Bare ActsThe Gujarat Agricultural Produce Markets Act, 1963

Section 11

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

(1) Every market committee shall consist of the following members, namely :— (i) eight agriculturists who shall be elected by members of managing com- mittees of co-operative societies (other than co-operative marketing societies)dis- pensing agricultural credit in the market area; (ii) four members to be elected in the prescribed manner from amongst themselves by the traders holding general licences; (iii) two representatives of the co-operative marketing societies situate in the market area and holding general licences, to be elected from amongst the mem- bers (other than nominal, associate or sympathiser members) of such societies by the members of the managing committees of such societies: Provided that where the number of co-operative marketing societies so situate does not exceed two, only one representative shall be so elected; (iv) one member to be nominated by the local authority (other than the market committee) within whose jurisdiction the principal market yard is situated from amongst its councillors or, as the case may be, members who do not hold any general licence : Provided that where under the law applicable to the local authority its coun- cillors or members have vacated office and any person or administrator has been appointed to exercise the powers and perform the functions of the local authority, Incorporation of market committee Constitation of market committee. Bom. I of 1904 6 Gujarat Agricultural Produce Markets Act, 1963 1964 : Guj. XX] such person or, as the case may be, administrator shall nominate a member under this paragraph form amongst persons qualified to be councillors or members of the local authority and not holding a general licence; (v) two members to be nominated by the State Government : Provided that when a market committee is constituted for the first time all the members thereof shall be persons nominated by the State Government and shall hold office for a period of two years from the date of their nomination. (2) (a) If for any reason in the case of a market committee no election is held, the Director shall report the fact to the State Government and with the previous approval of the State Government nominate on the market committee members of the respective class specified in sub-section (1) from amongst persons qualified to be elected as members of the respective class. (b) The persons so nominated shall hold office for such period not exceed- ing two years as the Director may, with the approval of the State Government determine. (3) If for any reason in the case of a market committee an election does not result in the return of the required number of qualified persons to take office, the Director, after taking into consideration the views of the members already elected shall as soon as possible nominate from amongst persons qualified to be elected such number as is necessary to make up the required number and the persons so nominated shall be deemed to have been duly elected as members of the market committee. (4) (a) The term of office of a market committee shall, save as otherwise provided in this Act, be four years form the date of its first general meeting. 7[‘‘(aa) The state Government may, by order published in the Official Gazette and for reasons to be recorded therein, extend the said term for a period not exceeding one year in the aggregate.] (b) Save as otherwise provided in this Act, the term of office of the members of the market committee shall be co-extensive with the term of the market committee and also shall be deemed to extend to and expire with the day immedi- ately before the 8[date of the appointment of an Administrator under clause (a) of sub-section (5)]. 9[(5) (a) Where the term of office of a market committee has expired, the State Government shall, by order published in the Official Gazette direct that– (i) such parson as may be appointed by the State Government from time shall be the Administrator to manage the affairs of the market committee, during the period beginning with the date specified in the order and ending on the day imme- diately preceding the date of the first general meeting of the market committee as reconstituted on the expiry of the term of the market committee (hereinafter in this sub-section referred to as “the said period”); (ii) the market committee shall be reconstituted within such period not exceeding one year in the aggregate as may be specified in the order. 1964 : Guj. XX] Gujarat Agricultural Produce Markets Act, 1963 7 (b) Daring the said period, all powers, functions and duties of the market committee under this Act shall be exercised and performed by the Administrator. (c) The Administrator may by an order in writing delegate any of the powers, functions and duties to be exercised or performed by him under clause (b) to any officer for the time being employed by the market committee. (d) The Administrator shall receive such remuneration from the Market Committee Fund as the State Government may from time to time by general or special order determine.”]

Section 11 – The Gujarat Agricultural Produce Markets Act, 1963 | DailyLaw.ai