The State

Government may, at any time during the period ol his office remove by notification. any member, if such member has, in its opinion,been guilty of misconduct or neglect of duty or has lost the qualification on the strength of which he was nominated: Provided that before the Board notilies the removal ol a member under this section, the reasons for his proposed removal shall be communicated to the member concerned and he shall be given an opportunity of tendering an explanation in writing : Provided lurther that any vacancy of the non- otlicial members arising as a result of death, resignation, retirement, transfer or removal shall be filled in as early as practicable. 34. (1) Committee shall meet for the transaction of its business at least once in three months provided that the Committee may in specialcircumstances meet at any time and at any place in the market atea. (2) The Chairman shall preside over meetings ol the Commitlee and if he/she is absent, the Vice- Chairman shall preside over the meeting of i' committee and if both are absent one members present in the meeting as chosen by the members present Chairman. (3) SubJect to the provisions oI this A shall conduct its business as r

35. No act of Committee or ol any Sub-Committee thereof or of any person acting as a member, Chairman, Vice Chairman, presiding Authority or Secretary of the Committee shall be deemed to be invalid by reason only of some defect in the constitution or appointment of such Committee, Sub-Committee, Members, Chairman, Vice-Chairman, presiding authority or Secretary of the Committee or on the ground that they or any of them were disqualified for such office, or that forrnal notice of the intention to hold meeting of the Committee orof the Sub-Committee was not given duly or by reason of such act having been done during the period of any vacancy in the olfice of the Chairman, Vice Chairman, or Secretary of the Committee or member of such Committee or Sub-Committee or for any other inlirmity not affecting the merits of the case. 36. (1) Subjecttothe provisions of this Act, the Committee may :- (a) enforce the provisions of this Act, and the rules and bye-laws made thereunder in the notified markets. (b) establish a market in the market area and provide such facilities for persons visiting in connection with the purchase, sale, storage, weighment and processing of horticultural produce concerned as the Board may, from time to time direct. (c) do such other act as may be required in the relation to the superintendence, direction and control of market or for regulating marketing ol horticultural produce in any place in the market area and Ior the purposes connected with the matters aloresaid, and for that purpose may exercise such powers provided under this Act ; and (d) do all such other acts which may bring complete transparency in the pricing system and transaction taking place in the market area. (2) Wilhout prejudice to the generality of the foregoing provisions, the Committee may :- (i) Maintain and manage the market yards and sub-yard market yards within the market area. Act of Committee not to be invalidated Powers and functions of the Committee.

8B (ii) Provide necessary facilities for the marketing and tacilities for the transportation of horticultural produce within the market yards and sub-market yards and outside the yards and within the sub-market yards and outside sub- market yards in the market area. (iii) Regulate, conduct or supervise the auction of notilied Horticultural produce in accordance with the provision and procedure laid down under the rules made under lhis Act or bye-laws of the Committee. (iv) Regulate the making. carrying out and enforcement or cancellation of agreements of sales weighment, delivery, payment and all other matters relating to the market of notilied Horticultural produce in the manner prescribed. (v) Provide for the settlement ol all disputes betyveen the seller and the buyer arising out on any kind of transaction Horticullural produce and all matters ancillary thereof. (vi) Take all possible steps to prevent adulteration of notilied Horticulture produce. (vii) Make registration for weighmen and labour for weighing and transporting of goods in respect of transactions held in the market yard or sub-yards (viii) Set up and promote public-private partnership in management of the markets. (ix) Promote public -private partnership for carrying out extension activities in its area viz, collection, maintenance and dissemination of information in respect of production. sale. storage. processing. prices and movement of notified Horticulture produce. (x) Levy, take, recover and receive rates, charges, fees and other sums of money to which the Committee is entitled. (xi) Regulate the entry of persons and vehicles, trattic into the market yard and sub-market yard visiting the market.

(xii) Compound otlences committed under this Acl (except section 27) or rules and bye-laws made thereunder. (xiii) Acquire land and dispose off any movable or immovable property for the purpose of efliciently carrying out its duties. (xiv) lnstitute or defend any suit, prosecution, action, proceeding, application or arbitration and compromise such suit, action, proceeding, application or arbitration. (xv) Keep a set of standard weights and measures in each principal market yard and sub-market yard against which weighment and measurement may be checked. (xvi) lnspect and venfy scales, weight and measures in use in a market area and also the books of accounts and other documents maintained by the market functionaries in such form and in such manner as may be prescribed. (xvii) Arrange to obtain fitness (health) certificates from which are bought or sold in the market yard or market area. (xviii) Cany out publicity about the benetits of regulation, the system of transaction, facilities provided in the market yard etc; through various means such as poster, pamphlets, hoardings, cinema slides, film shows, group meetings, electronic media etc; or through any other means considered more etleclive 0r necessary. (xix) Ensure payment in respect of transaction which take place in the market yard to be made on same day to the sellel, and in default to seize the Horticultural produce in question alongwith other property of the person concerned and to arrange tor re-sale thereof and in the event of loss, to recover with charges lor recovery of the losses, if any, lrom the original buyer and effect payment of the price of the Horticulture produce to the seller.

Registration of market functionaries (xx) Recover the charges in respect of weighmen and distribute the same totheweighmen and iabour if not paid by the purchaser or seller, as the case may be. (xxi) Collect and maintain information in respect of production. sale, storage. processing prices and movement of notified Horticulture produce and disseminate such information as may be directed by the Board. (xxii) With a view to maintain stability in the market, take suitable measures to ensure that traders do not buy Horticultural produce beyond their capacity and avoid risk to the sellers in disposing otf the produce, and grant llcenses only after obtaining necessary security in cash as bank guarantee according to the capacity of the buyers ; and (xxiii)Promote and undertake Horticu ltu re processing including activity for value addition in Horticultural produce. (3) With the prior sanction of the Board, lhe Committee may undertake the lollowing functions:- (l) Construction of roads, godowns, ropeways and other inlrastructure in the market area to facilitate marketing of Horticultural produce and for the purpose give funds by the Board. (ll) To provide on rent storage facilities for stocking of Horticulture produce to Horticultural producers. (lll) To promote and encourage e-trading, system, create inlrastructure and undertake other activities and steps needed thereof. (lV) To maintain and circulate lrom time to time the data ol arrivals and rates of Horticulture produces standard-wise brought into the market area for sale as may be prescribed. ('1) Every person who, in respect of notified Horticulture produce, desires to operate in the market area as lrader, commission agent, weighmen, labour, surveyor, ware housemen, contract farming buyer, owner or occupier of

(21 (3) (4) 38. (1) (2) processing factory or any other market functionaries, shall apply to the Secretary ol registration in such manner and within such period as may be prescribed. The Secretary of the Committee shall be the authority to grant registration certificate with lhe prior approval of the Committee. Provided that any person may buy Horticultural produce in the market yard/sib-market yard on day to day basis even without getting registered. Provided lurther that any person who desires lo trade or transact or deal in any notified Horticultural produce in more than one market area, shall get registered, for respective function lrom the Secretary of the Board. No broker. trader, weighmen, surveyor, godown keeper or other functionaries shall, unless duly registered, carry on his occupation in a notified market area in respect of the notified Horticultural produce under this Act. Every applicalion for such registration shall be accompanied with such fee as may be prescribed. The Committee may register or renew the registration or refuse registration or renewal of the registralion or cancel the registration on any of the following grounds :- (l) If the applicant is a minor. (ll) lf the applicant has been declared defaulter; or (lll) lf the applicant has been found guilty under this Act, the rules and bye-laws made thereunder. Every Committee shall have a Secretary who shall be appointed by the State Government in accordance with the recruitment and promotion rules as may be prescribed. The Secretary of the Committee shall be the ex- oflicio Secretary of the Comrnittee and shall be custodlan of all the records and properties of the Committee. Appointment of Secretary of the Committee.

Appointment ot Sub- Committee and delega- tion of powers. Powers and duties ol the Secretary of Committee 39. The Committee may appoint a sub-committee for the conduct ol any work or to report on any matter and may delegate to such sub-committee such of its powers or duties as it think fit.