Incorporation of the Board

The Board shall be a body corporate having perpetual succession and a common seal with power subject to the provisions of this Act, to acquire and hold property and shall, by the said name, sue and be sued. The State Government shall exercise superintendence and control over the Board and its employees and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly, the State Government may reconstitute it. The State Government may, for the purposes of this Act, by notification in the Official Gazette, constitute a Board to be known as the Sikkim State Agricultural Marketing Board. The Board shall have thirteen 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) seven 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. 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. (5) Presence of five members shall constitute quorum for the meeting of the Board. 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. 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. (6) The Board shall be a body corporate having perpetual succession and a common seal with power subject to the provisions of this Act, to acquire and hold property and shall, by the said name, sue and be sued. The State Government shall exercise superintendence and control over the Board and its employees and may call for such information as it may deem necessary and, in the event of its being satisfied that the Board is not functioning properly, the State Government may reconstitute it.