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

Section 3

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

Most Backward Class (one member) (Women): Provided further that no agriculturist will be eligible to be elected as representative of agriculturists unless he has sold agricultural produce in the market in proceeding two successive years: Provided further if the committee is established first time, then no agriculturist will qualify to be elected as a representative of agriculturist unless he has sold agricultural produce in the market durinq the last six months; (ii) Two members shall be licensed traders elected amongst them in the manner prescribed; (iii) One member shall be a representative of the Co-operative Marketing Societyl, which has the headquarters within market area: Provided further if there is more than one such society the representative will be elected as prescribed; (iv) Two members shall be the Government nominees out of whom one member shall be the representative of the State Department of Food Security and Agriculture Development I Horticulture & Cash Crop Development land District Collector Office each; (v) One representative of Local authority (Chairman of Nagarpalika from Munici- palities, or Municipal Corporation Mahanagarpalika, Panchayat Samiti or Zilla Parishad as the case may be). (2) A member elected under clauses (i), (ii), (iii) and (vi) of sub-section (1) shall cease to hold office as such member if he ceases to be a member of the electorate by which he was elected. (3) The State Government may make rules to. provide for the election of the members of the Market Committee, the authority which shall conduct election, determination of constituencies, the preparation and maintenance of the list of voters,disquali- fications for being chosen as and for being, a member the right to vote, the payment of deposit and its forfeiture, election offences, the determination of election disputes and all matters ancillary thereto. (4) On the failure of the electorate mentioned in clause (i) and (ii) of sub-section (1) to elect a member or members referred to in the said clause after the proceedings have been started in accordance with the provisions of this Act or the rules made there under, the State Government shall nominate on behalf of the electorate concerned a person or persons qualified to be a member as member or members of the Market Committee. (5) Members of every Market Committee shall hold office for a period of five years from the date of the first general meeting of the Market Committee. (6) If within the period mentioned in sub-section (5) the Market Comrnittee is not newly constituted, the :v1arketCommittee shall on the expiry of such period, be . deemed to have been dissolved. (7) An elected member of the Market Committee may resign his office at any time by a letter in writing addressed to the Director/Managing Director to that effect and his office shall become vacant on expiry of fifteen days from the date of ..12- Constitution of Market Committee such resignation unless within the said period of fifteen days he withdraws the resignation by another letter in writing addressed to the Director/ Managing Director. (8) In the event of the death, resignation or removal of a member before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in office and such vacancy shall be filled as soon as may be by the election or nomination, as the case may be, of a person thereto as member, who shall take office forthwith and shall hold such office for the unexpired term of his predecessor; provided that no casual vacant shall be filled which occurs within a period of four months preceding the date on which his term expires. (9) The Chairman and other members of the Market Committee shall be paid from. the Market Committee funds such honorarium. sitting fees, traveling allowances and other allowances as may be fixed by the Director/ Managing Director from time to time. OR (Choose 14 or set of 14A, 148, 14C, 14D) 14.A (a) (b) (1) A Market Committee shall consist of- the Chairman elected under Section 17; Ten representatives of agric,ulturists possessing such qualifications as may be prescribed chosen by direct election from the constituencies of a market area in accordance with the provisions of this Act and the rules made there under: Provided further that no agriculturist may be qualified to be elected as representatives of agriculturist unless he has sold agricultural produce in the market successively for last two years: Provided further if the committee is established first time, then no agriculturist will qualify to be elected as a representative of agriculturist unless he has sold agricultural produce in the market during the last six months. (c) One representative of traders possessing such qualifications as may be prescribed, elected by and from amongst the persons holding registration from the Market Committee for a period of two successive years as traders or owners or occupiers of processing factories under this Acts: Provided that in the case of Market Committee established for the first time under Section 13, the qualifying period of holding license from such Market Committee shall be six months: Provided further if total number of registered traders for a period of their successive years is more than 100 then there will be two representatives: Provided also that no person shall be a voter of more than one Market Committee at a time: Provided also that no person shall be a voter unless.- i) he has completed the age of 18 year; (ii) he is not a defaulter of the Market Committee. (2) Every committee will have following committee members- (a) One representative of the Cooperative Marketing Society functioning in the market area who shall be elected by the managing committee of such society: Provided that if more than one such society functions in the market area. such member shall be elected by all the members of tile managing. Committees of such societies: -13- Division of Market Area constituencies and reservation of seats Qualification to vote and to be representative of Agriculture for Provided further that nothing in this clause shall apply if the managing committee of any society stands superseded under the provisions of the State Co- operative Societies Act; (b) An Officer of the Food Security Agriculture Development Department of the State Government to be nominated by the Collectorl Director; (c) One representative of the Weigh men and harnrnals operating in the marketing area holding license from the Market Committee to be nominated by the Chairman of the Market Committee; (d) One representative of the Gram Panchayat or Zilla Panchayat that falls within the jurisdiction of the market area nominated by the Chairperson of the Zilla Panchayat: Provided that in the Market Committee situated at the District headquarters the representative shall be nominated from amongst the members of the Zilla Panchayat only, (3) Only members under sub-section (1) shall have a riqht to vote, (4) The State Government may make rules for the preparation of voters' list and conduct of election. (5) If the electorate under clause (b) or (c) of subsection (1) fails to elect a representative, the Collector shall nominate the representative of the agriculturists or traders, as the case may be. (6) Every election and nomination of the member shall be notified by the Collector in the Official Gazette. 148.(1) The Collector shall by notification divide a market area into as many numbers of constituency's equal 32 to the number of the representatives of the agricultu rists to be chosen from that area. (2) Seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Market Committee and the number of seats so reserved shall bear as nearly as may be the same proportion no the total number of seats to be filled in that Market Committee as the population of Scheduled Castes or Scheduled Tribes in that Market area bears to the total population of that area and SUCllseats shall be allotted to the constituencies in the prescribed manner. (3) Where the total number of seats belonging to Scheduled Castes and Scheduled Tribes in a market area is fifty percent 01' less than fifty percent, twenty five percent of total number of seats shall be reserved for Other Backward Classes. (4) Not less than one third of the total number of seats reserved under sub-sections (2) and (3) shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes or Other Backward Classes, as tile case may be. (5) Not less than one third (including the number of seats reserved for women belonging to Scheduled Castes, Scheduled Tribes and Other backward Classes of the total number of seats shall be reserved for women and such seats shall be allotted by the Collector to different constituencies in the prescribed manner. (if the election is indirect, this will not apply). 14C(1) Every person .- (a) whose name is entered as Land owner in the village land records; (b) who ordinarily resides in the market area; (c) who has completed the age of 18 years; and (d) whose name is included in tile voter's list prepared under the provisions of this Act and the Rules made there under: shall be qualified to vote at the election of a representative of agriculturists: Provided that no person shall be eligible to vote in more than one constituency. First meeting, terms of officer, resignation by Chairman, vice- Chairman or Member and vacancy in their office Chairman and Vice- Chairman of Market Committee (2) No person shall be qualified to be elected as a representative of agriculturists unless- (a) his name is included in the list of voters as agriculturist of the market area; (b) he is an agriculturist; (c) he is otherwise not disqualified for being so elected. (3) No person shall be eligible for election from more than one Market Committee or constituency as the case may be.

Section 3 – The SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005 | DailyLaw.ai