Himachal Pradesh Agricultural Produce Markets (Amendment) Act, 1987*
| [Himachal Pradesh Act No. 14 of 1987]1 | [8th May, 1987] |
An Act further to amend the Himachal Pradesh Agricultural Produce Markets Act, 1969 (Act No. 9 of 1970).
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-eighth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons see R.H.P. Extra. Dated 16-5-1987, P. 833.
* Received the assent of the Governor, Himachal Pradesh, on the 8th May, 1987 and was published in Rajpatra, Himachal Pradesh (Extra-ordinary) dated the 8th May, 1987 at page 783-786
1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Agricultural Produce Markets (Amendment) Act, 1987.
(2) It shall come into force at once.
2. Amendment of section 2.- In section 2 of the Himachal Pradesh Agricultural Produce Markets Act, 1969 (9 of 1970) (herein after cat led the principal Act),-
(i) after clause (f), the following clause (ff) shall be added, namely:-
"(ff) ‘licensee’ means a person to whom a licence is granted under section 8 and the rules made under this Act and includes any person who buys or sells agricultural produce and to whom a licence is granted as Kacha Arhtia or commission agent or otherwise, but does not include a person licensed under section 11;"
(ii) after clause (j) the following clause (jj) shall be added, namely:-
"(jj) "member" includes the Chairman of the Board;";
(iii) after the sign ";" occurring at the end of clause (r), the word "and" shall be inserted; and
(iv) for the sign and word "and" occurring at the end of clause (s), the sign "." shall be substituted and the existing clause (t) shall be omitted.
3. Amendment of section 3.- In section 3 of the principal Act,-
(a) in sub-section (1), after the words "consisting of" but before the figure and word "15 members", the words "a Chairman to be appointed by the State Government and" and for the words "the Marketing Officer" occurring in clause (a), the words and brackets, "the Deputy Director (Agricultural Marketing) for Himachal Pradesh" shall be substituted;
(b) for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) There shall be a Secretary of the Board who shall be appointed by the State Government from amongst the Joint and Deputy Directors of Agriculture Department of the State Government,";
(c) for sub-section (6), the following sub-section shah be substituted, namely:-
"(6) The Chairman of the Board may resign by tendering his resignation to the State Government and a member other than the Chairman 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 Chairman or the member, as the case may be, shall become vacant on the date of acceptance of his resignation.";
(d) after sub-section (7), the following sub-section (7-A) shall be added, namely:-
"(7-A) Subject to the rules made under this Act, the Board may, with the approval of the State Government, frame bye-laws for-
(a) regulating the transaction of business at its meeting;
(b) assignment of duties, and powers of the Board to its Chairman, Secretary or persons employed by it; and
(c) such other matters which are to be or may be prescribed under the bye-laws.";
(e) for the words "Four members" occurring in the beginning of sub-section (8), the words "One-third of the total members" shall be substituted;
(f) for the word "Central" occurring in sub-section (11), the word "State" shall be substituted; and
(g) in clause (12),
(i) after the words "functions of the Board," the words "and of its Chairman" shall be inserted;
(ii) for the sign "." occurring at the end, the sign shall be substituted and thereafter the following proviso shall be added, namely:-
"Provided that the Board shall be constituted within six months from the date of its suspension".
4. Addition of sections 3-A and 3-B.- After section 3 of the principal Act the following new sections 3-A rind 3-B shall be added, namely:-
"3-A. The Chairman and his term of office etc.- (1) The State Government shall appoint any of the members of the Board to be its Chairman who shall perform such duties and exercise such powers as may be assigned to or conferred upon him.
(2) The term of office of the Chairmau appointed under sub-section (1) shall, unless the State Government otherwise directs, be co-terminus with the term of the non-official members of the Board and he shall be paid such remuneration and allowances as may, from time to time, be fixed by the Government.
(3) Notwithstanding the expiration of the term mentioned in sub-section (2), the Chairman shall continue to hold office until this vacancy caused by the expiration of the term has been filled up;
Provided that no vacancy shall-be allowed to remain unfilled for more than 6 months.
(4) Whenever there is a temporary vacancy in the office of the Chairman, the Government, may appoint another member of the Board to act as the Chairman during the period of such vacancy and shall pay to him such remuneration and allowances as may be fixed by it.
3-B. Supersession of the Board.- (1) If at any time the State Government is satisfied that the Board is incompetent to perform or persistently defaults in performing the duties imposed on it by or under this Act, or abuses the powers conferred on it, the State Government may, by notification, supersede, the Board:
Provided that before issuing any such notification, the State Government shall give a reasonable opportunity to the Board to make representation against the proposed supersession and shall consider the representation, if any, of the Board.
(2) When the Board is superseded under the provisions of sub-section (1).-
(a) all the members including the Chairman of the Board, notwithstanding that their term of office has not expired, shall, from the date of supersession, vacate their of offices as such members or the Chairman, as the case may be;
(b) all the powers and duties of the Board shall, during the period of super-session, be exercised and performed by such persons as the State Government may appoint in this behalf and their remuneration shall be such as may be fixed by the Government;
(c) all funds and other properties vested in the Board shall, during the period of supersession, vest in the State Government; and
(d) as soon as the period of supersession expires, the Board shah be reconstituted in accordance with the provisions of this Act."
5. Amendment of section 18.- For the words and brackets "the trained Agricultural Inspectors (Marketing)," occurring in sub-section (1) of section 18 of the principal Act, the words "its officers trained in agricultural marketing, not below the rank of an Agricultural Inspector", shall be substituted.
6. Amendment of section 23.- For sub-section (1) of section 23 of the principal Act, the following sub-section shall be substituted, namely:-
"(1) All receipts of the Board shall be credited into a fund to be called the Himachal Pradesh Marketing Board Fund and all expenditure incurred by the Board shall be defrayed out of the said fund which shall be operated upon in such manner as may be prescribed."
7. Amendment of section 33.- In sub-section (2) of section 33 of the principal Act,-
(a) after clause (ii), the following clause (ii-a) shall be added, namely:-
"(ii-a) the powers to be exercised and duties to be performed by the Chairman of the Board and the remuneration and allowances to be paid;"
(b) in clause (xxvi) before the word "members", the word and sign "Chairman," shall be inserted; and
(c) after clause (xxvi) so amended, the following clause (xxvi-a) shall be added, namely:-
"(xxvi-a) operation of the Himachal Pradesh Marketing Board Fund;".