Vidhi Codex

section 3

Himachal Pradesh Marketing Board

The Himachal Pradesh Agricultural Produce Markets Act, 1969
General196945 sections
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Statutory text
  1. (1) The State Government may, for exercising the powers conferred on, and performing the functions and duties assigned to, the Board by or under this Act, establish and constitute a Himachal Pradesh Marketing Board consisting of a Chairman to be appointed by the Government and 15 members of whom 5 shall be officials and 10 non-officials to be nominated by the State Government in the following manner :—
    • (a) the official members shall include the Director, the Deputy Director (Agriculture Marketing) Himachal Pradesh and 3 other officials nominated by the State Government;
    • (b) of non-official members,—
      • (i) two shall be producer members of the committees,
      • (ii) four shall be other progressive producers of Himachal Pradesh;
      • (iii) three shall be from among such persons licenced under section 8 who are members of the committees;
      • (iv) one representing co-operative societies.
  2. (2) There shall be a Secretary of the Board who shall be appointed by the State Government from amongst the Joint and Deputy Directors of Agriculture Department of the State Government.
  3. (3) The Board shall be a body corporate as well as local authority by the name of the Himachal Pradesh Marketing Board, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire and hold property and shall, by the said name, sue and be sued.
  4. (4) The term of the office of the non-official members of the Board shall be three years.
  5. (5) No person shall be eligible to become a member of the Board who,—
    • (a) does not ordinarily reside within Himachal Pradesh;
    • (b) is below 25 years of age;
    • (c) has been removed under sub-section
  6. (7) of section 13;
    • (d) is of unsound mind; or
    • (e) has been declared as insolvent or sentenced by a criminal court, whether within or outside Himachal Pradesh for an offence involving moral turpitude: Provided that the disqualification under clause
    • (e) on the ground of a sentence by a criminal court shall not apply after the expiry of four years from the date on which the sentence of such person has expired.
  7. (6) The Chairman of the Board may resign by tendering his resignation to the State Government and a member other than the Chairman of the Board may resign from the membership by tendering his resignation to the State Government through the Chairman of the Board and the seat of such Chairman or the member, as the case may be, shall become vacant on the date of acceptance of his resignation.
  8. (7) The State Government may remove any non-official member of the Board who has become subject to any of the disqualifications specified in sub-section
  9. (5) or who is, in its opinion, unfit to act as a member or remiss in the discharge of his duties or whose continuance as a member of the Board is considered to be prejudicial to its interest and may appoint another member in his place in the manner as prescribed in sub-section (1), from the category to which the removed member belongs : Provided that before removing a member, the reasons for the proposed action shall be conveyed to him and his reply invited within a specified period and duly considered : Provided further that the term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period allowed under sub-section (4). (7-A) Subject to the rules made under this Act, the Board may, with the approval of the State Government, frame bye-laws for,—
    • (a) regulating the transaction of business at its meeting;
    • (b) assignment of duties and powers of the Board to its Chairman, Secretary or persons employed by it; and
    • (c) such other matters which are to be or may be prescribed under the bye-laws.
  10. (8) One third of the total members shall constitute a quorum at a meeting of the Board. All questions that may come before a meeting of the Board shall be determined by a majority of votes of the members present and in case of equality of votes, the Chairman may exercise a casting vote; Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business. (9)
    • (a) An estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared by the Board and submitted for sanction to the Government not later than the first week of February each year. On the sanction of the budget by the Government, the Board shall have power to operate upon it.
    • (b) The State Government shall sanction and return budget within two months from the date of the receipt thereof. If it is not received within two months it shall be presumed to have been sanctioned.
  11. (10) Subject to the provisions of this Act and the rules and bye-laws made thereunder, the Board may employ such persons for the performance of the functions, of the Board under this Act, and may give them such remuneration, as it may think fit, and may suspend, remove, dismiss or otherwise punish any person so employed.
  12. (11) The Chairman of the Board and its Secretary shall have the same powers as are respectively conferred under the financial rules of the State Government on the Head of Department and Head of Office and exercise such other powers and discharge such other duties as may be prescribed.
  13. (12) The State Government shall exercise superintendence and control over the Board and its officers and may call for such information as it may deem necessary and, in the event of its being convinced that the Board is not functioning properly, or is abusing its powers or is guilty of corruption or mis-management, it may suspend the Board, and till such time as a new Board is constituted, make such arrangement for the exercise of the functions of the Board and of its Chairman as it may think fit: Provided that the Board shall be constituted within six months from the date of its suspension.
  14. (13) The Board shall exercise superintendence and control over all market committees established and constituted under this Act.
  15. (14) The Chairman of the Board may, on administrative grounds, transfer employees of one market committee to another, and of a market committee to the Board and vice versa.
  16. (15) The Board may delegate any of its powers to the Chairman, Secretary, or officers of the Board.
  17. (16) The Board or the Chairman of the Board or its Secretary or any other officer authorised by the Board shall have the power to call for any information, records or returns relating to agricultural produce from a market committee or a dealer or other functionaries and shall also have the power to inspect the accounts of a market committee or a dealer or other functionaries and in case any irregularity comes to its or his notice shall have the power to suspend or cancel the licence of any licensee.
  18. (17) The State Government may delegate to the Board or its Chairman any of the powers conferred on it by or under this Act.
  19. (18) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof.
  20. (19) The Board may, with the prior approval of State Government, by notification, declare its intention of exercising control over the purchase, sale, storage and processing of such agricultural produce, and in such area as may be specified in the notification. Such notification shall state that any objections or suggestions which may be received by the Board within a period to be specified in the notification, will be considered : Provided that such period shall not be less than one month. 3-A. The Chairman and his term of office etc
  21. (1) The State Government shall appoint any of the members of the Board to be its Chairman who shall perform such duties and exercise such powers as may be assigned to or conferred upon him.
  22. (2) The term of office of the Chairman appointed under sub-section
  23. (1) shall, unless the State Government otherwise directs, be coterminus with the term of the non-official members of the Board and he shall be paid such remuneration and allowances as may, from time to time, be fixed by the Government.
  24. (3) Notwithstanding the expiration of the term mentioned in sub-section (2), the Chairman shall continue to hold office until the vacancy caused by the expiration of the term has been filled up: Provided that no vacancy shall be allowed to remain unfilled for more than 6 months.
  25. (4) Whenever there is a temporary vacancy in the office of the Chairman the Government may appoint another member of the Board to act as the Chairman during the period of such vacancy and shall pay to him such remuneration and allowances as may be fixed by it. 3-B. Supersession of the Board
  26. (1) If at any time the State Government is satisfied that the Board is incompetent to perform or persistently defaults in performing the duties imposed on it by or under this Act, or abuses the powers conferred on it, the State Government may, by notification, supersede the Board : Provided that before issuing any such notification, the State Government shall give a reasonable opportunity to the Board to make representation against the proposed supersession and shall consider the representation, if any, of the Board.
  27. (2) When the Board is superseded under the provisions of sub-section (1),—
    • (a) all the members including the Chairman of the Board, notwithstanding that their term of office has not expired, shall, from the date of supersession, vacate their offices as such members or the Chairman, as the case may be ;
    • (b) all the powers and duties of the Board shall, during the period of supersession, be exercised and performed by such persons as the State Government may appoint in this behalf and their remuneration shall be such as may be fixed by the Government ;
    • (c) all funds and other properties vested in the Board shall, during the period of supersession, vest in the State Government ; and
    • (d) as soon as the period of supersession expires, the Board shall be reconstituted in accordance with the provisions of this Act.

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