Supersession of market committee.

§55

Summary

(1) The State Government may, either suo motu or on the recommendation of the Authority, by an order published in the Official Gazette, supersede a committee if in the opinion of the State Government,- (i) it is not competent to perform duties imposed upon it by or under this Act or any other law for the time being in force ; or (ii) it persistently makes default in the performance of such duties, or in complying with the lawful direction (including those) arising out of audit of account of the committee or inspection of the office and work thereof) and orders issued by the State Government, the Authority, the Metropolitan Commissioner or any other officer empowered by the State Government or by the Metropolitan Commissioner to issue such directions or orders to the committee; or (iii) it exceeds or abuses its powers; or (iv) the financial position and credit of the committee is seriously threatened ; or (v) it is necessary or expedient for any other reason which may be considered sufficient by the State Government : Provided that, no such order shall be issued by the State Government without giving the committee an opportunity of rendering an explanation. (2) Upon publication of an order under sub-section (1), the following consequences shall ensue, namely :- (i) all members including the Chairman and the Vice-Chairman shall, from the date specified in the order, be deemed to have vacated their office ; (ii) the Chairman and the Vice-Chairman shall forthwith hand over the charge of their respective office and all papers and property of the committee to the Administrator appointed under section 56 and the provisions of section 25 shall, mutatis mutandis, apply in relation to the handing over of charge of office and papers and property of the committee under this section; (iii) all property vested in the committee shall vest in the State Government.

(1) The State Government may, either suo motu or on the recommendation of the Authority, by an order published in the Official Gazette, supersede a committee if in the opinion of the State Government,- (i) it is not competent to perform duties imposed upon it by or under this Act or any other law for the time being in force ; or (ii) it persistently makes default in the performance of such duties, or in complying with the lawful direction (including those) arising out of audit of account of the committee or inspection of the office and work thereof) and orders issued by the State Government, the Authority, the Metropolitan Commissioner or any other officer empowered by the State Government or by the Metropolitan Commissioner to issue such directions or orders to the committee; or (iii) it exceeds or abuses its powers; or (iv) the financial position and credit of the committee is seriously threatened ; or (v) it is necessary or expedient for any other reason which may be considered sufficient by the State Government : Provided that, no such order shall be issued by the State Government without giving the committee an opportunity of rendering an explanation. (2) Upon publication of an order under sub-section (1), the following consequences shall ensue, namely :- (i) all members including the Chairman and the Vice-Chairman shall, from the date specified in the order, be deemed to have vacated their office ; (ii) the Chairman and the Vice-Chairman shall forthwith hand over the charge of their respective office and all papers and property of the committee to the Administrator appointed under section 56 and the provisions of section 25 shall, mutatis mutandis, apply in relation to the handing over of charge of office and papers and property of the committee under this section; (iii) all property vested in the committee shall vest in the State Government.

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