State · Arunachal Pradesh
Section 12 of THE ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT,1989 (ACT NO. 6 OF 1990)
Provided that where the compensation is paid in instalment it shall carry an interest at the rate as maybe fixed by the Deputy Commissioner which shall be payable along with the instalments.
The Government may on the request of the Board or the Market Committee, as the case may be, acquire such land required for the purposes of this Act, under the provisions of the Land Acquisition Act, 1894(No. I of 1894) and shall determine the compensation according to the provisions of the said Act. 13. (I) For every Market Committee established under sub-section (I) of section 10, it shall consist of the following members namely :
- (i)two agriculturists to be nominated by the Deputy Commissioner
- (ii)two traders holding valid licence under this Act to be elected by the traders amongst themselves in the manner prescribed ;
- (iii)one to be elected by the Co-operative Societies from amongst themselves in the manner prescribed;
- (iv)four members to be nominated by the Government of whom one shall be nominated from Anchal Samity.
- (2)When a Market Committee is constituted for the first time, all the members shall be nominated by the Government and such members shall hold office for a period of three years. 14. (I) Every member of a Market Committee other than the first one constituted by the Government shall hold office for three years commencing from the date of first meeting of the constituted Market Committee at which a quorum is present and the Market Acquisition of land for the purposes of thi Act. Composition of Market Committee Term of office of Members of Market Committee, Committee, shall, thereafter be reconstituted every three years before the expiry of the third year and not earlier than three months prior to such expiry.
- (2)The term of three years referred to in sub-section (I) shall include any period which may lapse between the expiry of the said three years and the date of the first meeting of the constituted Market Committee, at which a quorum is present.
- (3)The Government may by notification for sufficient cause to be stated therein, direct from time to time that the term of office of the members of a Market Committee be extended by such period not exceeding One year as may be specified in the notification.
- (4)A member elected or appointed under sub-section (I) of section 13 shall cease to hold office, if he ceases to be a member of the category of persons from which he was elected or appointed.
- (5)A member shall also cease to hold office if he in writing resigns his membership and the same is accepted by the Market Committee or if he is removed by the Government under the provisions of this Act.
- (6)Whenever any vacancy occurs in membership for any of the reasons aforesaid or on account of death the said vacancy shall be filled in by election, nomination or appointment, as the case may be, and every such member elected, nominated or appointed, shall hold office for the unexpired portion of the term of the member in whose place he is elected, nominated or appointed.
- (2)The term of three years referred to in sub-section (I) shall include any period which may lapse between the expiry of the said three years and the date of the first meeting of the constituted Market Committee, at which a quorum is present.
- (7)Notwithstanding any vacancy in a Market Committee it shall be competent to exercise its powers and perform its duties and none of its actions shall be questioned merely on the ground of its existence of any vacancy in or any defect in the constitution of the committee. 15. (I) The Chairman of the Market Committee shall be appointed by the Government out of four members nominated under clause (iv) of sub-section (I) of section 13 and Vice-Chairman shall be elected from among other members of the committee in the manner as prescribed and the Chairman and Vice-Chairman shall exercise such powers and carry out such functions as delegated of conferred upon them under this Act or rules made thereunder, Chairman and Vice-Chairman of Market Committee
- (2)Wherever for any reason, the offices of both the Chairman and the Vice-Chairman of any Market Committee falls vacant the Government shall appoint any one from amongst the members of such Market Committee as Chairman to hold such office temporarily till a Chairman is elected
- (3)The Chairman or in his absence, the Vice-Chairman shall preside at every meeting of the Market Committee and in the absence of both the Chairman and the Vice-Chairman from any meeting the members present shall elect one from amongst themselves to preside over that meeting : Provided that no candidate for election to the office of Chairman or Vice-Chairman shall preside over the election. {4) When a meeting is held for the removal of the Chairman or the Vice-Chairman or both- {a) the Vice-Chairman or in his absence a member duly elected at the meeting, shall preside, if the resolution relates to the removal of the Chairman ; {b) the Chairman or in his absence a member duly elected at the meeting shall preside if the resolution relates to the removal of the Vice-Chairman ; {c) a member duly elected at the meeting shall preside if the resolution relates to the simultaneous removal of both the Chairman and the Vice-Chairman. 16. {I) The Chairman or Vice-Chairman of any Market Committee may be removed from office by a resolution adopted by at least two-third of the total numbers of the Market Committee present and voting at the meeting convened for the purpose. {2) The Government may, after giving an opportunity to explain, remove the Chairman or Vice-Chairman of a Market Committee from office if he persistently omits or refuses to carry out or disobeys the provisions of the Act or the rules made thereunder or any directive issued by the authority from time to time, or if he is deemed or becomes incapable of so acting or is declared insolvent or is convicted by a criminal court for any offence involving moral turpitude or declared disqualified under any of the provisions of this Act and the rules made thereunder. 17. {I) No business shall be transacted at any meeting of the Market Committee unless such meeting is called by the Secretary under such direction of the Chairman or the Vice-Chairman, as the case may be, required on a requisition by the members as prescribed and unless a quorum be present.
- (2)The quorum referred to sub-section {I) shall be one-third of the total number of members. {3) If at any meeting the prescribed quorum is not present the meeting shall stand adjourned to some future day to be appointed by the Chairman, Vice-Chairman or any member who may preside in the meeting, as the case may be and the members present at such adjourned meeting shall form a quorum whatever their number may be. Removal of Chairman and Vice-Chairman.