(1) The State Government may, by notification, declare—
(i) any enclosure, building or locality in any market area, to be the principal market yard and other enclosures, buildings or localities in such area to be one or more sub-market yard or yards for a market area; and
(ii) such area, includig all lands and the buildings thereon, within such distance of the market yard or yards, as it thinks-fit, to be market proper.
Market 5. (1) For every market area the State Government shall, by Committee. notification, constitute a market committee.
(2) Every market committee shall be a body corporate by such name as the State Government may specify, shall have perpetual succession Declaration of principal market yard sub-market yard and market proper.
196 The West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.
XXXV of 1972.]
(Section 5.)
and a common seal, may sue and be sued in its own name, shall acquire, hold and dispose of property both movable and immovable, enter into contracts and do all such things as may, from time to time, be necessary for carrying out the functions of this Act:
Provided that save as the State Government may, by general or special order, direct, no market committee shall permanently transfer any immovable property except in pursuance of a resolution passed at a meeting of the market committee by not less than three-fourths of its members and with the previous sanction of the State Government.
(3) A market committee shall consist of the following members—
(a) two officers of the State Government of whom at least one shall be an officer of the Directorate of Agriculture, West Bengal, having jurisdiction over the area for which the market committee is constituted;
(b) one person to represent the members of any co-operative marketing society carrying on business in the market area, or if there is no such co-operative marketing society, any other co-operative society carrying on business in such area;
(c) one person representing the bank financing the market committee:
Provided that in case where fmancing by bank is not done the State Government may nominate a representative of any other bank functioning in or near the market area;
one person representing the local authority having jurisdiction over the market area;
(e) five persons representing the agriculturists of the locality carrying on business in agricultural produce in the market area; and
(f) two persons representing the licensed traders doing business in agricultural produce in the market area.
(4) The State Government may, at any time, by order issued in this behalf, increase the representation of members mentioned in clauses (e) and (f) of sub-section (3) to seven and three respectively.
(5) The members of every market committee shall be appointed by the State Government in consultation with the Director.
(6) The State Government shall appoint one from among the members of the market committee to be the Chairman who shall be the executive head of the market committee and another to be the Vice-Chairman of the market committee.
(d) 197 The West Bengal Agricultural Produce Marketing (Regulation) Act, 1972.
[West Ben. Act (Sections 6-10.)
Publication of names of members.
Disqualification of members.
Terms and conditions for holding office.
Casual vacancy.
Removal of member.
(7) The term of office of the members of the market committee, save as otherwise provided in this Act, shall be three years from the date of publication of their names in the Official Gazette and shall include any further period which may elapse between the expiration of the said period of three years and the date of the first meeting of the succeeding market committee at which a quorum is present: '
Provided that a member of a market committee may, on expiry of his term of office, be re-appointed.
6. The names of Chairman, Vice-Chairman and every member of the market committee shall be published by the State Government in the Official Gazette and the market committee shall be deemed to be duly constituted from the date of such publication.
7. No person who—
(a) is an employee of the market committee, or
(b) has been declared by a competent court to be of unsound mind, or
(c) is an undischarged insolvent, or
(d) has been convicted by a court of law for an offence involving moral turpitude, shall be eligible to be appointed as a member of any market committee.
8. The members of every market committee shall hold office on such terms and conditions as may be prescribed.