28 THE UTTAR PRADESH KRISHI UTAPADAN MANDI SAMITIS (ALPAKALIK VYAWASTHA) ADHINIYAM, 1972 1 [U.P. Act No. VII of 1972] [Passed in Hindi by the Uttar Pradesh Legislative Council on January 4, 1972 and by the Uttar Pradesh Legislative Assembly on April 10, 1972.
Received the assent of the Governor on January 19, 1972 under Article 200 of the Constitution of India and was published in the Uttar Pradesh Gazette extraordinary dated January 22, 1972.]
AN ACT further to amend the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 IT Is HEREBY enacted in the Twenty-Second Year of the Republic of India as follows ;- Short title 1- This Act may be called the Uttar Pradesh Krishi Utpadan Mandi Samitis (Alpakalik Vyawastha) Adhiniyam, 1972.
2 [Temporary provision regarding administration of Mandi Samitis 2- (1) With effect from the date of commencement of the Uttar Pradesh Krishi Utpadan Mandi Samitis (Alpakalik Vyavastha) (Sansodhan) Adhiniyam, 1994, the provisions of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as the said Adhiniyam), shall [till December 31, 2000] 3 or until the constitution of an elected Mandi Samiti under section 13 of the said Adhiniyam, whichever is earlier, have effect in relation to every market area which existed on the date of such commencement or declared to be so during the said period, subject to the following provisions, namely :-
(a) except as provided in clause (e), all powers, functions and duties of a Market Committee shall be exercised, performed and discharged by an ad-hoc committee to be nominated by the State Government;
(b) the ad-hoc committee referred to in clause (a) shall consist of eleven members, one of whom shall be designated as the Chairman; and out of the members, one member shall be from amongst the commission agents and two from amongst the traders carrying on business in the market area, as evident from the licence of the Market Committee and eight from amongst the producer members of market area;
(c) the State Government may at any time replace any member of the ad-hoc committee by making a fresh nomination in his place;
(d) subject to the provisions of this section the ad-hoc committee shall be deemed for all purposes to be the Market Committee ;
(e) the ad-hoc committee shall not transfer or acquire any immovable property without prior permission of the Director of Mandis, Uttar Pradesh, Lucknow;
1- For objects and reasons, see Uttar Pradesh Gazette Extraordinary dated January 5, 1972.
2- Subs. by section 2 of U.P. Act No. 6 of 1994.
3- Subs. by section 2 of U.P. Act No. 7 of 1999.
29 [The Uttar Pradesh Krishi Utpadan Mandi Samitis (Alpakalik Vyawastha) Adhiniyam, 1972] [Section 3]
(f) if there is a difference of opinion amongst the members of the ad-hoc committee, the decision of the majority shall prevail ;
(g) the State Government may from time to time, by notification make such incidental and consequential provisions, including provisions for adapting, modifying or suspending, in whole or in part, the operation of any provisions of the said Adhiniyam, but not affecting the substance, as may appear to it to be necessary or desirable for any of the foregoing or connected purposes;
(h) Until the nomination of ad-hoc committee under clauses (a) and (b), the arrangement in force immediately before the commencement of the Uttar Pradesh Krishi Utpadan Mandi Samitis (Alpkalik Vyavastha (Sansodhan) Adhiniyam, 1994 for the exercise, performance and discharge of the powers, functions and duties of a Market Committee shall continue;
(i) the District Magistrate shall with effect from the date of the nomination of the ad-hoc committees under this section, cease to exercise all powers, functions and duties of the Market Committee or its Chairman and Vice-Chairman and any officer specified by the District Magistrate to exercise any such powers shall also, with effect from the said date, cease to exercise them.
(2) Every notification issued under clause (g) of sub-section (1) shall as soon as may be, after it is issued be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days extending in its one session or more than one successive sessions, and shall, unless some later date is appointed take effect from the date of its publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may during the said period agree to make, so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. ] 1 Repeal of U.P.
Ordnance no.
15 of 1971 3- The Uttar Pradesh Krishi Utpadan Mandi Samitis (Alpakalik Vyawastha) Adhyadesh, 1971, is hereby repealed.
1. Subs. by section 2 of U.P. Act No. 6 of 1994.