Chapter IX CONSTITUTION OF STATE AGRICULTURAL MARKETING BOARD

The State Government shall, for coordinating and undertaking the activities relating to development of markets and marketing infrastructures and services incidental thereto and also exercising such other powers and performing such functions as are conferred or entrusted by or under this Act, establish and constitute a State Agricultural Marketing Board.

The Board shall be a body corporate having perpetual succession and common seal and may sue and be sued in its corporate name and shall be competent to acquire and hold property both moveable and immovable and to lease, sell or otherwise transfer any such property, to contract and to do all other things necessary for the purpose for which it is established.

The Board shall consist of a Chairman and such other Members as may be elected or appointed by the State Government.

Composition of the State Agricultural Marketing Board. 87. The composition of the Board shall be - 1. Chairman - There shall be a Chairman of the Board of the rank of Agriculture Production Commissioner, Commissioner and Secretary or Secretary to the Government of Meghalaya, Agriculture Department : 2. Members comprising Chairman of all Market Committees. 3. Other ex-officio members will be as follows:

1. (i) Principal Secretaries or Commissioners and Secretaries, Agriculture, Cooperation, Veterinary and Animal Husbandry, Community and Rural Development, Fisheries Departments.
2. (ii) Agricultural Marketing adviser to the govt. of India or his nominee not below the rank of Deputy Secretary to the Government of India.
3. (iii) Representative of the National Bank for agricultural and rural development not below the rank of Deputy General Manager.
4. (iv) Managing Director, Meghalaya Cooperative Apex Bank Ltd.
5. (v) Registrar of Co-operative Societies.
6. (vi) Directors of Horticulture i/c Agricultural Marketing, Agriculture, Community Development, Fisheries, Animal Husbandry and Veterinary and Cooperation.
7. (vii) Managing Director of State Marketing Board - Member Secretary

Appointment of Managing Director, Officers and Servants of the Board. 88.

1. (1) The Board shall have a Managing Director who shall be appointed by the State Government and he shall be the Chief Executive Officer of the Board.
2. (2) The Managing Director appointed under sub-section (1) shall also function as the ex-officio Secretary of the Board.
3. (3) The Board may appoint other Officers and servants as may be necessary for the efficient discharge of its duties and functions under this Act.
4. (4) The superintendence and control over all the Officers and servants of the Board shall vest in the Managing Director.

Term of Office of the non-official Members of the Board. 89.

1. (1) The term of office of the non-official Members of the Board shall be for five years. However, the Members may hold the office at the pleasure of the State Government: Provided that the State Government may, if it thinks fit, remove any Member of the Board before the expiry of term of office.
2. (2) No person may be Member of the Board exceeding two terms.
3. (3) The State Government may, on its own motion or on resolution passed by a majority of total Members and two third of the Members of the Board voted, remove a Chairman of the Board for misconduct or neglect of or in capacity to perform his duty and on such removal he shall not be eligible to serve as a Chairman for a period of five years from the date of such removal:

Term of Official Members Term of Official Members. 90.

1. (1) The tenure of an official Member of the Board shall come to an end as soon as he ceases to hold the office by virtue of which he was nominated.
2. (2) In the event of supersession of the Market Committee from where the Members have been nominated on the Board, the concerned Member shall cease to be a Member on it.

Allowances to Members of the Board. 91. The Members of the Board other than an ex-officio Member shall be paid from the Marketing Development Fund for such sitting fee and allowances for attending its meetings and for attending to any other work as may be fixed by the State Government from time to time.

Filling of casual vacancy. 92. In the event of death or resignation or disqualification or removal of any Member of the Board or any vacancy arising otherwise before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by nomination by the State Government.

Resignation of Chairman and Members Resignation of Chairman and Members. 93. The Chairman and a Member of the Board may resign from respective post by tendering resignation to the State Government and the seat of such incumbent shall become vacant on the date of acceptance of his resignation:

Disqualification of Member of the Board Disqualification of Member of the Board. 94. No person shall be a Member of the Board who-

1. (a) is, or at any time has been, adjudged insolvent; or
2. (b) is, or has been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or
3. (c) is of unsound mind and stands so declared by the competent court; or
4. (d) is a Director or a Secretary, Manager or other salaried officer or employee of any company or firm having any contract with the Board or a Market Committee; or
5. (e) is, or at any time been, found guilty under Sections 114 and/or 126 of this Act; or
6. (f) has so abused, in the opinion of the State Government, his position as a Member, as to render his continuance on the Board detrimental to the interest of the general public.

Appointment of Sub-committee. 95. The Board may appoint sub-committees consisting of three or more of its Members which shall also include Chairman and the Managing Director, for the performance of any of its duties or functions or for give advice on any matter incidental thereto and may delegate to such sub-committee any of its duties or functions as may be deemed necessary.

Superintendence of the Board. 96. The State Government shall exercise superintendence and control over the Board and its Officers and may call for such information as it may deem necessary and, in the event of it being satisfied, that the Board is not functioning properly, it may suspend the Board and, till such time as a new Board is constituted, make such arrangements for the exercise of the functions of the Board as it may think fit:

Functions and powers of the Board Functions and powers of the Board. 97.

1. (1) The Board shall, subject to the provisions of this Act, perform the following functions and shall have power to do such things as may be necessary or expedient for carrying out these functions:
   • (i) Coordination of the working of the Market Committees and other affairs thereof including programs undertaken by such Market Committees for the development of principal market yards, sub-market yards and market sub-yards; and also in delineated market areas.
   • (ii) Undertake State level planning of the development of agricultural produce including livestock in principal market yards, sub-market yards and market sub-yards.
   • (iii) Administer the State Marketing Development Fund.
   • (iv) Give direction to the Market Committees in general or any Market Committee in particular with a view to ensuring improvement thereof.
   • (v) Any other functions specifically entrusted to it under this Act.
   • (vi) Such other functions of like nature as may be entrusted to it by the State Government.
2. (2) Without prejudice to the generality of the foregoing provisions, such functions of the Board shall include:
   • (i) approval of the proposals for selection of new sites by the Market Committees for establishment of principal market yard or sub-market yard or market sub-yard;
   • (ii) approval of the proposals for constructing infrastructure facilities in the principal market yard, sub-market yard and market sub-yards; and also in delineated market area;
   • (iii) supervision of and guidance of the Market Committees in preparation of plans and estimates of construction programme under taken by the Board;
   • (iv) execution of all works chargeable to the Board's fund;
   • (v) maintenance of the accounts in such form as may be prescribed and get the same audited in such manner as may be laid down in the regulation of the Board;
   • (vi) publishing annually at the close of the year its progress report, balance sheet and statement of assets and liabilities; and send copies thereof to each member of the Board and the State Government;
   • (vii) set up separate Marketing Extension Cell in the Board for transfer of marketing technology and extension services. Board may also make necessary arrangements for awareness generation campaign on matters related to regulated marketing of an agricultural produce including livestock and development of marketing facilities there for;
   • (viii) providing facilities for the training of officers and servants of the Market Committees after assessing the demand for trained personnel in agricultural marketing at all levels. Set up a Training Cell with college or centres for training in agricultural marketing with necessary academic support from the Directorate of Marketing and Inspection of Government of India, a National level Nodal agency.
   • (ix) provide facilities for linking of consumers to farmers or their groups through appropriate technology;
   • (x) help prepare budget for the ensuing year;
   • (xi) granting subventions on loans to Market Committee for the purposes of this Act on such terms and conditions as the Board may determine;
   • (xii) arranging or organizing seminars, workshops, exhibitions etc. on subjects related to agricultural marketing;
   • (xiii) doing such other things as may be of general interest to Market Committees or considered necessary for the efficient functioning of the Board;
   • (xiv) facilitating Market Committee in promoting grading and standardization of notified agricultural produce including livestock, including setting up of as saying labs and other infrastructures for on-line trading and activities incidental thereto;
   • (xv) providing logistic support to promote on-line trading on-line to develop barrier market for notified agricultural produce including livestock; and
   • (xvi) setting up an advisory committee with technical support of Directorate of Marketing and Inspection to promote efficient marketing of notified agricultural produce including livestock, including issues relating to grading, standardization, packaging, quality certifications, as may be prescribed.

Regulations. 98.

1. (1) The Board may, with the previous approval of the State Government, make regulations, not inconsistent with this Act and Rules made there under for the administration of the affairs of the Board.
2. (2) In particular and without prejudice to the generality of the fore going power, such regulations may provide for all or any of the following matters-
   • (a) summoning and holding of meetings of the Board, the time and date when such meetings are to be held, the conduct of business at such meetings and the number of persons necessary to form a quorum thereof;
   • (b) powers and duties of the officers and other employees of the Board;
   • (c) salaries and allowances and other conditions of service of officers and other employees of the Board and of officers of the Market Committees;
   • (d) management of the property of the Board;
   • (e) execution of contracts and assurances of property on behalf of the Board;
   • (f) maintenance of accounts and the preparation of balance sheet by the Board;
   • (g) procedure for carrying out the functions of the Board under this Act; and
   • (h) other matter for which provision is to be or may be made in regulation.

Marketing Development Fund. 99.

Payments incurred by The Board Payments incurred by The Board. 100.

Contribution towards Marketing Development Fund Every Market Committee shall pay to “Marketing Development Fund” maintained by Board in percentage upto twenty percent of its income derived from licence fees and market fees, as may be prescribed, to meet the expenses of establishment of the Board and expenses incurred in execution of the functions assigned to the Board under this Act.

The Board may, for carrying out the provisions of this Act, borrow money from the State Government or may with the previous approval of the State Government-

1. (i) from any other agency; or
2. (ii) issue debentures on the authority of any property vested in it or on the security of a part of its future income accruing to it under this Act, or the Rules made there under.

1. (1) The Market Development Fund shall be utilized by the Board either on its own or through public private partnership for discharge of functions entrusted to the Board under this Act.
2. (2) Without prejudice to generality of this provision, the Market Development Fund may be utilized for the following purposes, namely:-
   • (i) Payment of administrative expenditure of the Board.
   • (ii) Payment of travelling and other allowance to the Chairman and Members of the Board.
   • (iii) Payment of legal expenses incurred by the Board.
   • (iv) Granting aid to financially weak Market Committees in the form of loan or grant for development proposes.
   • (v) Propaganda and publicity on matters relating to marketing of agricultural produce including livestock.
   • (vi) Training of the officers and staff of the Market Committees and Board and also to market functionaries and agriculturists.
   • (vii) Organizing and arranging workshops, seminars, exhibition etc., on development of marketing.
   • (viii) Promotion and construction of infrastructural facilities in the principal market yard, sub-market yard and market sub-yard and in also common market infrastructural facilities in the delineated market area.
   • (ix) Undertaking skill development and pledge financing activities.
   • (x) Undertaking market survey and research, grading and standardization, quality assaying, quality certification of agricultural produce, on-line trading and other activities connected thereto.
   • (xi) Acquisition or constructions or hiring by lease or otherwise of buildings or land for performing the duties of the Board.
   • (xii) Internal audit of the Board and the Market Committees.
   • (xiii) Development of Haat Bazars and farmer-consumer markets for marketing of agricultural produce in the delineated market areas; and explore the possibility of developing such markets for livestock also.
   • (xiv) any other purpose, deemed necessary for execution of the functions assigned to the Board under this Act or as directed by the State Government.

1. (1) The accounts of the Board shall be subject to audit under the State Local Fund Audit Act or by a certified Chartered Accountant or by other agency as the State Government deems fit.
2. (2) The Board may make arrangement for internal audit of accounts, as it may deem fit.
3. (3) The annual accounts and balance sheet of the Board shall be prepared by the Managing Director and all money accruing to or received by the Board from whatever source and all amounts disbursed or paid shall be entered in the accounts.
4. (4) At the time of audit, the Managing Director shall cause to be produced all accounts, registers, documents and other relevant papers which may be called for by the audit officer for the purposes of the audit. Any explanation called for by such officer for the removal of any discrepancy shall be immediately furnished to him.
5. (5) The accounts when audited shall be printed.

Delegation of powers

1. (1) Subject to the provisions of this Act, the Board may by general or special order, delegate to the Managing Director or Member Secretary or sub-committee appointed by it or to any Officer of the Board such of the powers and duties under the Act, as it may deem fit.
2. (2) The Chairman or the Member Secretary of the Board may delegate his power under this Act to any Officer of the Board.

1. (1) The Chairman of the Board shall preside over the meeting.
2. (2) Subject to the superintendence of the Board, the general control and direction overall the officers and servants of the Board shall be vested with the Chief Executive of the Board.

The Managing Director shall:

1. (i) exercise supervision and control over officers and servants of the Board in matters of executive administration, concerning accounts and records and disposal of all questions relating to the service of the employees as per procedure prescribed;
2. (ii) appoint officers and staff of the Board as per direction and procedure prescribed by the Board;
3. (iii) incur expenditure from the Marketing Development Fund on the sanctioned items of work;
4. (iv) in case of emergency, direct the executions or stoppage of any work and doing of any act which requires the sanction of the Board;
5. (v) prepare annual budget of the Board;
6. (vi) arrange for internal audit of the Board;
7. (vii) arrange for the meetings of the Board and maintain records of the proceedings of the meetings of the Board as per procedure prescribed;
8. (viii) take such steps as deemed necessary for execution of the decision of the Board;
9. (ix) inspect the construction work undertaken by the Market Committees either from their own funds or loans and/or grants provided by the Board or any other agencies and take corrective measures;
10. (x) report, such acts either of the Market Committees or of the Board which are contrary to the provisions laid down under this Act or Rules and Bye-laws made thereof, and take corrective measures;
11. (xi) take such steps as deemed necessary for effective discharge of the functions of the Board.

1. (1) The Board shall meet for the transaction of its business at least once in every three months at such a place and at such times as the Chairman may determine.
2. (2) Save as otherwise provided in sub-section (1) the provisions of chapter IV shall mutatis mutandis apply for the conduct of the business of the Board.
3. (3) All proceedings of the Board shall be authenticated by the signature of the Chairman, Member-Secretary/Managing Director and all other orders and other instruments issued by the Board shall be authenticated by the signature of the Chairman, Member-Secretary/Managing Director or such other officer of the Board as may be authorized in this behalf by regulation.
4. (4) The Board shall conduct the business in a manner prescribed under the Rule.

The Chairman of the Board shall exercise such powers as may be prescribed.