Gujarat Agricultural Produce Markets (Amendment) Act, 1985*
| [Gujarat Act No. 17 of 1985] | [2nd August, 1985] |
An Act further to amend the Gujarat Agricultural Produce Markets Act, 1963.
It is hereby enacted in the Thirty-sixth Year of the Republic of India as follows:-
* Received the Assent of the Governor on the 2nd August, 1985 is hereby published for general information.
1. Short title and commencement.- (1) This Act may be called the Gujarat Agricultural Produce Markets (Amendment) Act, 1985.
(2) It shall he deemed to have come into force nil the 25th January, 1985.
2. Amendment of section 2 of Guj. XX of 1964.- In the Gujarat Agricultural Produce Markets Act, 1963 (hereinafter referred to as "the principal Act"), in section 2,-
(a) after clause (ii), the following clause shall be inserted, namely:-
"(ii-a) "Board" means the Gujarat State Agricultural Marketing Board established under section 34;";
(b) after clause (v), the following clause shall be inserted, namely;-
"(v-a) "Development Fund" means the State Agricultural Marketing Development Fund established under section 34L;";
(c) after clause (xvii), the following clause shall be inserted, namely:-
"(xvii-a) "regulations" means regulations made under section 59A;".
3. Deletion of section 34 of Guj. XX of 1964.- In the principal Act, in Chapter V, section 31 shall be deleted.
4. Insertion of new Chapter V-A in Guj. XX of 1964.- In the principal Act, after Chapter V, the following new Chapter shall be inserted, namely:-
"CHAPTER V-A
THE GUJARAT STATE AGRICULTURAL MARKETING BOAUD.
34. Establishment of State Agricultural Marketing Board. (1) The State Government may, by notification in the Official Gazette, establish, with effect from such date as may be specified in such notification, a Board to be called "the Gujarat State Agricultural Marketing Board".
(2) The Board shall be a body corporate, and shall have perpetual succession and a common seal, and may in its corporate name sue and be sued and shall be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and to do all other things necessary for the purposes for which it is established.
(3) The Board shall be deemed to be a local authority within the meaning of clause (26) of section 3 of the Bombay General Clauses Act, 1904. (Bom. I of 1904)
34A. Constitution of Board. (1) The Board shall consist of the following members, namely:-
(i) The Chairman, who shall be nominated by the State Government;
(ii) nine members to be elected from amongst themselves by representatives consisting of one member each of a market committee to he determined from amongst such of its members who are agriculturists by a resolution passed by such market committee;
(iii) three members to be elected from amongst themselves by representatives consisting of one member each of a Market Committee to be determined from amongst such of its members who are trades by a resolution passed by such market's Committee;
(iv) the Secretary to the Government of Gujarat, Agriculture and Rural Development Department or an Officer of that Department nominated by the Secretary, ex-officio;
(v) the Secretary to the Government of Gujarat, Co-operation Department or an Officer of that Department nominated by the Secretary, ex-officio;
(vi) the Registrar of Co-operative Societies, Gujarat State, ex-officio;
(vii) the Director of Agricultural Marketing, Gujarat State, ex-officio;
(viii) the Agricultural Marketing Advisor to the Government of India or his representative;
(ix) the Managing Director of the Board, ex-officio:
Provided that when the Board is constituted for the first time, the members under clauses (ii) and (iii) shall he persons nominated by the State Government and shall hold office for a period of two years from the date of their nomination, such period being extensible by the State Government for a further period of two years so however that the total period shall not exceed four years in the aggregate.
(2) (a) Election of the members of the Board under clauses (ii) and (iii) of sub-section (1) shall be held in such manner as may be prescribed.
(b) Any dispute relating to the election of the members referred to in clause (a) shall be referred to the State, Government or an officer authorised by the State Government in this behalf, and the decision of the State Government or the officer so authorised, us the case may be, shall be final.
(3) The State Government shall cause the names of the members of the Board who are elected under clause (ii) or (iii) of sub-section (2) to be published in the Official Gazette.
34B. Disqualification for election on Board. A person shall be disqualified for being elected as a member of the Board if he-
(a) does not ordinarily reside within the State and whose name is not included in the electoral roll of the Gujarat Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950, (XLIII of ???) and which is for the time being in force; or
(b) has not completed the, age of 25 years; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) is an uncertified bankrupt or undischarged insolvent; or
(e) has been convicted of any offence which, in the opinion of the State Government, involves moral turpitude; or
(f) is a Director, Secretary, Manager or other salaried officer of any incorporated company or any firm which has any share or interest in any contract or employment with, by, or on behalf of, the Board or any market committee; or
(g) has been, at any time, found guilty of an offence punishable under this Act.
34C. Term of office and conditions of service of members.- (1) Save as otherwise provided in section 34B, every member of the Board, whether elected or nominated, shall hold office for a period upto the end of four years,-
(a) in the case of in elected member, from the ditto of publication of his name in the Official Gazette under sub-section (3) of section 34A; and
(b) in the rase of a nominated member, from the date of his nomination:
Provided that the State Government may, from time to time, by notification in the Official Gazette, extend the term of office of such members for a further period not exceeding one year in the aggregate.
(2) livery member of the Board shall be paid such allowances and fees as may be prescribed,
(3) The allowances and fees to the members shall be paid from the Development Fund.
34D. Meetings Board.- (1) The Board shall meet at such time and places, and shall subject to the provisions of sub-section (2) observe such rules of procedure in regard to the transactions of its business as may be provided by regulations.
(2) A member, who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into, by or on behalf of the Board or any market committee, shall at the earliest possible opportunity disclose the nature of his interest to the Board and shall not be present at any meeting of the Board when the contract, loan, arrangement or proposal is discussed unless he is required by the other members for the purpose of eliciting information, and shall not vote thereon.
34E. Cessation of membership.- (1) If a member-
(a) becomes subject to any of the disqualification mentioned in action 34B; or
(b) tenders his resignation in writing to, and such resignation is accepted by, the ??? Director, and in the case of the Chairman, by the State Government; or
(c) is absent without the permission of the Board from three consecutive meetings of the Board;
he shall cease to be a member.
(2) In every case where a dispute arises as to whether a member has ceased to be a member or not it shall be decided by the State Government after giving an opportunity to the member to be heard.
34F. Vacancies how to be filled.- Any vacancy of a member of the Board shall be filled as early as practicable, and in the like in inner as if the nomination or election were being made under section 34A:
Provided that during any such vacancy the continuing members may act as if no vacancy had occurred.
34-G. Temporary absence of chairman.- Where the Chairman of the Board is by reasons of illness of other-wine rendered temporarily incapable of carrying out his duties, or is granted leave of absence by the State Government or is otherwise unable to attend to his duties in circumstances not involving the cessation of his membership under section 34-E, the State Government may appoint another person to act in his place and carry out duties and functions entrusted to him by or under this Act until such Chairman resumes his duties.
34H. Proceedings presumed to be good and valid.- No disqualification of, or defect in the appointment of, any person acting as the Chairman or a member of the Board shall vitiate any act or proceeding of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act.
34I. Officers and servants of Board and their conditions of service, etc.- (1) The State Government shall appoint a Managing Director of the Board who shall also be the Chief Executive Officer of the Board.
(2) The Board may appoint such other officers and servants, subordinate to the Chief Executive Officer as it considers necessary for the efficient performance of its duties and functions.
(3) The conditions of appointment and service of the officers and servants and their male of pay shall-
(a) as regards the Managing Director, be such as may be prescribed, and
(b) as regards the other officers and servants, be such as may be determined by regulations.
34J. Powers and functions of Board.- The Board shall, subject to the provisions of this Act, perform the following functions and shall have powers to do such things as may be necessary or expedient for carrying out such functions, namely:-
(i) to co-ordinate the working of the market committees and other affairs thereof including programmes undertaken by such market committees for development of principal market yards, sub-market yards and provisions of infrastructural facilities and amenities;
(ii) subject to orders or directions, if any, of the State Government in this regard, to undertake the State level planning of the development of agricultural produce markets;
(iii) to administer the Development Fund;
(iv) with the prior approval of the State Government, to give advice to market committees in general or to any market committee in particular with a view to ensuring efficiency thereof;
(v) to approve proposals for selection of any new site by a market committee for establishment of principal market yard or sub-market yard:
Provided that this clause shall not apply to the selection of any new site by a market committee for establishment of principal market yard or sub-market yard where such new site is to be purchased by the market committee from its own resources;
(vi) where a market committee makes a request in that behalf, to supervise and guide the market committee in respect of the constructoin of infra-structural facilities in, or in hinterland of, a principal market yard or sub-market yard undertaken by the market committee;
(vii) where a market committee makes a request in that behalf, to supervise and guide the market committee is preparation of plans and estimates of construction programmes undertaken by the market committee;
(viii) to execute all works chargeable to the Development Fund;
(ix) to maintain accounts in such forms as may be prescribed and get the same audited in such manner as may be laid down in the regulations;
(x) to publish annually at the close of the year, progress report, balance-sheet, and statement of asset and liabilities and send copies thereof to each member of the Board, the State Government and the Director of Agricultural Marketing, Gujarat State.
(xi) to prepare and adopt budget for the ensuing year;
(xii) to make necessary arrangement for education, propaganda and publicity on matters relating to regulated marketing of agricultural product;
(xiii) to assist, undertake and promote market survey and research in the field of agricultural marketing;
(xiv) to assist and undertake collection, compilation, dissemination and publication of market intelligence and statistics in respect of agricultural produce;
(xv) to promote and undertake grading and standardisation of agricultural produce;
(xvi) to provide facilities for training of officers and staff of market committees;
(xvii) to arrange and organise seminars, workshops, camps, conferences, exhibitions in the State on agricultural marketing;
(xviii) to grant subsidy and loans to market committees for the purpose of this Act on such terms and conditions as the Board may by regulations determine;
(xix) where a market committee makes a request in that behalf, to give assistance to the market committee in technical, legal and administrative matters and maintenance of staff for rendering such assistance;
(xx) to promote and assist orderly marketing of agricultural produce in areas where there is no regulation of market under this Act;
(xxi) to do such other things and perform such other acts as it may think necessary or expedient for the proper conduct of its business and the carrying into effect the purposes of this Act.
34K. Power and duties of Managing Director.- The Managing Director appointed by the State Government under section 34I shall-
(i) appoint officers and servants of the Board in accordance with the procedure prescribed by regulations;
(ii) exercise supervision and control over officers and servants of the Board;
(iii) incur expenditure from the Development Fund on sanctioned items of work;
(iv) in cases of emergency, direct the execution or stoppage of any work and doing of any act which requires the sanction of the Board;
(v) prepare annual budget of the Board in consultation with the Director of Agricultural Marketing, Gujarat State, for consideration of the Board;
(vi) arange for internal audit of the Board;
(vii) arrange for convening and holding of the meetings of the Board and maintain records of proceedings of meetings of the Board in such manner as may be prescribed by regulations;
(viii) take such stops as may be deemed necessary for execution of decisions of the Board:
(ix) authenticate, by his signature, orders, decisions and other documents of the Board;
(x) inspect construction works undertaken by the market committees, either from their own funds or loans or grants provided by the Board or any other agencies, and report omissions in such construction works to the Board and the Director of Agricultural Marketing, Gujarat State and take all corrective measures;
(xi) report to the State Government all such acts, either of the market committees or of the Board, as are contrary to the provisions of this Act, the rules and the regulations;
(xii) take such stops as may be deemed necessary for effective discharge of the functions of the Board.
34L. Establishment and administration of State Agricultural Marketing Development Fund.- (1) There shall be established a fund to be called the State Agricultural Marketing Development Fund which shall be maintained and administered by the Board.
(2) The amount standing to the credit of the State Agricultural Produce Market Fund under section 34 immediately before the commencement of the Gujarat Agricultural Produce Markets (Amendment) Ordinance, 1985 (Guj. Ord. 7 of 1985) shall, on such commencement, stand transferred to, and form the corpus of, the Development Fund.
(3) The following shall form part of, or be paid into, the Development Fund, namely:-
(a) all contributions received by the Board from the market committees under sub-section (1) of section 34M;
(b) all contributions and grants made or sanctioned to the Board by the State Government under sub-section (2) of section 34M;
(c) any sums borrowed by the Board;
(d) all incomes or moneys received by the Board from any source whatsoever including income or charge levied by it or donations or grants, received from the local authorities, market committees or other institutions and individuals;
(e) amounts recovered as an arrear of land revenue under sub-section (3) of section 34T;
(f) such other sums as the State Government may, from time to time, specify.
(4) All expenditure incurred by the Board shall, from time to time, be defrayed out of the Development Fund and surplus, if any, shall be invested by the Board in public securities or shall be deposited in any scheduled bank, as defined in the Reserve Bank of India Act, 1934 (II of 1934) or in a co-operative bank approved by the State Government for this purpose.
34M. Contributions to be paid to Board.- (1) Every market committee shall pay to the Board as contribution an amount equal to such, percentage of its income as may be prescribed from time to time by the State Government.
(2) The State Government may, every year, make payment to the Board, by way of contribution or grants of an amount not less than five percent of the aggregate amount contributed to the Board by the market committees under sub-section (1).
(3) The contribution or payment received by the Board under sub-section (1) and sub-section (2) shall be credited to the Development Fund.
34N. Power of Board to borrow.- (1) The Board, may, from time to time, with the previous approval of the State Government and subject to the provisions of this Act and to such conditions as the State Government may, by general or special order, determine, borrow any sum required for the purposes of this Act by issue of bonds or stocks.
(2) Such bonds or stocks shall be issued, transferred, dealt with or redeemed in such manner as the State Government may, by general or special order, direct.
(3) The Board may, for carrying out the provisions of this Act, borrow money from the State Government or may, with the previous approval of the State Government, borrow money-
(i) from any scheduled bank or other bank or financial institution or other agency; or
(ii) by issue of debentures on the security of any property vested in the Board or on security of a part of its future income accruing to it under this Act.
34O. Utilisation of Development Fund.- (1) The Development Fund may be utilised by the Board for discharging its functions under this Act.
(2) Without prejudice to the generality of the foregoing provisions, the Board may utilise the Development Fund for all or any of the following purposes, namely:-
(a) supervision, regulation and improvement of markets established for the purposes of this Act;
(b) giving aid to market committees in the form of loans or grants to enable them to discharge their duties and functions under this Act;
(c) payment of salaries, allowances, pensions, gratuities and compassionate grants to the Government servants, if any, serving under the Board.
Provided that all expenditure under this clause shall be a first charge on the Development Pond;
(d) payment of allowances and fees to the members of the Board;
(e) imparting education and giving publicity in the matters connected with the regulated marketing;
(f) meeting legal expenses relating to the functions of the Board;
(g) giving technical and administrative assistance to market committees including maintenance of staff for rendering assistance to market committees for the following purposes, namely:-
(i) Engineering;
(ii) Legal assistance; and
(iii) Inspection;
(h) imparting training to officers and servants of market committees or organising or arranging camps, workshops, seminars or conferences or exhibitions on development of marketing of agricultural produce;
(i) grading and standardisation of agricultural produce;
(j) market survey, research, and collection, compilation, dissemination, and publication of market information and statistics;
(k) undertaking functions of a market committee is areas where there is no market committee or where a market committee is not viable;
(l) construction of principal market yards, and sub-market yards and leasing or transferring them to market committees;
(m) establishment and maintenance of office of the Board;
(n) expenditure on audit of accounts of the Board;
(o) sanctioning of loans and advances to the employees of the Board;
(p) with the prior approval of the State Government, any other purposes connected with the marketing of Agricultural produce, in any market area or market declared or deemed to be declared as such under this Act;
(q) any of the matters connected with, or incidental to, any of the purposes specified in clauses (a) to (p).
34P. Andit of account.- (1) The accounts of the Board shall be audited annually by such auditors and on payment of such audit fees, as may be prescribed.
(2) The Board may, with the prior approval of the State Government, make arrangements for internal audit of its accounts in consultation with the Examiner of Local Fund Audit.
(3) To carry out the auditing under this section, the auditors shall have access to all relevant records of the Board.
34Q. Delegation of powers.- Subject to the rules made in this behalf, the Board may, by general or special order, delegate to the Chairman or Managing Director, or any committee appointed by it under section 34R or to any officer of the Board, such of the powers and duties as are conferred on the Board by or under this Act.
34R. Appointment of committees.- The Board may appoint committees consisting of its members, which may include the Chairman or the Managing Director, for the purposes of performing any of its duties or functions conferred on it by or under this Act.
34S. Power of State Government to hold inquiry.- (1) The State Government with a view to satisfying itself that the powers, functions and duties conferred on the Board by or under this Act are exercised and performed by it properly may, at any time, appoint any person or persons to make inquiries into all or any of the activities of the Board in such manner as may be prescribed and to report to it the result of such inquiries.
(2) The Board shall give to the person or persons so appointed all facilities for the proper conduct of the inquiries and shall produce before such person or persons any document or information in possession of the Board, if such person or persons so demand for the purpose of such inquiry.
34T. Liability of Chairman, other members officers and servants of Board for loss, waste or misapplication of funds.- (1) The Chairman, other members, officers or servants of the Board shall be liable for the loss, waste or misapplication of any money or property of the Board, if such loss, waste or misapplication is, in the opinion of the State Government, a direct consequence of the neglect or misconduct on his part as such Chairman, other member, officer or servant.
(2) If after giving such Chairman, other member, officer or servant a reasonable opportunity for showing cause to the contrary, an officer authorised by the State Government is satisfied that the Chairman, other member, officer or servant was party to the loss, waste or misapplication of any money or property of the Board or that the loss, waste or misapplication is a direct consequence of the neglect or misconduct on his part, the officer so authorised shall, by an order in writing, direct such Chairman, other member, officer, or servant, as the case may be, to pay to the Board within two months the amount required to be reimbursed to it for such loss, waste or misapplication.
(3) If the amount is not so reimbursed it shall be recovered as an arrear of land revenue under the order of the officer so authorised and credited to the Development Fund.
(4) Any person aggrieved by the order or action of the officer so authorised may, within one month from the decision or action, apply to the State Government for redress of his grievance.
(5) The State Government may, after hearing the applicant and taking such evidence as it thinks necessary, confirm, modify or set aside the order and also make such order as to costs as it thinks proper.
34U. Supersesesion of Board for default.- (1) If the State Government after giving the Board an opportunity to render an explanation is satisfied that the Board has made a default in performing any duty or obligation imposed or cost on it by or under this Act, the State Government may fix a period for the performance of that duty or obligation and give notice to the Board accordingly.
(2) If in the opinion of the State Government the Board fails or neglects to perform such duty or obligation within the period so fixed for its performance, the State Government may by order superseade the Board and thereafter reconstitute the Board:
Provided that no such order shall be made unless an opportunity is given to the Board to show cause against such order.
(3) After the supersession of the Board and until it is reconstituted in the manner laid down in this Chapter, the powers, duties and functions of the Board shall be carried on by the State Government or by such officer or officers or body of officers as the State Government may appoint for the purpose from time to time and the cost thereof shall be met from the Development Fund.
(4) All property vested in the Board shall, during the period of supersession, vest in the State Government.".
5. Amendment of section 57 of Guj. XX of 1964.- In the principal Act, in section 57, after the words "a market committee", the words "and the Chairman, the members and other officers and servants of the Board" shall be inserted.
6. Amendment of section 58 of Gnj. XX of 1964.- In the principal Act, in section 58, in sub-section (1), after the words "market committee" where they occur at two places the words "or the Board" shall be inserted.
7. Amendment of section 59 of Guj. XX of 1964.- In the principal Act, in section 59, in sub-section(2), after clause (iv), the following new clause shall be inserted, namely:-
"(iv-a) the manner of election of members of the Board under clause(a) of sub-section (2) of section 34A;
(iv-b) the allowances and fees to be paid to a member of the Board under sub-section (2) of section 34C;
(iv-c) the conditions of appointment and service and pay-scale of the Managing Director under clause (a) of sub-section (3) of section 34I;
(iv-d) the forms in which accounts shall be maintained under clause (ix) of section 34J;
(iv-e) the percentage of the income of market committees at which the market Committees shall pay contribution to Development Fund under sub-section (1) of section 34M;
(iv-f) the auditors by whom and the audit fees on payment of which accounts of the Board shall be audited annually under sub-section (1) of section 34P;
(iv-g) the delegation of powers and duties by the Board under section 34Q;
(iv-h) the manner in which inquiries into all or any of the activities of the Board shall be made under sub-section (1) of section 34S.".
8. Insertion of new Section 59-A in Guj. XX of 1964.- In the principal Act, after section 59, the following new section shall be inserted, namely:-
"59A. Regulations.- (1) The Board may, with the previous approval of the State Government, make regulations, not inconsistent with this Act and the rules made there under, for the administration of the affairs of the Board.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely;-
(a) the time and date at which and the place where meetings of the Board shall be held, the procedure in regard to transaction of its business (including quorum) at such meetings under sub-section (1) of section 34D;
(b) the conditions of appointment and service of officers and servants of the Board under clause (b) of sub-section (3) of section 34I;
(c) the manner in which accounts of the Board shall be audited under clause (ix) of section 34J;
(d) the terms and conditions on which subsidy and loans to market committees may be granted under clause (xviii) of section 34J;
(e) the procedure to be followed under clause (i) of section 34K in appointing officers and servants of the Board;
(f) the manner in which the record of the proceedings of the meetings of the Board shall be maintained under clause (vii) of section 34K;
(g) authentication of orders, decisions and other documents of the Board under clause (ix) of section 34K;
(h) any other matter which is expressly required or allowed by this Act to be prescribed by regulations.".
9. Repeal and savings.- (1) The Gujarat Agricultural Produce Markets (Amendment) (Second) Ordinance, 1985 is hereby repealed. (Guj. Ord. 10 of 1985.)
(2) Notwithstanding such repeal anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
10. Transitory provision.- The Gujarat State Agricultural Marketing Board functioning immediately before the date on which the assent to this Act of the Governor is first published in the Official Gazette shall, notwithstanding that its constitution has been rendered inconsistent with the provisions of the principal Act as amended by this Act, continue to so function after the said date until 24th February, 1989.