Section 45 in The Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963
45. Supersession of Market Committee, etc.
(1)If, in the opinion of the State Government, a Market Committee or any member hereof, is not competent to perform or persistently makes default in performing the duties imposed on it or him by or under this Act, or abuses its or his powers or wilfully disregards any instructions issued by the State Government or any officer duly authorised by it in this behalf arising out of audit of accounts of the Market Committee or inspection of the office and work thereof, the State Government may, after giving the Committee or member, as the case may be, an opportunity of rendering an explanation, by an order in writing, with reasons therefore, supersede such Market Committee, or remove the member, as the case may be; and where a member is removed, the State Government shall appoint any person as a member of such Committee in his place for the remainder of his term of office; Provided that, no Market Committee shall be superseded without the State Marketing Board referred to in section 44 being previously consulted.(2)On issuing of an order under sub-section (1), superseding a Market Committee, the following consequences shall ensue, that is to say-(a)all members of the Market Committee shall as from the date of such order be deemed to have vacated their office;(b)all the property vesting in the Market Committee shall, subject to all its liabilities, vest in the State Government;(c)the State Government may, by order, either constitute a new Market Committee in accordance with the provisions of Chapter III or appoint an Administrator or the Board of Administrators to carry out the functions of the Market Committee as it thinks fit;Provided that, the Administrator or the Board of Administrators appointed under clause (c) for carrying out of the functions of the market Committee shall, within the period of six months assuming the charge ensure that the elections to the Market Committee are held within that period. If the Administrator or the Board of Administrators fails to hold the elections within the said period, the Director may, after satisfying himself about proper justification for not holding elections, grant extension of not more than six months, for enabling the Administrator or the Board of Administrators to hold such election.(2A)The member of the Committee, who has been removed under sub-section (l) shall not be eligible for being re-elected, re-appointed, re-nominated, co-opted or re-co-opted as a member of the Committee, till the expiry of a period of six years from the date of the order by which he has been so removed.(3)If the State Government makes an order under clause ( c) 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 as aforesaid or to the person or persons, if any, appointed for the carrying out of 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 a local authority within whose jurisdiction the Market Committee is situated and if there are more than one such local authorities, to each of such local authorities, such portion of the property as the State Government may decide.(5)The local authority to which the assets of a Market Committee are transferred under subsection (4) shall utilise such assets for such objects in the area within its jurisdiction as the State Government considers being for the benefit of the agriculturists in that area.
