Section 27 in The Rajasthan Agricultural Produce Markets Act, 1961
27. 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the State Government shall give a reasonable opportunity to the market committee for showing cause why it should not be superseded and shall consider the explanations and objections, if any, of the market committee.(2)Upon the publication of a notification under sub-section (1) superseding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 -(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 offices;(ii)[ the State Government may, in its discretion, by order either constitute a new market committee under section 7 or make such arrangements for carrying out of the functions of the market committee as it thinks fit for a period of six months in a time but not exceeding eighteen months in aggregate and before the expiry of the said period of eighteen months a new market committee shall be constituted under section 7.] [Substituted by Rajasthan Act No. 8 of 2005; enforced w.e.f. 7.5.2005 - Notification No. F. 2(13) Vidhi-2/2005, dated 11.5.2005 - Rajasthan Gazette, Extraordinary, Part IV-A, dated 11.5.2005, p. 25(1) = 2005 RSCS/Part II/P. 251/H. 181.](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 7 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 local authority within whose jurisdiction the market area for which the market committee was constituted, is situated or, if there are more than one such authority to each of such authorities such portion of the assets as the State Government may determine.(5)A local authority to which the assets of a market committee have been transferred under sub-section (4) shall utilise such assets for such object in the area within its jurisdiction as the State Government considers to be for the benefit of the agriculturists in that area.[27A. Appointment of an Administrator. - (1) Notwithstanding anything contained in this Act or the rules, if at any time it appears to the Government that on account of a decision or order of a competent court, a market committee has not been validly constituted under this Act or that it is disabled from functioning or the term of the market committee has expired or if the total number of vacancies exceeds one-third of the total number of members of the elected market committee or the market committee is otherwise not competent to function, the Government may, by notification, cause all or any powers and duties of the market committee to be exercised and performed by such officer, in such manner and for such period and subject to such conditions as it may, by notification, direct.(2)If a market committee is unable to function on account of any of the reasons specified in sub-section (1), it shall be the duty of the Secretary and the Director to bring the matter to the notice of the Government as early as possible and to take effective measures to hold all the properties of the market committee in trust till action under sub-section (1) is taken by the Government.(3)All the powers and duties of the market committee exercised and performed bona fide till the date of the notification referred to in sub-section (1), by the persons who constituted such market committee, shall be deemed to have been validly exercised and performed by the said persons; and shall not be deemed to be invalid or called in question on the ground merely that they were not members of a validly constituted market committee.
