Amendment of Section 81

Amendment of Section 81.—In Section 81 of the Principal Act, for the words "Managing Director" wherever they occur, the word "Director" shall be substituted.

1. Short title, extent and commencement Short title, extent and commencement.—(1) This Adhiniyam may be called the Chhattisgarh Krishi Upaj Mandi (Sanshodhan) Adhiniyam, 2018.

1. (2) It shall extend to whole State of Chhattisgarh.
2. (3) It shall come into force from the date of its publication in the Official Gazette. 2. Amendment of Section 2 Amendment of Section 2 In sub- section
   • (I) of section 2 OF the Chhattisgarh Krishi upaj Mandi Adhiniyam, 1972 (No. 24 of 1973) (hereinafter referred ro as The Principal Act), -
   • (i) After clause
   • (cc) the following clause shall be inserted namely :-
   • (ccc) "Contract farming means farming of agriculture produce on contract basis by a person on his land under a written agreement with another person to the effect that his farm produce should be purchased at a rate specified in the agreement ;
   • (cccc) "Contract farming agreement" means the agreement made for contract farming between contract farming buyer and contract farming producer ; (ccccc) "Contract farming Producer" means a person obtaining agricultural produce on his land under a written agreement of contract farming ; (cccccc) "Contract farming buyer" means a person, company or partnership firm who purchases agricultural produce from contract farming producer under a written agreement of contract farming. 10. Appointment of officer-in-charge or in-charge Committee pending constitution of first Market Committee Appointment of officer-in-charge or in-charge Committee pending constitution of first Market Committee 10. Appointment of officer-in-charge or in-charge Committee pending constitution of first Market Committee.-
3. (1) When a market is established for the first time under this Act, the Director shall, by an order,-
   • (a) appoint a person to be the officer-in-charge, or
   • (b) appoint a, in-charge committee not exceeding seven person, for a period of not exceeding five years. The officer-in-charge or in-charge committee shall exercise all the powers and perform all the duties of the Market Committee under this Act, subject to the control of the Director: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the Officer in-charge and the in-charge officer or in-charge committee so appointed, as the case may be, shall hold office for the remaining period available to his predecessor: Provided further 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 possible by appointment of a person thereto, by the Director and until such appointment is made a person nominated by the Collector shall act as an officer-in-charge: Provided further also that, if the Market Committee is constituted before the expiration of the aforesaid period the officer-in-charge or the in-charge committee shall cease to hold office from the date of appointment for the first general meeting of the newly constituted Market Committee.
4. (2) Any officer-in-charge appointed under sub-section
5. (1) or any person or all person appointed to in-charge committee under clause
   • (b) of sub-section (1), may at any time be removed by the Director, who shall have power to appoint another person or another persons in his place, as the case may be.
6. (3) Any person appointed as officer-in-charge under sub-section
7. (1) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee.
8. (4) The officer-in-charge or the in-charge committee appointed under sub-section
9. (1) shall, notwithstanding the expiration of his term thereunder, continue to hold office till the date appointed for the first general meeting under sub-section
10. (1) of Section 13 of the newly constituted Market. 12. Amendment of Section 12 Provided further that if the Chairman of the market committee of the area of fifth Schedule to the Constitution, doesn't belong to Scheduled Tribes, the Vice-chairman shall be elected from amongst the elected members belonging to Scheduled Tribes: 56. Amendment of Section 56 "(3) When a Market Committee has been superseded, the Director may by an order-
    • (a) appoint a person to be called the officer-in-charge, or
    • (b) appoint a committee consisting not more than seven persons to be called the in-charge committee, To carry out the functions and exercise the power of the Market Committee and transfer to such officer-in-charge or in-charge committee the assets and liabilities of the superseded Market Committee as on the date of such transfer: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the officer-in-charge: Provided further 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 possible by appointment of a person thereto, by the Director and until such appointment is made a person-nominated by the Collector shall act as an officer-in-charge.
11. (4) Any officer-in-charge or any person or all person appointed to in-charge committee under clause
    • (b) of sub-section
12. (3) may at any time be removed by the Director, who shall have power to appoint another person or another persons in his place, as the case may be.
13. (5) Any person appointed as officer-in-charge under sub-section
14. (3) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee." 57. Amendment of Section 57 -1 "57. Consequences of dissolution under Section 13.
15. (1) Where a Market committee stands dissolved under sub-section
16. (2) of Section 13, the following consequences shall ensue namely:-
    • (a) all the members as well as the Chairman and Vice-Chairman of the Market Committee shall, as from the date of dissolution of such Market Committee under the said sub-section, be deemed to have vacated their offices;
    • (b) all powers and duties of the Market Committee under this Act, shall be exercised and performed. subject to the control of the Director,-
      • (i) by a person to be called the officer-in-charge as the Director may, by order appoint in that behalf,
      • (ii) by a committee consisting of not more than seven persons to be called the in-charge committee as the Director may, by order appoint in that behalf: Provided that the Director may at any time appoint an officer-in-charge in place of in-charge committee and in-charge committee in place of the officer-in-charge: Provided further 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 possible by appointment of a person thereto by the Director and until such appointment is made a person nominated by the Collector shall act as an officer-in-charge;
    • (c) all property vested in the Market Committee shall vest in the officer-in-charge or the in-charge Committee in trust for the purposes of this Act.
17. (2) Any officer-in-charge or any person or all persons appointed to in-charge committee under sub-clause
    • (ii) of clause
    • (b) of sub-section
18. (1) may at any time be removed by the Director who shall have power to appoint another person or another persons as the case may be.
19. (3) Any person appointed as officer-in-charge under sub-section
20. (1) shall receive from the Market Committee Fund for his services such Honorarium as may be fixed by the Government, and each member of the in-charge committee shall be entitled to receive allowances from the market committee fund at such rate as the allowances payable to the members of the Mandi Committee.
21. (4) The officer-in-charge or the in-charge committee shall cease to hold office on the date appointed for the first general meeting of the Market Committee as reconstituted."