Bare ActsThe Assam Agricultural Produce Market (Amendment) Act, 2001

Section 6

Amendment status not verified — confirm the current text below against the official source.

In the principal Act, in section 3,- (1) in sub-section (1), - (i) for the figure "12" appearing in the fourth line, the figure "17" shall be substituted. (ii) for clause (a), the following shall be substituted, namely "(a) one Chairman." (iii) in clauses (b), after sub-clause (vi), the following new sub-clause (vii) shall be inserted, namely :- "(vii) Representative of the Marketing Adviser, Government of India, posted at Guwahati." (iv) in clause c, - (a) in sub-clause (i), (iii), (iv) and (v), for the punctuation mark " . " appearing at the end, 148 THE ASSAM GAZETTE. EXTRAORDINARY, JAN. 30, 2001 the punctuation mark " - " shall be substituted and the following lines shall be inserted against each, namely "To be nominated by the Chairman of the Board." (b) after sub-clause (v), the following new sub-clauses shall be inserted, namely :- "(vi) One trader of Agricultural Produce of a Market Committee to be nominated by the Chairman of the Board. (vii) 3 (three) Nos. of Chairman from the Market Committee to be nominated by the » Chairman of the Board." (2) for sub-section (2), the following shall be i substituted, namely :- "(2) The State Government shall nominate a senior officer of the State Government having sufficient experience in the affairs of the State, to be the Chief Executive Officer of the Board who shall be selected by a Committee to be . constituted by the Slate Government for this purpose. The Chief Executive Officer shall be the ex-officio Member-Secretary of the Board who shall en joy the status of a Joint Secretary to the Government of Assam and shall hold office for such term and under such terms and conditions as may be fixed by the State Government from time to time." . (3) in sub-section (3), the punctuation mark " . " appearing after the word "sued" shall be deleted and after the word "sued" the following shall be inserted, namely :- "and shall be competent to acquire and hold lease, or otherwise transfer any property and to enter into any contract and to do all other things necessary, for the purpose for which it is established.” (4) After sub-section (3), the following new sub-section shall be inserted, namely :- THE ASSAM GAZETTE, EXTRAORDINARY. JAN. 30, 2001 149 "(3A) The Board may with the previous sanction of the State Government raise money required for carrying out the purposes for which it is established on the security of any properly vested in it: Provided that the conditions subject to which such money or loan shall be raised or obtained and lime within which such money or loan shall be repayable shall be subject to the previous sanction of the State Government." (5) After sub-section (7), the following new sub-section (7A) shall be inserted, namely "(7A) In the event of the removal of the Chairman by the State Government under sub-section (7) of section 3 and also in the event of resignation by the Chairman under sub-section (6) of section 3, the State Government shall nominate one amongst the members of the Board to preside over the meetings of the Board till a regular Chairman is nominated by the State Government." (6) for sub-section (12), the following shall be substituted, namely :- "(12) (a) Subject to the provisions of this Act and the rules and the bye-laws made thereunder the Board may employ such persons for the performance of the functions of the Board under this Act, and may give them such remuneration as it may think, fit and may suspend, remove, dismiss or otherwise punish any person so employed : Provided that no new post in any category shall be created by the Board without obtaining prior approval of the State Government and the numbers of existing posts category-wise already created by the Board since its inception and before coming into force of the Assam Agricultural Produce Market ( Amendment) Act, 2000, shall be 2001 Substitution of the word "Secretary" 150 THE ASSAM GAZETTE, EXTRAORDINARY. JAN, 30 , submitted by the Board for obtaining ex-post-facto concurrence of the State Government in this regard within one month from the date of coming into force of the Assam Agricultural Produce Market (Amendment) Act, 2000 and no person shall be employed by the Board in any capacity and in any manner whether on fixed pay or on adhoc basis or otherwise if the creation of such post has not been concurred by the State Government as provided under this section : Provided further that the Board may, with the approval of the State Government and without any prejudice to the rule making power of the State Government under section 49 of the Act. make bye-Laws under sub-section (14) of section 3 regulating the employment and conditions of service in respect of any or all categories of officers and employees of the Market Committees and such bye laws shall, as nearly as may be, consistent with the corresponding rules in respect of the Officers and employees of the corresponding grade of the State Government. Any amendment to such bye-Laws once framed shall require approbation of atleast three - fourth of the total number of members of the Board in the meeting before approval of the Government. (b) The Board may constitute pool of Officers and other staff common to all market Committees and the Board as it may deem fit." (7) in sub-section (14), the existing clause (c) shall be renumbered as clause (d) and after clause (b) the following new clause (c) shall be inserted, namely :- "(c) regulating the employment and conditions of service in respect of any or all of the categories of Officers and employees of the Board arid the Market Committees

Section 6 – The Assam Agricultural Produce Market (Amendment) Act, 2001 | DailyLaw.ai