Bare ActsThe SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005

Section 15

(1) Every Market Committee shall have a Chairman and Vice-chairman a Vice- Chairman

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

(1) Every Market Committee shall have a Chairman and Vice-chairman a Vice- Chairman. The Chairman and Vice-Chairman of Market shall be elected by the elected members of the Committee Market Committee from amongst those who are representatives of agriculturists. (2) After every general election, the Market Committee shall elect the Chairman and Vice-Chairman at its first general meeting, which shall be convened by the Director/Managing ,Director/Collector within one month of the general election. -15- Election of Chairman and Vice-Chairman Tile Chairman and Vice-Chairman so elected shall hold office for the full term from the date on which they enter upon their respective offices, (3) The Chairman and Vice-Chairman shall notwithstanding the expiry of their term of office, continue to hold office until their successors enter Lipan their office, (4) The meeting convened for the election of the Chairman and Vice-Chairman shall be presided over by the Director/Managing Director or any officer authorized by him in this behalf, The Director/Managing Director or such officer, when presiding over the meeting, has the same powers as the Chairman when presiding over, a meeting of the Market Committee, but shall not have the right to vote, (5) If in the election of a Chairman or Vice-Chairman there is an equality of vote, the result of the election shall be decided by lots to be drawn in the presence of the officer presiding in such manner as he may determine, (6) In the event of dispute, arising as to the validity of the election of a Chairman or Vice-Chairman the Collector, if he is the presiding officer shall decide the dispute himself and in any other case officer presiding shall refer the dispute to the Collector for decision, The decision of the Collector shall subject to an appeal to the Commissioner shall be final and no suit or other proceedings shall lie in any Court of Law in respect of such decision, OR 15A.(1) The Chairman shall be chosen by direct election by the persons qualified to vote for the election of representatives of the agriculturists and traders in the prescribed manner: Provided that no person shall be eligible for election as Chairman unless he is qualified to be elected under sub-sections (2) and (3) of Section 14C, (2) The offices of the Chairman shall be reserved for the Scheduled Castes and Scheduled Tribes and the number of offices so reserved shall bear, as nearly as may be, the same proportion to the total number of such offices in the State as the population of the Scheduled Castes and Scheduled Tribes in the States bears to the total population of the State and these offices shall be allotted, by the Director/Managing Director to the Market Committee s in the prescribed manner, (3) Twenty five percent of the total number of offices of Chairman shall be reserved for Other Backward Classes and such seats shall be allotted in the prescribed manner by the Director/Managing Director, to such Market Committees, which are not reserved for Scheduled Castes or Scheduled Tribes, (4) Not less than one third of the total number of offices of Chairman reserved under sub-sections (2) and (3) shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes or Other Backward Classes, as the case may be, (5) r~ot less than one third (including the number of offices) reserved for women belonging to the Scheduled Castes and Scheduled Tribes and Other Backward Classes of the total number of offices of Chairman in the State shall be reserved for wornen and such offices shall be allotted by the Managing Director to different Market Committees in the prescribed Manrer, (6) No person shall be eligible to contest election simultaneously for office of the Chairman and member, Resignation by Chairman and Vice- Chairman and vacancy in their office No confidence motion against Chairman and Vice- Chairman (7) If any market area fails to elect a Chairman fresh election proceedings shall be initiated to fill the office within six months: Provided further that pending the election of Chairman under this sub-section the Vice-chairman shall discharge all the functions of the Chairman. (8) There shall be a Vice-Chairman of the Market Committee who shall be elected by and from amongst the elected member thereof in the first meeting of the Market Committee.convened under sub-section(1) of Section 14 in the prescribed manner: Provided that if the Chairman of the Market Committee does not belong to Scheduled Castes, Scheduled Tribes or Other Backward Classes, the Vice Chairman shall be elected from amongst the elected members belonging to such castes, tribes or classes: Provided further that no person shall be eligible for election as Vice-Chairman unless he is an agriculturist. (9) Every election of Chairman and Vice-chairman shall be notified in the office Gazette by the Collector.

Section 15 – The SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005 | DailyLaw.ai