Section 5 in Telangana (Agricultural Produce and Livestock) Markets Act, 1966
5. [ Composition of market committee. [Section 5 substituted by Act No.24 of 1991. Sub-sections (1) and (2) substituted by Act No.26 of 1995.]
(1)Every market committee shall consist of [fourteen] members and shall be constituted by the Government by notification in the following manner:-(i)[eight] [Substituted by Act No.5 of 2015.] members to be [nominated] [Substituted by Act No.5 of 2015.] by the Government in consultation with the Director of Marketing from among the following categories of growers of agricultural produce, owners of livestock and products of livestock in the notified area, namely:-(a)growers of agricultural produce who are small farmers;(b)growers of agricultural produce other than small farmers;(c)owners of livestock and products of livestock:Provided that there shall atleast be [five] [Substituted by Act No.25 of 2005.] members from among persons belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, minorities and women:Provided further that there shall be atleast [three] [Substituted by Act No.5 of 2015.] members representing the category of small farmers;(ii)[two] [Substituted by Act No.5 of 2015.] members to be [nominated] [Substituted by Act No.5 of 2015.] by the Government in consultation with the Director of Marketing from among the licensed traders in the notified area [xxx] [Omitted by Act No.25 of 2005.];(iii)one member to be [nominated] [Substituted by Act No.5 of 2015.] by the Government from among the Presidents or Persons-in-charge, if any, for the time being performing the functions of Primary Agricultural Co-operative Societies or the Cooperative Marketing Societies having areas of operation within the notified area;(iv)the Assistant Director of Marketing having jurisdiction over the notified area or any other officer nominated in this behalf by the Director of Marketing;(v)the Assistant Director of Agriculture or Assistant Director of Horticulture or Assistant Director of Animal Husbandry or Assistant Director of Fisheries having jurisdiction over the notified area or any other officer nominated in this behalf by the concerned Head of the Department;(vi)Chairperson of the Municipality or the Sarpanch of the Gram Panchayat, as the case may be, in whose jurisdiction the office of the market committee is located:Provided that in the case of a Municipal Corporation constituted under any law relating to Municipal Corporation for the time being in force in the State, one person as may be nominated by the Corporation shall represent the Corporation in the Agricultural Market Committee concerned where a notified area comprises the Corporation also.Explanation I - For the purpose of this sub-section, a 'small farmer' means a farmer holding an extent not more than 4.04686 hectares (ten acres) of dry land or 2.02343 hectares (five acres) of wet land.Explanation II - In computing the extent of land held by the farmers for the purpose of this sub-section 0.404686 hectares (one acre) of wet land shall be deemed to be equal to 0.809372 hectares (two acres) of dry land.(2)Every Market Committee shall have a Chairman [nominated] [Substituted by Act No.5 of 2015.] from among its members specified in clause (i) of sub-section (1) and a Vice-Chairman to be [nominated] [Substituted by Act No.5 of 2015.] from among its members specified in clause (i) or clause (ii) of sub-section (1), by the Government in consultation with the Director of Marketing;][Provided that such number of Chairmen may be nominated to the market committees from among the members belonging to Scheduled Castes/ Scheduled Tribes/ Backward Classes/Women in the manner prescribed to the possible extent.] [Proviso inserted by Act No.3 of 2016.](3)[ Save as otherwise provided in this Act, the term of office of the members nominated under sub-section (1) shall be one year from the date of nomination:Provided that a member nominated under clause (ii) of sub-section (1) shall cease to hold office, if he/she ceases to be a trader.] [Substituted by Act No.5 of 2015.]Provided further that a non-official member of the market committee shall cease to hold his office if he absents himself for three consecutive meetings of the committee, including meetings, which for want of quorum could not be held.Explanation. - For the purposes of the second proviso, no meeting of the market committee from which a member absents himself shall be counted against him if due notice of that meeting was not given to him.(4)Where a person ceases to be a member under this second proviso to sub-section (3), the Chairman shall at once intimate the fact in writing to such person and report the same to the market committee at its next meeting. If such person applies for restoration to the market committee on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation the market committee may at the next meeting after the receipt of such application restore him to his office:Provided that a member shall not be so restored more than twice during his term of office.(5)The Government may, by notification, remove the Chairman or Vice-Chairman who in their opinion willfully omits or refuses to carry out or disobeys the provisions of this Act or any rules or bye-laws or lawful orders issued thereunder or abuses his position or the powers vested in him, after giving him an opportunity for explanation, and the said notification shall contain a statement of the reasons of the Government for the action taken.(6)Any person removed under sub-section (5) from the office of Chairman or Vice-Chairman shall be ineligible for [nomination] [Substituted by Act No.5 of 2015.] to either of the said offices, until the date of next reconstitution of the market committee under subsection (1) of section 6.(7)Any other member of a market committee may, at any time, be removed from office by the Government for such reasons and after such inquiry, as may be prescribed.(8)When any vacancy occurs in the office of a member it shall be filled in the manner laid down in sub-section (1):Provided that no such vacancy shall be filled within three months before the expiration of the term of office of the member.(9)The member [nominated] [Substituted by Act No.5 of 2015.] to fill a vacancy under sub-section (8) shall hold office for the remainder of the term of his predecessor.(10)When any vacancy occurs in the office of a Chairman or Vice-Chairman, it shall be filled in the manner laid down in sub-section (2) and the person [nominated] [Substituted by Act No.5 of 2015.] to fill in such vacancy shall hold office only for the remainder of the term of his predecessor.(11)[ Notwithstanding anything contained in any provisions of this Act, members of the Committee including the Chairman and Vice-chairman shall hold the office during the pleasure of the Government.] [Sub-section (11) inserted by Act No.5 of 2015.]
