Section 11 in The Gujarat Agricultural Produce Markets Act, 1963
11. Constitution of market committee.
(1)Every market committee shall consist of the following members, namely:-(i)[ eight agriculturists, whose names are enlisted in the voters' list published by the Election Commission of India for such market area, shall be elected by the numbers of managing committee of the primary Agriculture Credit CO-operative Socities dispensing agricultural credit in the market area;] [Substituted by Gujarat Act No. 14 of 2015, dated 10.4.2015.](ii)four members to be elected in the prescribed manner from amongst themselves by the traders holding general licences [who have traded in full conformity with the terms and conditions of the licence in the previous financial year and the fees payable by them has not remained unpaid] [Added by Gujarat Act No. 14 of 2015, dated 10.4.2015.];(iii)two representatives of the co-operative marketing societies [situate in the market area, holding general licences, engaged in the business in conformity with their respective objects and have their last accounts audited in class A, B or C, as the case may be] [Substituted by Gujarat Act No. 14 of 2015, dated 10.4.2015.], to be elected from amongst the members (other than nominal, associate or sympathiser members) of such societies by the members of the managing committees of such societies:Provided that where the number of co-operative marketing societies so situate does not exceed two, only one representative shall be so elected;(iv)one member to be nominated by the local authority (other than the market committee) within whose jurisdiction the principal market yard is situated from amongst its councillors or, as the case may be, members who do not hold any general licence:Provided that where under the law applicable to the local authority its councillors or members have vacated office and any person or administrator has been appointed to exercise the powers and perform the functions of the local authority, such person or, as the case may be, administrator shall nominate a member under this paragraph from amongst persons qualified to be councillors or members of the local authority and not holding a general licence;(v)two members to be nominated by the State Government:Provided that when a market committee is constituted for the first time all the members thereof shall be persons nominated by the State Government and shall hold office for a period of two years from the date of their nomination.(1A)[ Nothing contained in clauses (i), (ii) and (iii) of sub-section (1), shall be applicable to the market committees existing on the date of commencement of the Gujarat Agricultural Produce Markets (Amendment) Act, 2015 till Gujarat 14 the expiry of its term.] [Inserted by Gujarat Act No. 14 of 2015, dated 10.4.2015.](2)(a)If for any reason in the case of a market committee no election is held, the Director shall report the fact to the State Government and with the previous approval of the State Government nominate on the market committee members of the respective class specified in sub-section (1) from amongst persons qualified to be elected as members of the respective class.(b)The persons so nominated shall hold office for such period not exceeding two years as the Director may, with the approval of the State Government determine.(3)If for any reason in the case of a market committee an election does not result in the return of the required number of qualified persons to take office, the Director, after taking into consideration the views of the members already elected shall as soon as possible nominate from amongst persons qualified to be elected such number as is necessary to make up the required number and the persons so nominated shall be deemed to have been duly elected as members of the market committee.(4)(a)The term of office of a market committee shall, save as otherwise provided in this Act, be [five years] [Substituted 'four year' by Gujarat Act No. 14 of 2015, dated 10.4.2015.] from the date of its first general meeting.[Provided that the term office of the existing market committee on the date of commencement of the Gujarat Agricultural Produce Markets (Amendment) Act, 2015, shall Gujarat 14 be four years.] [Inserted by Gujarat Act No. 14 of 2015, dated 10.4.2015.](aa)[ The State Government may, by order published in the Official Gazette and for reasons to be recorded therein, extend the said term for a period not exceeding one year in the aggregate.] [Clause (aa) inserted by the Gujarat Agricultural Produce Markets (Amendment) Act, 1990 (Gujarat 10 of 1990), dated 31st July 1990.](b)Save as otherwise provided in this Act, the term of office of the members of the market committee shall be co-extensive with the term of the market committee and also shall be deemed to extend to and expire with the day immediately before the [date of the appointment of an Administrator under clause (a) of sub-section (5)] [Substituted for 'date of the first general meeting of the market committee as reconstituted on the expiry of its term' by the Gujarat Agricultural Produce Markets (Amendment) Act, 1990 (Gujarat 10 of 1990), dated 31st July 1990.].[Provided that the term of the office of the Chairman and the Vice-Chairman of the Market Committee shall be two and a half years but shall not extend beyond the term of the market committee:Provided further that the term of the office of the Chairman and the Vice-Chairman who have completed the term of two and a half years on the date of commencement of the Gujarat Agricultural Produce Markets (Amendment) Act, 2015, shall be co-extensive with the term of the market committee.] [Inserted by Gujarat Act No. 14 of 2015, dated 10.4.2015.](5)[ (a) Where the term of office of a market committee has expired, the State Government shall, by order published in the Official Gazette, direct that -(i)such person as may be appointed by the State Government from time to time shall be the Administrator to manage the affairs of the market committee, during the period beginning with the date specified in the order and ending on the day immediately preceding the date of the first general meeting of the market committee as reconstituted on the expiry of the term of the market committee (hereinafter in this sub-section referred to as "the said period");(ii)the market committee shall be reconstituted within such period not exceeding one year in the aggregate as may be specified in the order.(b)During the said period, all powers, functions and duties of the market committee under this Act shall be exercised and performed by the Administrator.(c)The Administrator may by an order in writing delegate any of the powers, functions and duties to be exercised or performed by him under clause (b) to any officer for the time being employed by the market committee.(d)The Administrator shall receive such remuneration from the Market Committee Fund as the State Government may from time to time by general or special order determine.]
