Amendment status not verified — confirm the current text below against the official source.
Establishment of market committee The State Government shall by notification establish a market committee for every notified market area and shall specify its headquarters. 1[12. Constitution of committees (1) A committee shall consist of 2[twelve] or sixteen members as the State Government may in each case determine, out of whom one shall be appointed by the State Government from amongst its officials: Provided that where in a notified market area, there is in existence a Co-operative Society, the committee shall consist of 3[thirteen] or seventeen members, as the case may be: (2) The remaining members shall be nominated by the State Government by notification in the Official Gazette as follows:- (a) If the committee is to consist of 4[twelve] members, there shall be nominated- (i) 5[( six members from amongst such producers, who are members of Gram Panchayats or Panchayat Samitis situated in the notified market area: Provided that out of the six members, one may or may not be a member of the Gram Panchayat or Panchayat Samiti situated in the notified market area: Provided further that out of the six members, one shall be an expert in the field of production or marketing or processing of agricultural produce: Provided further that in case no such expert is available, then the nomination shall be made in the manner hereinbefore mentioned;] (ii) 6[three ] members from amongst the persons licensed under section 10 ; and (iii) 7[two] member from amongst the persons licensed under section 13: Provided that the members nominated under this clause shall include one member belonging to Scheduled Castes or Backward Classes and one woman member, who are members of Gram Panchayats or Panchayat Samitis of the concerned notified market area and who are otherwise qualified to be nominated as members of the Committee; (b) If the committee is to consist of 8[thirteen] members, there shall be nominated, in addition to the members specified in sub-clauses (i), (ii) and (iii), of clause (a), one member representing the Co-operative Societies; (c ) If the committee is to consist of sixteen members, there shall be nominated- (i) nine members from amongst such producers, who are members of Gram Panchayats or Panchayat Samitis situated in the notified market area: Provided that out of the nine members, one shall be an expert in the field of production or marketing or processing of agricultural produce: 1 Substituted vide Notification No.7 legal/96 dated 17.04.1996 (Punjab Act No. 5 of 1996) 2 Substituted vide Notification No. 14/Leg.-2006/dated 4-5-2006 (Punjab Act No. 14 of 2006. 3 Substituted vide ibid. 4 Substituted vide ibid. 5 Substituted vide ibid. 6 Substituted vide ibid. 7 Substituted vide ibid. 8 Substituted vide ibid. 16 Provided further that in case no such expert is available, then the nomination shall be made in the manner herein before mentioned; (ii)four members from amongst the persons licensed under section 10 ; and (iii)two members from amongst the persons licensed under section 13 : Provided that the members nominated under this clause shall include two members belonging to Scheduled Castes or Backward Classes and one woman member, who are members of Gram Panchayats or Panchayat Samitis of the concerned notified market area and who are otherwise qualified to be nominated as members of the committee; (d) if the committee is to consist of seventeen members, here shall be nominated, in addition to the members specified in sub-clauses (i), (ii) and (iii) of clause (c), one member representing the Co-operative Societies: Provided that where in the case of sub-clause (iii) of clause (a) or sub-clause (iii) of clause (c), there are no persons licensed under section 13, or the member of such persons is less than those required to be nominated, the deficiency shall be made up by nominating members from amongst the persons licensed under section 10. (3) No act, done or proceeding taken, under this Act, by the Committee, shall be invalid merely on the ground of- (a) any vacancy or defect in the constitution of the Committee ;or (b) any defect or irregularity in the nomination of a person acting as member thereof; or (c) any defect or irregularity in such act or proceeding not affecting the merits of the case. (4) Subject to the rules made under this Act, the disqualifications specified in sub-section (5) of section 3, shall also apply for purposes of becoming a member of the committee. (5) The State Government shall constitute Committees in accordance with the provisions of this section: Provided that the State Government may, until such Committees are constituted and their Chairman and Vice-Chairman are appointed in accordance with the provisions of this Act, allow the persons already appointed under section 36 of this Act to hold office and exercise the powers and perform the functions of such committees]. 1[12-A. Supersession of nominated Committees On and from the commencement of the Punjab Agricultural produce markets (Amendment) Act,2017- (a) all the committees, constituted by way of nomination under section 12 as it existed immediately before such commencement, shall stand superseded; (b) all the members including the Chairman and the vice-Chairman of every committee, shall cease to hold office; (c ) during the period of supersession of the Committees, all powers and duties conferred and imposed upon the Committee, its Chairman, Vice-Chairman and other members by or under this Act, shall be exercised and performed by such officer, as the Government may appoint in that behalf; and 1 substituted vide notification no.22-Leg./2017 dated 18-8-2017(Punjab Act No. 18 of 2017 ) 17 (d) all the property vested in the committees shall, until these are re-constituted, vest in the Government : Provided that the Committees shall be re-constituted, in accordance with the provisions of Section 12 within a period of one year from the date of supersession.]" Notwithstanding such repeal , anything done or any action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of the Act. 1[12-AA.Validation: (1) Notwithstanding any judgment, decree or order of any court or other authority, all actions taken or orders made by the officers, appointed by the Government, in pursuance of the provision of the clause (c) of Section 12-A of the principal Act, - vide notification No. 1/1/2007- M-3/3091, dated4th June, 2007, while exercising their powers and performing duties before the commencement of the Punjab Agricultural Produce Markets (Amendment and validation) Act 2009, shall, for all purposes, be deemed to be and to have always been done or issued in accordance with law and accordingly- (a) no suit or other proceeding shall be maintained or continued in any court with regard to any action so taken or order so made; and (b) no court shall enforce any degree or order with regard to any action so taken or order so made (2) For removal of doubts, it is hereby declared that nothing in sub-section (1) shall be constructed as preventing any person from questioning in accordance with the provisions of the principal Act and the rules, made there under any action so taken or order so made by the said officers"] 2[12-AAA. Validation of Action: (1) Notwithstanding any judgment, decree or order of any court or other authority, all actions taken or orders made by the officers, appointed by the State Government, in pursuance of the provision of the clause (c) of Section 12-A of the principal Act, - vide notification No. 1/1/2007- M-3/3091, dated 4th June, 2007, while exercising their powers and performing duties with effect from the first day of January 2010, shall, for all purposes, be deemed to be and to have always been done or issued in accordance with law, and accordingly – (a) no suit or other proceeding shall be maintained or continued in any court with regard to any action so taken or order so made; and 1 inserted vide notification no 21.-Legal/2009 dated 31-12-2009 (Punjab Act no. 18 of 2009). 2 inserted vide notification no. 30–Legal/2010 dated 22-09-2010 (Punjab Act no. 22 of 2010). 18 (b) no court shall enforce any degree or order with regard to any action so taken or order so made; (2) For removal of doubts, it is hereby declared that nothing in sub-section (1) shall be constructed as preventing any person from questioning in accordance with the provisions of the principal Act and the rules, made there under any action so taken or order so made by the said officers. 12-B 1[……] *[12-C. Supersession of nominated Committees................. Omitted]. *[12-D. Constitution of nominated Committees by nomination for fixed period...... Omitted].