Section 6 in The Orissa Agricultural Produce Markets Act, 1956
6. Constitution of Market Committee.
- [(1) Every Market Committee shall be constituted in the manner prescribed and shall consist of seventeen members, of whom.-(i)four shall be persons elected by the licensed traders from among themselves ;(ii)eight shall be persons elected by Organisation of agriculturists in the market area recognised by the State Government for the purpose and where no such Organisation exists, they shall be nominated by the Collector of the district ;(iii)two shall be persons elected by the local authorities within whose limits the market area is situated, of whom-(a)one shall be elected by the Councillors of the Municipality; and(b)the other shall be elected by the members of the Grama Panchayat:Provided that where the market area comprises areas included within more than one Municipality or, as the case may be, Grama Panchayat such member shall be elected by the Councillors of the Municipalities or, as the case may be, members of the Grama Panchayats, concerned, in the prescribed manner :Provided further that where the market area is only within the limits of a Municipality or Municipalities of, as the case may be, of a Grama Panchayat or Grama Panchayats both such members shall be elected by the Councillors of the Municipality or Municipalities or, as the case may be, by the members of the Grama Panchayat or Grama Panchayats, concerned, in the prescribed manner :Provided also that a person to whom a license has been granted under Sub-section (6) of Section 4 shall not be eligible for being elected under this clause;(iv)the remaining members shall be persons nominated by the State Government of whom one shall be a person from amongst the members of the local Co-operative organisations; and the Collector of the district or such other Revenue Officer as the State Government may deem proper, to nominate.(2)Notwithstanding anything contained in Sub section (1)-(a)on the failure of the licensed traders, any Organisation or authority to elect a member under Sub-section (1) within a period of three months from the date of the occurrence of the vacancy, the State Government shall give notice in writing to the licensed traders, Organisation or authority concerned to elect a member within a month from the date of such notice and on the failure of the said traders, Organisation or authority again to elect a member within the said period, the State Government shall nominate a person on behalf of such traders, Organisation or authority as a member of the Market Committee; and(b)when a Market Committee is constituted for the first time, all the members of the Market Committee shall be person nominated by the State Government.](3)Every member of a Market Committee 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 member elected or nominated thereafter shall hold office for a term of three years :Provided that notwithstanding the expiry of his term of office every member of the Committee shall continue to hold office until the date of the general meeting of the Committee next following the date of such expiry.(4)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 one of the persons by whom he was elected, and in the case of a member elected under Clause (iii) of the said Sub-section, if he is granted a licence under [Sub-section (6)] [Substituted vide Act No. 27 of 1984, Section 4 (ii).] of Section 4.(5)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 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. Every such person shall hold office so long only as the member in whose place he is elected or nominated, would have held it if the vacancy had not occurred.(6)There shall be a Chairman and a Vice-Chairman for every Market Committee, who shall be nominated by the State Government.(7)No act done by a Market Committee shall be questioned on the ground merely of the existence of any vacancy in, or any defect in the constitution of the Committee.[Chapter-II-A] [Inserted vide Orissa Act No. 5 of 2006 O.G.E. No. 660 dated 17.5.2006 (w.e.f. 6.6.2006).] Establishment of Private Markets
