Section 13 in The Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963
13. Constitution of Market Committees
(1)Subject to the provisions of sub-section (2), every Market Committee shall consist of the following members, namely:-(a)fifteen agriculturists residing in the market area (being persons whose names appear in the voter's list for the concerned constituency and who are not less than twenty-one years of age on the date specified, from time to time, by the Collector or the District Deputy Registrar, as the case may be, in this behalf), as specified below:-(i)eleven (of which, two shall be women, one shall be a person belonging to Other Backward Classes and one shall be a person belonging to De-notified Tribes (Vimukta Jatis) or Nomadic Tribes) shall be elected by the members of the Managing Committees of the Agricultural Credit Societies and Multipurpose Co-operative Societies (within the meaning of the Maharashtra Co-operative Societies Act, 1960 and the rules made there under), functioning in the market area;Provided that, where the Market Committee is situated in Tribal areas, one person belonging to the Scheduled Tribes shall be elected in place of the election of the person belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes as aforesaid; and(ii)four (of which, one shall be a person belonging to Scheduled Castes or Scheduled Tribes and one shall be a person belonging to Economically Weaker Section), shall be elected by members of the village panchayat functioning therein;(b)Two shall be elected by traders and commission agents, holding licenses for not less than two years to operate as such in the market area;(b1)one member shall be elected by hamals and weigh men operating as such in the market area;(c)One shall be the Chairman of the co-operative society doing business of processing or marketing of agricultural produce in the market area having its registered office situated in the same market area; or in his absence a representative of the co-operative society elected by its managing committee:Provided that, if there be more than one such co-operative societies in the market area, then the Chairman of any one of such co-operative societies or in his absence a representative, elected by the managing committees of such societies;(d)One shall be the Chairman of Panchayat Samiti within the jurisdiction of which the market area or major portion thereof is situated or the representative elected by such Panchayat Samiti;(e)One shall be the President or Sarpanch of the local authority (other than a Panchayat Samiti) within the jurisdiction of which the principal market is situated or the representative elected by such local authority;(f)The Deputy Registrar of Co-operative Societies of the district or his representative, who shall have no right to vote;(g)The Secretary of the Market Committee, who shall have no right to vote;(1-a) A person who is a member of the Market Committee under clauses (c), (d) and (e) shall have a right to take part in the discussions of the Committee, but shall have no right to vote a meeting thereof.(1A)(a)Notwithstanding anything contained in sub-section (1) of this section or in section 4 or other provisions of this Act, the area comprising Greater Bombay and Turbhe Village in Thane Talukas of Thane district and such other area as may be specified by the State Government by notification in the Official Gazette from time to time; (hereinafter referred to as "the Bombay market area"), shall be deemed to be a market area for the purposes of this Act, and the Market Committee for that area to be called by the name of the Bombay Agricultural Produce Market Committee shall, subject to the provisions of sub-section (2), consist of the following members, namely :-(i)Twelve representatives of agriculturists elected by the agriculturist members of the other Agricultural Produce Market Committees in the State, two such members to be elected from each Revenue Division;(ii)five representatives, elected by the traders and commission agents, holding licenses to operate as such in the Bombay market area, as specified below.-(A)one representative dealing in onion, potato and garlic, elected by and from amongst themselves;(B)one representative dealing in fruits, elected by and from amongst themselves;(C)one representative dealing in vegetables, elected by and from amongst themselves;(D)one representative dealing in food grains, pulses, edible and non-edible oils, elected by and from amongst themselves;(E)one representative dealing in all other commodities, elected by and from amongst themselves;(iii)one nominated representative of the Navi Mumbai Municipal Corporation;(iv)one nominated representative of the Mumbai Municipal Corporation;(v)one nominated representative of the Mumbai Metropolitan Region Development Authority constituted under the Mumbai Metropolitan Region Development Authority Act, 1974;(vi)five representatives (of which, two shall be women, one shall be a person belonging to the Scheduled Castes or the Scheduled Tribes, one shall be a person belonging to the Other Backward Classes and one shall be a person belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes) to be nominated by the State Government;(vii)the Director of Agricultural Marketing, Maharashtra State Pune.;(b)a person who is a member of the Market Committee under sub-clauses (iii), (iv), (v) or (vii) of clause (a) shall have a right to take part in the discussions of the Committee but shall not have a right to vote at a meeting thereof.(1B)(a)Notwithstanding anything contained in any provisions of this Act, the State Government may, by notification in the Official Gazette, declare any Agricultural Produce Market Committee to be the Divisional Market Committee for more than one districts or Regional Market Committee for more than one talukas.(b)The area specified by the State Government by notification in the Official Gazette, from time to time shall be deemed to be market area for the purpose of this Act and the Market Committee for that area shall be called by the name as may be notified by the State Government and it shall function as the Divisional or Regional Market Committee.(c)The Divisional or Regional Market Committee shall, subject to the provision of sub-section (2), consist of following members, namely: -(i)two representatives of the agriculturists, elected by the agriculturist members of the Agricultural Produce Market Committee from each district included in the area of operation of the Divisional Market Committee; or(ii)one representatives from the agriculturists elected by the agriculturist members of the Agricultural Produce Market Committee from each talukas included in the area of operation of the Regional Market Committee; or(iii)two representatives, elected by the traders and commission agents, holding licences to operate as such in the market area;(iv)one representative, elected by the hamals and weighmen operating as such in the market area;(v)one representative of the State Marketing Board;(vi)one representative of the Municipal Corporation or Municipal Council functioning at the Head Quarters of the Market Committee;(vi-a) four representatives (of which, one shall be woman, one shall be a person belonging to Scheduled Castes or Scheduled Tribes, one shall be a person belonging to the Other Backward Classes and one shall be a person belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes) to be nominated by the State Government:Provided that, where the Divisional or Regional Market Committee is situated in Tribal areas, the State Government shall nominate the person belonging to the Scheduled Tribes in place of the person belonging to the De-notified Tribes (Vimukta Jatis) or Nomadic Tribes;(vii)The Director of marketing, Maharashtra State, Pune or his representative.(d)A person who is a member of the Market Committee under sub-clauses (v), (vi) and (vii) of clause (c), shall have a right to take part in the discussions of the Committee, but shall not have right to vote at a meeting thereof;(1C)(a)The State Government may, by an order in the Official Gazette, appoint,--(i)four special invitees, on every Market Committee whose income from fees levied and collected under sub-section (1) of section 31 in the immediate preceding market year exceeds rupees five crore; and(ii)two special invitees, on every Market Committee whose income from fees levied and collected under sub-section (1) of section 31 in the immediate preceding market year is up to rupees five crore, who shall be the experts in the field of agriculture, agricultural processing, agricultural marketing, law, economics or commerce.(2)(a)When a Market Committee is constituted for the first time, whether under sub-section (1) or (1-A) or (1-B), all the members thereof and the Chairman and Vice-Chairman shall be nominated by the State Government:Provided that the Chairman and Vice-Chairman shall be nominated by the agriculturists’ members.Provided further that, the State Government may, if it considers expedient, instead of nominating the members of the Market Committee constituted for the first time, appoint an Administrator or the Board of Administrators, and the Administrator or the Board of Administrators, so appointed, shall, for all purposes, be considered to be the Committee constituted for the first time.(b)The special invitees appointed under clause (a) shall have a right to take part in the discussions of the Market Committee, but shall have no right to vote at a meeting thereof.(c)The term of the special invitees shall be co-terminus with the term of the members of a Market Committee.
