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State of Bihar - Section

Section 33 in The Bihar Agricultural Produce Markets Act, 1960

33. Consequences of supersession.

(1)Upon the publication of a notification under section 32 superseding a Market Committee, the following consequences shall ensure:-
(i)all the members including the Chairman and the Vice-Chairman of the Market Committee shall, as from the date of such publication, be deemed to have vacated their offices;
(ii)the Chief Commissioner shall by order-
(a)constitute a new Market Committee under section 9 within one year of the date of the publication of the notification under section 32, or
(b)subject to the provision of sub-clause (a) make such arrangements for a period not exceeding one year for carrying out the functions of the Market Committee as he thinks fit and may for that purpose, direct that all the powers and duties which under the provisions of this Act are to be exercised and performed by the Market Committee or its Chairman, shall be exercised and performed by such person or persons as the Chief Commissioner may appoint in this behalf:
Provided that the person who held the office of secretary of the supersede Market Committee shall not be eligible for such appointment;
(iii)all the assets vesting in the Market Committee shall, subject to all its liabilities, vest in the Chief Commissioner except that in case a new Market Committee is constituted, they shall vest in the State Government only till the date of the first meeting of the new Market Committee at which a quorum is present and thereafter re-vest in the new Market Committee.
(2)If the Chief Commissioner does not make such an order under clause (ii) of sub-section (1) he shall transfer all the assets of the Market Committee, which remain after the satisfaction of all its liabilities, to the municipality or other local authority, as the case may be, within whose jurisdiction the Market Committee is situated, or if there are more than one such municipalities or other local authorities to each of such municipalities or the other local authorities, such portion of the assets as the Chief Commissioner may determine.
(3)A municipality or other local authority to which the assets of a Market Committee have been transferred under sub-section (2) shall utilise such assets for such object in the area within its jurisdiction as the Chief Commissioner considers to be for the benefit of the agriculturists in that area.