THE MAHARASHTRA AGRICULTURAL PRODUCE MARKETING (REGULATION) (POSTPONEMENT OF ELECTIONS DURING THE EMERGENCY) ACT, 1975

24 December 1975

An Act to provide for the postponement of elections of members of Agricultural Produce

Market Committees in the State during the period of the Emergency declared on the 25th day of June 1975.

WHEREAS both Houses of the Legislature of the State were not in Session

AND WHEREAS elections of members of Agricultural Produce Market Commit tees are required to be conducted under the control of the Collectors of the Districts

AND WHEREAS such e of members of certain Market Committees whose term had expired or was due to expire were required to be held in the near future

AND WHEREAS because of the Emergency declared on the 25th June 1975, the Collectors of the Districts and their staff, who are necessary to hold such elections, arc required to direct all effort towards other programmes to be taken up during the Emergency and consequently would not be available for election work; and it would also be inconvenient for the members of the public in general to have such elections during such period

AND WHEREAS for these and other reasons it was expedient to postpone such elections

AND WHEREAS in consequence of s postponement, it was necessary to extend the term of office of the members of Market Committees or of the person or persons appointed under sub-section (2) of section 45 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, for carrying out the functions of the Market Committees

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to provide for postponement of the ejections and extension of the term of office as aforesaid, and to provide for the purposes connected with the matters aforesaid and therefore, promulgated the Maharashtra Agricultural Produce Marketing (Regulation) (Postponement of Elections due to the Emergency) Ordinance, 1975, on the 6th day of September 1975

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature with certain modifications hereinafter appearing It is hereby enacted in the Twenty-sixth Year of the Republic of India as follows

SECTION 01: SHORT TITLE COMMENCEMENT AND EXTENT

(1) This Act may be called the Maharashtra Agricultural Produce Marketing (Regulation) (Postponement of Elections during the Emergency) Act, 1975.

(2) It shall be deemed to have come into force on the 6th day of September 1975.

(3) It shall remain in force during the period of operation of the Proclamation of Emergency issued under clause (1) of article 352 of the Constitution of India on the 25th day of June 1975 and for a period of six months thereafter, or until such earlier date as may be notified by the State Government iii the Official Gazette and shall then expire. Section 7 of the Bombay General Clauses Act, 1904, shall apply upon the expiry of this Act, as if it had been repealed by a Maharashtra Act.

SECTION 02: DEFINITIONS

In this Act, unless the context otherwise requires,—

(a) “administrator” means a person appointed under sub-section (2) of section 45 of the Marketing Regulation Act for carrying out the functions of any Market Committee

(b) “Market Committee” shall have the meaning assigned to it in the Marketing Regulation Act

(c) “the Emergency” means the Emergency declared under the Proclamation of emergency issued under clause (1) of article 352 of the Constitution of India on the 25th day of June 1975

(d) “the Marketing Regulation Act” means the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963.

SECTION 03: POSTPONEMENT OF ELECTIONS OF MEMBERS OF MARKET COMMODITIES AND EXTENSION OF TERM OF OFFICE OF MEMBERS AND ADMINISTRATORS

1) Notwithstanding anything contained in the Marketing Regulation Act and the rules made thereunder—

(a) during the period this Act is in force, no election of the members o any Market Committee or election to fill any casual vacancy in any Market Committee shall be held provided that, where the election programme for the purpose M any such election has already been announced by the Collector before the date of commencement of this Act, such election shall be held and completed

(b) the term of office of al members (whether elected, nominated, appointed or ex-official of the Market Committees [excepting those whose election is to be completed as required by clause (a) above, who were in office on the date of commencement of this Act (whether their term or extended term had expired before or will expire after the said date at any time during the period this Act is in force) shall be deemed to have been extended or to be extended, as the case may be and such members shall continue to hold office during the period this Act is in force

(c) the term of office of the administrators appointed for carrying out the functions of any Market Committees, who were in office on the date of commencement of this Act (whether their term or extended term had expired before or will expire after the said date, at any time during the period this Act is in force shall be deemed to have been extended or to be extended. is the case may be; and such administrators shall continue to hold office during the period this Act is in force.

(2) Nothing contained in sub-section (1) shall affect the judgement, decree o order of any Court delivered or passed before the commencement of this Act directing the holding of any election of a member or members of an Market Corn- mince and such election shall be held and completed, and the Committee shall be constituted in accordance with the directions of the Court.

SECTION 04: CASUAL VACANCY

Notwithstanding, anything contained in the Marketing Regulation Act and the rules made thereunder, but subject to the provisions of sub-section (2) of section 14 of that Act, in the event of a vacancy occurring in any Market Committee on account of death, resignation or removal of a member or through a member becoming incapable of acting, previous to the expiry of his term of office, or otherwise, the Chairman shall forthwith communicate the occurrence to the Director of Agricultural Marketing, and the vacancy shall be filed by the Director, as soon as conveniently. may be, by appointment or nomination of a person thereto, who shall hold office so long only as the member in whose place he is appointed or nominated would have held it if the vacancy had not occurred

Provided that, if the vacancy occurs within six months preceding the date on which the term of office of the member expires, the vacancy shall, unless the State Government directs otherwise, not be filled.

SECTION 05: VALIDATION OF ACTS OF MARKET COMMODITIES AND OF MEMBERS AND ADMINISTRATORS WHOSE TERM OF OFFICE STANDS EXTENDED UNDER SECTION 3

All members of the Market Committees and all administrators appointed for carrying out the functions of any Market Committees whose term of office is deemed to have been extended or is extended, as the ease may be, under section 3, shall, throughout the extended period also, be competent to exercise all powers and perform all duties and functions as such members or administrators, as the case may be and no acts done by any such committee, member or administrator during the said period shall be deemed to be invalid, or shall be called in question in any Court, merely on the ground that the term of office was not extended in time, or as not otherwise duly extended, or that during the extended period, the Market Committee, member or administrator could not exercise all powers and perform all duties and functions of a Market Committee, member or administrator, as the case may be.

SECTION 06: APPLICATION OF MAHARASHTRA XX OF 1964

Except as otherwise provided by or under this Act, the Marketing Regulation Act shall in all other respects apply to the Market Committee concerned

SECTION 07: REMOVAL OF DIFFICULTIES

If any difficulty arises in giving effect to the provisions of this Act, or by reasons of anything contained therein, or in giving effect to the provisions of the Marketing Regulation Act, in respect of any matter contained in this Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary for the purposes of removing the difficulty.

SECTION 08: REPEAL OF MAH ORD IX OF 1975 AND SAVING

(1) The Maharashtra Agricultural Produce Marketing (Regulation) (Postponement of Elections due to the Emergency) Ordinance, 1975, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including any appointment or nomination made or arty order issued) under the Ordinance o repealed, shall be deemed to have been done, taken, made or issued, as the case may be, under the corresponding provisions of this Act.