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 sub-section(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. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act has not been enforced:

Provided further that subject to the preceding proviso anything done or any action taken (including any appointment, or delegation made, notification, notice, order, instruction or direction issued, rules, regulation, bye-laws, form, scheme framed, certificate obtained, permit or license granted, registration affected, fee levied), under the repealed Act shall, in so far as it is in force immediately before the coming into force of this Act and is not inconsistent with the provisions of this Act be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by any thing done or any action taken under this Act.