Section 41 in The Maharashtra Agricultural Produce Marketing (Regulation) Rules, 1967
41. [ Disqualifications of membership. [Added vide Government Notification No. APM-2071/11971-11-C, dated 5th August, 1971 published in Extraordinary Maharashtra Government Gazette, dated 10th August, 1971 at p. 792.]
(1)A person shall be disqualified for being chosen as, or for being, a member of a Market Committee -(a)If he has been convicted by a Court in India of any offence and sentenced to imprisonment for a term exceeding six months unless such disqualification has been removed by an order of the State Government;(b)if he has not attained the age of 21; or(c)if he is of unsound mind and stands so declared by a competent Court; or(d)if he is an undischarged insolvent; or(e)if he is a deaf-mute; or(f)if he has failed to pay any fees or charges due to the Market Committee; or(g)[ if he is a servant of the Market Committee or of Government or of a Local authority or holds a licence from such Committee other than that of Trader, Commission agent hamal or weighmen or;](h)if he has directly or indirectly or by his partner any share or interest in any contract or employment with or on behalf of or under the Market Committee; or(i)if he has committed breach of the Act of the rules or bye-laws made thereunder more than once; or(j)[ if he has failed to make payment to any seller or his commission agent [as required by the Act and these rules;] [Added vide G. N., No. APM. 2071/11971-11-C, dated 5.8.1971, published in Extraordinary M.G.G., Part IV-B, dated 10.8.1971, p. 792.](k)[ if he is disqualified by the Act or these rules.] [Clause (k) was substituted by G. N of 7.6.1990.](2)A person shall not be chosen as a member -(i)representing the traders' constituency, if he does not ordinarily reside in the market area or if the licence to him is cancelled, or suspended or not renewed;(ii)representing agriculturists' constituency, if his main income is not from agriculture or possesses a trader's, commission agent's or broker's licence, or has interest in a joint family or a firm which has a trader's or commission agent's or broker's licence.Explanation. - For the purpose of this sub-rule, a person shall be deemed to be ordinarily residing in the market area, if he resides in such area or not less than 180 days in a calendar year.(3)[ When any question arises as to whether a person has become subject to any of the disqualifications mentioned in sub-rule (1), the question shall be decided by the Director within thirty days of its reference. On the decision of the Director or the decision in Appeal, as the case may be, a person who is disqualified, shall cease to hold office from the date of the decision by the Director, or by the Appellate Authority, as the case may be. The Collector shall, on receipt of such decision, hold the bye-election provided the remaining period of the term of the committee is not less than one year from the date of decision.] [Sub-rule (3) was substituted by G. N. of 7.6.1990.](4)No decision on any such question, shall he given, unless the member has been given a reasonable opportunity of being heard.(5)Any person aggrieved by the decision of the Director may within thirty days from the date on which the decision is communicated to the member, appeal to the State Government.]Administrative Machinery for the Conduct of Election
