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State of Telangana - Section

Section 5 in Telangana Sugarcane (Regulation of Supply and Purchase) Act, 1961

5. Constitution of Council.

(1)For each factory zone, the Cane Commissioner shall, by notification, constitute a Cane Development Council which shall be a body corporate by the name of the factory zone for which it is constituted, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts, and may by its corporate name sue and be sued:Provided that the Cane Commissioner may with the approval of the Government constitute a council for an area which is larger or smaller than a particular factory zone.
(2)The council shall consist of the following members, namely:-
(a)a Chairman nominated by the Cane Commissioner with the approval of the Government from among persons residing in the factory zone.
(b)four persons nominated by the Cane Commissioner of whom two shall be from among the persons managing the affairs of the factory and two shall be from among the cane growers who supply cane to the factory.
(3)The Secretary to the Zilla Parishad, the District Agricultural Officer, the Superintendent of the Local Sugarcane Farm, the Sugarcane Specialist, the Sugarcane Inspector of the factory, the Deputy Registrar of Co-operative Societies, [the Executive Engineer, Panchayati Raj, the Executive Engineer, Roads and Buildings and the Executive Engineer, Public Health] [Substituted by Act No.25 of 1976.] shall have the right to speak in and otherwise to take part in the proceedings of any meeting of the council, but shall not by virtue of this sub-section be entitled to vote at any such meeting.
(4)The Sugarcane Inspector of the factory shall be ex-officio secretary of the council.
(5)The term of the council shall be three years and upon its expiry, the council shall be reconstituted in accordance with the provisions of sub-section (2):Provided that if the Cane Commissioner is satisfied that it is necessary so to do, he may, with the approval of the Government, by order dissolve the council before the expiry of its term:Provided further that the Cane Commissioner shall not pass any such order unless the council has had an opportunity of making its representations.
(6)When a council is dissolved, the following consequences shall follow :-
(a)all the members shall vacate their offices on the date specified in the order but without prejudice to their eligibility for renomination as members;
(b)the council shall be reconstituted within three months of its dissolution by the Cane Commissioner in accordance with the provisions of sub-section (2);
(c)the powers and functions of the council shall, pending its reconstitution, be exercised and performed by the secretary subject, to such restrictions as may be specified in the order.
(7)The Cane Commissioner may, with the approval of the Government remove any member of the council, including the Chairman from his office after recording the reasons in writing for such removal:Provided that the order removing a member shall not be passed by the Cane Commissioner unless such member has had an opportunity of making his representations.