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Karnataka act 008 of 2001 : Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act, 2001

Preamble

Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act, 2001*

[Karnataka Act No. 8 of 2001][7th April, 2001]

An Act further to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966.

Whereas it is expedient further to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Fifty Second year of the Republic of India, as follows:

* Received the assent of the Governor on the 7th day of April, 2001 and First Published in the Karnataka Gazette Extra-ordinary on the 7th day of April, 2001

SOR Statement of Objects and Reasons

STATEMENT OF OBJECTS AND REASONS

It is considered necessary to amend the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 to provide for the following:

(i) Section 10 provides for constitution of the first market committee for a period of two years which may be extended by the state Government for one more year. It is felt necessary to enhance the maximum period of extension from the existing one year to two years to manage the Market Committee where an election is not held in time during the extended period of one year.

(ii) Section 44 provides for moving a motion of No. confidence against the chairman or the Vice Chairman of a Market Committee which will be carried only if it is voted by a majority of not less than two-thirds of the members of the market committee. Adhyakshas and Upadhyakshas of Taluk Panchayats and Zilla Panchayat may be removed by a motion of expressing want of confidence in them passed by a simple majority. It is appropriate to have similar provisions in respect of the Chairman and Vice Chairman of market committee also.

(iii) It is found necessary to have a provision to enable the market committees to contribute to the floor price scheme and Raitha Sanjeevini Accidental Insurance Scheme which are beneficial to agriculturists.

Prices of various agricultural commodities are continously falling all over the state. This has caused great hardship to the agriculturists and has also lead to wide spread agitation. The agitation has lead to law and order problem in certain places. The floor price scheme is meant to control the falling prices of agricultural commodities. It will go a long way in giving some relief to the agriculturist. Therefore, the market committees should be empowered to make contributions to the floor price scheme as early as possible.

Since the matter was urgent and the Karnataka Legislative Council was not in session the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Ordinance 2001 (Karnataka Ordinance 1 of 2001) was promulgated to achieve the above object.

Hence the Bill.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act, 2001.

(2) It shall be deemed to have come into force with effect from twenty fourth day of January 2001.

Section 2. Amendment of section 10

2. Amendment of section 10.- In the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act, 27 of 1966) (hereinafter referred to as the principal Act), in section 10, in sub-section (4), in clause (a), in the proviso, for the words "one year" the words "two years" shall be substituted.

Section 3. Amendment of Section 44

3. Amendment of Section 44.- In section 44 of the principal Act,-

(1) in sub-section (1), in the proviso, for the words "one year" the words "six months" shall be substituted.

(2) for sub-section (2), the following shall be substituted namely,-

"(2) If the motion against the Chairman or the Vice-Chairman or both is carried by a majority of the total number of members present and voting at a meeting specially convened for the purpose, the Chairman or the Vice-Chairman shall forthwith vacate the office of the Chairman or Vice-Chairman as the case may be."

Section 4. Amendment of Section 63

4. Amendment of Section 63.- In section 63 of the principal Act, in sub-section (2), in clause (a) after item (xii) the following shall be inserted namely,-

"(xiii) contribute to the Floor Price Scheme and Raita Sanjeevini Accidental Insurance Scheme at such rate as may be determined by the Director of Agricultural Marketing."

Section 5. Repeal and savings

5. Repeal and savings.- (1) the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Ordinance, 2001 (Karnataka Ordinance No. 1 of 2001) is hereby repealed.

(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.