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State of Andhra Pradesh - Section

Section 25 in Andhra Pradesh (Agricultural Produce and Livestock) Markets Rules, 1969

25. Resignation or removal of a member of a Market Committee.

- (l) Any member other than the Chairman or Vice-Chairman may resign his office by giving notice to the Chairman and such resignation shall take effect on the date on which it is received by the Chairman, Such resignation of the member accepted by the Chairman shall be brought to the notice of the Director of Marketing immediately and the Market Committee in its next meeting.
(2)Any member of a Market Committee may be removed by the Government -
(a)if he acts in a manner which in the opinion of the Government is prejudicial to the working of the market committee, or
(b)if he is convicted by a Court of Law for any one or more offences under the Act or any other Act or the rules or bye-laws made thereunder unless a period of three years has elapsed from the dale of expiry of such conviction, or
(c)if he becomes of unsound mind and stands so declared by a competent court, or
(d)if he is employed as a paid legal practitioner on behalf of the market committee or as legal practitioner against the market committee or as an officer or servant under the Act.
Explanation. - For the purpose of this sub-rule a member of a market committee shall be considered by the Government to have acted in a manner, prejudicial to the working of the market committee, if on the receipt of a report from the Chairman through the Director supported by such evidence, if any, as may be produced, the Government are satisfied that -
(i)he openly or secretly organised some or all traders against their assemblage at the competitive auctions of the notified agricultural produce, livestock or products of livestock with a view to depress the market prices thereby forcing the sellers to part with their commodities at lower prices; or.
(ii)he himself persuaded or organised others to persuade the sellers to sell their notified agricultural produce, livestock or products of livestock in his premises or premises belonging to others without the channel of the market with a view to earning, without the notice or knowledge of the market committee, for himself and others in whose premises the sales are to take place unauthorised allowances from such sales, or
(iii)he himself or in collusion with others wilfully disobeys or refuses to carry out, the provisions of the Act and of the rules or the bye-laws made thereunder which regulate the payment of licence fees,market fees or any other fees or refuses to pay any arrears of amount due to the market committee or sale proceeds of the notified commodities due to a seller or commission agent with a view to deprive the market committee of its financial resources or with a view to force the sellers or commission agents to bargain with the sellers to the latter's advantage.
(iv)he himself or in connivance with others organises strikes or helps the organisation of strikes by weighmen, hamals, motor lorry drivers, cartmen, or other functionaries of the market for gaining higher emoluments or any other concessions from the market committee, buyers, sellers or commission agents.
(3)
(i)The Government shall, before taking action under sub-rule (2) issue a notice calling upon the member of the market committee concerned to show cause within such time as may be specified therein, not being less than seven days from the service thereof, why he should not be removed as a member of the market committee and consider his reply thereto, if any, received from the member before the expiry of the time specified in the notice.,
(ii)The Government shall also send a copy of the notice referred to in clause (i) to the market committee concerned for information.
CHAPTER - IV Powers and Functions of the Market Committee Etc., and the Conduct of Business At Its Meetings Etc.