Section 5 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

 

Section 5 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972

5. Marketing Committee.

- [(1) There shall be a market committee for every market area.] [Substituted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 5(a).]

(2)Every market committee shall be a body corporate by such name as the State Government may specify, shall have [, subject to the provision of sub-section (4) of section 3,] [Inserted by ibid, section 5(b).] perpetual succession and a common seal, may sue and be sued in its own name, shall 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 functions of this Act :Provided that save as the State Government may, by general or special order, direct, no market committee shall permanently transfer any immovable property except in pursuance of a resolution passed at a meeting of the market committee by not less than three-fourths of its members and with the previous sanction of the State Government.

(3)[The State Government shall, by notification, constitute a market committee consisting of] [Substituted for "A market committee shall consist of" by ibid, section 5(c)(i).] the following members-

(a)two officers of the State Government of whom at least one shall be an officer of the [Directorate of Agricultural Marketing,] [Substituted for "Directorate of Agriculture" by ibid, section 5(c)(ii).] West Bengal, having jurisdiction over the area for which the market committee is constituted [or any part of such area] [Inserted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1975, section 3(1).];

(b)one person to represent the members of any co-operative marketing society carrying on business in the market area, or if there is no such co-operative marketing society, any other co-operative society carrying on business in such area;

(c)one person representing the bank financing the market committee :

Provided that in case where financing by bank is not done the State Government may nominate a representative of any other bank functioning in or near the market area:

(d)one person representing [the local authority having jurisdiction over the market area or any part thereof ] [Substituted for "the local authority having jurisdiction over the market area" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 5(c)(iii).];

(dd)[ two persons representing the small growers;] [Clauses (d) and (dd) inserted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1975, section 3(2).]

Explanation.- In this clause, "small grower" means a grower owning, or having in his possession, less than two hectares of agricultural land;

(ddd)[ the member of the West Bengal Legislative Assembly elected thereto from the constituency comprising the principal market yard or the major part of it: [Substituted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, section 5(c)(iv).]

Provided that where a market committee was constituted prior to the commencement of the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1981, with more than one member of the West Bengal Legislative Assembly as members of the market committee, the State Government may declare the names of the Chairman, the Vice-Chairman and other members of the market committee by a fresh notification under section 6 with only one member of the West Bengal Legislative Assembly as a member of the market committee under this clause and upon such declaration the other members of the West Bengal Legislative Assembly who were members of the market committee prior to such declaration shall be deemed to have vacated their offices as members of the market committee;]

(e)five persons representing [the agriculturists of the market area;] [Substituted for "the agriculturists of the locality carrying on business in agricultural produce in the market area;" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 5(a)(1).] and

(f)two persons representing the licensed traders doing business in agricultural produce in the market area :

[Provided that a market committee constituted under [this sub-section] [Added by ibid, Section 5(a)(ii).] may consist of the members mentioned in clauses (a), (b), (d) and (e). The other members of such market committee may, subject to the provisions of sub-section (5), be appointed subsequently.]

(3A)[ Notwithstanding anything contained in any judgement, decree or order of any court, a market committee constituted with the members mentioned in clauses (a), (b), (d ) and (e) of sub-section (3) shall be deemed to have been duly constituted under [that sub-section] [Inserted by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 5(b).], and any action taken, any order made, any notice issued, any fee imposed or realised, any direction given, any decision taken, any punishment awarded or any authority or power or jurisdiction exercised by such market committee under this Act shall be deemed to have been validly taken, made, issued, imposed or realised, given, taken, awarded or exercised under this Act, and shall not be called in question in any court]

(4)The State Government may, at any time, by order issued in this behalf, increase the representation of members mentioned in clauses (e) and (f) of sub-section (3) to seven and three respectively.

(5)The members of every market committee [constituted under sub-section (3)] [Inserted by ibid, section 5(e)(i).] shall be appointed by the State Government [** *] [The words "in consultation with the Director" omitted by ibid, section 5(e)(ii).].

(6)The State Government shall appoint one from among the members of the market committee to be the Chairman who shall be the executive head of the market committee and another to be the Vice-Chairman of the market committee.

(7)The term of office of the members of the market committee, save as otherwise provided in this Act, shall be three years from the [date of notification under [sub-section (3)] [Substituted for "date of publication of their names in the Official Gazette" by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 5(c)(i).]] and shall include any further period which may elapse between the expiration of the said period of three years and the date of the first meeting of the succeeding market committee at which a quorum is present :Provided that a member of a market committee may, on expiry of his term of office, be re-appointed :[Provided further that the term of office of a member of a market committee appointed at any time subsequent to the constitution of such market committee under the proviso to sub-section (3) shall expire simultaneously with the expiry of the term of office of the other members constituting such market committee.] [Second proviso added by the West Bengal Agricultural Produce Marketing (Regulation) (Amendment) Act, 1978, section 5(c)(ii).]