(1) If, in the opinion of the government a Marketing Committee is not competent to perform, or persistently makes default in performing the duties imposed on it by or under this Act, or exceeds or abuses its power or willfully disregards any instructions issued by the Government or any officer duly authorised by it in this behalf, the Government may, for reasons to be recorded by it in writing, and after giving the committee an opportunity of tendering an explanation, by notification, supersede, such Marketing Committee.
(2) Upon publication of a notification under sub-section (1) superseding a Marketing Committee, the following consequence shall ensue –
(a) all members of Marketing Committee including its Chairman and Vice-Chairman shall, from the date of publication of the notification, be deemed to have vacated their respective offices;
(b) the Government shall direct that steps to be taken for constitution of a new Marketing Committee under section 36, before the expiration of six month from the date of its supersession;
(c) the Government may direct that all the function, powers and duties of the committee and its Chairman under this Act, shall be performed, exercised an discharged by such person or authority as the Government may appoint in this behalf and such person or authority shall be deemed to be committee or Chairman, as the case may be. In case of markets of national importance such person / authority so appointed by the Government shall be an officer from the Indian Administrative Service with ten years of service, or an officer from the Union Territory Civil Service with fifteen years of service;
(d) all the assets of the committee shall vest in the Government and the government shall be liable for all legally enforceable liabilities of the committee, subsisting on the date of supersession, to the extent of the said assets.
CHAPTER XIV PENALTIES