Chapter III CONSTITUTION OF MARKET COMMITTEE

(1) Save as provided in Chapter IX, for every market area, there shall be a market committee having jurisdiction over the entire market area. (2) Every market committee established under this Act shall be a body corporate by such name as the State Government may by notification specify. It shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold, lease, sell or otherwise transfer any property and to do all other things necessary for the purpose for which it is established: Provided that no immoveable property shall be acquired or transferred without the permission of the 3[Director of Agricultural Marketing] : 2[Provided further that the 3[Director of Agricultural Marketing] may, for reasons to be recorded in writing, revoke such permission before the completion of the acquisition or the execution of the deed of transfer as the case may be.] 4[Provided also that Market Committee may, with the prior approval of the Director of Agricultural Marketing and after obtaining valuation certificate from the Deputy Commissioner, enter into agreement with the owner of any land or building and purchase such land or building.] 1[(3) Notwithstanding anything contained in any law for the time being in force every market committee shall for all purposes be deemed to be a local authority.] 1. Substituted by Act 17 of 1980 w.e.f. 30.6.1979. 2. Inserted by Act 4 of 1982 w.e.f. 1.5.1968. 3. Substituted by Act 35 of 1986 w.e.f. 17.6.1986. 4. Inserted by Act 16 of 1991 w.e.f. 1.8.1991. *10. Constitution of the first market committee.- (1) Notwithstanding anything contained in section 11, 1[the first market committee constituted for a market area declared after the commencement of this Act under section 4] shall consist of the following members nominated by notification by the State Government:- (i) 5[ 3[ 2[fourteen agriculturists of whom three shall be women] and 4[one person] 1. Substituted by Act 19 of 1969 w.e.f. 1.5.1968 2. Substituted by Act 17 of 1980 w.e.f. 30.6.1979 3. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 4. Substituted by Act 13 of 2002 w.e.f. 11.4.2002 5. Substituted by Act 20 of 2016 w.e.f 27.07.2016. belonging to the Scheduled Castes, one person belonging to the Scheduled Tribes] , one person falling under category 'A' and one person falling under category'B'] residing in the market area, not disqualified under sub-clause (a) of clause (1) or clause (2) of section 16; (ii) 1[one trader] 1. Substituted by Act 17 of 1980 w.e.f. 30.6.1979 2. Inserted by Act 16 of 1991 w.e.f. 1.8.1991 2[other than a retail trader] residing in the market area not disqualified under clause (2) of section 16: 1[(iii) x x x] 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991 1[(iv) one shall be a member of the committee of management of a Co-operative Marketing Society carrying on business in notified agricultural produce within the market area, who is not disqualified under section 16;] 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 1[(v) one shall be a member of the committee of management of a an Agricultural Co- operative Processing Society carrying on business in notified agricultural produce within the market area, who is not disqualified under section 16;] 1. Inserted by Act 16 of 1991 w.e.f. 1.8.1991 1[(vi), (vii) x x x] 1. Omitted by Act 17 of 1980 w.e.f. 3.11.1979 1[(viii) one shall be an officer not below the rank of the Secretary of the concerned market committee, nominated by the Director of Agricultural Marketing, who shall have no right to vote under section 44;] 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991. 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991. 1[(ix)x x x] Provided that if suitable persons of the categories specified in any category of 1[clauses (ii), (iv) and (v)] are not available, the committee shall consist only of persons of the available categories nominated by the State Government: 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 Provided further that when suitable persons of the categories not nominated earlier become available subsequently, they may be nominated as members and such members shall hold office so long as the members first nominated hold the office of members. 1[(1A) x x x] 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991 (2) The State Government shall by notification nominate the Chairman and the Vice- Chairman from among the members nominated under clause (i) of sub-section (1). (3) The notifications under sub-sections (1) and (2) shall be issued as soon as possible after the issue of a notification under sub-section (2) of section 6 declaring any specified area as the market. (4) (a) Save as otherwise provided in this Act, 1[but subject to the pleasure of the State Government] the members of the first market committee shall hold office for a period of two years from the date of notification under sub-section (1): Provided that the State Government may by notification extend the term of office of the members by such period or periods not exceeding 2[two years] in the aggregate. 1[(b) A person who is nominated as a member under 2[clause (iv) or (v)] of sub-section (1) shall hold office so long only as he continues to be the member of the 2[Co- operative Marketing Society or Agricultural Co-operative Processing Society] .] (c) In the event of a vacancy occurring on account of death, resignation or otherwise, the vacancy shall be filled by nomination by the State Government and the person nominated shall hold office so long only as the member in whose place he is nominated would have held it, if the vacancy had not occurred. This Section and Section 11, 63(2) and 75 were amended , new section 77A was inserted and section 78 was substituted by Act 16 of 1998 but the said amendments are not yet brought into force. The text of the amendment etc., made is at the end of the Act. *11. Constitution of second and subsequent market committees.- (1) Save as provided in section 10, every market committee shall consist of the following members, namely:- 1[(i) eleven members shall be persons elected by the agriculturists in the market area of whom 2[two shall be a woman] , one shall be a person belonging to the Scheduled Castes, one shall be a person belonging to Scheduled Tribes and two persons belonging to the Backward Classes out of which one shall be from persons falling under Category 'A' and one shall be from persons falling under category 'B': Provided that if no person belonging to the Scheduled Caste is available, the seat reserved for that category shall also be filled by a person belonging to the Scheduled Trbies and vice versa: Provided further that if no persons falling under category 'A' is available, the seat reserved for that category shall also be filled by a person falling under category 'B' and vice versa.] * 1. Inserted by Act 17 of 1980 w.e.f. 30.6.1979 2. Substituted by Act 8 of 2001 w.e.f. 24.1.2001 1. Substituted by Act 17 of 1980 w.e.f. 3.11.1979 2. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 1. Substituted by Act 13 of 2002 w.e.f. 11.4.2002 2. Substituted by Act 20 of 2016 w.e.f 27.07.2016. 1[(ii) one member shall be a person elected by the traders other than retail traders, in the market area;] 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 1[(iii) x x x] 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991 1[(iv) one member shall be a representative of Co-operative Marketing Societies carrying on business in notified agricultural produce within the market area, who is not disqulaified under section 16, elected by the committee of management of such socities;] 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 1[(v) one member shall be a representative of Agricultural Co-operative Processing Socities carrying on business in notified agricultural produce, within the market area, who is not disqulified under section 16, elected by the committe of management of such socities:] 1. Clause (v) with provisos was omitted by Act 17 of 1980 w.e.f. 3.11.1979 and Clause (v) inserted by Act 16 of 1991 w.e.f. 1.8.1991 1[(vi), (vii) x x x] 1. Omitted by Act 17 of 1980 w.e.f. 3.11.1979 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 1[(viii) one shall be an officer not below the rank of the Secretary of the concerned Market Committee nominated by the Director of Agricultural Marketing, who shall have no right to vote under section 41 or section 44.] 3[ 2[ 1[(ix) three members shall be persons belonging to agriculturists and among them, one shall be a woman to be nominated by the State Government, who shall have right to participate and vote in all the meetings of the Market Committee and shall hold office at the pleasure of the State Government.] ] ] 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991. 2. Inserted by Act 17 of 1998 w.e.f. 31.3.1998 3. Substituted by Act 20 of 2016 w.e.f 27.07.2016. Provided that if persons of the categories specified in any category of 1[clauses (ii), (iv) and (v)] 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991 are not available, the committee shall consist only of persons of the categories available: Provided further that when persons of those categories become available, they may be elected as members and such members shall hold office so long only as the members first elected hold the office of members. 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991 1[Proviso x x x] 1. Omitted by Act 17 of 1980 w.e.f. 3.11.1979 1[Explanation.- x x x ] 1[“(2) The seats reserved for members under clause (i) of sub-section (1) shall be allotted by rotation to different constituencies in the market area: Provided that the principle of rotation for the purpose of reservation of seats for members under clause (i) of sub-section (1) shall commence from the first general election to be held after the commencement of the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act, 2002. (3) Nothing contained in this section shall be deemed to prevent the persons belonging to the Scheduled Castes or the Scheduled Tribes or Backward classes or women for whom seats are reserved in a Market Committee under clause (i) of sub-section (1) from standing for election to the non-reserved seats in such Market Committee. Explanation: For the purpose of this section, section 10 and section 14 categories ‘A’ and ‘B’ shall mean category ‘A’ and ‘B’ referred to in clause “(2B)” of section 2.”] 1. Inserted by Act 13 of 2002 w.e.f. 11.4.2002

1. (2) Every market committee established under this Act shall be a body corporate by such name as the State Government may by notification specify. It shall have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract and to acquire, hold, lease, sell or otherwise transfer any property and to do all other things necessary for the purpose for which it is established: Provided that no immoveable property shall be acquired or transferred without the permission of the 3[Director of Agricultural Marketing] :

2[Provided further that the

3[Director of Agricultural Marketing]

may, for reasons to be recorded in writing, revoke such permission before the completion of the acquisition or the execution of the deed of transfer as the case may be.]

4[Provided also that Market Committee may, with the prior approval of the Director of Agricultural Marketing and after obtaining valuation certificate from the Deputy Commissioner, enter into agreement with the owner of any land or building and purchase such land or building.]

1[(3) Notwithstanding anything contained in any law for the time being in force every market committee shall for all purposes be deemed to be a local authority.]

¹ Substituted by Act 17 of 1980 w.e.f. 30.6.1979.

² Inserted by Act 4 of 1982 w.e.f. 1.5.1968.

³ Substituted by Act 35 of 1986 w.e.f. 17.6.1986.

⁴ Inserted by Act 16 of 1991 w.e.f. 1.8.1991.

*10. Constitution of the first market committee.- (1) Notwithstanding anything contained in section 11,

1[the first market committee constituted for a market area declared after the commencement of this Act under section 4] shall consist of the following members nominated by notification by the State Government:- (i)

5[

3[

2[fourteen agriculturists of whom three shall be women] and

4[one person]

¹ Substituted by Act 19 of 1969 w.e.f. 1.5.1968

² Substituted by Act 17 of 1980 w.e.f. 30.6.1979

³ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

⁴ Substituted by Act 13 of 2002 w.e.f. 11.4.2002

⁵ Substituted by Act 20 of 2016 w.e.f 27.07.2016.

belonging to the Scheduled Castes, one person belonging to the Scheduled Tribes] , one person falling under category 'A' and one person falling under category'B'] residing in the market area, not disqualified under sub-clause (a) of clause (1) or clause (2) of section 16; (ii)

1[one trader]

¹ Substituted by Act 17 of 1980 w.e.f. 30.6.1979

² Inserted by Act 16 of 1991 w.e.f. 1.8.1991

2[other than a retail trader] residing in the market area not disqualified under clause (2) of section 16:

1[(iii) x x x]

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1[(iv) one shall be a member of the committee of management of a Co-operative Marketing Society carrying on business in notified agricultural produce within the market area, who is not disqualified under section 16;]

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

1[(v) one shall be a member of the committee of management of a an Agricultural Co- operative Processing Society carrying on business in notified agricultural produce within the market area, who is not disqualified under section 16;]

¹ Inserted by Act 16 of 1991 w.e.f. 1.8.1991

1[(vi), (vii) x x x]

¹ Omitted by Act 17 of 1980 w.e.f. 3.11.1979

1[(viii) one shall be an officer not below the rank of the Secretary of the concerned market committee, nominated by the Director of Agricultural Marketing, who shall have no right to vote under section 44;]

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991.

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991.

1[(ix)x x x] Provided that if suitable persons of the categories specified in any category of

1[clauses (ii), (iv) and (v)] are not available, the committee shall consist only of persons of the available categories nominated by the State Government:

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

Provided further that when suitable persons of the categories not nominated earlier become available subsequently, they may be nominated as members and such members shall hold office so long as the members first nominated hold the office of members.

1[(1A) x x x]

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1. (2) The State Government shall by notification nominate the Chairman and the Vice- Chairman from among the members nominated under clause (i) of sub-section (1).
2. (3) The notifications under sub-sections (1) and (2) shall be issued as soon as possible after the issue of a notification under sub-section (2) of section 6 declaring any specified area as the market.
3. (4) (a) Save as otherwise provided in this Act, 1[but subject to the pleasure of the State Government] the members of the first market committee shall hold office for a period of two years from the date of notification under sub-section (1): Provided that the State Government may by notification extend the term of office of the members by such period or periods not exceeding 2[two years] in the aggregate. 1[(b) A person who is nominated as a member under 2[clause (iv) or (v)] of sub-section
4. (1) shall hold office so long only as he continues to be the member of the 2[Co- operative Marketing Society or Agricultural Co-operative Processing Society] .]
   • (c) In the event of a vacancy occurring on account of death, resignation or otherwise, the vacancy shall be filled by nomination by the State Government and the person nominated shall hold office so long only as the member in whose place he is nominated would have held it, if the vacancy had not occurred. This Section and Section 11, 63(2) and 75 were amended , new section 77A was inserted and section 78 was substituted by Act 16 of 1998 but the said amendments are not yet brought into force. The text of the amendment etc., made is at the end of the Act. *11. Constitution of second and subsequent market committees.- (1) Save as provided in section 10, every market committee shall consist of the following members, namely:- 1[(i) eleven members shall be persons elected by the agriculturists in the market area of whom 2[two shall be a woman] , one shall be a person belonging to the Scheduled Castes, one shall be a person belonging to Scheduled Tribes and two persons belonging to the Backward Classes out of which one shall be from persons falling under Category 'A' and one shall be from persons falling under category 'B': Provided that if no person belonging to the Scheduled Caste is available, the seat reserved for that category shall also be filled by a person belonging to the Scheduled Trbies and vice versa: Provided further that if no persons falling under category 'A' is available, the seat reserved for that category shall also be filled by a person falling under category 'B' and vice versa.] *

¹ Inserted by Act 17 of 1980 w.e.f. 30.6.1979

² Substituted by Act 8 of 2001 w.e.f. 24.1.2001

¹ Substituted by Act 17 of 1980 w.e.f. 3.11.1979

² Substituted by Act 16 of 1991 w.e.f. 1.8.1991

¹ Substituted by Act 13 of 2002 w.e.f. 11.4.2002

² Substituted by Act 20 of 2016 w.e.f 27.07.2016.

1[(ii) one member shall be a person elected by the traders other than retail traders, in the market area;]

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

1[(iii) x x x]

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1[(iv) one member shall be a representative of Co-operative Marketing Societies carrying on business in notified agricultural produce within the market area, who is not disqulaified under section 16, elected by the committee of management of such socities;]

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

1[(v) one member shall be a representative of Agricultural Co-operative Processing Socities carrying on business in notified agricultural produce, within the market area, who is not disqulified under section 16, elected by the committe of management of such socities:]

1. Clause (v) with provisos was omitted by Act 17 of 1980 w.e.f. 3.11.1979 and Clause (v) inserted by

Act 16 of 1991 w.e.f. 1.8.1991

1[(vi), (vii) x x x]

¹ Omitted by Act 17 of 1980 w.e.f. 3.11.1979

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

1[(viii) one shall be an officer not below the rank of the Secretary of the concerned Market Committee nominated by the Director of Agricultural Marketing, who shall have no right to vote under section 41 or section 44.]

3[

2[

1[(ix) three members shall be persons belonging to agriculturists and among them, one shall be a woman to be nominated by the State Government, who shall have right to participate and vote in all the meetings of the Market Committee and shall hold office at the pleasure of the State Government.] ] ]

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991.

² Inserted by Act 17 of 1998 w.e.f. 31.3.1998

³ Substituted by Act 20 of 2016 w.e.f 27.07.2016.

Provided that if persons of the categories specified in any category of

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

are not available, the committee shall consist only of persons of the categories available: Provided further that when persons of those categories become available, they may be elected as members and such members shall hold office so long only as the members first elected hold the office of members.

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1[Proviso x x x]

¹ Omitted by Act 17 of 1980 w.e.f. 3.11.1979

1[Explanation.- x x x ]

1[“(2) The seats reserved for members under clause (i) of sub-section (1) shall be allotted by rotation to different constituencies in the market area: Provided that the principle of rotation for the purpose of reservation of seats for members under clause (i) of sub-section (1) shall commence from the first general election to be held after the commencement of the Karnataka Agricultural Produce Marketing (Regulation) (Amendment) Act, 2002.

1. (3) Nothing contained in this section shall be deemed to prevent the persons belonging to the Scheduled Castes or the Scheduled Tribes or Backward classes or women for whom seats are reserved in a Market Committee under clause (i) of sub-section (1) from standing for election to the non-reserved seats in such Market Committee. Explanation: For the purpose of this section, section 10 and section 14 categories ‘A’ and ‘B’ shall mean category ‘A’ and ‘B’ referred to in clause “(2B)” of section 2.”]

¹ Inserted by Act 13 of 2002 w.e.f. 11.4.2002

Subject to the provisions of this Act, the members of a market committee shall be elected in the manner prescribed by rules. Such rules may provide also for the preparation and maintenance of the lists of voters, the qualifications and disqualifications of voters, the payment of deposits by candidates and their forfeiture and all matters relating to such elections.

(1) Subject to the instructions of the

1[Director of Agricultural Marketing]

, the superintendence, direction and control of the preparation of the lists of voters for and the conduct of all elections to the market committee, shall be vested in the Deputy Commissioner:

2[Proviso x x x]

¹ Substituted by Act 35 of 1986 w.e.f. 17.6.1986

² Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1. (2) The State Government shall make available to the Deputy Commissioner such staff and funds as may be necessary for the discharge of the functions and responsibilities conferred on the Deputy Commissioner under this Act.
2. (3) All expenditure in connection with or incidental to the election of members to the market committees shall be met from the Consolidated Fund of the State. 1[(4) Notwithstanding anything contained in any law for the time being in force, the State Government may issue instructions relating to all matters connected with elections to the market committees including directions for cancellation of the calender of events or postponement of the poll.]

¹ Inserted by Act 4 of 1982 w.e.f. 4.11.1981

(1) For the purpose of electing the members referred to in

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991.

1[clauses (i) and (ii)] of sub-section (I) of section 11, to a market committee, there shall be the following constituencies in every market area:-

(i)

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

1[eleven] agriculturists' constituencies electing representatives of agriculturists, each constituency being a single member constituency;

1. (ii) one traders' constituency for the entire market area for electing 1[one representative] of licensed traders; and

¹ Substituted by Act 17 of 1980 w.e.f. 30.6.1979

1[(iii) x x x]

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1. (2) For the purpose of clause (i) of sub-section (1), the Deputy Commissioner shall by

notification determine the territorial extent of the

1[

2[eleven agriculturists' constituencies and shall reserve

4[two for women] ,

¹ Substituted by Act 17 of 1980 w.e.f. 30.6.1979

² Substituted by Act 16 of 1991 w.e.f. 1.8.1991

³ Substituted by Act 13 of 2002 w.e.f. 11.4.2002

⁴ Substituted by Act 20 of 2016 w.e.f. 27.07.2016.

3[one for persons belonging to the Scheduled Castes, one for persons belonging to the Scheduled Trbies, one for persons falling under category 'A' and one for persons falling under category 'B'] ] ] . The number of voters in each such constituency shall as far as practicable be the same throughout the market area.

Every person, unless disqualified under the provisions of this Act or any other law for the time being in force, shall be qualified to be elected as a member of the market committee,-

1. (i) by an agriculturists' constituency, if his name is in the list of voters of any of the agriculturists' constituencies of the market area; 2[ 1[Provided that a persons shall not be qualified to be chosen from an agriculturists

constituency reserved for the persons belonging to the Scheduled Castes or the Scheduled

Tribes or the Backward Classes or for woman unless such persons belongs to thoses castes, Tribes or classes or is a woman.]

]

¹ Inserted by Act 17 of 1980 w.e.f. 30.6.1979.

² Substituted by Act 13 of 2002 w.e.f. 11.4.2002.

1. (ii) by the traders' constituency, if his name is in the list of voters of the traders' constituency of the market area; and 1[(iii) x x x]

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

Without prejudice to any other disqualifications provided in this Act,- (1) A person shall be disqualified for being chosen as or for being, a member of a market committee,- (a) as a representative of agriculturists, if he or a firm in which he is a partner, or a body corporate (other than a co-operative society) in which he is a director, or a joint family of which he is a member, does business as a trader, 1[commission agent, broker, importer or exporter in any market area] 1 2 [or was doing business as a trader, commission agent, broker, importer or exporter, till such date not later than five years immediately preceding the date of election] ; (b) as a representative of traders, if he has ceased to be a licensed trader; 1[(c) x x x] (2) A person shall be disqualified for being chosen as or for being , a member of the market committee,- (a) if he is less than twenty-one years of age; or *(b) if he has been sentenced by a criminal court for imprisonment for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months, such sentence not having been subsequently reversed or remitted; or 1[(ba) if he has been convicted for an offence punishable under section 2[114, 117 and 118] of this Act, such conviction not having been subsequently set aside; or] (c) if an order is passed against him under section 108 of 1[the Code of Criminal Procedure,1973 (Central Act 2 of 1974)] , in proceedings instituted under section 110 of that Code, such order having not been subsequently reversed or quashed; or (d) if he is an undischarged insolvent; or (e) if he is of unsound mind and stands so declared by a competent court; or (f) if he is a servant of any market committee, local authority or co-operative society or holds a licence from the market committee as a weighman, measurer, 1[surveyor or hamal] ; or (g) if, save as hereinafter provided, he has directly or indirectly any share or interest in any work done by the order of the market committee, or any contract of employment with, or under, or by, or on behalf, of the market committee; or (h) if he is employed as a legal practitioner on behalf of the market committee or accepts employment as a legal practitioner against the market committee;or 1[(hh) if he is a defaulter for a period of seven days or more by failing to pay the sale proceeds or other amount due to the seller, from the date of sale] ; or (i) if he is a defaulter for a period of more than fifteen days by failing to pay any fee or other amount due to the market committee, from the date on which the bill in that regard is presented to him: Provided that,- (i) the disqualification in 1[sub-clauses (b)and (ba)] shall cease to operate after the expiry of five years from the date of such sentence 2[or such conviction, as the case may be] ; (ii) the disqualification in sub-clause (c) shall cease to operate after the expiry of the period during which a person is ordered to furnish security; (iii) a person shall not be deemed to have incurred disqualification under clause (g) by reason of his,- (a) having a share in any joint stock company or a share or interest in any association registered under the 1[Karnataka] Societies Registration Act, 1960, or in any co-operative society which shall contract with or be employed by or on behalf of the market committee; or 1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973 (b) holding debenture or being otherwise concerned in any loan raised by or on behalf of the market committee; 1[(3) x x x] 1. Substituted by Act 35 of 1986 w.e.f. 17.6.1986 2. Inserted by Act 16 of 1991 w.e.f. 1.8.1991 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991 1. Inserted by Act 17 of 1980 w.e.f. 30.6.1979 2. Substituted by Act 29 of 1987 w.e.f. 10.8.1987 1. Substituted by Act 17 of 1980 w.e.f. 3.11.1979 1. Substituted by Act 35 of 1986 w.e.f. 17.6.1986 1. Inserted by Act 16 of 1991 w.e.f. 1.8.1991 1. Substituted by Act 17 of 1980 w.e.f. 3.11.1979. 2. Inserted by Act 17 of 1980 w.e.f. 3.11.1979 1. Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1. (1) A person shall be disqualified for being chosen as or for being, a member of a market committee,-
   • (a) as a representative of agriculturists, if he or a firm in which he is a partner, or a body corporate (other than a co-operative society) in which he is a director, or a joint family of which he is a member, does business as a trader, 1[commission agent, broker, importer or exporter in any market area] 1 2 [or was doing business as a trader, commission agent, broker, importer or exporter, till such date not later than five years immediately preceding the date of election] ;
   • (b) as a representative of traders, if he has ceased to be a licensed trader; 1[(c) x x x]
2. (2) A person shall be disqualified for being chosen as or for being , a member of the market committee,-
   • (a) if he is less than twenty-one years of age; or *(b) if he has been sentenced by a criminal court for imprisonment for an offence which involves moral turpitude and which is punishable with imprisonment for a term exceeding six months, such sentence not having been subsequently reversed or remitted; or 1[(ba) if he has been convicted for an offence punishable under section 2[114, 117 and 118] of this Act, such conviction not having been subsequently set aside; or]
   • (c) if an order is passed against him under section 108 of 1[the Code of Criminal Procedure,1973 (Central Act 2 of 1974)] , in proceedings instituted under section 110 of that Code, such order having not been subsequently reversed or quashed; or
   • (d) if he is an undischarged insolvent; or
   • (e) if he is of unsound mind and stands so declared by a competent court; or
   • (f) if he is a servant of any market committee, local authority or co-operative society or holds a licence from the market committee as a weighman, measurer, 1[surveyor or hamal] ; or
   • (g) if, save as hereinafter provided, he has directly or indirectly any share or interest in any work done by the order of the market committee, or any contract of employment with, or under, or by, or on behalf, of the market committee; or
   • (h) if he is employed as a legal practitioner on behalf of the market committee or accepts employment as a legal practitioner against the market committee;or 1[(hh) if he is a defaulter for a period of seven days or more by failing to pay the sale proceeds or other amount due to the seller, from the date of sale] ; or
     • (i) if he is a defaulter for a period of more than fifteen days by failing to pay any fee or other amount due to the market committee, from the date on which the bill in that regard is presented to him: Provided that,-
     • (i) the disqualification in 1[sub-clauses (b)and (ba)] shall cease to operate after the expiry of five years from the date of such sentence 2[or such conviction, as the case may be] ;
     • (ii) the disqualification in sub-clause (c) shall cease to operate after the expiry of the period during which a person is ordered to furnish security;
     • (iii) a person shall not be deemed to have incurred disqualification under clause (g) by reason of his,-
   • (a) having a share in any joint stock company or a share or interest in any association registered under the 1[Karnataka] Societies Registration Act, 1960, or in any co-operative society which shall contract with or be employed by or on behalf of the market committee; or 1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
   • (b) holding debenture or being otherwise concerned in any loan raised by or on behalf of the market committee; 1[(3) x x x]

¹ Substituted by Act 35 of 1986 w.e.f. 17.6.1986

² Inserted by Act 16 of 1991 w.e.f. 1.8.1991

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

¹ Inserted by Act 17 of 1980 w.e.f. 30.6.1979

² Substituted by Act 29 of 1987 w.e.f. 10.8.1987

¹ Substituted by Act 17 of 1980 w.e.f. 3.11.1979

¹ Substituted by Act 35 of 1986 w.e.f. 17.6.1986

¹ Inserted by Act 16 of 1991 w.e.f. 1.8.1991

¹ Substituted by Act 17 of 1980 w.e.f. 3.11.1979.

² Inserted by Act 17 of 1980 w.e.f. 3.11.1979

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1. (a) becomes subject to any of the disqualifications mentioned in section 16; or 1[(b) 2[other than an ex-officio member] absents himself for more than three consecutive ordinary meetings unless leave so to absent himself has been granted by the market committee, his seat shall be deemed to be or to have become, as the case may be, vacant and the same shall immediately be intimated to the member in writing by the market commitee:] Provided that where an application is made by a member to the market committee for leave to absent himself and the market committee fails to inform the applicant of its decision

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

² Substituted by Act 23 of 2007 w.e.f. 16.08.2007

on the application within a period of two months from the date of the application, the leave applied for shall be deemed to have been granted by the market committee.

1. (2) Whenever the 1[question whether a person is or has become subject to disqualification under sub-section (1) arises, 2[or whether on the date of his election, the returned candidate was not qualified or was qualified to be chosen to fill the seat arises] the Director of Agricultural Marketing shall] either suo motu or on a report from the Secretary to the market committee or otherwise, and after giving an opportunity to the member concerned to be heard and holding such enquiry as he deems fit, decide the question and his decision shall be final. 1[(3) Any question for decision under sub-section (2) pending before the Deputy Commissioner shall, on the date of commencement of the Karnataka Agricultural Produce Marketing (Regulation) and Certain Other Laws (Amendment) Act, 1991, stand transferred to the Director of Agricultural Marketing and such question shall be decided by him as if it had been reported to or initiated by him.] 1[(4) Any election petitions falling under clause (a) of section 21 of the Act pending before the Civil Judge on the date of commencement of the Karnataka Agricultural Produce

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

² Inserted by Act 38 of 2013 w.e.f. 16.3.2013.

¹ Inserted by Act 16 of 1991 w.e.f. 1.8.1991

Marketing (Regulation and Development (Amendment) Act, 2013 shall stand transferred to the Director of Agricultural Marketing and such petition shall be decided by the Director of

Agricultural Marketing as if such petition had been filed before him.]

¹ Inserted by Act 38 of 2013 w.e.f. 16.3.2013.

(1) If any constituency fails to return the required number of representatives, owing to the absence of the required number of nominations of candidates, then the State Government shall nominate such number of persons as to make up the required number of members being persons who would have been qualified to be elected as members representing such constituency, and the persons so nominated shall be deemed to have been duly elected from such constituency. If the failure on the part of a constituency to return the required number of representatives is on account of the rejection of any nomination papers at the time of the scrutiny, then the Deputy Commissioner shall hold another election in that constituency. (2) If any institution fails to return its representative, then the State Government shall nominate a member of such institution, who is qualified to be elected, as such representative.

1. (2) If any institution fails to return its representative, then the State Government shall nominate a member of such institution, who is qualified to be elected, as such representative.

1[ (1)]

1[ (i)]

If a person is elected by more than one constituency, he shall by a notice in writing signed by him and delivered to the Deputy Commissioner within the prescribed time, choose any one of the constituencies which he shall serve, and the choice shall be final.

1[(ii)] When any such choice has been made, the constituency or each of the constituencies other than the constituency which such a person has chosen to serve, shall be called upon to elect another person.

1[

3[(iii)] if the candidate does not make the choice referred to in clause (i), before the expiration of the period prescribed thereunder, his seat in all the constituencies shall become vacant.]

Explanation.- For purposes of

² Substituted by Act 3 of 1970 w.e.f. 17.10.1969.

³ Substituted by Act 17 of 1980 w.e.f. 3.11.1979.

3[the institution referred to in clause (iv)] of sub-section (1) of section 11. 1. Re-numbered by Act 3 of 1970 w.e.f. 17.10.1969.

1[(2) No person shall be a member of two or more market committees and if a person is chosen as a member of two or more market committees, then, at the expiration of such period as may be prescribed, that person's seat in all market committees shall become vacant, unless he has previously resigned his seat in the market committees of all but one of such market committees.

1. (3) If a person who is already a member of one market committee and whose term of office as member of such committee has commenced, is chosen as a member of another

market committee, his seat in the former market committee shall on the date on which he is so chosen become vacant.]

¹ Inserted by Act 3 of 1970 w.e.f. 17.10.1969

(1) At any time within fifteen days from the date of publication under section 27 of the result of an election, any candidate who stood for election or any person qualified to vote at that election may challenge the election by presenting an election petition by making the candidates at the election parties to the petition, together with a deposit of two hundred rupees as security for costs in the prescribed manner, to the

1[Civil judge] within whose territorial jurisdiction the market yard of the market area concerned is situate for the determination of the validity of the election and claiming any or both of the following reliefs, namely:-

1. (a) a declaration that the election of all or any of the returned candidates is void;
2. (b) a declaration that he himself or any other candidate has been duly elected.

1. (2) The 1[Civil judge] shall, after such enquiry as he deems necessary, pass an order,-
   • (a) dismissing the election petition, or
   • (b) declaring the election of all or any of the returned candidates to be void, or
   • (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. For the purpose of the said enquiry, the 1[Civil judge] may exercise any of the powers of

a civil court. He may also award costs in such manner as he may deem fit and such costs shall be recoverable as if they had deem awarded under the Code of Civil procedure, 1908 (Central Act 5 of 1908). If as a result of his order the declared result of an election is amended or set aside, he shall forthwith communicate the order to the Deputy

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

Commissioner. In the event of the election being set aside, the Deputy Commissioner shall take the necessary steps for holding a fresh election.

2[Civil judge] is of opinion,- (a)

1[ XXX ]

1. (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent; or
2. (c) that any nomination has been improperly rejected; or
3. (d) that the result of the election in so far as it concerns a returned candidate, has been materially affected,-
   • (i) by the improper acceptance of any nomination; or
   • (ii) by any corrupt practice committed in the interest of the returned candidate by a person other than that candidate or his election agent or a person acting with the consent of such candidate or his election agent: or
   • (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
   • (iv) by any non-compliance with the provisions of this Act or any rules or orders made under this Act, the 2[Civil judge] shall declare the election of any or all of the returned candidates to be void.

¹ Omitted by Act 38 of 2013 w.e.f. 16.3.2013.

² Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected, and the

1[Civil judge] is of opinion,-

1. (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
2. (b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the 1[Civil judge] shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected.

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then,- (a) any decision made by the returning officer under the provisions of this Act or the rules made thereunder shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and (b) in so far as that question is not determined by such a decision, the 1[Civil judge] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote. 1. Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

1. (a) any decision made by the returning officer under the provisions of this Act or the rules made thereunder shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
2. (b) in so far as that question is not determined by such a decision, the 1[Civil judge] shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

(1) A person shall be deemed to have committed a corrupt practice,-

1. (a) who, with a view to inducing any voters to give or to refrain from giving a vote in favour of any candidates offers or gives any money or valuable consideration, or holds out any promise of individual profit, or holds out any threat of injury to any person; or
2. (b) who gives, procures, or abets the giving of a vote in the name of a voter who is not the person giving such vote; or
3. (c) who hires or procures, whether on payment or otherwise, any vehicle or vessel for the conveyance of any voter (other than the person himself, the members of his family or his agent) to and from any polling station: Provided that the hiring of a vehicle or vessel by a voter or by several voters at their joint cost for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power : Provided further that the use of any public transport vehicle or vessel or any railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. A corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent, or by a person who is acting under the general

or special authority of such candidate with reference to the election.

Explanation (I).- The expression "promise of individual profit",-

1. (i) does not include a promise to vote for or against any particular measure which may come before a market committee for consideration: but
2. (ii) subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested. Explanation (II).- The expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

1. (2) If the validity of the election is brought in question only on the ground of an error made by the officer charged with carrying out the rules relating to the elections or of an irregularity or informality not corruptly caused, the 1[Civil judge] shall not set aside the election.

Explanation.- The expression "error" in this sub-section does not include any breach of

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

or any omission to carry out or any non-compliance with the provisions of this Act or the rules made thereunder whereby the result of the election has been materially affected.

1[Civil Judge] .- If the

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

1[Civil Judge] by his order under section 21 declares the election of any candidate to be void on the ground specified in clause (b) of that section he may, if he thinks fit, declare any person by whom any corrupt practice has been committed within the meaning of this section to be disqualified from being a member of any market committee for a term not exceeding five years: Provided that no such declaration shall be made in respect of any person other than the returned candidate without giving such person an opportunity to show cause why such declaration shall not be made: Provided further that such person, may, at any time be relieved from such disqualification by an order of the State Government in that behalf.

1[Civil Judge]

.- (1) Any person aggrieved by any decision or order of the

1[Civil Judge]

under section 20, 21, 22,23, or 25, may within thirty days from the date of such decision or order appeal in the prescribed manner to the District Judge within whose territorial jurisidiction the market yard of the market area concerned is situate. The decision of the District Judge on such appeal shall be final and conclusive. The District Judge shall forthwith communicate the result of his decision or order to the Deputy Commissioner, who shall take steps either to publish the names of the persons declared elected or to hold fresh election, as the case may be.

1. (2) Any person intending to exercise a right of appeal provided in sub-section (1) may obtain an order staying any of the consequences arising on account of the order of the 1[Civil Judge] passed under section 20, 21, 22, 23, or 25, on deposit in the prescribed manner of an amount of four hundred rupees as security for costs in the Court of the 1[Civil Judge] apart from the amount of deposit, if any, made under sub-section (1) of section 20. The shall order such stay on such deposit for a period not exceeding two months from the date of his order. If no further stay is obtained before the expiry of such period, from the District Judge or if such stay is obtained from the District Judge and the period of stay expires or if such stay is ultimately cancelled, the amount deposited or the balance, if any, out of such amount after deduting the amount of costs, if any, of the parties opposing the appeal or the stay, awarded by the District Judge by his order in such appeal, shall be forfeited to the State Government by an order made in this behalf by the 1[Civil Judge] unless the District Judge orders the refund of the deposit amount or the balance of the amount, as the case may be, or any part thereof by an order passed in that regard at the time of his giving decision in the appeal or thereafter and such order is communicated to the 1[Civil Judge] .
2. (3) Every appeal under this section shall be decided as expeditiously as possible, and endeavour shall be made to determine it finally within three months from the date on which the memorandum of appeal is presented to the District Judge.

¹ Substituted by Act 38 of 2013 w.e.f. 16.3.2013.

¹ Inserted by Act 23 of 2007 w.e.f. 16.8.2007

The Deputy Commissioner shall 1[within two working days] publish the names of all the elected members by a notification in the official Gazette.

Where a vacancy occurs through the resignation, removal or non-acceptance of office by a person elected or nominated to be a member or through such person becoming disqualified to be a member or through any election being set aside or through the death or otherwise previous to the expiry of his term of office, the vacancy shall be filled up as soon as may be after the occurrence of the vacancy by the election or nomination, as the case may be, of a person thereto who shall hold office so long only as the member in whose place he is elected or nominated would have held the office if the vacancy had not occurred: Provided that if the vacancy of a member occurs within six months preceding the date on which the term of office of the members of the market committee expires, the vacancy may be filled up by the market committee by co-option of a person qualified to be elected as a member in place of the member whose seat has become vacant.

(1) No person shall, on the date or dates on which a poll is taken in any polling station, commit any of the following acts in any public or private place within a distance of one hundred meters of the polling station, namely:- (a) canvassing for votes; or (b) soliciting the vote of any voter; or (c) persuading any voter not to vote in the election; or (d) exhibiting any notice or sign other than an official notice relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable.

1. (a) canvassing for votes; or
2. (b) soliciting the vote of any voter; or
3. (c) persuading any voter not to vote in the election; or
4. (d) exhibiting any notice or sign other than an official notice relating to the election.

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (3) An offence punishable under this section shall be cognizable.

(1) No person shall, on the date or dates on which a poll is taken at any polling station,- (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. (4) Any police officer may take such steps and use force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

1. (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
2. (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

1. (2) Any person who contravenes, or wilfully aids or abets the contravention of the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
3. (4) Any police officer may take such steps and use force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.

1. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
2. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
3. (4) An offence punishable under sub-section (3) shall be cognizable.

(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both.

(1) No person who is a returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct or the management of the election, do any act other than the giving of vote for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force , shall endeavour,- (a) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vote at an election; or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction,be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both.

1. (2) No such person as aforesaid, and no member of a police force , shall endeavour,-
   • (a) to persuade any person to give his vote at an election; or
   • (b) to dissuade any person from giving his vote at an election; or
   • (c) to influence the voting of any person at an election in any manner.
2. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction,be punished with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both.

(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election ; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this

1. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
2. (3) The persons to whom this section applies are the returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election ; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this

Removal of ballot papers from polling stations to be an offence.- (1) Any person who at any election fraudulently takes, or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall on conviction,be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

1. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
2. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
3. (4) An offence punishable under sub-section (1) shall be cognizable.

(1) A person shall be guilty of an offence if at any election he,- (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list , notice or other document affixed by or under the authority of a returning officer; or (c) fraudulently defaces, or fraudulently destroys any ballot paper or the official mark on any ballot paper;or (d) without due authority supplies any ballot paper to any person; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes , opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g) fraudulently or without due authority as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an offence under this section shall,- (a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both; (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred and fifty rupees, or with both. (3) For the purpose of this section, a person shall be deemed to be on official duty if he has to take part in the conduct of an election or part of an election, including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

1. (a) fraudulently defaces or fraudulently destroys any nomination paper; or
2. (b) fraudulently defaces, destroys or removes any list , notice or other document affixed by or under the authority of a returning officer; or
3. (c) fraudulently defaces, or fraudulently destroys any ballot paper or the official mark on any ballot paper;or
4. (d) without due authority supplies any ballot paper to any person; or
5. (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
6. (f) without due authority destroys, takes , opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
7. (g) fraudulently or without due authority as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

1. (2) Any person guilty of an offence under this section shall,-
   • (a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with both;
   • (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred and fifty rupees, or with both.
2. (3) For the purpose of this section, a person shall be deemed to be on official duty if he has to take part in the conduct of an election or part of an election, including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.
3. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

No Court shall take cognizance of an offence punishable under section 33 or 34 or under clause (a) of sub-section (2) of section 36 unless there is a complaint made by an order of or under authority from the Deputy Commissioner.

(1) The members of the market committee shall, save as otherwise provided in this Act, hold office for a term of 1[five years] 1 2 [before the expiry of which election shall be held to a market committee;] : 3[Proviso x x x] 1. Substituted by Act 35 of 1986 w.e.f. 17.6.1986 2. Inserted by Act 16 of 1991 w.e.f. 1.8.1991 3. Omitted by Act 16 of 1991 w.e.f. 1.8.1991. 1[(2) Notwithstanding anything contained in sub-section (1), a person who is a member of the market committee by virtue of being a representative of a Co-operative Marketing Society or an Agricultural Co-operative Processing Society, as the case may be, shall cease to be such member on his ceasing to be a member of the Managing Committee of the Society concerned by efflux of his term of office or otherwise.] 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991.

1[five years] 1 2 [before the expiry of which election shall be held to a market committee;] :

3[Proviso x x x]

¹ Substituted by Act 35 of 1986 w.e.f. 17.6.1986

² Inserted by Act 16 of 1991 w.e.f. 1.8.1991

³ Omitted by Act 16 of 1991 w.e.f. 1.8.1991.

1[(2) Notwithstanding anything contained in sub-section (1), a person who is a member of the market committee by virtue of being a representative of a Co-operative Marketing Society or an Agricultural Co-operative Processing Society, as the case may be, shall cease to be such member on his ceasing to be a member of the Managing Committee of the Society concerned by efflux of his term of office or otherwise.]

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991.

(1) The term of office of the members of a market committee shall commence on the date immediately after the expiry of the term of office of the out-going members of the market committee

1[or on the date of first meeting convened under sub-section (2) of section 41 for election of Chairman and Vice-Chairman ]

whichever is later.

1. (2) When not less than two-thirds of the representatives of agriculturists, and not less than two-thirds of the total number of members of a market committee are available to function as members after a general election, the market committee shall, notwithstanding anything contained in this Act, be deemed to be duly constituted, and the market committee so constituted shall be competent to exercise the powers and perform the functions of the market committee.

¹ Substituted by Act 13 of 2002 w.e.f. 8.10.1996

A member of a market committee other than an ex-officio member may resign his membership in writing, delivered or caused to be delivered to the Chairman of the Market Committee, who shall acknowledge the receipt of the same and the seat of such member shall become vacant on the expiry of fifteen days from the date of acknowledgment of resignation unless within the said period such member withdraws his resignation in writing addressed to the Chairman.] 1. Substituted by Act 16 of 1991 w.e.f. 1.8.1991

¹ Substituted by Act 16 of 1991 w.e.f. 1.8.1991

(1) Subject to the provisions of sub- sections (2) and (3), every market committee shall choose two members representing the agriculturists' constituencies of the market committee to be respectively the Chairman and Vice- Chairman thereof and so often as the office of the Chairman or the Vice Chairman becomes vacant by death, resignation, removal or otherwise, the market committee shall choose another member to be the Chairman or the Vice-Chairman as the case may be, in accordance with the provisions of this Act and the rules.

1[(2)

2[Within fifteen days from the date of] the constitution of a market committee under section 11or on its reconstitution, a meeting thereof shall be called by the prescribed officer who shall himself preside over the meeting but shall have no right to vote. At such meeting a member representing an agriculturists' constituency shall first be elected as the Chairman and thereafter another member representing another agriculturists' constituency shall be elected as Vice-Chairman in the manner hereinafter provided.

(2A) At the meeting,-

1. (a) candidates for the office of the Chairman 1[or as the case may be, the Vice- Chairman] shall be proposed by one member and seconded by another. The names of all members proposed and seconded shall be read out by the Presiding Officer;
2. (b) if any of the candidates desires to withdraw, he may do so in writing. The names of the contesting candidates shall then be read out by the Presiding Officer;
3. (c) if there is only one candidate, he shall be declared to have been elected as the Chairman 1[or as the case may be, the Vice-Chairman] . If there are two or more candidates, votes of the members present at the meeting shall be taken by ballot and the candidate securing the highest number of votes shall be declared to have been elected as the Chairman 1[or as the case may be, the Vice-Chairman] ;
4. (d) in case of equality of votes, the result shall be decided by drawing lots. 1[(2B) x x x] (2C) If for any reason the Chairman or the Vice-Chairman is not elected at the meeting referred to in sub-section (2) such election shall be held, at an adjourned meeting, by the 2[prsecribed officer for the election of Chairman and Vice-Chairmen and after following the procedure laid down in sub-section (2A)] ,- 3[(i) x x x
   • (ii) x x x] ]

¹ Inserted by Act 16 of 1991 w.e.f. 1.8.1991

² Substituted by Act 23 of 2007 w.e.f. 16.8.2007

¹ Inserted by Act 16 of 1991 w.e.f. 1.8.1991

¹ Omitted by Act 16 of 1991 w.e.f. 1.8.991

² Inserted by Act 16 of 1991 w.e.f. 1.8.1991

³ Omitted by Act 16 of 1991 w.e.f. 1.8.1991

1. Sub-sections (2), (2A), (2B) and (2C) have been substituted by Act 47 of 1976 w.e.f. 22.6.1976

1. (3) Where a Chairman 1[or the Vice- Chairman] has to be elected on account of the vacancy occuring in the office of the Chairman 1[or the Vice- Chairman] , the meeting for such election shall be convened by the prescribed officer and the election held in the manner specified in sub-section (2).
2. (4) Any dispute relating to the validity of the election of the Chairman or the Vice- Chairman under sub-section (1), (2) or (3) shall be decided by the District Judge having jurisdiction over the area in which the office of the market committee is located, in accordance with such rules as may be prescribed. The decision of the District Judge in that behalf shall be final, and no suit or other proceedings shall lie in any civil court in respect of any such decision.

¹ Inserted by Act 16 of 1991 w.e.f. 1.8.1991

provided in this Act, the Chairman and Vice Chairman shall continue in office

4[for a term of twenty months or for the term of the market committee whichever is earlier]

1. (2) Notwithstanding anything contained in this Act on the expiry of the term of office of the Chairman and Vice-Chairman and of the market committee, the Tahsildar of the Taluk in which the yard is situated shall exercise the powers and perform the functions of the market committee and its Chairman untill the market committee is reconstituted and its Chairman is elected. 1[Provided that the 2[Director of Agricultural Marketing] may, at any time thereafter appoint any other officer to exercise the powers and perform the functions of the market committee and its Chairman. 3[(3) x x x] ]

¹ Inserted by Act 17 of 1980 w.e.f. 3.11.1979

² Substituted by Act 35 of 1986 w.e.f. 17.6.1986.

³ Omitted by Act 16 of 1991 w.e.f. 1.8.1991.

⁴ Substituted by Act 18 of 2010 w.e.f.16.04.2010.

(1) A member holding office as Chairman or Vice Chairman may resign his office at any time by writing under his hand addressed to the

1[Director of Agricultural Marketing] and the office shall become vacant on the expiry of fifteen clear days from the date of such resignation, unless, within the said period of fifteen days, he withdraws such resignation in writing under his hand addressed to the

1[Director of Agricultural Marketing] .

1. (2) Every Chairman or Vice-chairman shall vacate office if he ceases to be a member of the market committee.
2. (3) During the Vacancy in the office of the Chairman and when there is no Vice- Chairman to take his place, then, notwithstanding anything contained in this Act, 2[an officer appointed in this behalf by the Director of Agricultural Marketing] shall exercise the powers and perform the functions of the Chairman until a Chairman or Vice-Chairman is duly elected. 3[Proviso x x x]

¹ Substituted by Act 35 of 1986 w.e.f. 17.6.1986.

² Substituted by Act 16 of 1991 w.e.f. 1.8.1991.

³ Omitted by Act 16 of 1991 w.e.f. 1.8.1991.

(1) A motion of no-confidence may be moved by any member against the Chairman or the Vice- Chairman after giving such notice as may be prescribed and such notice shall be supported

5[by not less than fifty percent] of the total number of members of the market committee. If a meeting for consideration of the no confidence motion is not directed by the Chairman to be convened

4[within fifteen days from the date of the notice, the secretary of the market committee shall convene such meeting under the chairmanship of the Tahsildar of the concerned taluk where the office of the market committee is situated]

1[Provided that a motion of no confidence shall not be moved within a period of

3[six months] after the failure of a similar motion of no confidence moved earlier.]

6[provided further that a motion of no- confidence shall not be moved within a period of six months from the date of assuming the office of the Chairman or the Vice Chairman as the case may be]

5[(2) If the motion against the Chairman or the Vice-Chairman or both is carried by a majority of not less than two-thirds of all the then members of the market committee at a meeting specially convened for the purpose, the Chairman or the Vice-Chairman shall forth with vacate the office of the Chairman or the Vice-Chairman as the case may be.]

1. (3) Notwithstanding anything contained in this Act, or the rules, the Chairman or the Vice- Chairman shall not preside over a meeting in which a motion of no-confidence is discussed against him, but he shall have a right to speak and otherwise to take part in the proceedings of the market committee. 2[Provided that where a motion of no confidence is moved both against the Chairman and Vice-Chairman, the Director of Agricultural Marketing or an officer authorised by him in this behalf shall preside over the meeting.]

¹ Inserted by Act 29 of 1987 w.e.f. 10.8.1987.

² Inserted by Act 16 of 1991 w.e.f. 1.8.1991.

³ Substituted by Act 8 of 2001 w.e.f. 24.1.2001.

⁴ Substituted by Act 23 of 2007 w.e.f. 16.8.2007.

⁵ Substituted by Act 18 of 2010 w.e.f.16.04.2010.

⁶ Inserted by Act 18 of 2010 w.e.f.16.04.2010.

(1) Every Chairman and every Vice- chairman officiating as

Chairman who for a continuous period exceeding forty days absents himself from the market area, or from attending the office of the market committee, in such manner as to be unable to perform his duties as Chairman or officiating Chairman, as the case may be, shall cease to be the Chairman or the Vice-Chairman, as the case may be, unless leave so to absent himself has been granted by the market committee.

1. (2) Subject to the provisions of sub-section (1), every Vice-Chairman who for a continuous period exceeding three months absents himself from the market area, shall

cease to be the Vice-Chairman unless leave so to absent himself has been granted by the market committee.

1. (3) Leave under sub-section (1) or (2) shall not be granted for a period exceeding one hundred and eighty days in any one year. Whenever such leave is granted to the Chairman, the market committee shall elect one of its members eligible to be elected as Vice-Chairman to exercise all the powers and perform all the duties of the Vice-Chairman in lieu of the Vice- Chairman, who shall be exercising the powers and performing the duties of the Chairman during the period for which such leave is granted. Whenever such leave is granted to the Vice-Chairman, the market committee shall elect one of its members eligible to be elected as Vice-Chairman to exercise the powers and to perform the duties of the Vice- Chairman, during the period for which such leave is granted.