(1) Whenever any member dies, resigns, ceases to reside permanently in the notified market area or becomes incapable of acting as a member of Committee or any vacancy occurs through transfer 1[ * * * * *] or otherwise, the State Government may appoint a member to fill in such vacancy in accordance with the provisions of section 12 :
Provided that the term of office of the member so appointed shall expire on the same date as the term of office of the vacating member would have expired had the latter held office for the full period allowed under section
14. 8[* * * * * * * * * *].
(2) Should the State Government decide to raise the number of members of an existing Committee 9[from eleven to nineteen] the additional vacancies shall be filled in accordance with the provisions of sub-section (1) and the term of office of the additional members appointed shall be the unexpired portion of the term of the existing members of the Committee.
10[(3) If any vacancy occurs in the office of the Chairman or Vice-Chairman of the Committee as a result of death, resignation 11[ ] or otherwise, the vacancy shall be filled in the manner provided in sub-section (1) of section
16.
3[2Nomination of Chairman and vice- Chairman.
Filling of vacancies.
1. Section 14 substituted by Haryana Act 25 of 1970 and further substituted by Haryana Act 13 of 1978 and further substituted by Haryana Act 19 of 1980.
2. Substituted by Act 24 of 1988 dated 6-9-88.
3. Substituted 15 ommitted by Haryana Act 2 of 1989 dated 17-3-89.
4. Renumbered by Haryana Act 23 of 1972.
5. Inserted by Haryana Act 13 of 1978.
6. Substituted by the Haryana Act 13 of 1978 and further substituted by Haryana Act 19 of
1950.
7. Substituted by Haryana Act 24 of 1988 dated 6-9-88.
8. Subsituted by Haryana Act 10 of 1979.
9. Subsituted by Haryana Act 24 of 1988.
*10. Proviso to sub-section (1) omitted by Haryana Act 24 of 1988.
11. Proviso to sub-section (1) of section 16 added by Punjab Act 2 of 1966 and subsituted by Haryana Act 13 of 1978.
12. Substituted by Haryana Act 23 of 1972.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 Incorporation of Committees Appointment of sub-committees and joint committee and delegation of powers.
Constitution of Marketing Service.
(4) the Chairman or Vice Chairman so 1[nominated by the State Government] shall hold office only so long as the person in whose place he is 1[nominated by the State Government] would have held office if the vacancy had not occurred.]
(18) Every Committee shall be a body corporate as well as a local authority by such name as the State Government may specify in the notification establishing it, shall have perpetual succession and a common seal may sue and be sued in its corporate name, and shall subject to the provisions of section 32 be competent to sell or otherwise transfer any movable or immovable property which may have become vested in or been acquired by it, and to contract and to do all other things necessary for the purposes for which it is established :
Provided that no Committee shall permanently transfer any immovable property except in pursuance of a resolution passed at a meeting specially convened for the purpose by a majority of not less than three fourth of the members of the Committee and prior approval of 2[the Chief Administrator].
(19) A Committee may appoint, one or more of its members or other to be a subcommittee or to be a joint committee or to be an ad-hoc committee for the administration of the sub-market yard, for the conduct of any work or for reporting on any matter and may delegate to such committee or any one or more of its members such of its powers or duties as it thinks fit :
Provided that when any such committee is to consist of, or the powers of the Committee are delegated to one member the resolution shall operate only after it is duly approved by the 3[* * * * ] Board.
4[20 (1) There shall be a Marketing Service (hereinafter referred to as the service) It shall consist of the existing officials of the Board and the Committees and such other officials as may here after be appointed by the Board on such terms and conditions as it may deem fit, except class IV employees of the Committees. The members of the Service shall be deemed to have been appointed by the Board :
Provided that the officials of the Committees employed after the 31st day of March, 1973 shall not be the members of the Service.
1. Sub. by H.A. 24 of 1988.
2. Sub. H.A. 38 of 1980.
3. The words “Chairman of the” omitted by Punjab Act of 1963.
4. Substituted by Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets Act, 1961
(2) The members of the Service shall be governed by the same terms and conditions on which they are serving under the Board or the Committees till their terms and conditions are prescribed.
(3) The integration of the officials in the Service shall be made in the manner prescribed.
(4) The Board shall have the power,-
(a) to determine the strength of the Service and cadres thereof;
(b) to determine the strength of the categories of the officials required by each Committee.
(5) the Board shall have the power to suspend, remove, dismiss or otherwise punish the officials in the Service :
Provided that the Committee shall have the power regarding the members of the Service engaged in managing affairs of the Committee to impose minor punishment like censure and stoppage of increment.
(6) The Board shall have the power to transfer any member of the Service anywhere within the State of Haryana.
(7) The powers conferred under this section on the Board and the Committees shall be exercised subject to such rules as may be made in this behalf by the State government.
20A. Subject to the rules made under this Act, every Committee shall appoint such class IV employees as may be necessary for the management of the market and pay them such salary and allowances as may be fixed by the Board and shall have the power to control and punish them.]
21. Every member and officer or servant of the Board or a Committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.