Section 13 in Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964
13. Constitution of Committee.
- [(1) A committee, other than the first Committee constituted under section 14, the shall consist of the following members possessing such qualifications as may be prescribed-(i)one representative of each of the local bodies, other than the [Zilla Panchayat, Kshettra Panchayat and Gram Panchayat], exercising jurisdiction over the Principal Market Yard or sub-Market Yard, or part of either;(ii)one representative of the Co-operative Marketing Societies holding licence for transacting business in the Market Area ;(iii)one nominee of the Food Corporation of India if his holding a licence for transacting business in the Market Area ;(iv)one nominee of the Central Warehousing Corporation if it runs a warehouse in the Market Area ;(v)one nominee of the State Warehousing Corporation if it rum a warehouse in the Market Area;(vi)one representative of commission agents carrying on business in the Market Area and holding licence therefor under this Act;(vii)following number of representatives of trader carrying business in the Market Area and holding licence therefor under this Act ;(a)one if the Market Area covers not more than 20 Nyaya Panchayats;(b)two, if the Market Area cover a more than 20 Nyaya Panchayats ;(viii)following number of producers of the Market Area : -(a)if the Market Area covers not more than 20 Gram Panchayats, five, out of which-(one)One from Scheduled Castes or Scheduled Tribes;(two)One from Other Backward Classes of the Citizens; and(Three)One woman who does not belong to the Scheduled Caste, Scheduled Tribes and Other Backward Classes of Citizens.(b)if the Market Area covers more than 20 but not more than 30 Gram Panchayats, seven, out of which-(one)One from Scheduled Castes or Scheduled Tribes;(two)One from Other Backward Classes of the Citizens;(Three)One woman who does not belong to the Scheduled Caste, Scheduled Tribes and Other Backward Classes of Citizens; and(four)One woman who belongs to Scheduled Caste or Scheduled Tribe.(c)if the Market Area covers more than 30 but not more than 40 Gram Panchayats, nine, out of which-(one)One Scheduled Castes or Scheduled Tribes;(two)One from Other Backward Classes of the Citizens;(Three)Two woman who does not belong to the Scheduled Caste, Scheduled Tribes and Other Backward Classes of Citizens; and(four)One woman who belongs to Scheduled Caste or Scheduled Tribe.(d)if the Market Area covers more than 40 Gram Panchayats, eleven, out of which-(one)Two Scheduled Castes or Scheduled Tribes;(two)One from Other Backward Classes of the Citizens;(three)Two woman who does not belong to the Scheduled Caste, Scheduled Tribes and Other Backward Classes of Citizens;(four)One woman who belongs to Scheduled Caste or Scheduled Tribe; and(five)One woman from Backward Classes of the Citizens.] [Substituted by section 3 of U.P. Act No. 06 of 2004.] to be elected by-(w)Pradhans of the [Gram Panchayat] [Substituted by section 3 of Uttarakhand Act No. 06 of 2004.] giving jurisdiction over any part of the Market Area;(x)such members of the House of the People and of the State Legislative Assembly as are elected from a constituency comprising the market area or part thereof ;(y)the members of the [Zila Panchayat] [Substituted by section 3 of Uttarakhand Act No. 06 of 2004.] exercising jurisdiction over the market area or part thereof;(z)such members of the Rajya Sabha [***] [Omitted by section 4 Act No. 06 of 2004.] and Adhyakshas of [Zila Panchayat] [Substituted by section 3 of Uttarakhand Act No. 06 of 2004.] and such Pramukhs of the Kshettra Panchayat as are residents of a place Within the market Area;Explanation. - The place of residence shall be deemed to be the same as mentioned in the notification of their election as such member, Adhyaksha or Pramukh, as the case may be :Provided that in cases referred to in clause (x) or clause (y) where the constituency comprises, or as the case may be, the [Zila Panchayat] [Substituted by section 3 of Uttarakhand Act No. 06 of 2004.] exercise jurisdiction over more than one market areas, the right of vote shall be exercised in relation to such market area as is indicated by such member within such time and in such manner as may be prescribed ;[Provided further that reservation for Scheduled Castes and Scheduled Tribes seats under this clause shall not be applicable after the expiration of the specified in Article 334 of `the Constitution of India';] [Substituted by section 3 of Uttarakhand Act No. 06 of 2004.](ix)two Government officials nominated by the State Government of whom one shall be a representative of the Agriculture Marketing Department and the other of the Food and Civil Supplies Department.(2)(i)The qualifications of persons eligible for election under clauses (i), (ii),(vi), (vii) and (viii) of sub-section (1) and the manner of their election and the delimitation of the constituencies therefor, shall be such as may be prescribed;(ii)The Director of Elections shall have general superintendence and control over the elections under this Act.(3)The nomination of the members under clauses (iii), (iv) , (v) and (ix) of sub-section (1) shall be made in such manner and within such period as may be prescribed,(4)The name of every member elected or nominated under sub-section (1) shall be registered with the Director within twenty- one days of the election or nomination, as the clause may be.(5)A member elected under clauses (i), (ii), (vi), (vii) or (viii) of sub-section (1) shall cease to be member on his ceasing to be eligible for election as such :Provided that a member elected under clause (iii) or clause (vi) or clause (vii) of sub-section (1) shall not cease to be a member for the reason merely of his ceasing to hold a licence, if he has moved an application for renewal of the licence within the time prescribed therefor and the same has not been rejected.(6)The Director shall, as soon as may be, publish by notification in the Gazette, the names and addresses of the persons elected, or nominated and also notify the date on which the Committee has been duly Constituted which shall not be earlier than the date on which the names of at least three-fourths of its members have been so published.(7)The Committee constituted under sub-section (6) shall elect its Chairman and Vice-Chairman from amongst its [elected members] [Substituted by section 2 of Uttarakhand Act No. 06 of 2004.] in the manner prescribed.(8)The term of office of the members of the Committee shall commence from the respective dates of publication of their names under sub-section (6) and shall, save as otherwise provided, expire on the expiration of a period of five years from the date of the constitution of the Committee notified under sub-section (6) :Provided that the State Government, where it considers necessary or expedient so to do, in public interest flay, by notification, extend the term of the Committee for a total period of two years but at a time the period of extension shall not exceed one year.(9)The term of office of the Chairman or the Vice-Chairman shall commence from the date of his having taken oath administered by the Collector or his nominee and shall, save as otherwise provided for in this Act, expire with the term of their membership of the Committee.(10)No proceeding, or act done by or on behalf of the Committee shall be questioned on the ground of want of any qualifications, or defect in the election or nomination of any person as Chairman, Vice-Chairman or Member of the Committee, or on the ground of any vacancy, or any other defect in the constitution of the Committee.(11)[ Notwithstanding anything contained in sub-section (1) or sub-section (2), where a member is not duly elected within the prescribed period, the State Government may appoint any suitable person falling in that class as member of the committee.] [Substituted by section 5 of U.P. Act No. 6 of 1977.](12)[ Notwithstanding anything contained in the above provisions of this section, the State Government may appoint, by notification the Collector of concerning district by name or by office "as Administrator" with prospective or retrospective effect, as it may think fit, for a period of six months for one time and not exceeding total two years or until the constitution of an elected Mandi Samiti, whichever is earlier, in relation to the existing market area on the date of such completing of the tenure of that Mandi Samiti subject to the following provisions; namely :-(a)except as provided in clause (b), all powers, functions and duties of a Market Committee shall be exercised, performed and discharged by the Administrator to be nominated by the State Government;(b)the Administrator shall not transfer or acquire any immovable property without prior permission of the State Government;(c)the State Government may from time to time by notification make such incidental and consequential provisions, prescribing the manner in which the Administrator shall exercise its powers under this sub-section;(d)every notification issued under this sub-section shall, as soon as may be after it is issued, be laid before the State Legislative Assembly.]
