Section 3 in The Punjab Agricultural Produce Markets Act, 1961
3. State Agricultural Marketing Board, constitution, powers and duties.
- [The State Government may, for exercising powers conferred on and performing the functions and duties assigned to the Board by or under this Act, establish and constitute a State Agricultural Marketing Board, consisting of a [Chairman and a Chief Administrator who shall be an officer of the rank of the Head of the Department] [Substituted for the word 'fifteen other members of whom four shall be officials and five non-official' by Haryana Act No. 32 of 1973.] to be nominated by the State Government and eleven other members of whom four shall be officials and seven non-officials], to be nominated by the State Government in the following manner -(a)[ official members shall include the Director are three officials, one representing the Agricultural Department, the second representing the Co-operative Department and the third representing the Animal Husbandry Department;] [Substituted for the clause (a) of sub-section (1) of Section 3 by Punjab Act 40 of 1963.](b)of the non-official members -(i)[ one shall be producer member of Committee] [Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation), Order, 1969.];(ii)one shall be member of the other registered organisation of the farmers;(iii)one shall be progressive producer of the State of Haryana;(iv)one shall be from among such persons licensed under Section 10 as are members of the committee;[ x x x] [Omitted by Haryana Act No. 32 of 1973.](v)one representing Co-operative Societies;(vi)[ one shall be amongst the persons licensed under Section 10 and [Inserted by Haryana Act No. 32 of 1973.](vii)one representing Panchayat Samities.](2)[ The Director shall by the ex officio Secretary of the Board.] [Substituted for sub-section (2) by the Punjab Act No. 40 of 1963.](3)[ The Board shall be a body corporate as well as a local authority by the name of the State Agricultural Marketing Board having perpetual succession and a common seal, and shall by the said name sue and be sued and shall, subject to the provisions of this Act, be competent to acquire and hold property both movable or immovable to lease, sell or otherwise transfer any movable or immovable property which may, become vested in or been acquired by it, and to contract and to do all other things necessary for the purpose of the Act.] [Substituted by Haryana Act No. 4 of 1972.](4)[ The non-official members of the Board shall hold office during the pleasure of the State Government; provided that their term of office shall not exceed three years.] [Substituted by Haryana Act No. 24 of 1988.](5)No person shall be eligible to become a member of the Board who -(a)does not ordinarily reside within the [State of Haryana;] [Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation), Order, 1969.](b)is below twenty-five yeas of age;(c)[ - ] [Clause (c) 'has been removed under Section (7) of Section 15' omitted vide the Haryanan Act 2 of 1989.](d)[ is of unsound mind or] [Omitted by Haryana Act No. 2 of 1989.](e)has been declared as insolvent or sentenced by a criminal court, whether within or outside the [State of Haryana;] [Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation), Order, 1969.] for an offence involving moral turpitude :[Provided that the disqualification incurred under] [Substituted by Haryana Act No. 30 of 1971.] -(i)[ - ] [Omitted by Haryana Act No. 2 of 1989.](ii)clause (e), on the ground of a sentence by a criminal court, shall not apply after the expiry of four years from the date on which the sentence has expired.](6)A member of the Board may resign from membership by tendering his resignation to the State Government through the Chairman of the Board and the seat of such member shall become vacant on the date of acceptance of his resignation;[Provided that the[Chairman and the Chief Administrator] [Added by Punjab Act No. 40 of 1963.] of the Board may resign by tendering his resignation to the State Government].(7)[ - ] [Omitted by Haryana Act No. 2 of 1989.](7A)Whenever any member of the Board dies, resigns, ceases to reside within the State of Haryana or otherwise becomes incapable of [or any vacancy occurs otherwise] [Inserted for the word 'acting as a member of the Board' by Haryana Act No. 2 of 1989.], the State Government may appoint another member in his place in the manner as provided in sub-section (1) to whichever category the vacating member belongs:[Provided that the term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period allowed under sub-section (4).] [Inserted by Haryana Act No. 23 of 1986.](8)The State Government shall exercise superintendence and control over the Board and its officers and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty of corruption or mismanagement, it may suspend the Board and, till such time as a new Board is constituted make such arrangements for the exercise of the functions of the Board as it may think fit;Provided that the Board shall be constituted within six months from the date of its suspension.(9)The Board shall exercise superintendence and control over the Committees.(10)[ The State Government the Deputy Commissioner, Sub Divisional Officer (Civil), the Chairman[the Chief Administrator] [Substituted by Haryana Act No. 23 of 1973.] or, Secretary of the Board or any other officer of the Board authorised in this behalf by the Board may call for any information or return relating to agricultural produce from a Committee or a go down-keeper or other functionaries and shall have the power to inspect the records and accounts of a Committee and stock and accounts of any godown keeper or other functionaries for that purpose.](11)[ x x x x x x x] [Omitted by Haryana Act 23 of 1972.](12)[ x x x x x x x] [Omitted by Haryana Act 23 of 1972.](13)Subject to rules made under this Act, an estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared and passed by the Board and submitted every year for the sanction of the State Government not later than the prescribed date. The State Government shall sanction and return the Budget within two months from the date of the receipt thereof. If it is not received within two months it shall be presumed to have been sanctioned.(14)Subject to rules made under this act, the Board may, with the approval of State Government, frame by-laws for -(a)regulating the transaction of business at its meeting.(b)the assignment of duties and powers of the Board to its Chairman Secretary or persons employed by it; and(c)such other mattes as may be prescribed.(15)[Four] [Substituted for the word 'Seven' by the Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation), Order 1969.] members shall constitute a quorum at a meeting of the Board.Provided that if a meting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business.(16)All question before a meeting of the Board shall be determined by a majority of votes of the members present and voting and in case of quality of votes, the Chairman may exercise a casting vote(17)(i)The State Government may delegate to the Board or its[Chairman [Chief Administrator] [Added by Haryana Act No. 4 of 1972 Section 3.] or Secretary any of the powers conferred on it by or under this Act; and(ii)The Board may, under intimation to Government delegate any of its powers to its Chairman, Chief Administrator, Secretary or any of its officers.(18)The headquarters of the Board shall be located at a place to be determined by the State Government.(19)No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the construction thereof.[3A. Execution of contracts by Board. - [(1) Every contract entered into by the Board shall be in writing and shall be signed on behalf of the Board by the Chief Administrator or any Group A Officer of Board duly authorised by him in this behalf and shall be sealed with the common seal of the Board.] [Added by Haryana Act No. 4 of 1972 Section 3.](2)No contract other than a contract executed as provide in sub- section (1) shall be binding on the Board.
