Section 15 in The Jammu and Kashmir State Agricultural Produce Marketing (Regulation) Act, 1997
15. Chairman of market committee.
(1)Every market committee shall have a Chairman. The Chairman shall be elected amongst members of the market committee other than the official members.(2)After every election, the Market Committee shall elect the Chairman at its first general meeting which shall be concerned by the Director within one month of the General election. The chairman so elected shall hold office for the full term from the date on which they enter upon their respective offices.(3)The Chairman shall, notwithstanding, the expiry of the term of office, continue to hold office until his successor enters upon his office.(4)The meeting convened for selection of the Chairman shall be presided over by the Director or any officer authorised by him in this behalf. The Director or such officer, when presiding over the meeting, shall have the same powers as the Chairman when presiding over a meeting of the market committee, but shall not have the right to vote.(5)If in the election of a Chairman there is an quality of votes, the result of the election shall be decided by lots to be drawn in the presence of the officer presiding in such manner as he may determine.(6)In the event of dispute, arising as to the validity of the election of a Chairman the Director if he is the Presiding Officer, shall decide the dispute himself and in any other case officer presiding shall under the dispute to the Director for decision. The decision of the Director shall subject to an appeal to the Agricultural Production Commissioner be final and to suit or other proceedings shall lie in any court of law in respect of such decision.(7)(i)Where the Director/Board is satisfied that the books and records of a market committee are likely to be suppressed, tampered with or destroyed, are the funds and property of a market committee are likely to be misappropriated or misapplied, the Collector or the person authorised by him in this behalf any apply to the Executive Magistrate within whose Jurisdiction the market committee is functioning for seizing and taking possession of the record and property of the market committee(ii)On receipt of the application under sub-clause (i) the magistrate may authorise any Police Officer not below the rank of Sub-Inspector to enter and search any place where the records and property are kept or likely to be kept and to seize them and handover possession thereof to the Collector or the person authorised by him as the case may be.
