Chapter V MARKET COMMITTEE FUND AND FINANCE

Where the local authority or any officer authorised by it has reason to believe that the books and records of the market committee are likely to be tampered with, or destroyed or the funds or property of the market committee are likely to be misappropriated, the local authority or an officer authorised by it may seize and take possession of such books and records, funds and property of the market committee, and the officers, servants or members (including the Chairman and Vice-Chairman) of the market committee responsible for the custody of such books, records, funds and property shall give delivery thereof to the local authority or the officer so authorised.

The Government may, either on their own motion or on the recommendation of the local authority, by order, supersede the market committee, if in the opinion of the Government, it is not competent to perform or persistently makes default in performing the duties imposed on it by law or exceeds or abuses its powers or if in their opinion the financial stability of the market committee is threatened: Provided that no such order shall be made by the Government without giving the market committee an opportunity of being heard.

(1) When a market committee is superseded under section 41, the Government shall, by order, appoint a Special Officer for a period not exceeding one year to manage the affairs of the market committee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 a 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 three years 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) On the issue of an order under sub-section (1) appointing a Special Officer, all the members of the market committee shall vacate their offices. (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 as may be specified by the Government and the advisory board shall consist of the following members, namely:- (a) three persons licensed under sub-section (1) of section 21 in the market area; (b) the Deputy Director of Agricultural Marketing having jurisdiction over the market area; (c) 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 constitute a new market committee in accordance with section 6 and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer. (3) (h) 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 officer appointed under sub-section (1), the assets and liabilities of the market committee on the date of such transfer. (5) Where a Special Officer is appointed under sub-section (1), the Government may, if they think fit, appoint an advisory board to advise the Special Officer on such matters as may be specified by the Government and the advisory board shall consist of the following members, namely:— (a) three persons licensed under sub-section (1) of section 21 in the market area; (b) the Deputy Director of Agricultural Marketing having jurisdiction over the market area; (c) 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 constitute a new market committee in accordance with section 6 and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer.

(1) Where a Special Officer is appointed under section 42 and such Special Officer is resisted in, or prevented from, obtaining possession of the books, accounts, records, documents, securities, cash and other properties, whether movable or immovable of the market committee (hereafter in this section referred to as the records and properties of the market committee), by any person who is not entitled to be in possession of the records and properties of the market committee, any Metropolitan Magistrate or any Judicial Magistrate of the first class in whose jurisdiction the office of the market committee or the records and properties of that market committee is situate or are kept shall, on application by the Special Officer and on the production of the order of appointment, and of a certificate by the local authority, in the prescribed form setting forth that the records and properties mentioned therein belong to the market committee, direct delivery to the Special Officer of the possession of the records and properties of the market committee. (2) Every application under subsection (1) shall be accompanied by copies of the orders made under sub-sections (1) and (4) of section 42. (3) On receipt of an application under sub-section (1), the Metropolitan Magistrate or the Judicial Magistrate of the first class, as the case may be, shall by a warrant authorise any police officer not below the rank of a Sub-Inspector of Police to enter and search any place where the records and properties of the market committee are kept or believed to be kept and to seize such records and properties. The records and properties so seized shall be handed over to the Special Officer. (4) All searches and seizures made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 relating to search or seizure made under the authority of a warrant issued by a Magistrate.