section 23
Qualification to vote and be the representative of agriculturist.
The Nagaland Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2020General2020136 sections
Statutory text
- (1) Every person- The Nagaland Gazette, Part-V 15, May, 2020 (a) who is an indigenous inhabitant of Nagaland and resident of the notified area and whose name is entered as land owner inthe village land records or is i tenant as per the State's respective Land Reforms Act; (b) who has completed the age of 18 years; and
- (e) whose name is included in the voters list prepared under the provisions of this Act and the Rules made there under, shall be qualified to vote at the election of a representative of agriculturists: Provided that no person shall be eligible to vote in more than one constituency.
- (2) No person shall be qualified to be elected as a representative of agriculturists unless-(a) his name is included in the list of voters as agriculturist of the delineated market area;(b) he is otherwise not disqualified for being so elected under the provisions of this Act or any other law for time being in force. (3)No.person shalt be eligible for election for more than one Market Committee or constituency as the case may be. 24. Provision for election. Subject to the provisions of this Act, the Chairperson. Vice-Chairperson. Members of the Market Committee shall be elected in the manner prescribed in the Rules. Such Rules may provide also for preparation and maintenance of the lists of voters and their qualification and disqualification, reservation of seats and all matters connected thereto. 25. Chairperson and Vice-Chairperson of the Market Committee. (1) Every Market Conunlee shall have a Chairperson and vice-Chairperson who shall be elected from amongst the members who are representatives of agriculturists. (2) The Market Committee shall elect the Chairperson and vice-Chairperson at its first general meeting, which shall he convened, by the Managing Direciur or Member Secretary within one month of issue of notification by the State Government constituting the Market Qmniittee. The Chairperson and vice-Chairperson.so elected shall hold office for the full term from the date on which he enters upon the office. (3) The Chairperson and vice-Chairperson shall hold office until the expiry of his term of office or continue to hold office until his successor enters upon the office. 4) The meeting convened for the election of the Chairperson and vice-Chairperson shall be presided over by the Managing Director or Member Secretary or any Officers authorized by him in this behalf. The Managing Director/Member Secretary or such officer, when presiding over the meeting. has the same powers as the Chairperson of the Market Committee, but shall not have the right to vote.
15, May, 2020 The Nagaland Gazette, Part- V
- (5) if in the election of a Chairperson and vice-Chairperson, there is an equality of vote, the result of the election shall be decided by lots to be drawn in the presence of the Officer presiding in such manner as he may determine. (6) in the event of dispute. arising as to the validity of the election of a Chairperson or vice-Chairperson, the Deputy Commissioner or the Member Secretary, if he is the presiding officer, shall decide the dispute himself and in any other case. the officer presiding over the election shall refer the dispute to the Deputy Commissioner/Board for decision. The decision of the Deputy Commissioner/Board shall be final, and no suit or other proceeding shall lie in any court of Law in respect of such decision. (7) Reservation of seats to election of the Chairperson and the Vice-Chairperson for women will he as per the Government policy, as may he prescribed. (8) No person shall be eligible to contest election simultaneously for office of the Chairperson. Vice-Chairperson and a Member. (9) if any delineated market area fails to elect a Chairperson and/or Vice-Chairperson, fresh election proceedings shalt he initiated to till the office within six months: Provided that pending the election of Chairperson under this sub-section, the Vice-Chairperson elected shall discharge all the functions of the Chairperson. Provided further that pending the election of Chairperson and Vice.-Chairperson under this
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