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Hence this bill. (Obtained from File No.LAW 48 LGN 86) (L.A. Bill No 36 of 1986.) XIII Amending Act 29 of 1987.- It is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966.- (i) to restrict the sale and purchase of notified agricultural produce to a market yard, market subyard or sub-market yard except in cases of certain co-operative societies, and sale by a retail trader; (ii) to make provision for disqualification of a commission agent or a market functionary for membership of a market committee. (iii) to prohibit moving of a no-confidence motion within a period of one year after the failure of a similar motion of no-confidence moved earlier; (iv) to provide for cancellation or suspension of a licence if licensee is in arrears of market fee or penalty; (v) to remove the existing classification of traders for the purpose of obtaining security; (vi) to provide punishment for contravention of section 66. Opportunity is also taken to make certain consequential amendments. As the Karnataka Legislative Council was not in session and the matter was urgent, the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Ordinance, 1987 (Karnataka Ordinance 5 of 1987) was promulgated. This Bill seeks to replace the said Ordinance. 17 (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 2-9-1987 as No. 572 at page 6.) XIV Amending Act 6 of 1988.- It is considered expendient further to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966) to enable the Agricultural Produce Marketing Committees to contribute towards the Promotion of agricultural engineering and research in the state. As the matter was urgent and the Karnataka Legislative Council was not in session, the Karnataka Agricultural Produce Marketing (Regulation) (Second Amendment) Ordinance, 1987 (Karnataka Ordinance 6 of 1987) was promulgated. This Bill seeks to replace the said Ordinance. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 23-1-1988 as No. 53 at page 4.) XV Amending Act 14 of 1990.- In the Karnataka State Civil Service Act, 1976 (Karnataka Act 14 of 1990) certain consequential amendments were made to the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966. XVI Amending Act 16 of 1991.- Having regard to the amendment suggested by the Committee constituted on 15-10-87 it is considered necessary to make the following changes namely;- (1) To specify, that market area shall not be less than a Taluka and more than a district. (2) To enable the market committee to enter into agrement with the owner of any land or building to purchase such Land or building after getting approval of the Director of Agricultural Marketing and obtaining a valuation Certificate from the Deputy Commissioner. (3) To enhance the number of agriculturist, representatives in the market committee from 9 to 11 and to provide for reservation of one seat for women and two seats for persons belonging to Scheduled Caste and Scheduled Tribes and consequent to this to omit the provision relating to nomination of two persons belonging to Scheduled Caste and Scheduled Tribes. 18 (4) To exclude commission agents from the market committee. (5) To have one representative each from amongst the Co-Operative Market Societies and the Agricultural Co-Operative Processing Societies carrying on business in notified agricultural Produce within the market area instead of the representatives of Taluka marketing Society. (6) To provide for disqualification for membership of a representative of agriculturist, if such person was doing business as a trader, commission agent, broker, importer, exporter till such date not later than five years immediately preceding the date of election. (7) To provide for disqualification if a person defaults for a period of seven days or more by failing to pay the sale proceeds or other amount due to seller. (8) To make it obligatory to hold the election of market committee before expiry of term of office of members. (9) To enable the prescribed officer to hold election of Vice-Chairman also which is now being conducted by the Chairman. (10) To provide for appointment of an officer to preside over the meeting where a motion of no confidence is made both against the Chairman and Vice-Chairman. (11) To provide for one single service by amalgamating the Karnataka State Market Committee Service and the Karnataka State Marketing Service. (12) To enable the market committee to grant loans to Co-Operative Marketing Societies and Agricultural Co-Operative Societies and other Co-Operative Societies dealing in notified Agricultural Produce within the market area and contribute shares to the Co-operative Marketing Societies and Agricultural Co-operative processing societies within the market area and dealing in notified agricultural Produce. (13) To empower the market committee to take steps for purchase, sale, etc., of agricultural produce during the disruption of functioning in the market yard or sub-yard, due to strike. (14) To enable the market committee to provide, within the market area, any infrastructural facilities for the benefit of the user's of market. (15) To empower the market committee and Secretary of market committee to exercise certain powers under the Karnataka Municipal Corporations Act, the Karnataka Municipalities Act, and the Karnataka Zilla Parishads etc., Act. (16) To raise the market fee in respect of cattle from rupee five per head to five rupees and in case of sheep or goat from twenty five paise per head to one rupee. (17) To levy market fee at the rate of eighty per cent in the case of Co-Operative Societies. 19 (18) To specify the maximum commission in the case of coconuts as rupees fifteen per one thousand and in other cases rupees fifteen per quintal. (19) To enhance security amount payable by the traders and commission agents from Rs. 1,000-00 to Rs. 5,000-00 in addition to a continuous Bank guarantee of Rs.10,000-00 or an amount equal to two per cent of the annual turn over, whichever is more. (20) To include Secretary to Government , Co-Operation Department, or his nominee, Secretary to Government Agricultural Department or his nominee and the Director of Agricultural Marketing as the members of the State Marketing Board. (21) To specify the functions of the Board and Managing Director of the Board. (22) To restore to the State Government the powers of the Director to supersede the market committee. (23) To restore to the State Government the powers of the Director to remove Chairman and Vice-Chairman of the market committee. (24) To amend the Karnataka Rent Control Act. 1961 to exclude premises of the market committee from the purview of that Act. (25) To Amend the Karnataka Public Premises (Eviction of Unauthorised occupants) Act, 1974 to extend the provisions of the Act to premises of market committee. (26) Certain consequential and incidental changes are also made. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 26-3-1991 as No. 137 at page 499-501.) XVII Amending Act 16 of 1998.- The Karnataka Agricultural Produce Marketing (Regulation) Act, 1959 stipulates that payment has to be made to the farmers who sell their agricultural produce, on the very day of the sale of their produce, yet, the market functionaries are found delaying payment to the sellers and also making unauthorised deductions as commission out of the sale price. The subject committee has suggested that the commission agents as also purchasers should be required to remit the amount directly to the Market Committee instead of making payment other than through the Market Committee, so that the Market Committee can make payments to the farmers immediately and without deductions. Therefore it is considered necessary to amend the Act suitably and for certain other purposes. Hence the Bill. (Obtained from L.A.Bill No.19 of 1997) XVIII 20 Amending Act 17 of 1998.- Section 11 of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 provides for Constitution of second and subsequent Market Committees. There was no provision for nomination of members to a Market Committee except nomination of an officer by the Director of Agricultural Marketing. Since Market Committees handle huge public funds released by way of marketing fees, constructive guidance and vigilance are necessary for proper utilisation of funds for various developmental activities. In order to ensure this it was considered necessary to nominate three members by amending section 11. Accordingly the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Ordinance, 1997 was promulgated on 22nd May 1997. It has now lapsed. A Bill to replace the said Ordinance was introduced in the last session held during the year 1997. But it was not taken up for consideration. After promulgation of the said Ordinance the Government nominated Members to some of the Market Committees. Meanwhile, the ordinance was questioned in the High Court and the High Court quashed the ordinance. Against that judgement, the Government filed writ appeal No. 5052-5053 of 1997 and in the said appeals the order of the single judge quashing the ordinance was set aside. The High Court had directed the State Government in Writ Petition No.18486 of 1997 to hold election to the offices of the Chairman and Vice-Chairman of the Market Committees before 30th April 1998. The Bill pending in the Legislative Assembly was not taken up for consideration even during the last session. It has become necessary to make nominations to all the Market Committees in the State before holding election to the offices of the Chairman and Vice-Chairman. As the matter was urgent and Karnataka Legislative Council is not in session the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Ordinance, 1998 was promulgated. Hence the Bill. (Obtained from L.A.Bill No.12 of 1998) XIX Amending Act 22 of 2000.- Note.- By this Act certain obsolete laws were repealed and certain minor and consequential amendments were made to certain laws including Act 27 of