Andhra pradesh act 026 of 1995 : Andhra Pradesh (Agricultural Produce and Live Stock) Markets Amendment) Act, 1995

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 1995.

(2) It shall be deemed to have come into force with effect from the 14th March, 1995.

Section 2. Amendment of Section 5

2. Amendment of Section 5.- In the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (Act 16 of 1966) (hereinafter referred to as the principal Act), in section 5,

(a) for sub-sections (1) and (2), the following shall be substituted, namely:

(1) Every Market Committee shall consist of fourteen members and shall be constituted by the Government by notification in the following manner:-

(i) eight 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 three members from among persons belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, minorities and women:

Provided further that there shall be atleast two members representing the category of small farmers;

(ii) two members to appointed by the Government in consultation with the Director of Marketing from among the licensed traders in the notified area of whom one shall be a small trader;

(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 areas of operation within the notified are;

(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 of 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 be half by the concerned Head of the Department;

(vi) Chairperson of the Municipality or the Sarpanch or 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 any law relating to Municipal Corporation fosti the time being in force in the State, one person as may be nominated by the Corporation shrill represent the Corporation in the Agricultural Market Committee concerned whore a notified area comprises the Corporation also.

EXPLANATION I

For the purpose of this sub-section, a ‘small farmer’ moans a farmer holding an extent not more than 4.04686 hectares (ten acres) of dry land or 2.02343 hectares (five acres) of wot land.

EXPLANATION II

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 acros) of dry land.

(2) Every Market Committee shall have a Chairman appointed from among its monitors specified in clause (i) of sub-section (1) and a Vice-Chairman to be appointed from among its members specified in clause (i) or clause (ii) of sub-section (1), by the Government in consultation with the Director of Marketing;

(b) in the first proviso to sub-section (3), for the expression "appointed under clause (iv)", the expression "appointed under clause (ii)" shall be substituted.

Section 3. Existing members, Vice-Chairman and Chairman of the Market Committee to cease to hold office

3. Existing members, Vice-Chairman and Chairman of the Market Committee to cease to hold office.- (1) Notwithstanding anything contained in the principal Act, all the members, Vice-Chairman and Chairman of every Market Committee holding office at the commencement of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 1995 shall cease to hold office as such and their upon it shall be competent for the Government to appoint a person or persons to exercise the powers and perform the functions of the Market Committee until the Market Committee is re constituted in accordance with the provisions of section 5 of the Principal Act as amended by this Act.

(2) The person or persons so appointed shall subject to the control of the Government and to such instructions and Directions as may be issued, from time to time, exercise the powers, discharge the duties and perform the functions of the Market Committee and take all such actions as may be required in the interests of the Market Committee.

(3) The Government may fix the remuneration payable to the person or persons so appointed. The amount of such remuneration and other costs, if any in cured in the management of the committee shall be payable out to the Market Committee Fund".

Section 4. Repeal of Ordinance 10 of 1995

4. Repeal of Ordinance 10 of 1995.- The Andhra Pradesh (Agricultural Repeal of Produce and Livestock) Markets (Amendment) Ordinance, 1995, is here by repealed.