Chapter VIII OFFICERS AND SERVANTS OF BOARD AND MARKETING COMMITTEES

(1) There shall be service function wise/ branch wise to be called the “Delhi Agricultural Marketing Service” (hereinafter referred to as “the Marketing Service”) common to all the Marketing Committees and the Board for the purpose of providing officers or staff of all ranks as may be necessary for the performance of their respective function. (2) Every officer and other employee serving the Board or a Marketing Committee, prior to the constitution of the marketing Service, shall continue to hold office by the same tenure and on the same remuneration and on the same terms and condition of service as he is holding on the date of commencement of this Act, except where such tenure, remuneration and terms and conditions are altered by the Board, with the prior approval of the Government. Provided that the tenure, remuneration and terms and conditions of service of any such officer or employee shall not be altered to his disadvantage without the previous approval of the Government.

(1) The Board may make regulations to provide for any one or more of the following matters, namely: (a) the tenure of office, salaries, and allowances, provident fund, pension, gratuities, leave of absence and other conditions of service of officers and employees appointed in the Marketing Service and other staff. (b) the qualification of candidates for various posts and the manner of selection for appointment thereto. (c) the procedure to be followed in imposing any penalty, suspension, the authority to whom an appeal shall lie. (d) any other matter which is incidental to or necessary for, the purpose of regulating the appointment and conditions of service of persons appointed to services and posts under the Board or under a Marketing Committee and any other matter for which, in the opinion of the Board, provision should be made by regulation. (2) No regulation under sub-section (10) shall be made except with the prior approval of the Government.

A member of the Marketing Service shall be liable to be transferred to the Board or to any Marketing Committee or from one committee to another committee or any staff member from the office of Board to any market committee or any Marketing Committee to the Board against the comparable post by the Vice-Chairman of the Board as laid down in the regulations.

(1) Every Marketing Committee (except the Marketing Committee of national importance) shall have a Secretary to be appointed by the Vice-Chairman of the Board to the extent of fifty percent of the post from amongst the panel provided by the Government, of the Union Territory Civil Service officers with at least five years of service and fifty percent of the post shall be filled up by promotion from amongst the officers of the feeder cadre, that is to say, the officer belonging to the Marketing Service after having qualified in a departmental examination to be conducted by the Directorate of Union Territory Civil Service, Delhi in consultation with the Director. All other posts in the Marketing Service of the rank of Deputy Secretary in the existing pay scale of Rs. 6500-10500 and above shall be filled in by promotion from the officers who qualify the aforesaid departmental examination. (2) The Secretary shall be the executive officer of the committee and the custodian of all the records and properties of the marketing committee and shall exercise and perform the following powers and duties, in addition to such other duties as may be imposed on him by this Act, the rules or bye-laws made there-under, namely: (i) to convene meetings of the marketing committee or its sub-committees, if any, and maintain minutes of the proceedings thereof; (ii) to attend the meetings of the marketing committee or its sub-committees, and take part in the discussions but shall not move any resolution or vote at nay such meetings; (iii) to take action to implement the resolution of the committee and of the sub-committee and report progress in implementing such resolutions to the committee or the sub-committee, as the case may be, as soon as possible; (iv) to prepare a statement of estimated receipts and expenditure of the marketing committee for such financial year; (v) to furnish to the Government, Director, marketing committee and the Board such return, statements, estimates, statistics, and reports as may be required or called by them from time to time including report – (a) regarding the fines and penalties levied or any other action taken against the market functionaries and others; (b) regarding contravention of the provision of the Act, the rules, the regulations, the bye-laws or the standing orders by any persons; (c) regarding suspension or cancellation of licences; (d) regarding administration of the marketing committee and regulation of the marketing; (vi) to produce before the committee or the sub-committee, as the case may be, such documents, books, registers, and the like, as may be necessary for the transaction of the business of the committee or the sub-committee, and also whenever called upon by the market committee so to do; (vii) to exercise supervision and control over the act of all officers and servants of the committee; (viii) to collect fee and other moneys leviable by or due to the market committee; (ix) to be responsible for all moneys credited to or received on behalf of the marketing committee; (x) to make disbursement of all moneys lawfully payable by the marketing committee; (xi) to report to the Government, the Director, the Board, and the Vice-Chairman of the Board as soon as possible, any fraud, embezzlement, theft or loss of marketing committee fund or property; (xii) to prefer complaints in respect of prosecutions to be launched on behalf of the marketing committee and to process proceedings, civil or criminal, on behalf of the marketing committee.