Section 46 in The Gujarat Agricultural Produce Markets Act, 1963
46. 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the State Government shall give a reasonable opportunity to the market committee for showing cause why it should not be superseded and shall consider the explanation and objections, if any, of the market committee.(2)Upon the publication of a notification under sub-section (1) superseding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, namely:-(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 respective offices.(ii)The State Government may at its discretion, either order that a new market committee be constituted under Section 11 or make such arrangements for carrying out the functions of the market committee, as it may think fit; and(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 11 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 State Agricultural Produce Markets Fund constituted under Section 34. The Director shall utilise such assets for such object in the area as he considers to be for the benefit of the agriculturists in that area.
