(1) For every delineated market area, there shall be a Market Committee Establishment consisting of a Chairperson, a Vice-Chairperson and other Members. of Maket
(2) Every Market Committee established under this Act shall be a body corporate its by such name as the State Government may, by notification, specify. It shall incorporation.
have perpetual succession and a common seal and may sue and be sued in its corporate name and shall, subject to such restrictions as are imposed by or under this Act, be competent to contract, acquire, hold, lease, sell or otherwise transfer any property, both immovable and movable and to do all other things necessary for the purpose for which it is established: · ·
Provided that no immovable or moveable property the value of which exceeds the prescribed limits shall be acquired or disposed of by the Market Committee without the prior permission of the State Government.
Provided further that the State Government. may, for the reason to be recorded in writing, revoke such permission before the completion of the acquisition or execution of the deed, as the case may be ..
Provided also that Market Committee may, with the prior approval of the State Government. and after obtaining .valuation certificate from the prescribed officer, enter into agreement with the owner of any land or building and purchase such land or building. ·
(3) Notwithstanding anything contained in any enactment for the time being in force, every Market Committee shall for all purposes, be deemed to be a local authority.
( 4) The Market Committee shall be classified by the Director, subject to the prescribed guidelines, considering throughput and other consideration as Director deems fit, .: for the purpose of laying down the norms for staff, establishment expenditure and other expenses and allowances required therefor.
(1) The Market Committee may require a local Authority to transfer to it any land or building beionging to the local Authority which is situated within the delineated market area and which, immediately before the establishment of the market yard was being used by the local Authority for the purposes of the market and the local Authority shall within one month of the receipt of the requisition, transfer the land and or building, as the case may be, to the Market Committee on such terms as may be agreed between them.
(2) Where within a period of thirty days from the date of receipt of requisition by the local Authority under sub-section ( 1) no agreement is reached between the local Authority and the Market Committee under the said sub-section, the land or building required by the Market Committee shall vest in the Market Committee for the purposes of this Act and the Local authority shall be paid such compensation as may be determined by the Collector under sub-section (5):
. 15.
Provided that no compensation shall be payable to a local Authority in respect of any land or building which had been vested in it by virtue of the provision contained in the enactment relating to the Constitution of such local Authority without payment of any amount whatsoever may be, for such vesting.
Provided further that any party aggrieved by the order of the Collector may within thirty days from the date of such order, appeal to the State Government.
(3) The local Authority shall deliver-possession of the land or building vesting in the Market Committee under sub- section (2) within a period of seven days from such vesting and on failure of the local Authority to do so, within the period aforesaid, the Collector shall take possession of the land or building and cause it to be delivered to the Market Committee.
(4) The Collector shall fix the amount of compensation for the land or building having regard to -
(i) the. annual rent for which the building might reasonably be expected to be let from year to year;
Committee and Vesting of property of Local Authority in Market Committee.
8 The Arunachal Pradesh Extraordinary Gazette, May 5, 2018 Acquistion of 16.
land for Market Committee and/ or Board.
Consitution of the first Market Committee.
(ii) the condition of the building;
(iii) the amount of compensation paid by the Local Authority for the acquisition ofsuchland;and
(iv) the cost of the present value of any building erected or other work executed on the land by the Local Authority.
(5) The compensation fixed under sub-section (4) may, at the option of the Market Committee, be paid in lump sum or in reasonable number of equal instalments with interest thereon as the Collector may fix.
(1) When any land within the delineated market area is required for the purposes of this Act, and the Board or the Market Committee is unable to acquire it by agreement, the State Government may, at the request of the Board or the Market Committee, as the case may be, proceed to acquire such land under the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and/or any other relevant Law of State of Arunachal Pradesh, as amended upto date and on the payment of the applicable compensation awarded under that Act by the Board or Market Committee and of any other charges incurred by the Government in connection with the acquisition, the land shall vest in the Board or the Market Committee, as the case may be: ·
Provided that once a proposal is made by the Market Committee, it shall not be withdrawn by it except for such reasons as may be approved by the State Government.
(2) The Board or the Market Committee shall not, without the previous sanction of the State Government, transfer any land which has been acquired for this purpose by the Board or the Market Committee under sub-section (1) or divert such land to a purpose other than the purpose for which it has been acquired :
Provided that the premises used for principal market yard, sub- market yard or for the purpose of the Board shall be deemed to be included in the limits of the Municipal Council, Notified Area, Gram Panchayat or a Special Area Development Authority, as the case may be, if such market yard is situated in such area.