Chapter V-A THE GUJARAT STAT E AGRICULTURAL MARKETING BOARD.

(1) The State Government may, by notification in the Official Gazette, establish, with effect from such date as may be specified in such notification, a Board to be called “the Gujarat State Agricultural Marketing Board”. (2) The Board shall be a body corporate, and shall have perpetual succession and a common seal, and may in its corporate name sue and be sued and shall be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and to do all other things necessary for the purposes for which it is established. (3) The Board shall be deemed to be a local authority within the meaning of clause (26) of section 3 of the Bombay General Clauses Act, 1904.

(1) The Board shall consist of the following members, namely :— (i) the Chairman, who shall be nominated by the State Government; (ii) nine members to be elected from amongst themselves by representatives consisting of one member each of a market committee to be determined from amongst such of its members who are agriculturists by a resolution passed by such market committee; (iii) three members to be elected from amongst themselves by representatives consisting of one member each of a Market Committee to be determined from amongst such of its members who are trades by a resolution passed by such market’s Committee ; (iv) the Secretary to the Government of Gujarat, Agriculture and Rural Development Department or an Officer of that Department nominated by the Secretary, ex-officio ; (v) the Secretary to the Government of Gujarat, Co-operation Department or an Officer of that Department nominated by the Secretary, ex-officio ; (vi) the Registrar of Co-operative Societies, Gujarat State, ex-officio; (vii) the Director of Agricultural Marketing, Gujarat State, ex-officio; (viii) the Agricultural Marketing Advisor to the Government of India or his representative ; (ix) the Managing Director of the Board, ex-officio : Provided that when the Board is constituted for the first time, the members under clauses (ii) and (in)shall be persons nominated by the State Government and shall hold office for a period of two years from the date of their nomination, such period being extensible by the State Government for a further period of two years so however that the total period shall not exceed four years in the aggregate. (2) (a) Election of the members of the Board under clauses (ii) and (iii) of sub-section (1) shall be held in such manner as may be prescribed. (b) Any dispute relating to the election of the members referred to in clause (a) shall be referred to the State Government or an officer authorized by the State Government in this behalf, and the decision of the State Government or the officer so authorized, as the case may be, shall be final. (3) The State Government shall cause the names of the members of the Board who are elected under clause (ii) or (iii) of sub-section (1) to be published in the Official Gazette.

A person shall be disqualified for being elected as a member of the Board if he— (a) does not ordinarily reside within the State and whose name is not included in the electoral roll of the Gujarat Legislative Assembly prepared under the provisions of the Representation of the People Act, 1950, and which is for the time being in force ; or (b) has not completed the age of 25 years ; or (c) is of unsound mind and stands so declared by a competent court; or (d) is an uncertified bankrupt or undischarged insolvent; or (e) has been convicted of any offence which, in the opinion of the State Government, involves moral turpitude ; or (/) is a Director, Secretary, Manager or other salaried officer of any incorporated company or any firm which has any share or interest in any contract or employment with, by, or on behalf of, the Board or any market committee; or (g) has been, at any time, found guilty of an offence punishable under this Act.

(1) Save as otherwise provided in section 34B, every member of the Board, whether elected or nominated, shall hold office for a period upto the end of four years,— (a) in the case of an elected member, from the date of publication of his name in the Official Gazette under sub-section (3) of section 34A; and (b) in the case of a nominated member, from the date of his nomination : Provided that the State Government may, from time to time, by notification in the Official Gazette, extend the term of office of such members for a further period not exceeding one year in the aggregate. (2) Every member of the Board shall be paid such allowances and fees as may be prescribed. (3) The allowances and fees to the members shall be paid from the Development Fund.

(2) The Board shall meet at such time and places, and shall subject to the provisions of sub-section (2) observe such rules of procedure in regard to the transactions of its business as may be provided by regulations. (2) A member, who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into, by or on behalf of the Board or any market committee, shall at the earliest possible opportunity disclose the nature of his interest to the Board and shall not be present at any meeting of the Board when the contract, loan, arrangement or proposal discussed unless he is required by the other members for the purposed eliciting information, and shall not vote thereon.

(1) If a member— (a) becomes subject to any of the disqualifications mentioned in section 34B; or (b) tenders his resignation in writing to, and such resignation is accepted by, the Managing Director, and in the case of the Chairman, by the State Government; or (c) is absent without the permission of the Board from three consecutive meetings of the Board ; he shall cease to be a member. (2) In every case where a dispute arises as to whether a member has ceased to be a member or not it shall be decided by the State Government after giving an opportunity to the member to be heard.

Any vacancy of a member of the Board shall be filled as early as practicable, and in the like manner as if the nomination or election were being made under section 34A : Provided that during any such vacancy the continuing members may act as if no vacancy had occurred.

Where the Chairman of the Board is by reasons of illness or otherwise rendered temporarily incapable of carrying out his duties, or is granted leave of absence by the State Government or is otherwise unable to attend to his duties in circumstances not involving the cessation of his membership under section 34F, the State Government may appoint another person to act in his place and carry out duties and functions entrusted to him by or under this Act until such Chairman resumes his duties.

No disqualification of, or defect in the appointment of, any person acting as the Chairman or a member of the Board shall vitiate any act or proceeding of the Board, if such act or proceeding is otherwise in accordance with the provisions of this Act.

The Managing Director appointed by the State Government under section 341 shall— (i) appoint officers and servants of the Board in accordance with the procedure prescribed by regulations ; (ii) exercise supervision and control over officers and servants of the Board (iii) incur expenditure from the Development Fund on sanction d items of work; (iv) in cases of emergency, direct the execution or stoppage of any work and doing of any act which requires the sanction of the Board; (v) prepare annual budget of the Board in consultation with the Director of Agricultural Marketing, Gujarat State-:, for consideration of the Board ; (vi) arrange for internal audit of the Board ; (vii) arrange for convening and holding of the meetings of the Board and maintain records of proceedings of meetings of the Board in such manner as may be prescribed by regulations ; (viii) take such steps as may be deemed necessary for execution of decisions of the Board ; (ix) authenticate, by his signature, orders, decisions and other documents of the Board ; (x) inspect construction works undertaken by the market committees, either from their own funds or loans or grants provided by the Board or any other agencies, and report omissions in such construction works to the Board and the Director of Agricultural Marketing, Gujarat State and take all corrective measures ; (xi) report to the State Government all such acts, either of the market committees or of the Board, as are contrary to the provisions of this Act, the rules and the regulations ; (xii) take such steps as may be deemed necessary for effective discharge of the functions of the Board.

(1) There shall be established a fund to be called the State Agricultural Marketing Development Fund which shall be maintained and administered by the Board. (2) The amount standing to the credit of the State Agricultural Produce Market Fund under section 34 immediately before the commencement of the Gujarat Agricultural Produce Markets (Amendment) Ordinance, 1985 shall, on such commencement, stand transferred to, and form the corpus of, the Development Fund. (3) The following shall form part of, or be paid into, the Development Fund, namely:– (a) all contributions received by the Board from the market committees under sub-section (1) of section 34M ; (b) all contributions and grants made or sanctioned to the Board by the State Government Under sub-section(2) of Section 34M; ; (c) any sums borrowed by the Board ; (d) all incomes or moneys received by the Board from any source whatsoever including income or charge levied by it or donations or grants, received from the local authorities, market committees or other institutions and individuals ; (e) amounts recovered as an arrear of land revenue under sub-section (3) of section 34T; (j) such other sums as the State Government may, from time to time, specify. (4) All expenditure incurred by the Board shall, from time to time, be defrayed out of the Development Fund and surplus, if any, shall be invested by the Board in public securities or shall be deposited in any scheduled bank, as defined in the Reserve Bank of India Act, 1934 or in a co-operative bank approved by the State Government for this purpose.

(1) Every market committee shall pay to the Board as contribution an amount equal to such percentage of its income as may be prescribed from time to time by the State Government. (2) The State Government may, every year, make payment to the Board, by way of contribution or grants of an amount not less than five percent of the aggregate amount contributed to the Board by the market committees under sub-section (1). (3) The contribution or payment received by the Board under sub-section (1) and sub-section (2) shall be credited to the Development Fund.

(1) The Board, may, from time to time, with the previous approval of the State Government and subject to the provisions of this Act and to such conditions as the State Government may, by general or special order, determine, borrow any sum required for the purposes of this Act by issue of bonds or stocks. (2) Such bonds or stocks shall be issued, transferred, dealt with or redee, med in such manner as the State Government may, by general or special order, direct. (3) The Board may, for carrying out the provisions of this Act, borrow money from the State Government or may, with the previous approval of the State Government, borrow money— (i) from any scheduled bank or other bank or financial institution or other agency ; or (ii) by issue of debentures on the security of any property vested in the Board or on security of a part of its future income accruing to it under this Act.

(1) The accounts of the Board shall be audited annually by such auditors and on payment of such audit fees, as may be prescribed. (2) The Board may, with the prior approval of the State Government, make arrangements for internal audit of its accounts in consultation with the Examiner of Local Fund Audit. (3) To carry out the auditing under this section, the auditors shall have access to all relevant records of the Board.

Subject to the rules made in this behalf, the Board may, by general or special order, delegate to the Chairman or Managing Director, or any committee appointed by it under section 34E or to any officer of the Board, such of the powers and duties as are conferred on the Board by or under this Act,

The Board may appoint committees consisting of its members, which may include the Chairman or the Managing Director, for the purposes of performing any of its duties or functions conferred on it by or under this Act.

(1) The State Government with a view to satisfying itself that the powers, functions and duties conferred on the Board by or under this Act are exercised and performed by it properly may, at any time, appoint any person or persons to make inquiries into all or any of the activities of the Board in such manner as may be prescribed and to report to it the result of such inquiries. (2) The Board shall give to the person or persons so appointed all facilities for the proper conduct of the inquiries and shall produce before such person or persons any document or information in possession of the Board, if such person or persons so demand for the purpose of such inquiry.

(1) The Chairman, other members, officers or servants of the Board shall be liable for the loss, waste or misapplication of any money or property of the Board, if such loss, waste or misapplication is, in the opinion of the State Government, a direct consequence of the neglect or misconduct on his part as such Chairman, other member, officer or servant. (2) If after giving such Chairman, other member, officer or servant a reasonable opportunity for showing cause to the contrary, an officer authorised by the State Government is satisfied that the Chairman, other member, officer or servant was party to the loss, waste or misapplication of any money or property of the Board or that the loss, waste or misapplication is a direct consequence of the neglect or misconduct on his part, the officer so authorised shall, by an order in writing, direct such Chairman, other member, officer, or servant, as the case may be, to pay to the Board within two months the amount required to be reimbursed to it for such loss, waste or misapplication. (3) If the amount is not so reimbursed it shall be recovered as an arrear of land revenue under the order of the officer so authorised and credited to the Development Fund. (4) Any person aggrieved by the order or action of the officer so authorised may, within one month from the decision or action, apply to the State Government for redress of his grievance. (5) The State Government may, after hearing the applicant and taking such evidence as it thinks necessary, confirm, modify or set aside the order and also make such order as to costs as it thinks proper.

(1) If the State Government after giving the Board an opportunity to render an explanation is satisfied that the Board has made a default in performing any duty or obligation imposed or cast on it by or under this Act, the State Government may fix a period for the performance of that duty or obligation and give notice to the Board accordingly. (2) If in the opinion of the State Government the Board fails or neglects to perform such duty or obligation within the period so fixed for its performance, the State Government may by order supersede the Board and thereafter reconstitute the Board : Provided that no such order shall be made unless an opportunity is given to the Board to show cause against such order. (3) After the supersession of the Board and until it is reconstituted in the manner laid down in this Chapter, the powers, duties and functions of the Board shall be carried on by the State Government or by such officer or officers or body of officers as the State Government may appoint for the purpose from time to time and the cost thereof shall be met from the Development Fund. (4) All property vested in the Board shall, during the period of supersession, vest in the State Government.