Gujarat act 010 of 1990 : Gujarat Agricultural Produce Markets (Amendment) Act, 1990

Section 1. Short title

1. Short title.- This Act may be called the Gujarat Agricultural Produce Markets (Amendment) Act, 1990.

Section 2. Amendment of section 11 of Guj. XX of 1964

2. Amendment of section 11 of Guj. XX of 1964.- In the Gujarat Agricultural Produce Markets Act, 1963 (Guj. LXX of 1964) (hereinafter referred to as "the principal Act"), in section 11,-

(1) in sub-section (4)-

(a) after clause (a), the following clause shall be inserted, namely:-

"(aa) The State Government may, by order published in, the Official Gazette and for reasons to be recorded therein, extend the said term for a period not exceeding one year in the aggregate.";

(b) clause (b); for the words "date of the first general meeting of the market committee as reconstituted on the expiry of its term", the words, braokets, letter and figure "date of the appointment of an Administrator under clause (a) of sub-section (5)" shall be substituted;

(2) after sub-section (4), the following sub-section shall be added, namely:-

"(5)(a) Where the term of office of a market committee has expired, the State Government shall, by order published in the Official Gazette, direct that-

(i) such person as may be appointed by the State Government from time to time shall be the Administrator to manage the affairs of the market committee, during the period beginning with the date specified in the order and ending on the day immediately preceding the date of the first general meeting of the market committee as reconstituted on the expiry of the term of the market committee (hereinafter in this sub-section referred to as "the said period");

(ii) the market committee shall be reconstituted within such period not exceeding one year in the aggregate as may be specified in the order.

(b) Daring, the said period, all powers, functions and duties of the market committee under this Act shall be exercised, and performed by the Administrator.

(c) The Administrator may by an order in writing delegate any of the powers, functions and duties to be exercised or performed by him under clause (b) to any officer for the time being employed by the market committee.

(d) The Administrator shall receive such remuneration from the Market Committee Fund as the State Government may from time to time by general or special order determine."

Section 3. ??? of now section 46A in Guj. XX of 1964

3. ??? of now section 46A in Guj. XX of 1964.- In the principal Act, after section 46, the following flection shall be inserted, namely;-

"46A. Powers and duties of market committee not validty constituted to be performed by Administrator appointed by Government.- (1) Notwithstanding anything contained in this Act or rules or by-laws made thereunder, if at any time it appears to the State Government that a market committee has not been validly constituted under this Act, the State Government may, by notification in the Official Gazette, make a declaration to that effect and thereupon exercise the powers conferred on it under sub-section (5) of section 11 as if the term of the market committee had expired on the date of such declaration.

(2) On the issue of such notification, all the members as well as the Chairman and Vice-Chairman of the market committee shall be deemed to here vaulted their respective offices and the market committee shall be reconstituted before the expiry of period specified in the order under abase (a) of sub-section (5) of section 11.

(3) Where a market committee, after its being liable to be reconstituted by reason of the expiry of its terra or otherwise under the provisions of this Act continues to function as before and the members as well as the Chairman and Vice-Chairman of the market committee continue to hold their office, it shall be lawful foe the State Government to take action under sub-section (1) in respect of such market committee as if it were the market committee not validly constituted under this Act."