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State of Jammu-Kashmir - Section

Section 14 in The Jammu and Kashmir State Agricultural Produce Marketing (Regulation) Act, 1997

14. Constitution of the market committee.

(1)Save as provided in section 13, every market committee shall consist of the following members namely :-
(i)At least five but not more than seven members of the fruit Associations of the area where fruit market is located who in turn will be elected from amongst the members of the Association recognised by the Government out of which one of them should belong to Scheduled Caste or Scheduled Tribe in case their populations more than 8% the total population of the area where market is located;
(ii)One member shall be representative of the Fruit Growers Co-operative Marketing Society/Societies nominated by the Registrar of FGEM Society (Fruit Growers Cooperative marketing Societies nominated by the Registrar of FGEM Society (Fruit Growers Co-operative Marketing Society);
Provided that such representative shall be President or Secretary or Administrator of the Co-operative Marketing Society;
(iii)One member to be nominated by the Government;
(iv)One member of the JKHMPC, to be nominated by the Managing Director;
(v)One member of Agro Industries Development Corporation to be nominated by the Managing Director Agros;
(vi)One member from I.G. Transport, Jammu and Kashmir Government;
(vii)The Government may appoint the remaining amongst the progressive orchardist to be members of the market committee.
(2)A member elected under clauses (i), (ii) (iv) and (v) of subsection (t) shall cases to hold office as members if he ceases to be member of the electorate by which he was elected, or he ceases to be member of Agriculture Department as the case may be.
(3)The Government may make rules to provide for the election of the members of the market committee, the authority which shall conduct election, determination of constituencies, the preparation and maintenance of the list of voters, disqualifications for being chosen as, and for being member, the right to vote, the payment of deposit and its forfeiture, election offences, the determination, of election disputes and all matters ancillary thereto.
(4)On the failure of the electorate mentioned in clauses (i) and (ii) of sub-section (1) to elect member or members referred to in the said clause after the election proceedings have been started in accordance with the provision of this Act or the rules made thereunder, the Government shall nominate on behalf of the electorate concerned a person or persons qualified to be member, as member or member of the market committee.
(5)Members of every market committee shall hold office for a period of five years from the date of the first general meeting of the market committee.
(6)If within the period mentioned in sub-section (5) the market committee is not newly constituted the market committee shall on the expiry of such period be deemed to have been dissolved.
(7)A member of the market committee may resign from his office at any time by a letter in writing addressed to the Director and the office of such member shall become vacant on expiry of fifteen clear days from the date unless before the expiry of fifteen days he withdraws the resignation by another letter in writing addressed to the Director.
(8)In the even of the death, resignation or removal of member before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as soon as may be by the election or nomination, as the case may be of a person thereof as member, who shall take office forthwith and shall hold such office for, the unexpired term of his predecessor:Provided that no casual vacancy shall be filled which occurs within a period of four months preceding the date on which his term expires.
(9)The Chairman and other members of the market committee shall be paid from the market committee fund such honorarium, sitting fees, travelling allowance and other allowances as may be fixed by the Director from time to time.