Section 56 in The M.P. Krishi Upaj Mandi Adhiniyam, 1972
56. Supersession of Market Committee.
- [(1)] [Substituted by M.P. Act No. 11 of 1985 (w.e.f. 12-6-1985).] If in the opinion of the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).], 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 power the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] may, by an order in writing supersede such Committee for a period not exceeding one year and on expiry of first six months of the period of supersession, action to hold the elections for the constitution of Market Committee shall be started and the period of supersession shall be deemed to expire on the date of first general meeting of the Market Committee so constituted :Provided that before passing an order of supersession under this subsection the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] shall give a reasonable opportunity to the Market Committee for showing cause against the proposal and shall consider the explanations and objections, if any, of the Market Committee :Provided further that where the new Market Committee could not be constituted within one year of its supersession, the State Government may, in special circumstances, extend the period of supersession which shall not, in any case, exceed beyond the term of the Market Committee specified in [sub-section (2) of Section 13.] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).](2)[ Upon the passing of an order under sub-section (1) superseding a Market Committee, the following consequences shall ensue, namely,-(a)All the members as well as the Chairman and Vice-Chairman of the Market Committee shall, as from the date of such order, be deemed to have vacated their offices;(b)All the assets vested in the Market Committee shall, subject to all the liabilities, vest in the State Government.](3)[ When a Market Committee has been superseded the [Managing Director] [Substituted by M.P. Act No. 8 of 1994 (w.e.f. 16-1-1994).] may, by an order, appoint a person to be called the Officer-in-Charge, to carry out the functions and exercise the powers of the Market Committee and transfer to such Officer-in-Charge the assets and liabilities of the superseded Market Committee as on the date of such transfer :] [Substituted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).]Provided that in the event of death or resignation or leave or suspension of the Officer-in-Charge, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled in, as soon as may be, by appointment of a person thereto by the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] and until such appointment is made a person nominated by the Collector shall act as Officer-in-Charge.(4)Any Officer-in-Charge appointed under sub-section (3) may at any time be removed by the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).], who shall have power to appoint another person in his place.(5)Any person appointed Officer-in-Charge under sub-section (3) shall receive from the Market Committee Fund for his services such pay and allowances as may be fixed by the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).].(6)At any time before the expiry of the period of supersession, the State Government may constitute a new committee under Section 11 and transfer thereto the assets and liabilities of the superseded committee as on the date of such transfer.(7)[ The Officer-in-Charge shall cease to hold office on the date appointed for the first meeting of the Market Committee as reconstituted.] [Substituted by M.P. Act No. 8 of 1994 (w.e.f. 16-1-1994).]
