Chapter V STAFF OF MARKET COMMITTEE

Every Market Committee shall have a Secretary, who shall be the chief executive of the Market Committee administering principal market yard, sub-market yards and market sub-yards vested in it and the custodian of all the records and properties of the principal market yards and market sub-yards in the delineated market area: Provided that the Secretary should be graduate in agriculture or horticulture, agricultural economics or marketing or agribusiness and has also undergone minimum three months in-service training or such training undertaken after recruitment; Provided further that the Director or Managing Director may maintain a panel of professionals, which may include professionals from open market, for appointing to the post of Secretary to the Market Committee, as may be prescribed in the Rules.

Powers, functions and duties of the Secretary The Secretary shall exercise and perform the following functions and duties in addition to such other duties as may be specified in this Act, the Rules or Bye-laws, namely-

1. (i) To convene the meetings of the Market Committee and of the sub-committees, if any, and maintain minutes of the proceedings thereof.
2. (ii) To attend the meetings of the Market Committee and of every sub-committee and take part in the discussions but shall not move any resolution or vote at any such meeting.
3. (iii) To take action to give effect to the resolution of the committee and of the sub-committees, and report about all actions taken in pursuance of such resolution to the committee as soon as possible.
4. (iv) To prepare the budget proposal.
5. (v) To furnish to the Market Committee such returns, statements, estimates, statistics and reports as the Market Committee may from time to time, require including reports regarding-

1. (a) fines and penalties levied on and any disciplinary action taken against the Members of the staff and the market functionaries and others;
2. (b) over-trading by any trader;
3. (c) contravention of the provisions of the Act, the Rules, the Bye-laws, the standing orders by any person;
4. (d) suspension or cancellation of licence by the Chairman or the Director; and
5. (e) administration of the Market Committee and the regulation of the marketing in the principal market yard, sub-market yards and market sub-yards.
   • (vi) To produce before the Market Committee such documents, books, registers and the likes as may be necessary for the transaction of the business of the committee or the sub- committee, and also whenever called upon by the Market Committee to do so.
   • (vii) To exercise supervision and control over the acts of all officers and servants of the Market Committee.
   • (viii) To collect fees or user charge and other money leviable by or due to the Market Committee.
   • (ix) To be responsible for all money credited to or received on behalf of Market Committee Fund or property.
   • (x) To make disbursements of all money lawfully payable by the Market Committee.
   • (xi) To report to the Chairman or Director or Managing Director as soon as possible in respect of fraud, embezzlement, theft or loss of Market Committee Fund or property.
   • (xii) To prefer complaints in respect of prosecutions to be launched on behalf of the Market Committee and conduct proceedings, civil or criminal, on behalf of the Market Committee.

The Director or Managing Director may, with such qualification as may be prescribed in Rules or Bye-laws, appoint an accountant, who shall be responsible for maintenance of books of accounts of the Market Committee and assist the Secretary in discharge of his duties and perform of such duties as may be delegated to him by the Market Committee or the Secretary.

1. (1) Every Market Committee may appoint such other Officers and servants as may be necessary and proper for the efficient discharge of its duties as prescribed by the Board: Provided that no post shall be created save with the prior sanction of the Board.
2. (2) Subject to provisions in this Act and Rules, the Market Committee may make Bye-laws for regulating the appointment, pay, leave, leave allowances, pensions, gratuities, contribution to provident Fund and other conditions of service of Officers and servants appointed under sub-section (1) and for providing for the delegation of powers, duties and functions to them.
3. (3) Notwithstanding anything contained in this Act or any Rules or Bye-laws made thereunder, the Director or Managing Director may, subject to the conditions specified in sub-section(4), transfer on deputation any Officer or servant of any Market Committee carrying a maximum scale of pay as prescribed to any other Market Committee of the Revenue Division and it shall not be necessary for Director or Managing Director to consult either the Market Committee or the Officer or servant concerned before passing an order of transfer on deputation under this sub-section.
4. (4) The Officer or servant concerned transferred under sub-section (3) shall:
   • (a) have his lien on the post held in the parent Market Committee;
   • (b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to, had he continued in the parent Market Committee;
   • (c) been titled to deputation allowance at such rate as the State Government may by general or special order, specify; and
   • (d) be governed by such other terms and conditions including disciplinary control as the Director or Managing Director may, by general or special orders, specify.