Section 3 in The Punjab Agricultural Produce Markets Act, 1961
3. State Agricultural Marketing Board, constitution, powers and duties.
(1)The State Government may, for exercising powers conferred on and performing the functions and duties assigned to the Board by or under this Act, establish and constitute the Punjab State Agricultural Marketing Board, consisting of a Chairman, to be nominated by the State Government and twenty other members of whom, ten shall be officials and ten non-officials, to be nominated by the State Government in the following manner, namely :-(a)official members shall include -(i)the Financial Commissioner Development-cum-Principal Secretary to Government of Punjab, Department of Agriculture or his representative;(ii)the Principal Secretary to Government of Punjab, Department of Finance or his representative ;(iii)the Director, Horticulture, Punjab ;(iv)the Director, Agriculture, Punjab ;(v)the Secretary of the Board ;(vi)the Registrar, Co-operative Societies, Punjab or his representative ;(vii)the Chairman, Farmers' Commission, Punjab or his representative ;(viii)the Vice-Chancellor, Punjab Agricultural University, Ludhiana or his representative ;(ix)the Director, Colonisation, Punjab ; and(x)the representative of the Department of Food and Supplies, Punjab ; and(b)non-official members shall include -(i)one producer member of a Committee ;(ii)one representative from amongst the members of a Committee, who has a licence under section 10 ;(iii)one person from amongst the licensees under section 10 ;(iv)one representative from amongst the members of a Committee, who has license under section 13 ;(v)one representative from amongst the members of a registered organization of farmers ;(vi)four members from amongst the progressive producers of the State of Punjab (i.e. one from each division) ; and(vii)[one representative of the Co-operative Societies.] [Substituted by Punjab Act 7 of 2009.]Provided that when the non-official members referred to in sub-clause (i), (ii) and (iii) of clause (b) cannot be nominated owing to all the Market Committees being under supersession, the Board shall consist of all the members, including the Chairman, referred to in this sub-section excepting the members referred to in the aforesaid sub-clauses and the same shall be deemed to be a validly constituted Board till such members are nominated by the State Government after the Market Committees are constituted.(2)[ There shall be a Secretary of the Board who shall be appointed by the State Government from amongst those members of the Indian Administrative Service, the Punjab Civil Service (Executive Branch) or the Punjab Agricultural Service (Class I) who have put in not less than five years service as such member.] [Substituted by Punjab Act 13 of 1979.](3)The Board shall be a body corporate as well as a local authority by the name of the State Agricultural Marketing Board having perpetual succession and a common seal, with power, subject to the provisions of this Act, to [acquire, [hold sell, lease or otherwise transfer immovable or movable property as may be prescribed for a period specified in the transfer deed"] [Substituted vide Punjab Act 10 of 2001 for the words 'acquire and hold property]] and shall by the said name sue and be sued.(4)The term of office of the non-official members of the Board shall be three years.(5)No person shall be eligible to become a member of the Board who -(a)does not ordinarily reside within the Punjab State ;(b)is below twenty-five years of age ;(c)has been removed under sub-section (7) of section 15 ;(d)is of unsound mind ; or(e)has been declared as insolvent or sentenced by criminal court, whether within or outside the Punjab State, for an offence involving moral turpitude;Provided that the disqualification under clause (e) on the ground of a sentence by a criminal court shall not apply after the expiry of four years from the date on which the sentence of such person has expired.(6)A member of the Board may resign from membership by tendering his resignation to the State Government through the Chairman of the Board and the seat of such member shall become vacant on the date of acceptance of his resignation ;[Provided that the Chairman of the Board may resign by tendering his resignation to the State Government.] [Added of Punjab Act No. 40 of 1963.](7)[ The State Government may, by notification, remove any member of the Board other than an official member -(a)if he has become subject to any of the disqualifications specified in sub-section (5) ; or(b)if he is, in its opinion, remiss in the discharge of his duties : or(c)if he has without the permission of the Chairman of the Board and in the opinion of the State Government without sufficient cause absented himself for not less than three consecutive meetings of the Board ;and may appoint another member in his place in the manner provided in clause (b) of sub-section (1) from the category to which the removed member belongs;] [Substituted by Punjab Act No. 13 of 1979.]Provided that before removing a member the reasons for the proposed action shall be conveyed to him and his reply invited within a specified period and duly considered :Provided further that the term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period allowed under sub-section (4) unless there be delay in appointing a new member who succeeds the member first mentioned above in which case it shall expire on the date on which his successor is appointed by the State Government.(8)The State Government shall exercise superintendence and control over the Board and its officers and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty of corruption or mismanagement, it may suspend the Board and, till such time as a new Board is constituted, make such arrangements for the exercise of the functions of the Board [and of its Chairman] [Substituted by Punjab Act 13 of 1979.] as it may think fit;Provided that the Board shall be constituted within [Five years and six months] [Substituted by Punjab Gazette (Extraordinary), Legislative Supplement, Part-II, dated June 19, 1992.] from the date of suspension.(9)The Board shall exercise superintendence and control over the Committees.(10)The State Government or the Chairman or the Secretary of the Board or any other officer of the Board authorised in this behalf by the Board may call for any information or return relating to agricultural produce from a Committee or a dealer or a godown keeper or other functionaries and shall have the power to inspect the records and accounts of a committee and accounts of any dealer, godown keeper or other functionaries for that purpose.(11)[ The [Chairman or subject to his control the Secretary of the Board] [Substituted by Punjab Act 5 of 1974.] may transfer the Secretary or any employee dealing with the accounts of one Committee to another Committee and they shall exercise such other powers and discharge such other duties as may be prescribed ;Provided that any increase or decrease in emoluments of a transferred employee shall be referred to the State Government whose decision on such reference shall be final.(12)Subject to the provisions of this Act and the rules and bye-laws made thereunder, the Board may employ such persons for the performance of the functions of the Board under this Act, and may give them such remuneration, as it may think fit, and may suspend, remove, dismiss or otherwise punish any person so employed.(13)Subject to rules made under this Act, an estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared and passed by the Board and submitted every year for the sanction of the State Government not later than the prescribed date. The State Government shall sanction and return the Budget within two months from the date of the receipt thereof. If it is not received within two months it shall be presumed to have been sanctioned.(14)Subject to rules made under this Act, the Board may, with the approval of the State Government, frame by-laws for -(a)regulating the transaction of business at its meetings ;(b)the assignment of duties and powers of the Board to its Chairman, Secretary or persons employed by it; and(c)such other matters as may be prescribed.(15)[Six] [Substituted for the word 'four' by Punjab Act 13 of 1979.] members shall constitute a quorum at a meeting of the Board;Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business.(16)All questions before a meeting of the Board shall be determined by a majority of votes of the members present and voting and in case of equality of votes, the Chairman may exercise a casting vote.(17)(i)The State Government may delegate to the Board or its [Chairman or Secretary] [Substituted for the word 'Chairman' by Punjab Act 40 of 1963, section 3.] any of the powers conferred on it by or under this Act ; and(ii)[ The Board may, with the prior approval of the State Government, delegate any of its powers to its Chairman, Secretary, or any of its officers.] [Substituted by Punjab Act 22 of 1978.](18)The headquarters of the Board shall be located at a place to be determined by the State Government.(19)No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof.
