28
Supersession of market committee
Act: Balochistan Agricultural Produce Markets Act 1991
Section Provisions
ACT I OF 1991 ACT I OF 1991 BALOCHISTAN AGRICULTURAL PRODUCE MARKETS ACT, 1991 An Act to provide for the better regulation of purchase and sale of agricultural produce and the establishment of markets for agricultural produce in the Balochistan Province [Gazette of Balochistan, Extraordinary, 25th November, 1991] No. PAB/Legis.III(3)/91, dated 25-11-1991.--The Balochistan Agricultural Produce Markets Bill, 1991 having been passed by the Province Assembly of Balochistan on 9th October, 1991 and assented to by the Governor of Balochistan, is hereby published as an Act of the Provincial Assembly. 28. Supersession of market committee.--(1) If, in the opinion of the Government a market committee is incompetent to perform or persistently makes default in performing the duties imposed on it by or under this Act is in excess of the powers, the Government may, by notification supersede such committee: Provided that before issuing a notification under this subsection the Government shall give a reasonable opportunity to the market committee for showing cause against the proposed supersession and shall consider the explanations and objections, if any, of the market committee. (2) Upon the publication of a notification under subsection (1) the following consequences shall ensure:-- (a) All the members including Chairman and Vice-Chairman of the market committee shall, as from the date of such publication, be deemed to have ceased to be members of the market committee; (b) All assets of the market committee shall vest in Government and the Government shall be liable for all the legal liabilities of the market committee subsisting at the date of its supersession up to the limit of the said assets. (3) The Government may at its discretion, by order, constitute either a new market committee as provided under section 7 or such other authority for carrying out the functions of the market committee as the Government may deem fit. (4) (a) When the Government have made an order under subsection (3) the assets and liabilities defined in subsection (2)(b) vesting in the Government at the date of such order shall be deemed to have been transferred on the date of such order to the new market committee or authority constituted as aforesaid. (b) (i) Where the Government by order under subsection (3) have appointed an authority other than a new market committee for the carrying out of the functions of the superseded market committee, the Government may by notification determine the period not exceeding 90 days for which such authority shall act: Provided that the term of office of such authority may be terminated earlier if the Government for any reason considers it necessary. (ii) At the expiry of the term of office of such authority, a new market committee shall be constituted. (iii) Upon such an order being made the assets and liabilities vesting in the authority thereby superseded, shall be deemed to have been transferred by such order to the new market committee. (5) Whenever the assets of a market committee vest in the Government and no new market committee or authority is appointed in its place, the Government shall employ the balance of the assets remaining after the discharge of the subsisting legal liabilities of the said market committee for any object of public utility in the area specified in the notification issued under subsection (1) of section 4.