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Central Provinces And Berar - Section

Section 16A in The Central Provinces and Berar Agricultural Produce Market Act, 1935

16A. [ Management of markets by Co-operative Societies. [This section was inserted by C. P. and Berar Act XI of 1947, Section 2.]

(1)Any society registered under the Co-operative Societies Act, 1912 and desirous of managing a market may make an application to the State Government in writing to that effect.
(2)The State Government may thereupon require the society to furnish, within a time specified, such information as it may deem necessary.
(3)[ On receipt of the information and on being satisfied that the society is representative of genuine agricultural producers within the area served by the market and is capable of managing the market in a satisfactory manner, then notwithstanding anything contained in this Act, the State Government may, by order in writing, direct that the management of the market shall vest in the society with effect from the date to be specified in the order (hereinafter referred to as the specified date).
(4)Upon the making of an order under sub-section (3), the following consequences shall ensue namely
(a)
(i)if in respect of such market a market committee constituted under section 4 is in existence such market committee shall cease to exist with effect from the specified date and all properties and rights vested in the market committee shall vest in the society subject to all charges and liabilities affecting them, and the powers conferred on a market committee by or under this Act shall vest in the society and the managing committee or the governing body of the society shall be deemed to be the market committee for such market;
(ii)if on the date immediately preceding the specified date no market committee is in existence for such market, the powers conferred on a market committee by or under this Act shall vest in the society and the managing committee or the governing body of the society shall be deemed to be the market committee for such market;
(b)the provisions of section 4, clauses (i), (ii), (iv) and (v) of subsection (2) of section 5 and clause (vi) of section 10 of this Act shall cease to apply to such market;
(c)all references in this Act to a market committee, chairman and vice-chairman shall be construed as references to the managing committee or governing body of the society and to persons bearing office therein.]