Section 82 in H.P. Agricultural and Horticultural Produce Marketing (Development And Regulation) Act, 2005
82. Abolition of the Market Committees and transfer of their assets and liabilities.
(1)On and with effect from the date of establishment of the Agricultural Produce Market Committees under section 29 of this Act, the Market Committees 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 Market Committees under sub-section (1)-(a)the members including the Chairman of the Market Committees shall cease to hold office;(b)all properties, funds and dues which are vested in or realizable by the Market Committees shall vest in and be realizable by Agricultural Produce Market Committees; and(c)all liabilities which are enforceable against the Market Committees shall be enforceable against the Agricultural Produce Market Committees.(3)All contracts, agreements, and other instruments entered into immediately before the abolition of the Market Committees under subsection( 1) and to which such Market Committees are a party or which are in favour of such Market Committees shall be deemed to have been entered into by, with or for the respective Agricultural Produce Market Committees.(4)All suits, appeals or other legal proceedings instituted or which could have been instituted by or against the Market Committees, immediately before their abolition under sub-section (1), shall be continued or instituted by or against the respective Agricultural Produce Market Committees.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 Market Committees shall, on and from the date of their abolition under sub-section (1), become employee of the Agricultural Produce Market Committees, and shall hold office in such Market Committees 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 Market Committees, 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 Market Committees under sub-section (1), has intimated his intention of not becoming an employee of the Agricultural Produce Market Committees, he shall cease to be an employee of Agricultural Produce Market Committees and shall be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules of the Himachal Pradesh Marketing Board immediately before its abolition.(7)If any dispute or doubt arises as to which of the properties, rights or liabilities of the Market Committees transferred to the Agricultural Produce Market Committees, as to which of the employees serving under the Market Committees are to be treated as employees of the Agricultural Produce Market Committees under this section, such dispute or doubt shall be referred to the State Government whose decision thereon shall be final.
