Section 81 in H.P. Agricultural and Horticultural Produce Marketing (Development And Regulation) Act, 2005
81. Abolition of the Himachal Pradesh Marketing Board and transfer of its assets and liabilities.
(1)On and with effect from the date of establishment of the Himachal Pradesh State Agricultural Marketing Board under section 3 of this Act, the Himachal Pradesh Marketing Board established under the Himachal Pradesh Agricultural Produce Markets Act, 1969, shall stand abolished.(2)On and with effect from the date of abolition of the Himachal Pradesh Marketing Board under sub-section (1)--(a)the members including the Chairman of the Himachal Pradesh Marketing Board shall cease to hold office;(b)all properties, funds and dues which are vested in or realisable by the Himachal Pradesh Marketing Board shall vest in and be realizable by the Board; and(c)all the liabilities which are enforceable against the Himachal Pradesh Marketing Board shall be enforceable against the Board.(3)All contracts, agreements, and other instruments entered into immediately before the abolition of the Himachal Pradesh Marketing Board under sub-section(1) and to which the Himachal Pradesh Marketing Board is a party or which are in favour of the Himachal Pradesh Marketing Board shall be deemed to have been entered into by, with or for the Himachal Pradesh State Agricultural Marketing Board.(4)All suits, appeals or other legal proceedings instituted or which could have been instituted by or against the Himachal Pradesh Marketing Board, immediately before its abolition under sub-section (1), shall be continued or instituted by or against the Board. Explanation- For the purpose of this sub-section, legal proceedings includes any proceedings under the Land Acquisition Act, 1894 (Central Act 1 of 1894).(5)All employees of the Himachal Pradesh Marketing Board shall, on and from the date of its abolition under sub-section (1), become employee of the Board, and shall hold office in the Board on the same terms and conditions of service and shall continue as such unless and until their terms and conditions of service are altered by the Board with the previous approval of the State Government.(6)Notwithstanding anything contained in sub-section (5), where any employee of the Himachal Pradesh Marketing Board, by notice in writing given to the Board at any time before the expiry of three months next following the date of abolition of the Himachal Pradesh Marketing Board under sub-section (1), has intimated his intention of not becoming an employee of the Board, he shall cease to be an employee of the Board and shall be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorization of the Himachal Pradesh Marketing Board immediately before its abolition.(2)If any dispute or doubt arises as to which of the properties, rights or liabilities of the Himachal Pradesh Marketing Board transferred to the Board or as to which of the employees serving under the Himachal Pradesh Marketing Board are to be treated as employees of the Board under this section, such dispute or doubt shall be referred to the State Government whose decision thereon shall be final.
