Special provision where there is delay in reconstitution of new market committee, etc.

(1) Where- (a) the term of office of the members of any market committee has expired and a new market committee cannot be constituted in accordance will the provisions of this Act, the rules and the by-laws, or (b) the new market committee constituted fails to enter, or is prevented from entering upon, office, or (c) the members of the existing market committee have tendered resignation enbloc, or (d) vacancies have arisen for any reason, or one or more members of the market committee have tendered resignation and the number of remaining members cannot from the quorum for the meeting of the market committee, the Government may, on their own motion or on application of any produce of any notified agricultural produce or on application of any producer of any person licensed by the market committee under sub-section (1) of section ; and in the case of new market committee which has failed to enter, or prevented from entering upon, office after giving the members of the said market committee an opportunity of marketing their representations, by order, appoint a Special Officer for a specified period not exceeding one year to manage the affairs of the market committee pending the constitution of a new market committee, or as the case may be, the entering upon office by the new market committee : Provided that the period specified in such order may, for special reasons to be recorded in writing by the Government, be extended from time to time but such order shall not remain in force for more than eight years and six months in the aggregate. (2) A Special Officer may be appointed under sub-section (1) for one or more market committees as the Government may, by order, specify. (3) Upon the issue of an order under sub-section (1) appointing a Special Officer, the following consequences shall ensue :- (a) all the members including the Chairman and the Vice-Chairman of the market committee constituted under this Act shall as from the date of such order be deemed to have vacated their offices ; and (b) all the assets vested in the market committee shall, subject to all liabilities, vest in the Government. (4) The Government may, by order, transfer, to the Special Officer appointed under sub-section (1), the assets and liabilities of the market committee as on the date of such transfer. (5) Where a Special Officer is appointed under sub-section (1), the Government may appoint an advisory board to advise the Special Officer in such matters any be specified by the Government and the advisory board shall consist of the following members, namely:- (a) three persons from among the producers of the notified agricultural produce in the notified area ; (b) three persons licensed under sub-section (1) of section 8 in the notified area ; (c) the Assistant Director of Agriculture in-charge of marketing having jurisdiction over the notified area referred to in section 14 ; (d) two other officers of the Government. (6) The Government may fix the remuneration payable to the Special Officer appointed under sub-section (1) and the amount of remuneration so fixed and such other expenditure incidental to the management of the market committee, during the period of appointment of the Special Officer as may be approved by the Government, shall be payable from the Market Committee Fund. (7) At any time before the expiry of the period referred to in sub-section (1), the Government may- (i) in a case where the Special Officer was appointed on the ground that the new market committee failed to enter, or prevented from entering, upon office if such new market committee has since since become capable of entering upon office, enable such market committee to enter upon office , and (ii) in other cases constitute a new market committee in accordance with section 10, and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer.