Section 36 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

 

Section 36 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

36. [ Constitution of the Board.- The State Government may, by notification [ xxx ] [Sections 36 to 36P Substituted for "section 36" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1975, section 9.] establish a Board to be known as the West Bengal State Marketing Board.]

(2)The Board shall be a body corporate by the aforesaid name, shall have perpetual succession and a common seal, may sue and be sued in its corporate name and shall be competent to acquire, hold and dispose of property, both movable and immovable, enter into contracts and do all such things as may, from time to time, be necessary for carrying .out the purposes of this Act.

(3)The Board [shall be constituted by the State Government by notification and] [Inserted by the West Bengal Agricultural Produce Marketing (Regulation) (amendment) Act, 1981, section 14(a).] shall consist of members, both officials and non-officials, not more than 20 in number, of whom not more than 10 shall be non-officials.

(4)The members of the Board shall be appointed by the State Government.

(5)The State Government shall appoint one from among the members of the Board to be the Chairman [, one to be the Vice-Chairman and another to be the Secretary] [Substituted for "and another to be the Vice-Chairman" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1977, section 14(1).] of the Board.

(6)The term of office of the members of the Board shall be three years from the date of [notification under [sub-section (3)] [Substituted for "publication of their names in the Official Gazette" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 26(b).]] and shall include any further period which may elapse between the expiration of such period of three years and the date of the first meeting of the succeeding Board at which a quorum is present:Provided that a member of the Board may, on the expiry of his term of office, be re-appointed.

(7)[ The names of Chairman, Vice-Chairman and Secretary appointed under sub-section (5) with the other members of the Board shall be declared by the State Government by notification, but the Board shall be deemed to be duly constituted from the date of notification under] [Sub-section (7) Substituted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 26(c).] [sub-section (3)] [Substituted for "sub-section (1)" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 14(c)(i),] :[Provided that the notification constituting the Board prior to the commencement of the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, shall be deemed to have been issued under subsection (3)] [Inserted by ibid, section 14(c)(ii).]

(8)A member of the Board including [the Chairman, the Vice-Chairman and the Secretary] [Substituted for "the Chairman and the Vice-Chairman" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act. 1977, section 14(2)(i).] may, by writing under his hand addressed to-

(a)the State Government, in case of [the Chairman, the Vice-Chairman and the Secretary] [Substituted for "the Chairman and the Vice-Chairman" by ibid, section 14(2)(ii).], and

(b)the Chairman, in case of the other members of the Board, resign his office and on such resignation being accepted, he shall be deemed to have vacated his office.

(9)If at any time a vacancy occurs in the office of a member of the Board by reason of the non-acceptance of office or by the removal, death orresignation, the vacancy shall be filled up by fresh appointment of a person who shall hold office for the unexpired period of the term of office of the member whose place he fills.