Chapter V STAFF OF THE MARKET COMMITTEES

Every market committee shall have a Government servant as the Secretary appointed by the State Government or by an officer or authority authorised by the State Government in that behalf;

1. (2) A market committee may also have a Government servant as an 1[Additional Secretary or Assistant Secretary] or such number of Assistant Secretaries as may be determined by the 3[Director of Agricultural Marketing] , appointed by the State Government or an officer or authority authorised by it in that behalf.
2. (3) The accounts and audit staff of every market committee shall consist of Government servants appointed by the State Government or by an officer or authority authorised by it in that behalf.
3. (4) There may be an Engineer and other subordinate staff under him for a group of such number of market committees as the State Government may, considering the importance and the work in such market committees, by general or special order determine. 2[(4A) Save as otherwise provided in this Act the 1[State Government may on the recommendation of the Director of Agricultural Marketing] constitute an enforcement cell headed by an officer not below the rank of a Group-A officer of 3[the Karnataka Administrative Service or the Karnataka State Marketing Service] to exercise such powers and perform all such duties as may be made, given, issued, exercised and performed by a market committee under any of the provisions of items (iv), (vi) and (xii) of clause (a) and items (ii), (iv) and (v) of clause (b) of sub-section (2) of section 63 and sections 66, 67 and 70.]
4. (5) All the officers specified under sub-sections (1), (2), (3) and (4) shall be the servants of the State Government. They shall draw their salary and allowances from the Consolidated Fund of the State. The conditions of service of such officers and staff shall save as otherwise provided in section 59 be such as may be determined by the State

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

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

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

Absorption of

1[x x x] staff of market committees in Government service.- (1) Officers and servants of market committees (by whatever name called) holding the classes of posts specified in sub-sections (1), (2) and (3) of section 58

immediately prior to the date of commencement of this Act, shall, with effect from the date of such commencement, become officers and servants of the State Government. Explanation.-The State Government shall determine the designations of the officers and servants of the market committees who shall become officers and servants of the State Government under this sub-section.

3[(1A) Notwithstanding anything contained in this Act or in any other law for the time being in force, officers and servants of market committees holding such classes of posts on such dates as may be specified by the State Government shall, with effect from such date become officers and servants of the State Government and they shall draw their salary and allowances from the consolidated fund of the State;]

1. (2) The officers and servants of market committees who become officers and servants of the State Government under sub-section (1) 3[or sub-section (1A)] , shall hold their office by the same tenure, at the same remuneration and upon the same terms and conditions of service and with the same rights and privileges as to pension, gratuity, provident fund and such matters as they would have held the same under the market committee concerned and

shall continue to do so until their remuneration, terms and conditions of service including the privileges as to pension, provident fund and gratuity are altered by rules or other provisions made

¹ Omitted by Act 17 of 1980 w.e.f. 1.5.1968.

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

have effect, notwithstanding anything contained in any contract or law for the time being in force.

³ Inserted by Act 17 of 1980 w.e.f. 30.6.1979.

⁴ Substituted by Act 14 of 1990 w.e.f. 2.4.1992 by notification . The Text of the notification is at the end of the

Act.

1. (3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947), or in any other law for the time being in force or in any contract the transfer of the services of any officer or servant of a market committee by virtue of sub-section (1) 1[or sub-section (1A)] shall not entitle any such officer or servant to any compensation or payment under that Act or other law or contract, and no such claim shall be entertained by any court, tribunal or other authority. 1[60. x x x]

¹ Inserted by Act 17 of 1980 w.e.f. 30.06.1979.

Omittted by Act 14 of 1976 w.e.f. 24.1.1976

(1) Save as otherwise provided in section 58, the State Government or the officer authorised by it in this behalf may, from amongst the officers and servants of the Karnataka State Market Committee Service or Karnataka State Marketing Service constituted under section 62, appoint other officers and servants of a market committee.

1. (2) The Cadre strength of every market committee, shall be specified by the Director of Agricultural Marketing.

*(3) Notwithstanding anything contained in sub-sections (1) and (2), the market

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

committee may, with the prior approval of the Director of Agricultural Marketing or an officer authorised by him in this behaf create such number of temporary posts for a period not exceeding three months and make appointments thereof subject to the condition that the maximum monthly pay of any such post does not exceed rupees three hundred.]

• • Section 61(3), 78, 85, 86, 90, 106, 112 and 147 have been amended and new sections 63A, 106A

and 109A have been inserted by Act 16 of 1991, but they are not yet brought into force. Text of the amendments made to the above sections and the new sections inserted are at the end of the Act.

In making appointments, the market committee shall reserve adequate number of posts for the Scheduled Castes, Scheduled

Tribes and the socially and educationally backward classes of citizens in the same manner and to the same extent as is made by the Government for the recruitment to posts in the State Civil Services.]

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

62.

1[Karnataka State Marketing Service]

2[etc] .-

3[(1)] Not withstanding anything in this Act, or the rules, the State Government may, by notification, constitute any class of officers or servants employed for the purposes of this Act into a Marketing Service for the State to be designated as the "

1[Karnataka State Marketing Service] ":

2[Provided that the State Government may, by notification constitute the officers and servants holding the classes of posts specified by the State Government under sub-section (1A) of section 59 into a separate service for the State to be designated as the "Karnataka State Market Committee Service.]

4[(2) The State Government, may, by notification amalgamate the Karnataka State

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

⁴ Inserted by Act 16 of 1991 w.e.f.27.6.1995

Market Committee Service and the Karnataka State Marketing Service into one single service and for this purpose it shall have power to equate the posts, determine the scale of pay and to do such other things which are necessary or incidental to give effect to the amalgamation.] 1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973 3. Re-numbered by Act 16 of 1991 w.e.f. 27.6.1995