Bare ActsThe Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020

Section 16

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f.io[subrtlon of the Erst Ear{.ct clmElrteo. - (1) Nohdthstanding anythtng cutained ln sectionlTof the Ac( the first market commltte€ constltuted for a dellneatcd market area declared under section 4 of the Ac shall be nomlnated by nodf,cadon by the State GovernmenL The State Goyemment shall by notification nomlnare the Ghalrperson and tlte Vice Chalrperson from among the members nomlnated under sub- secdon (1) above, (2) t3) t2) TIIE ASSAM G AZET|E, EXTRAORDINARY, JULY 15, 2022 6371 tr, crnrtltudon of cccold and cubscquent martet Gommtttec8 - save as PtDvided in secdon 15 of the Act, every mafket commlttee shall conslrt of thc followlng mernbers, namelY- (1)SalenmembersshallbePersooswhoargagrlarthrrlstsand.arevotersof GaonPanchayatsinthedelineatedmarketarea,tobeelectedbythe membenrofGaonPancharatsinthedellneatedmarketarcalnth€manner Prescrlbed; (2) Ihrce membeit shall be elected by traderc ln &e dellneaEd martet area holdlng a vatid llcense under thli Acq ftom amdrtst thcmselves in the manner Prescrlbed; @luadoa: For the purposes of this section" the expression trader shall not include a co' operadve marketlng soclety holdlng a tlcense as a trader' (3) One member shall be elected by the member of the managlng committce or ttre boad of dtrectors as the case may be' of co-operative mar*edng socledeslnthedelineatedmarlretareahotdingatlcenseundertlrisAct,hom amorgst themselves ln the manner prescribed; (1) One member to be nomlnated by such co'operative bank as may be decided bY the Statc Governmenq Such other official membes representlng the dlfferent deparlrnens as may be nominated by the State Governrnent from 6me to dme; onemembertobeelectedbythemembersoftheMunicipalBoald,Town ioi.lto." or Gaon Pancha)'at withln whose Jurlsdldton the principal iart<et yard ts situated, from imongst themselves ln the manner prescribed' Brplanadon:lflhentteprincipalmarketyardlssltuatedwithlntheiurisdictionoftwoor more Munlcipat ioards, Town Commlttees or Gaon Panchayas' the member shall be etected tolntly by the members of such Municlpal Boards' Town c3) (6) (s) SayE s otherwlse provtded tn thls Act but sublect ll the plcasuru of the su|E Goverlmen! the members of tfie first market corunlttee shall hold office br a perlod of three years from the date of notlfredon under sub- section (1) above: Provided that the StatG Government may by notificadon ocend tte term of office of the memberr by sudl pcriod or pcriods not cxeedlng two y?arl in the aggregate: Provided further that the exension Period on any occzsion shall not exceed one year. lf the second market commlttee ls constihrtpd beforc the explry of the period aforesal4 the f,rct market commlttee shatl cease to hold office' Commlttees or Gaon PanchaYats. (4) 6372 THE ASSAM GAZETTE, EXTRAORDD{ARY [IJ,[.Y rs, 2022 a one rocnrbcr to be nomrnated by the Assam state vyarehousrng corporatio& if e warehouse has been estabftshed by such corporauoir *,iihtn tt" delrneated market area end where no such warehouse iras be€n estabrished, then two persons sha[ be erected by co-operative markedng societies under sub.seclJon (3) above. 1g' Tcru of office of the mer{rct com,rtta.. - (1) A market commiree shar, save as otherwlse provided ln thls Ac! conEnue for ffve;rears commenclng from the date of rts constitutron under section 22 0r the Act and no ronger expiiuon of the said period of five years shall operate on a dlssotution of the market committee, before the erplry of whlch elec,ons shall be held to the market commtttee: provrded that no market commrttee shau be reconsd*ted earlrer than three months prior b tte expky of the terrh of lts omce. (2) A member elcc*d under seclion 17 0f the Act sha[ cease to hord ofrce, tf he ceas€s to be a member ofthe category ofpersons from wrrrch he was elected. (3) A member sha, arso cease ro hord office if he in writrng resigrs his membership or lf he is removed under the provislons of thls Act ,,9' Eectrous to 6e Earkct co'Elttee. - subrect to the prbyrsrons of this Act the members of a market committee sha, be ereced rn the manner prescrrbed uy rures. Such rules may provide for the preparatlon and maintenalce of the llsts of voters. the qualrficatrons and drsquarrffcadons for berng a candtdate, the quari0cadons and dlsqualricado* of votcrc, the paSrment of deposit by candidates a;d tleir forferture and all other matter rulatlng to such elections. m' vacaacrcs ta tte marrret comul'ee" - (1) where a vacancy occurc through reslgnadon, rcmoval or non-acreptance of office by a pereon nominated to uu " member or through suclf person becoming drsquatifted to be a membcr or through the death or orplry of his term of office, the vacanry shall be fiUed up by eleJon or nominadon as the c-se may be, within three months of the occurrence of such vacanqt: Provrded that rf the vacancy of a member occurc wrthin srx montrrs prcce<ring the da* on whtcrr the tcrm of office of the member exprres, the vacancy sha[ not be fllled up. (2) A member so appointed to fl[ a ,acancy shart hord office H[ the date up to which hrs predecessor wourd have held office had such vacancJr not occuned" tL Bec,lon of ctarrperson and vtce Gharrperun- - (1) subfect o the prodsrons of &ls Act and the rures made there undel every market commrttee sha[ etect nro members who are agricurturrsts to be r?sp€ctivery the charrperson and vice oralrperson thereof and so often as the orftce of the charryerson or trre vice chatrperson becomes vacant by death. resignadon, rcmovat or otherwrse, the market committee shal elect another member to be the charrperson or the vice chairperson as the case may be THE ASSAM GAZETTE, EXTRAORDINARY IULY 15, 2022 6373 (Z) Within ten days from the dete of compledon of elecdons to the market commitEe or on lts r€cusdtutlon, a meedng thereof shall be called by the pnescrlbed omcer who shall either hlmself prcslde over the meetlng or authorlse any other officer to do so, Ttre prescribed officer or the person authorised by him, when preslding over the meeting shall have the same powers as the Chalrperson when presldlng over a meedng of the market committee, but shall not have the riEht to vote (3) At such meedrrg a member who lr an agriculturlst shall ffrst be elected as the Chairperson and thereafter another member who ls an aglculturist shall be electd as the Vlce Chah?erson in the manner as maybe prescribed. (4) Any dlspute relating to the valldlty of tlre elecUon of the (hairperson or Wce Chalrperson shall be declded by the Deputy Commissloner of the disrict ln whidr the delineated market area is located, lf he has preslded over the meedng for elecdon of the Chairperson or Vice Chalrperson and in atry other case the preslding officer shall refur the dispute to the Depury Commlssioner of the district for a decislon, (5) Any person atgrleved by any decision or order ofthe Deputy Commlssioner under thls secllon may, wtthin fifteen {ays from the date of such order or declslon appeal in the prescribed manner to &e State GovernmenL The State Government shatl, widrln ftfteen days ofthe recalpt of the appcal pass an order whlch shall be final, and no suit or other proceedingr shall lie in any Clvll Court ln respect of such declsion. ZL Gourdhrdon of the nerket croEmlttec. -After the elecdon of the Chairperson and the Vle Chalrperson, consdtutlon of the market commlttee, includlng nominated members, shall be nodfed in such manner at may be prescribed. 29, Tcrm of ofilcc of ChalrTerson or VIcc Chatperson. - (1) Save as otherrvise pmvided tn thts Act, the Chatrperson and the Vice Chairperson shdl continue ln ofEae for the term of tlte market commlttee, (2) The Chalrperson or the Vice Chairperson shall vacate office lf he ceasc to be a member of the market commlttee.

Section 16 – The Assam Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020 | DailyLaw.ai