Amendment status not verified — confirm the current text below against the official source.
under the Assam Co-operative Societies Registration Act, 1949 or any other Co operative Bank formed for the State of Assam as an Apex Bank and includes a District Central Co-operative Bank; (x) “ Co-operative Marketing Society” means «• a Co-operative Society registered under the Assam Co-operative Societies Act, 1949 which has as its principal object the promo tion of the sale of agricultural produce grown, reared or produced by its mem bers or which is declared as such or equivalent thereto by the State Government; (xi) “Director” means the Officer appointd by the State Government to discharge all or any of the functions of the Director under this Act ; 3 (xii) “ District Council” means a District Council, consti tuted under paragraph 2 of the Sixth Schedule to the Constitution of India ; (xiii) “ Gaon Panchayat” means a Gaon Pan Assam Act chayat established under the Assam Pan- X I o f 1973- chavati Raj Act, 1972 ; (xiv) “Licencee” means a person or association, firm or company granted a licence under this A ct; (xv) “Local authority” means a Corporation, a Municipal Board or a Town Committee, a Mohkuma Parishad or a Gaon Panchayat; (xvi) “Market” means a regulated market esta blished under this Act for the market area and includes a market proper, a principal market yard and a sub-market yard or yards, if any ; (x/ii) “ Market area” means any area declared to be a market area under Section 5 ; (xviii) “Market Committee’’ means a Committee established under Section 7 ; (xix) “ Market proper” means any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard as the State Government may, by a notification in the official Gazette, declare it to be a market proper; (xx) “ Market year” means the financial year adopt ed and followed by the State Government; (xxi) “ Measurer” means a person whose business is to measure consignments of agricultural produce for sale; (xxii) “Mohkuma Parishad”means a Mohkuma Pari- Assam Aet shad established under section 3 of the Assam XI of 1973. Panchayati Raj Act, 1972; (xxiii) '‘Notification” means a notification publish ed in the official Gazette ; (xxiv) “ Notified agricultural produce” means the agricultural produce specified in the notifica tion issued by the State Government under sub-section (1) of section 5; 4 (xxv) "Prescribed” means prescribed by rules made under this Act; (xxvi) "Principal market yard” and "sub market yard” means an enclosure, building or locality declared to be a principal market yard and sub-market yard respec tively in the official Gazette by the State Government; (xxvii) "Progressive producer” means a pro ducer who in the opinion of the Director of Agriculture, Assam carries on agricul tural production on improved method; (xxviii) “ Proprietor” means the owner of a mar ket and includes any person who is in actual charge and or in direct control of the market whether such person is the owner of the mar ket or is the lessee thereof or is acting on behalf of such owner or lessee; (xxix) ''Registrar” means the Registrar of the Co operative Societies, Assam; (xxx) “retail sale” means a sale of any agricultural produce not exceeding such quantity as may by bye-laws or rules be fixed in respect of such agricultural produce; (xxxi) “rules” means rules made under this Act; (xxxii) ‘‘State Government” means the State Government of Assam; (xxxiii) “ Schedule” means a schedule to this Act; (xxxiv) “ Secretary” means the Chief Executive of the market committee and includes officiating, acting, Deputy and Assistant Secretary; (xxxv) “Surveyor” means a person whose business is to survey a consignment of agricultural produce for sale in regard to quality, grade, refraction, adulteration and such other pur poses; (xxxvi) “ trade” means any kind of transaction of- sale and purchase or any kind of remunera tion of sale and purchase of any agricultural produce; (xxxvii) “trader” means a person ordinarily engaged in the business of buying and selling of agricultural produce as a principal or a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business of processing of agricultural produce; (xxxviii) “ Warehousing Corporation” means the State Warehousing Corpoiation established in Assam under Section 18 of the Ware- housing Corporation Act, 1972 ; (xxxix) “weighman” means a person whose business is to weigh a consignment of agricultural produce for sale ; (2) If a question arises whether a person is or is not an agriculturist or trader for the purpose of this Act, it will be decided in the manner prescribed and the decision of the State Government thereon shall be final. Explanation: For the purpose of this Act, thc word “person” includes any firm, joint family, asso ciation or body of individuals whether incorporated or not. CHAPTER II Constitution o f the State Agricultural M ar keting Board, M arket and M arket Com m ittee. Constitu- 3 (1) The State Government may for exercising Stete °f t *i e Po w e r s conferred on and duties assigned to the Agricultural Board by or under this Act, establish and constitute Marketing a State Agricultural Marketing Board consisting of Board. Chairman and 10 other members to be nominated by the State Government as follows:— (a) One non-official Chairman. (b) Officials of the Government of Assam— (i) Director of Agriculture, Assam, (ii) Director of Veterinary and Animal Husbandry, Assam, (iii) Registrar of Co-operative Societies, Assam, (iv) Secretary, Agriculture Department, Assam. 6 ' (c) Non-officials— (1) one agriculturist member of the Market Committees, (ii) one representative from Agricultural Farming Corporations formed under the Assam Agricultural Farming Corporation Act, 1973, (iii) two progressive producers, (iv) one licencee, (v) one from amongst the members of the Co- o operative Marketing Societies represented in the Market Committees. (2) The State Government shall nominate an officer of the Agriculture Department not below the rank of a Joint Director to be the Secretary of the Board. * (3) The Board shall be a body corporate by the name of the State Agricultural Marketing Board having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire and hold property and shall by the said name sue and be sued. (4) The term of office of the Chairman and the non-official members of the Board shall be three years: Provided that any non-official member nominated under clause (c) of sub-section (i) of this section shall cease to be a member of the Board from the date he ceases to be a member of a Market Committee representative of Agricultural Farming Corporation, or a Licencee or a member of the Co-operative Society represented in the Market Committee as the case may be. (5) No person shall be eligible to become a Chairman or a member of the Board who— (a) does not ordinarily reside within the State of Assam ; a (b) is below twenty-one year of age; (c) has been removed under Section 30 of this Act; (d) is of unsound mind ; or (e) has been declared as insolvent or sentenced by a criminal court whether within or outside the State of Assam for an offence involving moral turpitude : Provided that the disqualification under clause 5 (c) on the ground of a sentence by a criminal court shall not apply after the expiry of four years from the date on which the sentence of such person expired s \ Provided further that no person shall be nominated as Chairman of the Board consecutively for more than two terms. (6) A non-official member of the Board may resign from membership by tendering his resignation to the State Government through the Chairman of the Board and the Chairman of the Board may resign by tendering his resignation to the State Government and such resignation shall be effective from the date of the acceptance by the State Government. (7) The State Government may remove the Chair man or any member of the Board who has become subject to any of the disqualifications specified in sub-section (5) : Provided that before removing the Chairman or a member the reasons for the proposed action shall be conveyed to him and his reply invited within a speci fied period and duly considered. (8) In the vacancy caused by cessation of office of any member under proviso to sub-clause (4) or by resignation or removal of the Chairman or member under sub -sections (6) and (7) respectively of this section the State Government may nominate another in the manner provided in clause 3(1) (a) or 3(1) (c) as the case may be and such person shall remain in office for the remaining period of the term of his predecessor. (9) The State Government shall exercise superin tendence and control over the Board and its emplo yees and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty of corruption or mismanagement, it may supersede the Board and, dll such time as a new Board is constituted, shall make such arrangements for the exercise of the unctions of the Board as it may think fit : Provided that the new Board shall be consti tuted within six months from the date of its super- session. (10) The Board shall exercise superintendence and control over the Market Committees in the manner prescribed. (11) The State Government or the Chairman or the Secretary of the Board, or any other employee of the Board authorised in this behalf by the Board, may call for any information for return relating to notified agri cultural produce from a Market Committee or any other functionaries under or in relation to such Market Committees and shall have the power to inspect the records of a Market Committee or such functionaries as the case may be. (12) Subject to the provisions of this Act, and the rules and bye-laws made thereunder, the Board may employ such persons for the performance of the func tions of the Board under this Act, and may give them such remuneration, as it may think fit, and may sus pend, remove, dismiss or otherwise punish any person so employed. (13) Subject to rules made under this Act, an estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared and passed by ' the Board and submitted every year for sanction of the State Government not later than the prescribed date. The State Government shall sanc tion and return the budget within two months from the date of the receipt thereof. If it is not received within two months it shall be presumed to have been sanctioned. (14) Subject to rules made under this Act, the Board may, with the approval of the State Govern ment frame bye-laws for— (a) regulating the transaction of business at its meeting; (b) the assignment of duties and powers of the Board to its Chairman, Secretary or per sons employed by it; and (c) such other matters as may be prescribed. (15) Four members shall constitute a quorum at a meeting of the Board: Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at such adjourned meeting. (16) All questions before a meeting of the Board shall be determined by a majority of votes of the members present in the voting and, in case of equality of votes, the Chairman may exercise a casting vote. 9 (17) The State Government may delegate, by notification in the official Gazette any of the powers conferred on it by or under the Act, to any of its officers or to the Board or to the Chairman or its Secretary. (18) The headquarters of the Board shall be located at a place to be determined by the State Government. (19) No actor proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof. of’Vntemion (1) The State Government may, by notifi- of exercising c a t ' o n in the official gazette, declare its intention of control over regulating the purchase and sale of such agricultural purchase andproduce in such areas as may be specified in the notifi- cultura^ro- c a t-'o n - A copy of the notification under this section duce'in spe- shall also be published in the area concerned in the cified area, manner prescribed: Provided that no area within the limits of a Dis trict Council shall be included in the area specified in such notification except after consultation with the District Council concerned. (2) The notification under sub-section (1) shall state that any objection or suggestion received by the State Government within a period of not less than one month to be specified in the notification under sub-section (1) shall be considered by the State Government. ofeC ,market 5.(1) After the expiry of the period specified °re a m a r e in the notification issued under section 4 and after considering such objections and suggestions as may be received before such expiry and after holding such enquiry a# may be necessary the State Government may, by notification in the official Gazette, declare the area specified in the notification under section 4 or any portion thereof to be a market area for the purpose of this Act in respect of all or any of the kinds of agricultural produce specified in the said notification. A copy of the notification under this section shall also be published in the area conceined in the manner prescribed. (2) On and after the date of the publication of the notification under sub-section (1) or at such later date as may be specified therein, no local autho rity or other person, notwithstanding anything con tained in any law for the time being in force, shall, within the market area or within a distance thereof 10 to be notified in the official Gazette in this behalf, set up, establish or continue or allow to be set up, established or continued, any place for the purchase or sale of any agricultural produce so notified, except in accordance with the provisions of this Act, and the rules and bye-laws, framed thereunder for pur chase or sale of any agricultural produce so notified. (3) Nothing in sub-section (2) shall apply to the purchase or sale of such agricultural produce if the producer of such produce is himself its seller and the purchaser is a person, who purchases such produce for his own private consumption or if such agricul tural produce is sold by retail sale to a person who purchases such produce for his own private consump tion. (4) The State Government, may, at any time by notification in the official Gazette exclude from the market area any area or any agricultural produce comprised therein or include in any market area, any area or any agricultural produce as included in the notification issued under Section 4. (5) Subject to the provisions of section 4, the State Government may at any time by notification in the official Gazette withdraw any notification issued under sub-section (1). Declaration 6(1) For each market area there shall be one of market principal market-yard and one or more sub-market yard*. ya rcj3 a s m a y be necessary. (2) The State Government may, by notification in the official Gazette, declare— (i) any enclosure, building or locality in any market area to be the principal market-yard and other enclosures, buildings or localities in such market areas to be one or more sub-market yard or yards for the area ; and (ii) any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard or yards, as the case may be, as it thinks fit to be market proper. Establish-