Bare ActsThe SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005

Section 97

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

(1) The Director/Managing Director may, of its own motion, or on report or complaints received by order prohibit the execution or further execution of a resolution passed or order made by the Committee or its Chairman or any of its officers servants, if it is of the opinion that such resolution or order is prejudicial to the public interest, or is likely to hinder efficient running of the business in any Market area, principal market yards or sub-market yard or is against the provisions of this Act or the rules or bye-laws there under. (2) Where the execution or further execution of a resolution or order is prohibited by an order made under SUb-section (1) and continuing in force, it shall be the duty of the committee, if so required by the Director/the Managing Director, take such action which the committee would have been entitled to take if the resolution or order had never been made or passed and which is necessary for preventing the Chairman or any of its, officers or servants from doing or continuing to do anything under the resolution or order. 98, (1) The Director, Managing Director may, on his own motion, or on an application made to him, call for and examine the proceeding of any Market Committee and the State Government may of its own motion or on an application made to it, call for examine the proceedings of the Managing Director, for the purpose of Director satisfying himself or itself. As the case may be, as to the legality or propriety of any decision taken or order passed and as to the regularity of he proceedings of the committee or the Director/Managing Director, as the case may be, If in any case, it appears to the Director. Managing Director or the State Government that any such decision or order or proceeding so called for should be modified, annulled, reversed, or remitted for reconsideration he or it may pass such order thereon as he or it may deem fit: Provided that every application to the State Government for the exercise of the powers under this section shall be preferred within sixty days from the date on which the decision or order to which the application relates was communicated to the applicant: Provided further that no such order shall be passed under sub-section (1) without giving a reasonable opportunity of being heard to the parties affected thereby. (2) The State Government may suspend the execution of the decision taken or order passed by the Market Committee/ Director/ Managing Director, pending the exercise of its powers under sub-section (1).

Section 97 – The SIKKIM STATE AGRICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT,2005 | DailyLaw.ai