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State of Jharkhand - Section

Section 9 in Jharkhand Agricultural Produce Markets Act, 2000

9. Constitution of the second and subsequent Market Committee.

- [(1) There shall be following categories of members in every market area(i)Seven agriculturists constituencies for electing seven representatives of agriculturists, in the manner prescribed.(ii)Two traders' constituencies for entire market area for electing two representatives of the licensed traders under this Act, in the manner prescribed.(iii)One shall be sub-divisional Officer of the sub-division in which head-quarters of the Market Committee is situated, who shall represent the interest of the Jharkhand Government.(iv)Two co-operative societies' constituencies for the entire market area for electing two representatives of the co-operative societies holding valid licence under this Act.(v)One shall be a person appointed under sub-section (1) of section 20, who shall be the ex-officio member Secretary of the Market Committee.(vi)One shall be a person nominated by the State Bank of India, Jharkhand Region/Circle.(vii)One shall be a person elected from amongst the members of the municipality or notified area committee within whose jurisdiction the principal market yard is situated and in the event there is no municipality or notified area committee, from executive committee of the Gram Panchayat within whose jurisdiction the principal market yard is situated.(viii)One shall be a person nominated by Zila Parishad from amongst its members.(ix)One shall be a person nominated by Agriculture Department.(x)One shall be a member nominated by the Jharkhand Government from amongst the members of the Legislature in whose constituency, the principal market yard is situated.]
(2)A member elected under clauses (i), (ii), (iii) and (iv) of sub-section (1) shall cease to hold office as such member if he ceases to be a member of the electorate by which or one of the persons by whom, he was elected, and in the case of a member elected, under clause (vi) of the said sub-section, if he is granted a licence under this Act for that Market area.
(3)No act done by or on behalf of a Market Committee shall be questioned on the ground merely of the existence of any vacancy or defect in the constitution of the Market Committee.
(4)[ (i) An Officer, nominated by the Jharkhand Government, shall toe this Chairman of the Market Committee for 2 terms or 6 years after the passing of this Act, thereafter the Jharkhand Government shall appoint, the Chairman from amongst the members of the Market Committee.
(ii)The elected Market Committee shall elect one of its members, representing the agriculturists' interest to be its Vice-Chairman]
(5)[ The term of office of members, including the Chairman and the Vice-Chairman of the elected Market Committee, shall save as otherwise provided in this Act, be three years, from the date of publication of their names as members under section 13, and on the expiry of three years term and thereafter if within a period of 6 months election is not held, the committee shall cease to function and all powers and duties of the Committee under the provisions of Act and Rules made thereunder shall be exercised and discharged by such person as may be nominated by the Jharkhand Government and new Market Committee shall be constituted within six months from the date of such nomination:Provided, however, due to any exigencies, the election is not held within six months, the Jharkhand Government may extend the period of election for another six months.] [Substituted by Act 60 of 1982.]
(5)[ (i) A member elected under Clause (i),(ii),(iv) of sub-section (1) shall cease to hold office as such member, if he ceases to be a member of the electorate by which he was elected. Similarly, in the case of a member elected under Clause (vii) of the said sub-section, if he is granted a licence for that Market area under this Act, his membership shall come to an end.] [Inserted by Act 60 of 1982.]
(6)[ All matters in relation election shall be challenged by an election petition before the prescribed authority and no court shall have any jurisdiction with regard to or in connection with any election under this section.] [Inserted by Act 60 of 1982.]