Section 12 in The Punjab Agricultural Produce Markets Act, 1961
12. [ Constitution of Committees.] [Substituted vide Punjab Act No. 5 of 1996.]
(1)A Committee shall consist of [twelve] [Substituted for 'nine' by Punjab Act No. 14 of 2006.] or sixteen members as the state government may in each case determine, out of whom one shall be appointed by the state government from amongst its officials :Provided that where in a notified market area, there is in existence a Co- operative Society, the Committee shall consist of [thirteen] [Substituted for 'ten' by Punjab Act No. 14 of 2006.] or seventeen members, as the case may be.(2)The remaining members shall be nominated by the state government by notification in the Official Gazette as follows :-(a)if the Committee is to consist of [twelve] [Substituted for 'nine' by Punjab Act No. 14 of 2006.] members, there shall be nominated, -(i)[ "Six members from amongst such producers, who are members of Gram Panchayats or Panchayat Samitis situated in the notified market area : [Substituted by Punjab Act No. 14 of 2006.]Provided that out of the six members, one may or may not be a member of the Gram Panchayat or Panchayat Samiti situated in the notified area :Provided further that out of the six members, one shall be an expert in the field of production or marketing or processing of agricultural produce :Provided further that in case no such expert is available, then the nomination shall be made in the manner hereinbefore mentioned](ii)[three] [Substituted for 'two' by Punjab Act No. 14 of 2006.] members from amongst the persons licensed under Section 10 ; and(iii)[two] [Substituted for 'one' by Punjab Act No. 14 of 2006.] member from amongst the persons licensed under Section 13 :Provided that the members nominated under this clause shall include one member belonging to Scheduled Castes or Backward Classes and one woman member, who are members of Gram Panchayats or Panchayat Samitis of the concerned notified market area and who are otherwise qualified to be nominated as members of the Committee ;(b)if the Committee is to consist of [thirteen] [Substituted for 'ten' by Punjab Act No. 14 of 2006.] members, there shall be nominated, in addition to the members specified in sub-clauses (i), (ii) and (iii), of clause (a), one member representing the Co-operative Societies ;(c)if the Committee is to consist of sixteen members, there shall be nominated,-(i)nine members from amongst such producers, who are members of Gram Panchayats or Panchayat Samitis situated in the notified market area :Provided that out of the nine members, one shall be an expert in the field of production or marketing or processing of agricultural produce :Provided further that in case no such expert is available, then the nomination shall be made in the manner herein before mentioned ;(ii)four members from amongst the persons licensed under Section 10 ; and(iii)two members from amongst the persons licensed under Section 13 :Provided that the members nominated under this clause shall include two members belonging to Scheduled Castes or Backward Classes and one woman member, who are members of Gram Panchayats or Panchayat Samitis of the concerned notified market area and who are otherwise qualified to be nominated as members of the Committee ;(d)if the Committee is to consist of seventeen members, there shall be nominated, in addition to the members specified in sub-clauses (i), (ii) and (iii) of clause (c), one member representing the Co-operative Societies :Provided that where in the case of sub-clause (iii) of clause (a) or sub- clause (iii) of clause (c), there are no persons licensed under Section 13, or the number of such persons is less than those required to be nominated, the deficiency shall be made up by nominating members from amongst the persons licensed under Section 10.(3)No act, done or proceeding taken, under this Act, by the Committee, shall be invalid merely on the ground of, -(a)any vacancy or defect in the constitution of the Committee ; or(b)any defect or irregularity in the nomination of a person acting as member thereof; or(c)any defect or irregularity in such act or proceeding not affecting the merits of the case.(4)Subject to the rules made under this Act, the disqualifications specified in sub-section (5) of Section 3, shall also apply for purposes of becoming a member of the Committee.(5)The state government shall constitute Committee in accordance with the provisions of this section :Provided that the state government may, until such Committees are constituted and their Chairman and Vice-Chairman are appointed in accordance with the provisions of this Act, allow the persons already appointed under Section 36 of this Act to hold office and exercise the powers and perform the functions of such Committees.]
