Bare ActsThe Assam Agricultural Produce Market Act, 1972

Section 37

If in the opinion of the State Govern- • f market m ent a market committee is not competent to committee

Amendment status not verified — confirm the current text below against the official source.

If in the opinion of the State Govern- • f market m ent a market committee is not competent to committee. pe r fo r m o r persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, the State Government may, after giving the market committee an opportunity for submitting an explanation in regard to the matter, by notification, 23 stating the reasons for so doing, declare such committee to be incompetent or in default or to have exceeded or abused its powers, as the case may be and super­ sede the committee for a period not exceeding one year at a time or dissolve the committee and reconsti­ tute it as soon as possible: Provided that when a committee is superseded or dissolved the State Government may appoint any person as Chairman to carry on day-to-^ay routine matters on behalf of the committee until the sam# is reconstituted and a new Chairman is elected. * Consequences 38.(1) When an order of supersession shall have been passed under the last preceding section the • following consequences shall ensue— (a) all the members as well as the Chairman $ and the Vice-Chairman of the market committee shall from the date of such publication, vacate their offices; (b) all the powers and duties which under the Act may be exercised and performed by the commi.tee, whether at a meeting or otherwise, shall, during the period of supersession, be exercised and performed by the Chairman appointed by the State Government or by such person as the State Government may direct; (c) all assets vested in such committee shall during the peiiod of superses ion, vest in the State Governmen1: "bject to'rall its liabilities. (2) On the expiration of the period of supersession specified in the order, the State Gove nment may, (a) extend the period of supersession for such » further term as may be considered neces­ sary, but not exceeding a period of one year at a time; or (b) reconstitute the market committee and in that case the persons who vacated their office under clause (a) of sub-section (1) shall not be deemed disqualified for election or nomination, as the case may be: Provided that the State Government may at any time before the expiration of the period of supersession take action under clause (b) of this sub-secticn. 24 (3) If the State Government make an order for reconstitution of the market committee under sub­ section (2) it shall transfer the assets and liabilities of the market committee as on the date of such transfer to the new market committee constituted as such or to the person or persons if any appointed for carrying out the functions of the market com­ mittee, as the case may be : Provided that if the market committee is not reconstituted o ^ lf no person is appointed for carry­ ing out the functions of the market committee the State Government may transfer all the assets of the market committee which remain after the satisfac­ tion of all its liabilities to the local authority with­ in whose jurisdiction the market committee is situ­ ated or if there are more than one such authority, such portion of the assets as the State Government may determine. The local authority to which the assets are so transferred shall utilise the same in the area within its jurisdiction, for such objects as the State Government may consider to be for the be­ nefit of the agriculturist in that area in consonance with the provisions of this Act. Penalty for

Section 37 – The Assam Agricultural Produce Market Act, 1972 | DailyLaw.ai