Constitution of the Board

(1) The State Government may, for the purposes of this Act, by notification in the Official Gazette establish and constitute a Board to be known as the Sikkim State Agricultural Marketing Board. (2) The Board shall have sixteen members consisting of the following persons, namely:— (a) six official members as under:— (i) Secretary to the Government of Sikkim in Agriculture Department who shall be the ex-officio president of the Board; (ii) Secretary to the Government in Urban Development and Housing Department; (iii) Director, Agriculture Department, who shall be the Vice-President of the Board; (iv) Director, Horticulture Department, who shall be the Managing Director and also Chief Executive of the Board; (v) Director, Animal Husbandry Department; (vi) Registrar, Co-operative Department; (b) six non-official members as under:— (i) Two presidents of Market Committee; (ii) one representative from Spices Board; (iii) Managing Director, Sikkim Co-operative Supply and Marketing Federation (SIMFED); (iv) One member from financial institution; (v) One member from progressive farm; (vi) One member from traders representative. (3) The State Government shall appoint an officer of the Agriculture or Horticulture Department having diploma in Agricultural Marketing to be the Executive Officer to assist the Managing Director for efficient performance of the duties and functions of the Board. (4) Presence of five members shall constitute quorum for the meeting of the Board. (5) All questions before a meeting of the Board shall be determined by a majority of votes of the members present and voting and in case of equality of votes the president may exercise a casting vote. (6) No proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof. (1) In case of peculiar nature of trading of any agricultural produce, a separate market committee within the same market area may be established if the independent market committee already functioning is unable to undertake its trading: Provided that not more than one market committee shall be established within the same market area for the same type of agricultural produce. (2) Every market committee shall consist of the following members to be nominated by the State Government, namely :- (i) Deputy Director of Horticulture of the area who shall be the ex-officio president of the committee, (ii) Deputy Director of Agriculture of the area, (iii) Deputy Director of Animal Husbandry of the area, (iv) one member of the Co-operative Societies holding licence in the market area, (v) one member from the traders holding licence in the market area, (vi) two farmers' representatives of the area, (vii) one member from the Urban Development and Housing Department. (3) The non-official members shall hold office for a period of five years commencing from the date of the first meeting of the market committee. (4) The official members shall cease to hold office, if he ceases to be a member of the category of persons from which he was nominated. (5) A member shall also cease to hold office if he resigns his membership and the same is accepted by the market committee or if he is removed by the State Government. (6) Whenever any vacancy occurs in membership for any of the reason aforesaid the said vacancy shall be filled in the same manner and such member shall hold office for the unexpired term of the member in whose place he is nominated. (7) Notwithstanding any vacancy, the market committee shall be competent to exercise its powers and perform its duties and none of its act shall be questioned merely on the ground of the existence of any vacancy or any defect in its constitution.