Chapter III Chapter III

Constitution of Marketing Board

The Government shall establish a

Marketing Board called as the Goa Agricultural Marketing Board for the State of Goa consisting of a Chairman, a Vice-Chairman and other members. The Marketing Board shall have such powers and discharge all such functions as are vested in it by or under this Act.

The Marketing Board shall be a body corporate by the name of "the Goa Agricultural Marketing Board", and shall have perpetual succession and a common seal and it may sue or be sued in its corporate name and shall be competent to contract, acquire and hold property, both movable and immovable and to do all other things necessary for the purposes for which it is established.

1. (1) Subject to the provisions of sub- section (2), the Marketing Board shall consist of the following 1[ ] 2[ ] 3[eighteen] members, namely:—
   • (a) 4[Twelve] agriculturist members to represent agriculturists from each taluka of the State of Goa to be elected by the agriculturists only from the respective talukas;
   • (b) two female agriculturists members, one each from the North Goa District and the South Goa District, to be elected by the agriculturists only in the manner prescribed;
   • (c) one trader holding ‘A’ 5[or ‘B’] class licence to be elected from amongst traders of all classes;
   • (d) 6[two members to be nominated by the Government, one being from the office of the Registrar of Cooperative Societies, Government of Goa, and other being from the Department of Agriculture, Government of Goa, to function during the term of the Marketing Board;]
   • (e) 7[the Secretary of the Marketing Board, to function during the term of the Marketing Board.”.]
   • (h) 10[ ]
2. (2) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act, when the Marketing Board is constituted for the first time, all the members, the Chairman and the Vice-Chairman thereof shall be nominated by the Government: Provided that the Chairman and the Vice-Chairman shall be nominated from amongst the agriculturists from the State of Goa. 11[“ provided further that where the numbers of members of the Marketing Board is increased within 1 year preceding the date on which the term of the other existing members of the Marketing Board expires, the Government may nominate a person from the respective category, to such office.”. ]

1. (1) The members shall be elected in the prescribed manner. Such rules may also provide for the determination of constituencies, the preparation and maintenance of the list of voters, persons qualified to be elected, disqualifications for being chosen as, and for being a member, the right to vote, the payment of deposit and it's forfeiture, the determination of election disputes and all matters incidental and ancillary thereto, including provisions regarding election expenses.
2. (2) Except as otherwise provided in this Act, the members of the Marketing Board (not being a Marketing Board constituted for the first time) shall hold office for a period of five years and the members of the Marketing Board constituted for the first time shall hold office for a period of two years: Provided that, where the general elections of the members of Marketing Board could not be held before expiry of the term of office of its members as aforesaid, the Government may, by order published in the Official Gazette, extend from time to time, the term of office of the members of the Marketing Board, so however that, the period for which the term of office is so extended shall not exceed the period of one year in the aggregate: 12[“Provided further that person who is a member of the Marketing Board by virtue of he being a representative of traders shall hold office so long as he continues to hold ‘A’ or ‘B’ class licence.”.]
3. (3) The names of all the members of the Marketing Board shall be published by the Government in the Official Gazette and upon such publication, the Marketing Board shall be deemed to be duly constituted.

1. (1) The superintendence, direction and control of the preparation of the list of voters for the purpose of conducting election to the Marketing Board shall vest with the Marketing Board and for the purpose of preparing the list of voters and conduct of election, the Marketing Board shall constitute necessary election fund.
2. (2) Whenever the list of voters is to be prepared or revised for the purpose of conducting election to the Marketing Board, the Registrar of Co-operative Societies shall, in writing, inform the Marketing Board about the same and require the Marketing Board to submit the list of voters of different constituencies and also require to deposit with him such amount before such date as may be specified by him for meeting expenses of elections.
3. (3) The Registrar of Co-operative Societies shall, after the declaration of the result of the election, draw up a statement of the expenditure incurred in conducting the election and shall within a period of three months from such result forward the same to the Marketing Board for information. The balance amount remaining unspent, if any, shall be refunded to the Marketing Board alongwith the dead stock purchased for the purpose. If the expenditure incurred exceeds the amount of deposit, the Registrar of Co-operative Societies shall call upon the Marketing Board to pay the excess amount as specified by him within one month from the date of receipt of the direction from him and the Marketing Board shall comply with such direction.

1. (1) The term of office of members of the Marketing Board shall commence on the date of the first meeting of the Marketing Board at which business is transacted.
2. (2) The first meeting of a Marketing Board shall be held on such date as may be fixed by the State Marketing Officer or any officer authorised by him in that behalf, being a date which is within thirty days from the date on which the names of members are published in the Official Gazette. If the first meeting is, for any reason, not held within thirty days as aforesaid, the State Marketing Officer shall report the fact to the Government and state therein the reasons for the failure to hold the meeting and shall, thereafter, act according to the directions of the Government issued in that behalf.
3. (3) The term of office of outgoing members shall expire on the date immediately preceding the date of such first meeting.

the normal or extended term of office of members.— (1) Notwithstanding anything contained in sub-section (3) of section 15 or any other provisions of this Act, where the term of office of two years, five years or the extended term of office, if any, of members of the Marketing Board has expired, the Government or any officer not below the rank of Assistant Registrar authorized by it, shall, by a written order,—

1. (a) direct that all members of the Marketing Board shall, as from the date specified in the Order, cease to hold and vacate their offices as members or otherwise; and
2. (b) appoint a person or the Committee comprising of not more than three members, from time to time, as the Administrator or the Committee of Administrators, as the case may be, to manage the affairs of the Marketing Board, for the period specified in the order upto the date of the first meeting of the reconstituted Board after the election is held (hereinafter in this section referred to as the "said period") and election shall be held within a period of six months from the date, the Administrator or the Committee of the Administrators, as the case may be, assumes office: Provided that this period of six months may be extended, from time to time, by the Government, in exceptional circumstances, to a period not exceeding one year in the aggregate, by notification published in the Official Gazette, for reasons which shall be stated in such notification.

1. (2) During the said period, all the powers and duties of the Board and it's various authorities under this Act and the rules and bye-laws made thereunder or any other law for the time being in force shall be exercised and performed by the Administrator or the committee of the Administrators, as the case may be.
2. (3) The Administrator or the Committee of Administrators, as the case may be, may delegate any of his or its powers and duties to any officer, for the time being serving under him or it or under the Marketing Board.
3. (4) The Administrator or the members of the Committee of Administrators, as the case may be, shall receive such remuneration from the Fund of the Marketing Board as the Government may, from time to time, by general or special order, determine.

1. (1) Any member of the Marketing Board may resign his office by writing under his hand addressed to the Chairman and the Chairman may resign his office by writing under his hand addressed to the State Marketing Officer and such resignation shall take effect from the date it is accepted by the Chairman or the State Marketing Officer, as the case may be.
2. (2) If, at any time, it appears to the Government that the Marketing Board by reason of the resignation of all or a majority of the members thereof, is unable to discharge the functions conferred or imposed upon it by or under this Act, the Government may, by order published in the Official Gazette, nominate persons to fill the vacancies of the members who have resigned: Provided that the persons so nominated shall hold office only for the remainder of the term of the members in whose place they are nominated or until the vacancies are duly filled in by election, whichever is earlier.

The Government, on the recommendation of the Marketing Board, supported by not less than two third of its members having voting right at a meeting, may remove any member of the Marketing Board who has been found guilty of neglect or misconduct in the discharge of his duties or of any disgraceful conduct or has become incapable of performing his duties as a member or is adjudged as insolvent:

Provided that, no such member shall be removed from his office unless he has been given reasonable opportunity of being heard by the Government.

13[ Subject to the provisions of sub-section (2) of section 13, in the event of any vacancy on the Marketing Board occurring on account of death, resignation or removal of a member or otherwise, the Chairman shall forthwith communicate the occurrence of such vacancy to the Government and such vacancy shall be filled by the Government by appointing a person from the respective category thereto, who shall hold office so long as the member in whose place he is appointed would have held it, if the vacancy had not occurred:

14[Provided that the person so appointed by the Government shall hold such office during the pleasure of the Government:]

Provided further that, if the vacancy occurs within six months preceding the date on which the term of office of the member expires, such vacancy shall not be filled:

Provided also that, where there are vacancies on the Marketing Board in excess of one third of total number of members, the remaining members shall call upon the Registrar to hold the election to fill such vacancies for remaining period.”. ]

– The meeting of the Marketing Board shall be presided over by the Chairman and in the absence of the Chairman, by the ViceChairman. The Chairman and the Vice-Chairman shall be elected by the members of the Marketing Board, excluding the Secretary of the Marketing Board and the Government nominees. Only the members as mentioned in clauses 15[ ] 16[(a) and (b)] of sub- section (1) of section 12 shall be eligible to contest the elections for the post of the Chairman or the Vice-Chairman.

The Chairman and the Vice-

Chairman and Vice-Chairman to hold office until their successors enter upon office.— The Chairman and the Vice-Chairman shall, notwithstanding the expiration of their term of office, continue to hold their office, until their successors enter upon their office or the Administrator or the Committee of Administrators, as the case may be, is appointed under section 16 and assumes office.

The Chairman and the Vice-

Chairman shall be paid such honorarium as the State Marketing Officer may specify, having regard to the finances of the Marketing Board, so however that, the total amount of such honorarium to be paid shall not exceed the limit as may be prescribed.

1. (1) On the constitution of the Marketing Board after a general election or otherwise, a meeting shall be called for the election of the Chairman and Vice-Chairman on the date fixed by the State Marketing Officer under sub-section (2) of section 15.
2. (2) Such meeting shall be presided over by the State Marketing Officer or any person authorised by him in that behalf. The State Marketing Officer or such authorised person shall, when presiding over the meeting, have the same powers as that of the powers exercised by the Chairman while presiding over a meeting of the Marketing Board, but shall not have the right to vote.
3. (3) If, in the election of a Chairman or Vice-Chairman, there is an equality of votes, the result of the election shall be decided by lots to be drawn in the presence of the presiding officer in such manner as he may determine.
4. (4) In the event of a dispute arising as to the validity of the election of a Chairman or Vice-Chairman, the State Marketing Officer, if he is the presiding officer, shall decide the dispute himself and in any other case the officer/person authorised to act as a presiding officer by the State Marketing Officer shall refer the dispute to the State Marketing Officer for his decision. The decision of the State Marketing Officer, subject to an appeal to the Government, shall be final and no suit or other proceeding shall lie in any Court in respect of any such decision.

1. (1) The Chairman may resign from his office by writing under his hand addressed to the State Marketing Officer and such resignation shall take effect from the date it is accepted by the State Marketing Officer.
2. (2) The Vice-Chairman may resign from his office by writing under his hand addressed to the Chairman and such resignation shall take effect from the date it is accepted by the Chairman.

1. (1) A Chairman or Vice-Chairman shall forthwith cease to be a Chairman or a Vice-Chairman, as the case may be, if the Marketing Board at a special meeting by a resolution passed by a majority of not less than two third of its total number of members (excluding the members who have no right to vote), so decides.
2. (2) The requisition for such special meeting shall be signed by not less than half of the total number of members (excluding the members who have no right to vote) and shall be sent to the State Marketing Officer.
3. (3) The State Marketing Officer shall, within fifteen days from the date of receipt of the requisition under sub-section (2), convene a special meeting of the Marketing Board: Provided that, when the State Marketing Officer convenes such special meeting of the Board, he shall give advance written notice thereof to the Chairman or to the ViceChairman, as the case may be.
4. (4) A special meeting to consider a resolution under sub-section (1) shall be presided over, by the State Marketing Officer or such person/officer authorized by him in this behalf, but the State Marketing Officer or such person/officer shall have no right to vote at such meeting.
5. (5) The member of Marketing Board who have no right to vote may take part in the discussion.
6. (6) If the motion of no confidence is not carried or if the meeting could not be held for want of quorum, no such requisition for considering fresh such motion of no confidence in the same Chairman or Vice-Chairman shall be made before the expiry of six months from the date of such meeting.

Subject to the rules made by the Government in this behalf, a Chairman, a ViceChairman or a member, as the case may be, who absents himself from three consecutive meetings of the Marketing Board without leave of the Marketing Board, shall cease to be a Chairman, a Vice-Chairman or a member, as the case may be.

1. (1) In the event of a vacancy in the office of the Chairman or Vice-Chairman by reason of death, resignation, removal or otherwise, the vacancy shall, subject to the provisions of this Act, be filled, as soon as may be, by election or by nomination of the Chairman or Vice-Chairman, as the case may be.
2. (2) Every Chairman or Vice-Chairman elected or nominated under this section to fill a casual vacancy shall. hold office for such period as the Chairman or Vice-Chairman in whose place he is elected or nominated, as the case may be, would have held it if such vacancy had not occurred.

(1.) On the election or nomination of a new Chairman or Vice-Chairman, the out-going Chairman or Vice-Chairman in whose place the new Chairman or Vice-Chairman has been elected or nominated shall forthwith hand over charge of his office to such new Chairman or ViceChairman, as the case may be.

1. (2) If the outgoing Chairman or Vice-Chairman fails or refuses to hand over the charge of his office as required under sub-section (1), the State Marketing Officer or any Officer empowered by the State Marketing Officer in this behalf, may, by order in writing, direct the Chairman or the Vice-Chairman, as the case may be, to forthwith hand over the charge of his office and all records, funds, papers and property of the Marketing Board in his possession, if any, to the new Chairman or Vice-Chairman.
2. (3) If the outgoing Chairman or Vice-Chairman to whom a direction has been issued under sub-section (2) does not comply with such direction, the State Marketing Officer or any person authorized by him in this behalf may apply to the Sub-divisional Magistrate within whose jurisdiction the Marketing Board is functioning for seizing and taking possession of records, papers, funds and property of the Marketing Board in the possession of such Chairman or Vice-Chairman.
3. (4) On receipt of an application under sub-section (3), the Sub-divisional Magistrate may authorize any police officer, not below the rank of a Police Sub-Inspector, to enter and search any place where the records, funds, papers and property of the Marketing Board are kept or likely to be kept and to seize them and hand over possession thereof to the new Chairman or Vice-Chairman, as the case may be, who then shall be deemed to have assumed charge.

The meetings, quorum and procedure to be followed at meetings of the Marketing Board shall be regulated in accordance with the byelaws made for that purpose by the Marketing Board.

(1) During any vacancy of member in the Marketing Board, the continuing members may act as if no vacancy has occurred.

1. (2) A Marketing Board shall have power to act notwithstanding any vacancy in the office of member thereof or any defect in the constitution thereof or in any act or proceedings thereof and all such acts shall be valid notwithstanding that it is subsequently discovered that some person who was not entitled to do so, presided over the meeting of Marketing Board or voted at such meeting or otherwise took part in the proceedings of the Marketing Board.