Chapter III CONSTITUTION OF MARKET COMMITTEE

1. (1) For every delineated market area, there shall be a Market Committee consisting of a Chairperson, a Vice-Chairperson and other Members.
2. (2) Every Market Committee established under this Act shall be a body corporate by such name as the State Government may, by notification, specify. It shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract, acquire, hold, lease, sell or otherwise transfer any property, both immovable and movable and to do all other things necessary for the purpose for which it is established: Provided that no immovable or moveable property the value of which exceeds the prescribed limits shall be acquired or disposed of by the Market Committee without the prior permission of the State Government. Provided further that the State Government. may, for the reason to be recorded in writing, revoke such permission before the completion of the acquisition or execution of the deed, as the case may be. Provided also that Market Committee may, with the prior approval of the State Government. and after obtaining valuation certificate from the prescribed officer, enter into agreement with the owner of any land or building and purchase such land or building.
3. (3) Notwithstanding anything contained in any enactment for the time being in force, every Market Committee shall for all purposes, be deemed to be a local authority.
4. (4) The Market Committee shall be classified by the Director, subject to the prescribed guidelines, considering throughput and other consideration as Director deems fit, for the purpose of laying down the norms for staff, establishment expenditure and other expenses and allowances required therefor.

1. (1) The Market Committee may require a local Authority to transfer to it any land or building belonging to the local Authority which is situated within the delineated market area and which, immediately before the establishment of the market yard was being used by the local Authority for the purposes of the market and the local Authority shall within one month of the receipt of the requisition, transfer the land and or building, as the case may be, to the Market Committee on such terms as may be agreed between them.
2. (2) Where within a period of thirty days from the date of receipt of requisition by the local Authority under sub-section
3. (1) no agreement is reached between the local

Authority and the Market Committee under the said sub-section, the land or

building required by the Market Committee shall vest in the Market Committee for the purposes of this Act and the Local authority shall be paid such compensation as may be determined by the Collector under sub-section (5): Provided that no compensation shall be payable to a local Authority in respect of any land or building which had been vested in it by virtue of the provision contained in the enactment relating to the Constitution of such local Authority

without payment of any amount whatsoever may be, for such vesting.

Provided further that any party aggrieved by the order of the Collector may within thirty days from the date of such order, appeal to the State Government.

1. (3) The local Authority shall deliver possession of the land or building vesting in the Market Committee under sub- section
2. (2) within a period of seven days from such vesting and on failure of the local Authority to do so, within the period aforesaid, the Collector shall take possession of the land or building and cause it to be delivered to the Market Committee.
3. (4) The Collector shall fix the amount of compensation for the land or building having regard to -
   • (i) the annual rent for which the building might reasonably be expected to be let from year to year;
   • (ii) the condition of the building;
   • (iii) the amount of compensation paid by the Local Authority for the acquisition of such land; and
   • (iv) the cost of the present value of any building erected or other work executed on the land by the Local Authority.
4. (5) The compensation fixed under sub-section
5. (4) may, at the option of the Market

Acquistion of land for Market Committee and/ or Board

1. (1) When any land within the delineated market area is required for the purposes of this Act, and the Board or the Market Committee is unable to acquire it by

agreement, the State Government may, at the request of the Board or the Market

Committee, as the case may be, proceed to acquire such land under the provisions

State of Arunachal Pradesh, as amended upto date and on the payment of the applicable compensation awarded under that Act by the Board or Market Committee and of any other charges incurred by the Government in connection with the acquisition, the land shall vest in the Board or the Market Committee, as the case may be: Provided that once a proposal is made by the Market Committee, it shall not be withdrawn by it except for such reasons as may be approved by the State Government.

1. (2) The Board or the Market Committee shall not, without the previous sanction of the State Government, transfer any land which has been acquired for this purpose by the Board or the Market Committee under sub-section
2. (1) or divert such land to a purpose other than the purpose for which it has been acquired : Provided that the premises used for principal market yard, sub- market yard or for the purpose of the Board shall be deemed to be included in the limits

of the Municipal Council, Notified Area, Gram Panchayat or a Special Area

Consitution of the first Market Committee

1. (1) The Market Committee shall be constituted, for a delineated market area declared after commencement of this Act, all the members thereof including Chairperson and Vice-Chairperson, shall be nominated by the State Government.

The Market Committee so constituted may consist of Members including

Chairman and Vice-Chairperson, not less than Ten, which may include three agriculturist members, as may be prescribed. Other five Members may be-

1. (i) Three Members , one each from departments of agriculture/ horticulture, cooperation and agricultural marketing committee of the Government/ Administration ;
2. (ii) One from cooperative marketing society or Trader
3. (iii) one from Local Authority ( municipality, Panchayat samiti or Zila Parishad, as the case may be). Provided that the Chairperson be the Deputy Commissioner or his nominee and Vice-Chairperson shall be so nominated from amongst the agriculturist members. Provided further that State Government may abide by the reservation policy of the State Government in nomination of agriculturist Members.

1. (2) The Government or the Director shall, by an order, appoint a person to be the

Officer-in-charge as Secretary of the Market Committee for a period not exceeding

one year amongst the Agriculture Officer. Provided that in the event of death, resignation, leave or suspension of the officer-in-charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by appointment of a person thereto by the State Government or the Director and until such appointment is made, a person deputed/ nominated by the Director shall act as Officer-in- charge. The services of Officer-in-charge shall be co-terminus with the first Market Committee. Provided further that the state Government or the Director may, on proven misconduct, even before expiry of the period aforesaid, dismiss any Member including the Chairperson and Vice-Chairperson. In such event, a casual vacancy shall be deemed to have occurred and such vacancy shall be filled, as soon as

may be, by nomination of a person thereto, as the case may be, by the state

Division divide a Delineated market area for constituencies and reservation of seat

1. (1) The State Government shall, by notification or otherwise, divide a delineated market area into as much number of constituencies equal to the number of the representatives of the agriculturist to be chosen from such area but not less than ten.
2. (2) In case of direct election/selection for agriculturist Members to a Market of Committee, reservation of seats for Scheduled castes, scheduled tribes, other backward classes and women will be as per the State Government policy, as may be prescribed.

1. (1) Every person -
   • (a) whose name is entered as land owner in the village land records or is a tenant as per the State's respective Land Reforms Act ;
   • (b) who has completed the age of 18 years; and
   • (c) whose name is included in the voter's list prepared under the provisions of this Act and the Rules made thereunder, shall be qualified to vote at the election of a representative of agriculturists: Provided that no person shall be eligible to vote in more than one constituency.
2. (2) No person shall be qualified to be elected as a representative of agriculturists unless-
   • (a) his name is included in the list of voters as agriculturist of the delineated market area;
   • (b) he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force.
3. (3) No person shall be eligible for election/ selection for more than one Market Committee or constituency as the case may be

1. (1) The Vice-chairperson and elected/ selected Member shall, save as otherwise provided in this Act, hold office for a term of 3 years from the day of assuming the office or till the continuation of Market Committee, whichever is earlier.
2. (2) Notwithstanding anything contained in sub-section (1), a person who is a

Gram Panchayat or Zilla Panchayat, as the case may be, shall cease to be such member on his ceasing to be a Member of the managing committee of the society or Gram Panchayat or Zilla Panchayat concerned by efflux of his term of office or otherwise, or re-nomination by the department, as the case may be.

The term of office of the Vice-Chairperson and elected Members of a Market Committee shall commence on the date immediately after the expiry of the term of office of the outgoing office bearer of the Market Committee or on the date of first meeting of the committee convened.

acknowledgement of resignation unless within such period such Member withdraws his resignation in writing addressed to the Chairperson.

1. (1) The Vice-Chairperson may resign from their office at any time in writing addressed to the Minister, in-charge of agricultural marketing committee and the Chairperson respectively; and the office shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless within the said period of fifteen days they withdraw the resignation in writing addressed to the Minister, in-charge of agricultural Marketing committee or Chairperson, as the case may be .

1. (1) Subject to the Rules made in this behalf, every Chairperson and every Vice-Chairperson or officiating as Chairperson/ Vice Chairperson, who absents himself from three consecutive meetings of the committee, without leave of the Minister ,in-charge of agricultural marketing committee, shall cease to be the Chairperson on and from the date on which the such third meeting is held.
2. (2) Subject to the provisions of sub-section (1), every Vice- Chairperson, who absents himself from three consecutive meetings of the committee, without leave of the Chairperson, shall cease to be the Vice-Chairperson on and from the date on which the such third meeting is held.
3. (3) Leave under sub-section
4. (1) or
5. (2) shall not be granted for six consecutive meetings of the Market Committee. Whenever such leave in extreme exigencies as prescribed is granted to the Chairperson or Vice- Chairperson, the Market Committee shall elect such eligible members to discharge the duties and functions as Chairperson and Vice-Chairperson of the Market Committee, as may be prescribed.

1. (1) On election of the Chairperson or Vice-chairperson, as the case may be, the outgoing Chairperson or Vice-Chairperson shall forthwith hand over the charge of his office to the successor in office.
2. (2) If the outgoing Chairperson or Vice-Chairperson to whom a direction has been issued under sub-section
3. (2) does not comply with such direction, the Director or any Officer authorized in this behalf shall have the same powers as are vested in a Civil Court under the code of Civil Procedure, 1908 (5 of 1908) while executing a decree.

1. (1) Where the Director/Managing Director is satisfied that the books and records of a Market Committee are likely to be suppressed, tampered with or destroyed, or the funds and property of a Market Committee are likely to be misappropriated or misapplied, the Director/Managing Director may order for seizure and taking possession of the record and property of the Market Committee.
2. (2) On receipt of the Order under sub-section (1), the police officer not below the rank of sub-Inspector of the local area shall enter and search any place where the records and property are kept or are likely to be kept and to seize them and hand over possession thereof to the Director/ Managing Director or the person authorized by him, as the case may be.

1. (1) Save as provided under Section 14(1), the State Government may, by notification,

1. (2) All provisions for and in relation to the Market Committee, including election

of Chairperson, Vice-chairperson and Members made in the Act, shall mutatis

mutandis apply to the Market Committee constituted for "Market yard of National Importance".

1. (3) Save as provided under this Act, Market Committee of Market Yard of National Importance shall consist of -
   • (i) Chairperson............................................................. 1
   • (ii) Vice-Chairperson ....................................................1
   • (iii) Agriculturist..............................................................5 including 2 agriculturists one each from two other States where from arrivals are received in the MNI ( to be nominated by respective State Governments on receipts of requests for such nomination received from the Government where MNI is located).
   • (iv) Trader holding the single unified licence, resident of a delineated market area, possessing such qualifications, as may be prescribed, elected from amongst the licenced traders resident of such delineated market area of MNI........................................1
   • (v) Trader holding the inter-state trading licence nominated by the State Government, as may be prescribed ------------------------1
   • (vi) One representative of licenced commission agent as member , as may be prescribed-------------1
   • (vii) Agricultural Marketing Adviser to the Government of India or his nominee not below the rank of Under Secretary to Government of India -----------------1
   • (x) Director or his nominee (ex-officio) ----------------------------1
   • (xi) M.D/ CEO. APAPLMB ( ex- officio ) or his nominee----------------1
   • (xii) Executive Member (to be appointed by the Government, who shall function as the Secretary Market Committee of MNI)-----------------------------1

The Secretary functioning as Chief Executive Officer of the Market Committee shall be appointed by the Government/ from amongst the State's Civil Service Officers at least with ten years of service or from the panel of professionals so maintained or on deputation from Central/ State Government with experience of 10 years in agricultural marketing.

1. (1) The Executive Committee for MNI shall consist of -
   • (i) Chairperson of MNI.......................................................... .1
   • (ii) Trader holding the single unified licence of MNI ...................1
   • (iii) Director or his nominee (ex-officio).....................................1
   • (iv) M.D.,APAPLMB (ex-officio) .................................................1
   • (v) Executive Member of the Market Committee of MNI who shall be as the member Secretary of the Executive Committee ..............................1
2. (2) In case of emergency, the executive committee may decide issues requiring approval of the Market Committee. However, such decisions shall be approved by the Market Committee within forty five days from the date such decisions are taken. Failure in doing so or in the event of disapproval of such decisions by the

market committee, such decision shall stand null and void, so however, that any

such disapproval shall be without prejudice to the validity of anything

previously done under that decision:

Provided that if the Market Committee makes any modifications in such decision, the decision shall have effect only in such modified from the date of such modification.

1. (3) The Executive Committee shall meet as often as necessary but at least once in three calendar months.

The Members of the executive committee shall hold the office during the pleasure of the State Government.

All other provisions of this Act, not specified for "Market yard of National Importance", shall mutatis mutandis apply to MNI established and notified under Section 9 of this Act.