Section 5 in Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966
5. Composition of Market Committee.
(1)Every market committee shall consist of [eighteen] [Substituted 'fourteen' by Act No. 25 of 2005, dated 24.10.2005.] members and shall be constituted by the Government by notification in the following manner -(i)[eleven] [Substituted 'Eight' by Act No. 25 of 2005, dated 24.10.2005.] members to be appointed 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 'three' by Act No. 25 of 2005, dated 24.10.2005.] members from among persons belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, minorities and women:Providing further that, there shall be atleast [five] [Substituted 'two' by Act No. 25 of 2005, dated 24.10.2005.] members representing the category of small farmers;(ii)[three] [Substituted 'two' by Act No. 25 of 2005, dated 24.10.2005.] members to be appointed by the Government in consultation with the Director of Marketing from among the licensed traders in the notified area [***] [Omitted 'of whom one shall be a small trader' by Act No. 25 of 2005, dated 24.10.2005.];(iii)one member to be appointed 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 Co-operative Marketing Societies having their area 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 ant law relating to Municipal Corporations 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. - (1) 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 appointed from among its members specified in Clause(i) of sub-section (1) and Vice-Chairman be appointed from among its members specified in Clause (i) or Clause(ii) of sub-section (1), by the Government in consultation with Director of Marketing ;(3)Save as otherwise provided in this Act, the term of office of the members appointed under sub-section (1) shall be three years from the date of appointment:Provided that a member appointed under clause(ii) of sub-section (1) shall cease to hold office, if he ceases to be a traders:Provided further that a non-official member of the market committee shall cease to hold his office if he absents himself from 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 that meeting was not given to him.(4)Where a person ceases to be a member under the 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 next meeting after the receipt of such application restore him to his office:Providing 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 hereunder 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 not be eligible for appointment to wither of the said offices, until the date of next reconstitution of the market committee under sub-section (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 appointment 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 appointed to fill in such vacancy shall hold office only for the remainder of the term of his predecessor.
