(1) The State Government may, for exercising the powers conferred on and performing the functions and duties assigned to the Board by or under this Act, establish and constitute a State Agricultural Marketing Board, consisting of 1[a Chairman 2(and a Chief Administrator, who shall be an officer of the rank of the Head of the Department,) to be nominated by the State Government and eleven other members of whom four shall be officials and seven non-officials] to be nominated by the State Government in the following manner :- 3[a] official members shall include the Director and three officials, one representing the Agriculture Department, the second representing the Co-operative Department, and the third representing the Animal Husbandry Department;]
(b) of the non-official members-
(i) one shall be producer member of Committees;
(ii) one shall be member of the other registered organisations of the farmers’
(iii) one shall be progressive producer of the State of Haryana;
(iv) one shall be from among such persons licensed under section 10 as are members of the committee; 5 X X X]
(v) one representing co-opertive societies.
(vi) one shall be amongst the persons licensed under section 10; and
(vii) one representing Panchyat Samities.
7[2)] The Director shall be the ex-officio Secretary of the Board.]
8[(3)] The Board shall be a body corporate as well as a local authority by the name of the State Agricultural Marketing Board having by the name sue and be sued, and shall, subject to the provisions of this Act, be competent to acquire and hold property both movable or immovable, to lease, sell or otherwise transfer any movable or immovable property which may have, become vested in or been acquired by it, and to contract and to do all other things necessary for the purposes of this Act.]
State Agricultural Marketing Board constitution, powers and duties.
1. Substituted for the words “fifteen other members of whom four shall be officials and five non-officials” by Haryana Act 32 of 1973.
2. Inserted by Haryana Act 28 of 1980.
3. Substituted for clause (a) of sub-section (1) of section 3 by Punjab Act 40 of 1963.
4. Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitutions and Reorganisation), Order 1969.
5. Omitted by Haryana Act 32 of 1973.
6. Inserted by Haryana Act 32 of 1973.
7. Substituted for sub-section Act 32 of 1973.
8. Substituted by Haryana Act 4 of 1972.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 5[4] The non official members of the Board shall hold office during the pleasure of the State Government; provided that their term of office shall not exceed three years.]
(5) No person shall be eligible to become a member of the Board who-
(a) does not ordinarily reside within the 1[State of Haryana];
(b) is below twenty-five-years of age;
6(c) [* * * * * * * *]
(d) is of unsound mind ; or
(e) has been declared as insolvent or sentenced by a criminal court, whether within or outside the 1[State of Haryana] for an offence involving moral turpitude :
2 [Provided that the disqualification incurred under,- 6(i) [* * * * * * * * *]
(ii) Clause (e), on the ground of a sentence by a criminal court, shall not apply after the expiry of four years from the date on which the sentence has expired.]
(6) A member of the Board may resign from membership by tendering his resignation to the State Government through the Chairman of the Board and the seat of such member shall become vacant on the date of acceptance of his resignation:
3[Provided that the Chairman 4and the Chief Administrator) of the Board may resign by tendering his resignation to the State Government.]
7 * * * * * 6[7A] Whenever any member of the Board dies, resignS, ceases to reside within the State of Haryana or otherwise becomes incapable of acting as a member of the Board 8(or any vacancy occurs otherwise) the state Govt. may appoint another member in his place in the manner as provided in sub-section (1) to whichever category the vacating member belongs; provided that the term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period allowed under sub-section (4).].
1. Subsituted for the Words “Punjab State” by the Punjab State Agricultural Marketing Board and marketing Committee (Reconstitution and Reorganisation) Order, 1969.
2. Substituted for proviso to sub-section (5) of section 3 by Haryana Act 30 of 1971.
3. Proviso to sub-section (6) of section 3 added by Punjab Act 40 of 1963.
4. Inserted by Haryana Act 28 of 1980.
5. Inserted by H.A. 4 of 1980 and further substituted by H.A. 24 of 1988.
6. Omitted by H.A. 2 of 1989.
7. Inserted by H.A. 2 of 1986.
8. Inserted by Haryana Act 2 of 1989.
No. 23 of 1961 The Punjab Agricultural Produce Markets Act, 1961
(8) 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 its being satisfied that the Board is not functioning properly or is abusing its powers or is guilty of corruption or mismanagement, 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:
Provided that the Board shall be constituted within six months from the date of its suspension.
(9) The Board shall exercise superintendence and control over the Committees.
1[(10) The State Government, the Deputy Commissioner, Sub-Divisional Officer (Civil)- (the Chairman, the Chief Administrator) or Secretary of the Board or any other officer of the Board authorised in this behalf by the Board, may call for any information or return relating to agricultural produce from a Committee or a godown-keeper or other functionaries and shall have the power to inspect the records and accounts of a Committee and stock and accounts of any godown-keeper or other functionaries for that purpose.]
2[(11) * * * * * *] 2[(12) * * * * * *]
(13) Subject to rules made under this Act, an estimate of the annual income and expenditure of the Board for the ensuing year shall be prepared and passed by the Board and submitted every year for sanction of the State government not later than prescribed date. The State Government shall sanction and return the budget within two months from the date of the receipt thereof. If it is not received within two months, it shall be presumed to have been sanctioned.
(14) Subject to rules made under this Act, the Board may, with the approval of the State Government, frame bye-laws for-
(a) Regulating the transaction of business at its meetings :
(b) the assignment of duties and powers of the Board to its Chair man, Secretary or persons employed by it; and
(c) Such other matters as may be prescribed.
1. Substituted by Haryana Act 21 of 1973 and further substituted by Haryana Act 28 of 1980.
2. Omitted by Haryana Act. 21 of 1973.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 Execution of contracts by Board.
(15) 1[Four] members shall constitute a quorum at a meeting of the Board:
Provided that if a meeting is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business.
(16) 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 Chairman may exercise a casting vote.
(17)(i) The State Government may delegate to the Board or its 2[Chairman, Chief Administrator] or Secretary, any of the powers conferred on it by or under this Act; and
(ii) the Board may, under Intimation to Government, delegate any of its powers to its 2[Chairman, Chief Administrator], Secretary, or any of its officers.
(18) The headquarters of the Board shall be located at a place to be determined by the State government.
(19) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof.
3[3A(1) Every contract entered into by the Board shall be in writing and shall be signed on behalf of the Board by the Chief Administrator or any Group A Officer of the Board duly authorised by him in this behalf and shall be sealed with the common seal of the Board.]
(2) No contract other than a contract executed as provided in sub-section
(1) shall be binding on the Board.]
4. 4[X X X X X]
5. The State Government may, by notification, declare its intention of exercising control over the purchase, sale, storage and processing of such agricultural produce, and in such area as may be specified in the notification.
Such notification shall state that any objection or suggestions which may be received by the State Government within a period of not less than thirty days to be specified in the notification, will be considered.
Notification of intention of exercising control over purchase, sale, storage and processing of agricultural produce in specified area.
1. Subsituted for the word “Seven” by the Punjab State Agricultural marketing Board and Marketing Committees (Reconstitution and Reorganistion Order, 1969.
2. Substituted for the word “Chairman” by the Punjab Act 40 of 1963 and further substituted by Haryana Act 28 of 1980.
3. Section 3-A added by Haryana Act 4 of 1972 Section 3 further sub. by H.A. 38 of 1980 further substituted by Haryana Act 2 of 1989.
4. Section 4 omitted by Haryana Act 22 of 1977 and shall always be deemed to have been omitted.
No. 23 of 1961] The Punjab Agricultural Produce Markets Act, 1961