Section 38 in The Assam Agricultural Produce Market Act, 1972
38. Consequence of supersession.
(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 committee, 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 assists vested in such committee shall, during the period of supersession, vest in the State Government subject to all its liabilities.(2)On the expiration of the period of supersession specified in the order, the State Government may-(a)extend the period of supersession for such further term as may be considered necessary 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-section.(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 committee, as the case may be:Provided that if the market committee is not reconstituted or if no person is appointed for carrying out the function of the market committee the State Government may 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 committee is situated 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 benefit of the agriculturist in that area in consonance with the provisions of this Act.
