The Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983
Chapter VII OFFICERS AND SERVANTS OF A MARKET COMMITTEE
General198376 sections11 chapters
Chapter VII OFFICERS AND SERVANTS OF A MARKET COMMITTEE
48. Appointment of Chief Executive Officer.
Statutory text
- (1) There shall be a Chief Executive Officer for every committee, who shall be appointed by the State Government.
- (2) Every Chief Executive Officer shall be,-
- (i) an officer of the State Government on deputation to service under a committee ;
- (ii) paid such salary and allowances and other perquisites by the committee as the State Government may, from time to time, determine ;
- (iii) subject to such other terms and conditions of service as the State Government may determine ; and
- (iv) liable to be transferred by the State Government.
- (3) On the appointment of an officer of the State Government as the Chief Executive Officer, such contribution to his pension, leave and other allowances, as may be required by the conditions of his service under the Government to be made by him, or on his behalf, shall be paid to the State Government from the Market Fund.
- (4) If at a special meeting of the committee not less than two-thirds of the total number of members (other than the Chief Executive Officer) who are for the time being entitled to sit and vote at any meeting of the committee, vote in favour of a resolution requiring the State Government to withdraw the Chief Executive officer from office ; the State Government shall withdraw such officer from service under the committee.
Chapter VII OFFICERS AND SERVANTS OF A MARKET COMMITTEE
49. Powers and duties of the Chief Executive Officer.
Statutory text
- (1) Subject to the superintendence, direction and control of the committee, all the executive functions of the committee shall be exercised by the Chief Executive Officer.
- (2) Without prejudice to the provisions of sub-section (1), the Chief Executive Officer shall,-
- (i) supervise the financial and executive administration of the committee and exercise such powers and perform such duties and functions as may be conferred or imposed upon him by this Act, or the rules, regulations or by-laws or delegated to him by the committee under this Act ;
- (ii) supervise and control all officers and servants of the committee ;
- (iii) be responsible for collection of all sums due to the committee and payment of all sums payable by the committee ;
- (iv) ensure adequate security of all assets and property of the committee ;
- (v) be responsible for the proper application of the Market Fund and property according to the provisions of this Act and rules, regulations or by-laws made thereunder.
- (3) The Chief Executive Officer may, with the sanction of the committee, delegated any of the powers or duties or functions conferred or imposed upon him by or under this Act, to any officer or servant of the committee.
Chapter VII OFFICERS AND SERVANTS OF A MARKET COMMITTEE
50. Appointment of other officers and servants.
Statutory text
- (1) The committee,-
- (a) may, from time to time, create such other posts of officers and servants subordinate to the Chief Executive Officer, as may be necessary for the purposes of this Act ;
- (b) may, from time to time, appoint officers and servants to hold such posts ; and
- (c) shall pay such officers and servants such pay, allowances and other perquisites as it may, from time to time, determine : Provided that, no post with a pay-scale, the minimum of which exceeds rupees one thousand per mensum, shall be created by the committee without the previous approval of the Metropolitan Commissioner.
- (2) The powers and duties of such officers and servants shall be such as the committee, may, from time to time, by by-laws made for the purpose, determine.
Chapter VII OFFICERS AND SERVANTS OF A MARKET COMMITTEE
51. Conditions of service of officers and servants to be regulated by by-laws.
Statutory text
The Committee may, by by-laws made for the purpose, regulate the recruitment and the conditions of service of its officers and servants and such by-laws may provide for the following matters, namely :-
- (i) regulating the grant of leave and the payment of leave salary and allowances while absent on leave ;
- (ii) authorising the payment of travelling or conveyance allowance ;
- (iii) regulating the period of service ;
- (iv) determining the conditions under which the employees shall receive pension, gratuity or compassionate allowance and under which heirs of surviving relatives of employees shall receive such pension, gratuity or compassionate allowance ;
- (v) authorising payment of contributions out of the Market Fund to any pension or provident fund, which may be established for the benefit of the employees ;
- (vi) determining subsistence allowance in lieu of pay during the period of suspension of any employee pending enquiry;
- (vii) generally prescribing any other conditions of service of the employees.
Chapter VII OFFICERS AND SERVANTS OF A MARKET COMMITTEE
52. Inspection, enquiry, submission of statements, etc.
Statutory text
- (1) The Metropolitan Commissioner, or any officer authorised by him by general or special order in this behalf, may,-
- (a) inspect or cause to be inspected the accounts and the officers of a committee, the market yard and any other establishment controlled by the committee ;
- (b) hold enquiry into the affairs of a committee ;
- (c) call for any return, statement, accounts or report which he may think fit to require such committee to furnish ;
- (d) call for and examine the proceedings of a committee ;
- (e) require a committee to take into consideration-
- (i) any objection which appears to him to exist to the doing of anything which is about to be done or is being done by or on behalf of such committee, and to make a written reply within a specified or reasonable time stating its reasons for doing such things; or
- (ii) any information which he is able to furnish and which appears to him to necessitate the doing of a certain things by such committee, and to make a written reply to him within a specified or reasonable time stating its reasons for not doing such things ; and
- (f) direct that anything which is about to be done or is being done should not be done, pending consideration of the reply and anything which should be done but is not being done should be done, within such time as he may direct.
- (2) If the committee fails to comply with an order made or direction issued under sub-section (1), the Metropolitan Commissioner or the office authorised by him may direct the Chief Executive Officer to comply with such order and the Chief Executive shall immediately comply with such direction.
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