GOVERNMENT OF WEST BENGAL
Department of Agriculture
(M W & C – Branch)
Dated, Calcutta the 8 November 1982
In exercise of the power conferred by section 38 of West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 (West Ben. Act XXXV of 1972), the Governor is pleased hereby to make the following rules, namely:
MARKET COMMITTEE, ITS SUB-COMMITTEES, SECRETARY, OFFICERS AND OTHER EMPLOYEES
22. Transaction of business of the market committee
(1) The market committee shall cause to be maintained minuted book which shall be opened to all for inspection in its office at all responsible hours. The Secretary shall be in charge of this minute book, wherein record of the proceedings of every meeting of the market committee in the next meeting. The minute book shall be permanently preserved.
(2) A copy of the proceedings of every meeting of the market committee shall be forwarded by the Secretary on behalf of the market committee within seven days of such meeting to the Director and Board.
(3) All business of the meeting and office of the market committee shall, as far as possible be conducted –
(a) in the three hill sub-division of Darjeeling, namely, Darjeeling, Kalimpong and Kurseong, in the Bengali language and in the Nepali language and
(b) elsewhere, in the Bengali language.
23. Function of the market committee
The market committee shall discharge the duties and functions under section 12 of the Act and also such other functions at the State Government may direct it to perform to carry out the purpose of the Act and in the general interest of agricultural marketing in the State.
24. Terms and conditions of appointment of members of the committee
(1) Subject to the provisions of sub-rule (2), no member of the market committee shall be entitled to draw any salary, wages, fee, honorarium or allowances from the market committee fund and shall not hold any office to profit under the market committee
(2) the market committee may grant to a non-official member such traveling allowance as may be determined by it with the approval of the Board to meet expenditure that may be incurred by him for attending a meeting of the market committee:
Provided that no such traveling allowance shall be paid for attending a meeting of the market committee held in the market area.
Explanation – For the purpose of this sub–rule a non–official means a member who has been appointed to represent the small growers or agriculturists or licensed traders.
(3) No member of a market committee shall enter into a contract with the market committee and shall, draw any amount from the market committee fund for execution of any contract or for marketing payment to a contractor,
Explanation – Taking out a licence from the market committee for acting as a market functionary shall not constitute entering into a contract with the market committee for the purpose or this sub-rule.
(4) No member of a market committee shall indulge in or encourage any activity prejudicial to the interest of the market committee or contrary to the accepted decisions of the
market committee or contrary to the purposes of the Act and the rules and bye-laws made thereunder.
(5) No member of a market committee shall remain absent from two or more consecutive meetings of a market committee except on leave of absence from the market committee.
(6) Every member shall be liable for loss, waste or misapplication of the fund or other property belonging to the committee, if such loss, waste or misapplication is proved to the satisfaction of the Board to be the consequence of his neglect or misconduct in the performance of duties as a member of the committee and he may, after being given an opportunity to show cause why he shall not be require to make good the loss, be surcharged with the value of such property or the amount shall be recoverable from the member by the market committee.
(7) A member against whom an order to make good the loss been made under sub-rule (6) may, within one month from the service of such order, appeal to the State Government which shall have the power of confirming, modifying or setting aside the order.
25. Constitution of sub-committee by the market committee
(1) A sub-committee that may be constitute by a market committee under sub-rule (2) of section 12 shall consist of not more than five members:
provide that the Chairman or the Vice-Chairman of the market committee shall be one of the sub-committee.
(2) The Chairman of the mark committee, or in his absence Vice-Chairman shall be the ex-officio Chairman and the Secretary of the market committee shall be the ex-officio Secretary of the sub-committee.
(3) The Secretary shall record the minutes of the meetings of the sub-committee.
(4) Two member shall from the quorum of the meetings of a sub-committee.
(5) Every sub-committee shall conduct and regulate its business and such manner as may be specified in the bye-laws made by the market committee or in the decision of the market committee constituting the sub committee.
26. Terms and conditions of appointment of Secretary
(1) The Secretary of the market committee shall be appointed by the State Government and shall held office during the pleasure of the State Government.
(2) The Secretary shall be the principal officer of the market committee and shall carry into effect the resolution of the market committee and shall be responsible for keeping the
accounts of the market committee and also for timely submission of all returns, statements and reports by the market committee to the Director, Board and State Government.
(3) The Secretary shall discharge such other function as are entrusted to him by the Act and the rules and the bye-laws made thereunder.
(4) No market committee shall pass an order of dismissal, removal, suspension or reduction in rank of a Secretary without the previous approval of the State Government.
(5) The Secretary may send at any time any report or communication regarding the affairs of the market committee to the Director Board and the State Government.
(6) At the end of each market year the Chairman of the market committee shall send a report on the performance of the Secretary to the Director and the Board.
(7) The pay or scale of pay, if any, attached to the post of a Secretary shall be such as may be determined by the State Government from time to time.
(8) If the Secretary is an officer of the State Government or of the Board deputed to the market committee, he shall draw pay and allowances in terms of the order of the deputation, and his other conditions of service shall be governed by the rules of the service organisation to which he belongs.
(9) If the Secretary is not an officer of the State Government or of the Board, deputed to the market committee, his pay or scale of pay shall be such as may be determined by the market committee subject to the approval of the Board.
27. Appointment of others and employees
(1) No market committee shall appoint any officer or employee except with the prior sanction of the Board.
(2) Proposal for sanction under sub-rule (1) shall be sent to the Board by the market committee with full supporting facts and figures at least on month before the proposed date of appointment.
(3) The market committee may, subject to the approval to the Board in terms of sub-section (4) of section 14, frame rules for:
(a) recruitment to various posts,
(b) pay or scale of pay attached to various posts,
(c) categories and scale of allowances admissible to its officers and employees,
(d) payment of traveling allowances, grant of leave and leave salary, loans, advances, exgratia payments, honorarium,
(e) establishment and maintenance of provident fund for its officers and employees,
(f) furnishing of security bonds, guarantees etc. by its officers and employees,
(g) conduct, disciple and punishment of its officers and employees and
(h) other conditions of service for its officers and employees.
28. Appeal against the decision of the Board in service matters
A market committee or any person dissatisfied with the decision of the Board in the matter of section of appointment or approval of service rules, in terms of sub-section (3) and (4) of section 14 may, within thirty days from the date of communication of the decision, appealin writing to the State Government –
(a) the facts of the case,
(b) the original proposal of the market committee,
(c) the decision of the Board,
(d) the ground of the appeal, and
(e) the relief sought for.