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State of Madhya Pradesh - Section

Section 5 in The M.P. Sugarcane (Regulation of Supply and Purchase) Act, 1958

5. The Cane Development Council.

(1)There shall be established, by notification for the reserved area of a factory a Cane Development Council which shall be a body corporate by the name of such area or such other name as the State Government may notify in this behalf having perpetual succession, and subject to such restrictions or qualifications as may be imposed under this Act or any other enactment, vested with the capacity of suing and being sued in its corporate name, of acquiring, holding, administering and transferring property both movable and immovable, and of entering into contracts :Provided that where the Cane Commissioner so directs, the Council may be established for a larger or smaller area than the reserved area of a factory.
(2)The area for which a Council is established shall be called a zone.
(3)The Council shall consist of-
(a)the Chairman to be nominated by the Cane Commissioner with the approval of the State Government;
(b)two members representing sugar factories to be nominated by the Cane Commissioner;
(c)two members representing the Cane-growers and the Cane-growersÂ’ Co-operative Societies of the zone to be nominated by the Cane Commissioner;
(d)a member of the Legislative Assembly residing in or representing any area comprised in the zone to be nominated by the State Government; and
(e)the District Agriculture Officer or an officer nominated by the Cane Commissioner who shall be Member-cum-Secretary.
(4)Every person nominated under sub-section (3) shall enter upon his office on the date on which the notification nominating him is published in the Gazette and the term of office of such person shall be three years from the date of such notification.
(5)The Cane Commissioner, if he is satisfied that it is necessary so to do, may with the approval of the State Government, dissolve the Council before the expiry of its term, or remove any member thereof for reasons to be recorded :Provided that no action under this sub-section shall be taken unless the Council or the member, as the case may be, has been given a reasonable opportunity of being heard in the matter.
(6)Where a Council is dissolved, the following consequences shall follow :-
(a)all members including the Chairman shall on a date to be specified in the order vacate their offices but without prejudice to their eligibility for renomination;
(b)the Council shall be reconstituted by the Cane Commissioner in accordance with the provisions of sub-section (3); and
(c)the duties, powers and functions of the Council shall, pending its reconstitution, be discharged, exercised and performed by the Cane Commissioner or such other officer as he may direct.