Disqualifications for membership

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