section 14
Constitution of Market Committee
The Sikkim State Agricultural Produce Marketing (Development and Regulation) Act, 2005(1) Every Market Committee shall consist of the following members, namely (i) Five members shall be agriculturists possessing such qualifications as may be prescribed to be elected by the Managing Committee members of the primary agricultural cooperative societies functioning in the market area and by the Sarapanch and members of the Village Panchayat of which two shall be elected from amongst the committee members of Primary Agricultural Societies: Provided further out of 5 representatives of agriculturist at least one shall belong to each of the following sections of the society - 1. Scheduled Caste/Tribe (one member) 2. Other Backward Class (one member) 3. Most Backward Class (one member) (Women): Provided further that no agriculturist will be eligible to be elected as representative of agriculturists unless he has sold agricultural produce in the market in proceeding two successive years: Provided further if the committee is established first time, then no agriculturist will qualify to be elected as a representative of agriculturist unless he has sold agricultural produce in the market durinq the last six months; (ii) Two members shall be licensed traders elected amongst them in the manner prescribed; (iii) One member shall be a representative of the Co-operative Marketing Societyl, which has the headquarters within market area: Provided further if there is more than one such society the representative will be elected as prescribed; (iv) Two members shall be the Government nominees out of whom one member shall be the representative of the State Department of Food Security and Agriculture Development / Horticulture & Cash Crop Development land District Collector Office each; (v) One representative of Local authority (Chairman of Nagarpalika from Municipalities, or Municipal Corporation Mahanagarpalika, Panchayat Samiti or Zilla Parishad as the case may be). (2) A member elected under clauses (i), (ii), (iii) and (vi) of sub-section (1) shall cease to hold office as such member if he ceases to be a member of the electorate by which he was elected. (3) The State Government may make rules to. provide for the election of the members of the Market Committee, the authority which shall conduct election, determination of constituencies, the preparation and maintenance of the list of voters,disqualifications for being chosen as and for being, a member the right to vote, the payment of deposit and its forfeiture, election offences, the determination of election disputes and all matters ancillary thereto. (4) On the failure of the electorate mentioned in clause (i) and (ii) of sub-section (1) to elect a member or members referred to in the said clause after the proceedings have been started in accordance with the provisions of this Act or the rules made there under, the State Government shall nominate on behalf of the electorate concerned a person or persons qualified to be a member as member or members of the Market Committee. (5) Members of every Market Committee shall hold office for a period of five years from the date of the first general meeting of the Market Committee. (6) If within the period mentioned in sub-section (5) the Market Comrnittee is not newly constituted, the :v1arketCommittee shall on the expiry of such period, be deemed to have been dissolved. (7) An elected member of the Market Committee may resign his office at any time by a letter in writing addressed to the Director/Managing Director to that effect and his office shall become vacant on expiry of fifteen days from the date of such resignation unless within the said period of fifteen days he withdraws the resignation by another letter in writing addressed to the Director/ Managing Director. (8) In the event of the death, resignation or removal of a member before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in office and such vacancy shall be filled as soon as may be by the election or nomination, as the case may be, of a person thereto as member, who shall take office forthwith and shall hold such office for the unexpired term of his predecessor; provided that no casual vacant shall be filled which occurs within a period of four months preceding the date on which his term expires. (9) The Chairman and other members of the Market Committee shall be paid from. the Market Committee funds such honorarium. sitting fees, traveling allowances and other allowances as may be fixed by the Director/ Managing Director from time to time.
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