Section 13 in The Jammu and Kashmir State Agricultural Produce Marketing (Regulation) Act, 1997
13. Appointment of officer in charge of committee incharge pending constitution of first Market Committee.
(1)When a Market Committee is established for the first time under this Act, the Government or the Director shall by an order appoint :-(a)A person to be the Chief Executive for a period not exceeding two years in the first instance;(b)a committee consisting of not less than eleven members and not more than fifteen members to be the committee-incharge. The members of the market committee may be appointed from among the persons representing the same interest and in the same proportion as specified in section 14 of this Act for a period not exceeding two years. The Chief Executive of the committee incharge shall subject to the control of the Director, exercise all the powers and perform all the duties of the market committee under this Act :Provided that the Government or the director may at any time during the period aforesaid appoint committee-incharge in place of Chief Executive and Chief Executive in place of Committee in charge as the case may be the Committee incharge or the Chief Executive so appointed shall hold office or shall function for the remainder of the period available to its predecessor :Provided further that in the event of death, resignation, leave or suspension of the Chief Executive, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled, as soon as may be, by appointment of a person there to by the Government.Provided further that if the market committee is constituted before the expiry of the period aforesaid, the Chief Executive shall cease to hold office or the committee-incharge shall cease to function on the date appointed for the first general meeting of the newly constituted market committee.(2)In the event of vacancy occurring on account of death, resignation or otherwise of the members of the market committee-incharge, the vacancy shall be filled in by fresh appointment by the Government or the Director.(3)Any Chief Executive or any or all persons appointed by the Committee-incharge under clause (b) of sub-section (1) may at any time be removed by the Director who shall have power to appoint another person or persons as the case may be, in his or their place or places.(4)Every person appointed as Chief Executive under sub-section (1) shall receive from the market committee fund for his services, such pay and allowance, as may be fixed by the Director and every member of the committee-incharge shall be entitled to receive from the market committee fund allowance at such rates at which allowances are payable to members of the market committee.
