Section 7 in The Rajasthan Agricultural Produce Markets Act, 1961
7. Constitution of Market Committees.
- [(1) (a) Every super class and A class market committee shall be constituted as prescribed and shall consist of the following seventeen members, namely : -(i)Eight shall be agriculturists elected in the prescribed manner by such agriculturists or institutions of the market area as the State Government may prescribe;(ii)Two shall be traders or brokers elected in the prescribed manner by traders and brokers licenced by the market committee;(iii)One shall be the person elected in the prescribed manner by weighmen, measures, surveyors, warehousemen and other persons licensed by the market committee;(iv)One shall be the member of Legislative Assembly, as nominated by the State Government;(v)One shall be the representative of Co-operative Marketing Societies in the market area for which it is established as the State Government may prescribe;(vi)One shall be the representatives of Central Co-operative Financing Agency in the market area for which it is established as the State Government may prescribe;(vii)One shall be the person elected from amongst its own members by the Municipal Board or Municipal Council or Municipal Corporation or Gram Panchayat in which the principal market yard is situated;(viii)Two shall be the persons nominated by the State Government.(b)Every B, C & D class market committee shall be constituted as prescribed and shall consist of the following eleven members, namely: -(i)Six shall be agriculturists elected in the prescribed manner by such agriculturists or institutions of the market area as the State Government may prescribe;(ii)One shall be a trader or a broker elected in the prescribed manner by traders and brokers licenced by the market committee;(iii)One shall be the representative of Co-operative Marketing Societies in the market area for which it is established as the State Government may prescribe;(iv)One shall be the person elected from amongst its own members by the Municipal Board or Municipal Council or Municipal Corporation or Gram Panchayat in which the principal Market yard is situated;(v)One shall be the person nominated by the State Government;(vi)One shall be the member of Legislative Assembly as nominated by the State Government:Provided that a person to whom a licence has been granted under sub-section (2) of Section 4 or under Section 14 shall not be eligible to become a member of the market committee under sub-clause (i) or sub-clause (v) or sub-clause (vi) or sub-clause (vii) of clause (a) and sub-clause (i) or sub-clause (iii) or sub-clause (iv) of clause (b) :Provided further that the State Government may, at any time, reduce the number of nominated members for any market committee and in their place may increase the number of members to be elected under sub-clause (i) and sub-clause (ii) of clause (a) or, as the case may be, under sub-clause (i) and sub-clause (ii) of clause (b) as it thinks fit.] [Substituted by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181.](2)Notwithstanding anything contained in sub-section (1) -(a)[ on the failure of any organisation, persons or authority to elect a member under sub-section (1), the State Government shall nominate a person on behalf of such organisation, persons or authority who is qualified to be elected as a member of the market committee from such organisation, persons or authority. If the failure on the part of any organisation, persons or authority to elect the required number of members is on account of the rejection of all nomination papers at the time of scrutiny, then fresh election shall be held by such organisation, persons or authority but in case of further occurrence of such contingency, the State Government shall nominate the person in the aforesaid manner; and] [Substituted by Section 3(a) of Rajasthan Act No. 15-A of 1973 - Published in Rajasthan Gazette, Extraordinary Part IV-A, dated 14.7.1973.](b)when a market committee is constituted for the first time, all the members of the market committee shall be persons nominated by the State Government.(3)Every member of a market committee, nominated when it is first constituted, shall hold office for a term of two years from the date of the first general meeting of the market committee and every such member elected or nominated thereafter shall hold office for a term of [five years] [Substituted for 'three years' by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181.]:[Provided that in case of a committee constituted under sub-section (2) (b), it shall be competent for the State Government at any time to terminate the term of office of all the members of such committee and appoint an Administrator under Section 27-A.] [Added w.e.f. 2-1-1978 by Section 2(i) of Rajasthan Act No. 7 of 1978.](4)[ The State Government may, by notification, extend from time to time the term of office of the members of a market committee for such period or periods not exceeding one year in the aggregate as it thinks fit:Provided that if the term of office of the outgoing members of a market committee has expired before the commencement of the Rajasthan Agricultural Produce Markets (Amendment) Act, 1973, it shall be deemed to extend to and expire with the day before the date of the first general meeting of the market committee constituted in its place or shall extend to a period of one year from the commencement of the said Act, whichever is earlier: ] [Substituted by Section 3(b) of Rajasthan Act No. 15-A of 1973 - Published in the Rajasthan Gazette, Extraordinary., Part IV-A, dated 14.7.1973.][Provided further that where the term of office of the members of a market committee has been extended under this sub-section, it shall be competent for the State Government at any time to terminate the term so extended.] [Added by Section 2(ii) of Rajasthan Act No.7 of 1978.](5)A member elected under sub-section (1) shall cease to hold office as such member, if he ceases to be a member of the electorate by which or one of the persons by whom he was elected.(6)If at any time a vacancy occurs through the non-acceptance of office by a person elected or nominated or through the death, disqualification or resignation of a member, or in the event of his ceasing to be a member under sub-section (5), before the expiry of his term of office, the vacancy shall be filled up by the election or nomination, as. the case may be, of a person thereto in the manner specified above.(7)Every person elected or nominated under sub-section (6) shall hold office for so long only as the member in whose place he is elected or nominated would have held it, if the vacancy had not occurred.(8)[ Every market committee shall elect one of its members to be its Chairman, and another member to be its Vice-Chairman :Provided that the Chairman shall be from amongst the members elected under sub-clause (i) of clause (a), or sub-clause (i) of clause (b), of sub-section (1) of Section 7, as the case may be.] [Substituted by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181.](9)[ No act of a market committee, or of any sub-committee thereof, or of any person acting as a member, Chairman, Vice-Chairman or Secretary shall be deemed to be invalid by reason only of some defect in the constitution or appointment of such market committee, sub-committee, member, Chairman, Vice-Chairman or Secretary, or on the ground that they, or any of them, were disqualified for such office, or that formal notice of the intention to hold the meeting of market committee or of the sub-committee was not duly given or by reason of such act having been done during the period of any vacancy in the office of the Chairman, Vice-Chairman, Secretary or member of such committee or sub-committee or for any other infirmity not affecting the merits of the case.] [Substituted by Section 3(c) of Rajasthan Act No. 15-A of 1973 - Published in the Rajasthan Gazette, Extraordinary., Part IV-A, dated 14.7.1973.](10)[ Every member of a market committee shall, before taking his seat, make and subscribe at a meeting of the market committee, an oath or affirmation in the following form: -"I ....................................... having become a member of the .................. (name of the market committee) swear in the name of God/solemnly affirm that I will faithfully and consciously discharge my duties as a member of the market committee without fear or favour".(11)(a)A motion of no-confidence may be moved by any member against the Chairman or the Vice-Chairman by giving notice in such form and to such authority as may be prescribed and such notice shall be supported by not less than one-third of the total number of members of the market committee, and such authority shall call within thirty days a meeting of the market committee to consider the motion and shall preside over such meeting.(b)If the motion against the Chairman or the Vice-Chairman is carried by a majority of not less than two-thirds of the members of the market committee present and voting and by not less than 50% of its total membership, the Chairman or Vice-Chairman shall cease to hold office as such and vacate the same on and from the date on which such resolution is carried out. A notice to this effect shall be affixed by such authority on the notice board of the office of the market committee.(c)If the motion is not carried as aforesaid or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing want of confidence in the same Chairman or Vice-Chairman shall be made until after the expiration of six months from the date of such meeting.(12)The meeting of the market committee and quorum thereof as well as the conducting of business therein shall be regulated in the prescribed manner.] [Inserted by Section 3 (d) of Rajasthan Act No. 15-A of 1973 - Published in the Rajasthan Gazette, Extraordinary., Part IV-A, dated 14.7.1973.](13)[ The process of election of a market committee, once started shall not be stopped or postponed for any reason, save for a natural calamity or break down of law and order.] [Inserted by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181.][7A. Reservation of seats. - (1) One seat of the members to be elected under sub-clause (i) of clause (a), and sub-clause (i) of clause (b), of sub-section (1) of section 7 shall be reserved each for Scheduled Castes, Scheduled Tribes, Backward Classes [***] [Inserted by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181.] respectively.(1A)[ Out of total number of seats under sub-section (1)50% shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes or, as the case may be, the Backward Classes.(1B)Out of the total seats of the Members to be elected under sub-clause (i) of clause (a) and sub-clause (i) of clause (b) of sub-section (1) of Section 7, 50% [including the number of seats reserved for women under sub-section (1A)] shall be reserved for women.] [Inserted by Rajasthan Act No. 15 of 2009, dated 10.9.2009.](2)Seats reserved under this section shall be allotted by rotation to different constituencies in the concerned market area.
