chairman shall be nominated from amongst the agriculturists from the State of Goa. 31[Provided further that where the number of members of the Marketing Board is increased within one year preceding the date on which the term of other existing members of the Marketing Board expires, the Government may nominate a person from the respective category, to such office.] 13. Election and term of office of members.— (1) The members shall be elected in the prescribed manner. Such rules may also provide for the determination of constituencies, the preparation and maintenance of the list of voters, persons qualified to be elected, disqualifications for being chosen as, and for being a member, the right to vote, the payment of deposit and it's forfeiture, the determination of election disputes and all matters incidental and ancillary thereto, including provisions regarding election expenses. (2) Except as otherwise provided in this Act, the members of the Marketing Board (not being a Marketing Board constituted for the first time) shall hold office for a period of five years and the members of the Marketing Board constituted for the first time shall hold office for a period of two years: Provided that, where the general elections of the members of Marketing Board could not -12- be held before expiry of the term of office of its members as aforesaid, the Government may, by order published in the Official Gazette, extend from time to time, the term of office of the members of the Marketing Board, so however that, the period for which the term of office is so extended shall not exceed the period of one year in the aggregate: 32[Provided further that person who is a member of the Marketing Board by virtue of he being a representative of traders shall hold office so long as he continues to hold “A” or “B” class licence.] (3) The names of all the members of the Marketing Board shall be published by the Government in the Official Gazette and upon such publication, the Marketing Board shall be deemed to be duly constituted. 14. Preparation of list of voters and statement of expenditure. — (1) The superintendence, direction and control of the preparation of the list of voters for the purpose of conducting election to the Marketing Board shall vest with the Marketing Board and for the purpose of preparing the list of voters and conduct of election, the Marketing Board shall constitute necessary election fund. (2) Whenever the list of voters is to be prepared or revised for the purpose of conducting election to the Marketing Board, the Registrar of Co-operative Societies shall, in writing, inform the Marketing Board about the same and require the Mark eting Board to submit the list of voters of different constituencies and also require to deposit with him such amount before such date as may be specified by him for meeting expenses of elections. (3) The Registrar of Co-operative Societies shall, after the declaration of the result of the election, draw up a statement of the expenditure incurred in conducting the election and shall within a period of three months from such result forward the same to the Marketing Board for information. The balance amount remaining unspent, if any, shall be refunded to the Marketing Board alongwith the dead stock purchased for the purpose. If the expenditure incurred exceeds the amount of deposit, the Registrar of Co-operative Societies shall call upon the Marketing Board to p ay the excess amount as specified by him within one month from the date of receipt of the direction from him and the Marketing Board shall comply with such direction. 15. Commencement of term of office of members. — (1) The term of office of members of the Marketing Board shall commence on the date of the first meeting of the Marketing Board at which business is transacted. (2) The first meeting of a Marketing Board shall be held on such date as may be fixed by the State Marketing Officer or any officer authorised by him in that behalf, being a date which is within thirty days from the date on which the names of members are published in the Official Gazette. If the first meeting is, for any reason, not held within thirty days as aforesaid, the State Marketing Office r shall report the fact to the Government and state therein the reasons for the failure to hold the meeting and shall, thereafter, act according to the directions of the Government issued in that behalf. (3) The term of office of outgoing members shall expire on the date immediately preceding the date of such first meeting. 16. Appointment of Administrator or Committee of Administrators after expiry of the normal or extended term of office of members. — (1) Notwithstanding anything contained in sub- section (3) of section 15 or any other provisions of this Act, where the -13- term of office of two years, five years or the extended term of office, if any, of members of the Marketing Board has expired, the Government or any officer not below the rank of Assistant Registrar authorized by it, shall, by a written order,— (a) direct that all members of the Marketing Board shall, as from the date specified in the Order, cease to hold and vacate their offices as members or otherwise; and (b) appoint a person or the Committee comprising of not more than three members, from time to time, as the Administrator or the Committee of Administrators, as the case may be, to manage the affairs of the Marketing Board, for the period specified in the order upto the date of the first meeting of the reconstituted Board after the election is held (hereinafter in this section referred to as the "said period") and election shall be held within a period of six months from the date, the Administrator or the Committee of the Administrators, as the case may be, assumes office: Provided that this period of six months may be extended, from time to time, by the Government, in exceptional circumstances, to a period not exceeding one year in the aggregate, by notification published in the Official Gazette, for reasons which shall be stated in such notification. (2) During the said period, all the powers and duties of the Board and it's various authorities under this Act and the rules and bye -laws made thereunder or any other law for the time being in force shall be exercised and performed by the Administrator or the committee of the Administrators, as the case may be. (3) The Administrator or the Committee of Administrators, as the case may be, may delegate any of his or its powers and duties to any officer, for the time being serving under him or it or under the Marketing Board. (4) The Administrator or the members of the Committee of Administrators, as the case may be, shall receive such remuneration from the Fund of the Marketing Board as the Government may, from time to time, by general or special order, determine. 17. Resignation of members and nominations in certain circumstances .— (1) Any member of the Marketing Board may resign his office by writing under his hand addressed to the Chairman and the Chairman may resign his office by writing under his hand addressed to the State Marketing Officer and such resignation shall take effect from the date it is accepted by the Chairman or the State Marketing Officer, as the case may be. (2) If, at any time, it appears to the Government that the Marketing Board by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, the Government may, by order published in the Official Gazette, nominate persons to fill the vacancies of the members who have resigned: Provided that the persons so nominated shall hold office only for the remainder of the term of the members in whose place they are nominated or until the vacancies are duly filled in by election, whichever is earlier. 18. Removal of members for misconduct. — The Government, on the recommendation of the Marketing Board, supported by not less than two third of its members having voting right at a meeting, may remove any member of the Ma rketing Board who has been found guilty of neglect or misconduct in the discharge of his duties or -14- of any disgraceful conduct or has become incapable of performing his duties as a member or is adjudged as insolvent: Provided that, no such member shall be removed from his office unless he has been given reasonable opportunity of being heard by the Government. 33[19. Casual vacancies.— Subject to the provisions of sub -section (2) of section 13, in the event of any vacancy on the Marketing Board occurring on account of death, resignation or removal of a member or otherwise, the Chairman shall forthwith communicate the occurrence of such vacancy to the Government and such vacancy shall be filled by the Government by appointing a person from the respective category thereto, who shall hold office so long as the member in whose place he is appointed would have held it, if the vacancy had not occurred: Provided that the person so appointed by the Government shall hold such office during the pleasure of the Government: Provided further that, if the vacancy occurs within six months preceding the date on which the term of office of the member expires, such vacancy shall not be filled: Provided also that, where there are vacancies on the M arketing Board in excess of one third of total number of members, the remaining members shall call upon the Registrar to hold the election to fill such vacancies for remaining period] 20. Election of Chairman and Vice -Chairman.–– The meeting of the Marketing Board shall be presided over by the Chairman and in the absence of the Chairman, by the Vice-Chairman. The Chairman and the Vice -Chairman shall be elected by the members of the Marketing Board, excluding the Secretary of the Marketing Board and the Governm ent nominees. Only the members as mentioned in 34[clauses (a) and (b)] of sub -section (1) of section 12 shall be eligible to contest the elections for the post of the Chairman or the Vice- Chairman. 21. Term of office of Chairman and Vice-Chairman.— The Chairman and the Vice-Chairman shall hold office for such period as may be prescribed. 22. Chairman and Vice -Chairman to hold office until their successors enter upon office.— The Chairman and the Vice -Chairman shall, notwithstanding the expiration of their term of o ffice, continue to hold their office, until their successors enter upon their office or the Administrator or the Committee of Administrators, as the case may be, is appointed under section 16 and assumes office. 23. Honorarium to Chairman and Vice-Chairman.— The Chairman and the Vice-Chairman shall be paid such honorarium as the State Marketing Officer may specify, having regard to the finances of the Marketing Board, so however that, the total amount of such honorarium to be paid shall not exceed the limit as may be prescribed. 24. Procedure for election of Chairman and Vice -Chairman.— (1) On the constitution of the Marketing Board after a general election or otherwise, a meeting shall be called for the election of the Chairman and Vice -Chairman on the date fixed by the State Marketing Officer under sub-section (2) of section 15. (2) Such meeting shall be presided over by the State Marketing Officer or any person authorised by him in that behalf. The State Marketing Officer or such authorised person shall, when presiding over the meeting, have the same powers as that of the powers -15- exercised by the Chairman while presiding over a meeting of the Marketing Board, but shall not have the right to vote. (3) If, in the election of a Chairman or Vice -Chairman, there is an eq uality of votes, the result of the election shall be decided by lots to be drawn in the presence of the presiding officer in such manner as he may determine. 25. In the event of a dispute arising as to the validity of the election of a Chairman or Vice- Chairman, the State Marketing Officer, if he is the presiding officer, shall decide the dispute himself and in any other case the officer/person authorised to act as a presiding officer by the State Marketing Officer shall refer the dispute to the State Ma rketing Officer for his decision. The decision of the State Marketing Officer, subject to an appeal to the Government, shall be final and no suit or other proceeding shall lie in any Court in respect of any such decision. 26. Resignation of Chairman and Vice-Chairman.— (1) The Chairman may resign from his office by writing under his hand addressed to the State Marketing Officer and such resignation shall take effect from the date it is accepted by the State Marketing Officer. (2) The Vice-Chairman may resign from his office by writing under his hand addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Chairman. 27. Motion of no-confidence against Chairman or Vice-Chairman.— (1) A Chairman or Vice- Chairman shall forthwith cease to be a Chairman or a Vice -Chairman, as the case may be, if the Marketing Board at a special meeting by a resolution passed by a majority of not less than two third of its total number of members (excluding the members who have no right to vote), so decides. (2) The requisition for such special meeting shall be signed by not less than half of the total number of members (excluding the members who have no right to vote) and
Excerpt shown. Open the full act in Lexace.