Amendment status not verified — confirm the current text below against the official source.
Supersession of market committee - (1) If, in the opinion of the State Government, a market committee is not competent to perform or persistently makes default in performing the duties imposed on it by or under this Act or abuses its powers, the State Government may by notification in the official gazette supersede such market committee. Provided that, before issuing a notification under this sub-section ,the State Government shall give a reasonable opportunity to the market committee for showing cause why it should not be superseded and shall consider the explanation and objections, if any, of the market committee. (2) Upon the publication of a notification under sub-section (1) superseding a market committee, the following consequences shall ensue - i. All the members as well as the Chairman and Vice-Chairman of the market committee shall, as from the date of such publication, be deemed to have vacated their offices; ii. 1 The State Government may, in its discretion, by order either constitute a new market committee under section 7 or make such arrangements for carrying out of the functions of the market committee as it thinks fit for a period of six months in a time but not exceeding eighteen months in aggregate and before the expiry of the said period of the said period of eighteen months a new market committee shall be constituted under section 7. iii. All the assets vesting in the market committee shall, subject to all its liabilities, vest in the State Government. (3) If the State Government makes an order under clause(ii) of 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 under section 7 or to the person or persons ,if any, appointed for carrying out the functions of the market committee, as the case may be. (4) If the State Government does not make such an order, it shall transfer all the assets of the market committee, which remain after the satisfaction of all its liabilities, to the local authority within whose jurisdiction the market area for which the market committee was constituted, is situated or, if there are more than one such authority to each of such authorities such portion of the assets as the State Government may determine. (5) A local authority to which assets of market committee have been transferred under sub-section (4) shall utilise such assets for such object in the area within its jurisdiction as the State Government considers to be for the benefits of the agriculturists in that area. 2 27-A. Appointment of an Administrator - (1) Notwithstanding anything contained in this Act or rules, if at any time it appears to the Government that on account of a decision or order of a competent court, a market committee has not been validly constituted under this Act or that it is disabled from functioning or the term of the market committee has expired or if the total number of vacancies exceeds one-third of the 3 (total number of elected members) of the elected market committee or the market committee is otherwise not competent to function, the Government may by notification, cause all or any powers and duties of the market committee to be exercised and performed by such officer, in such manner and for such period and subject to such conditions as it may, by notification direct. (2) If a market committee is unable to function on account of any of the reasons specified in sub-section(1), it shall be the duty of the secretary and the director to bring the matter to the notice of the Government as early as possible and to take effective measure to hold all the properties of the market committee in trust till Action under subsection(1) is taken by the Government. (3) All the powers and duties of the market committee exercised and performed bona fide till the date of the notification referred to in sub-section(1), by the persons who constituted such market committee, shall be deemed to have been validly exercised and performed by the said persons; and shall not be deemed to be invalid or called in question on the ground merely that they were not members of a validly constituted market committee. 2 27-B. Power of entry and search - (1) The secretary of the market committee or any officer authorised by the Government in this behalf may- (a) For carrying out any of the duties imposed on the market committee under this Act, inspect at all reasonable times, all accounts, registers and other documents pertaining to the purchase and sale of notified agricultural produce and enter any shop, godown, factory or other place where such account books or registers or documents or such goods are being kept and taken and cause to be taken such copies or extracts from the account books, registers and other documents inspected as may be considered necessary; (b) Seize any account books, registers and other documents for reasons to be recorded in writing; and an inventory of the account books and registers shall be prepared and a copy thereof, shall be furnished to the concerned person before their removal; (c) Seize any agricultural produce in respect of which he has reason to believe that an offence under this Act has been or is being or is about to be committed and vehicle or animal which he has reason to believe to be in use or to have been used for carrying such agricultural produce and may detain the same for as long as may be necessary in connection with any proceeding under this Act, or for initiating prosecution under this Act. Provided that a report of the seizure shall forthwith be made by the person seizing the agricultural produce, vehicle or animal to the Magistrate having jurisdiction to try offences under this Act and the provisions of Sections 523,524 and 525 of the Code of Criminal Procedure, 1898 shall, so far as may be, apply in relation to the notified agricultural produce, vehicle or animal seized as aforesaid as they apply to property seized by a police officer: Provided further that the grounds for seizing any such agricultural produce, vehicle or animal shall be communicated in writing within twenty four hours of the seizure to the person from whose possession the same was seized and to the Magistrate having jurisdiction to try offences under this Act. (2) Any person aggrieved by such Action may file an appeal to the Director or any other officer authorised by him who shall proceed to decide the case, after giving the secretary or the officer so authorized and the owner of the seized property a reasonable opportunity of being heard and the decision of the Director or authorised officer shall be complied with. (3) The provisions of the section 102, 103 of the 4 (Code of Criminal Procedure, 1898 relating to search and seizure shall, so far as may be, apply to searches and seizures made under this section.)