(1) If in the opinion of the State Government a Committee is incompetent to perform or persistently makes default in performing the duties imposed on it by or under this Act, or abuses its powers, the State Government may, by notification, supersede the Committee:
Provided that before issuing a notification under this sub-section the State Government shall give a reasonable opportunity to the Committee for showing cause against the proposed supersession.
1. Omitted by Haryana Act 38 of 1980.
2. Inserted by ibid.
No. 23 of 1961 The Punjab Agricultural Produce Markets Act, 1961 and shall consider the explanations and objections, if any, of the Committee.
(2) Upon the publication of a notification under sub-section (1) superseding a Committee, the following consequences ensue-
(a) all the members including the Chairman and Vice-Chairman of the Committee shall as from the date of such publication, be deemed to have ceased to be members of the Committee;
(b) all assets of the committee shall vest in the Board and the Board shall be liable for all the legal liabilities of the Committee subsisting at the date of its supersession up to the limit of the said assets;
(c) the State Government may, in its discretion by order constitute either a new Committee as provided under section 12 or such other authority for the carrying out of the functions of the Committee, as the State Government may deem fit.
(3) (a) When the State Government has made an order under clause (c) of sub-section (2), the assets and labilities defined in clause (b) of sub-section (2) vesting in the Board at the date of such order shall be deemed to have been transferred on the date of such order to the new Committee or authority constituted as aforesaid.
(b) (i) Where the State Government by order under clause (c) of sub-section (2) has appointed an authority other than a new Committee for the carrying out of the functions of the superseded Committee the State Government may, by notification determine the period not exceeding one year for which such authority, shall act;
Provided that the term of office of such authority may be terminated earlier, if the State Government for any reason consider it necessary.
(ii) At the expiry of the term of office of such authority a new Committee shall be constituted.
(iii) Upon such an order being made the assets and liabilities vesting in the authority thereby superseded shall be deemed to have been transferred by such order to the new Committee.
(4) Whenever the assets of a Committee vest in the Board and no new Committee or authority is appointed in its place the Board shall employ the balance of the assets remaining after the discharge of the subsisting legal liabilities of the Committee for any object of public utility in the area specified in the notification issued under section 6.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 Emergency powers.
Penalties
36. If at any time the State government is satisfied that a situation has arisen in which the purposes of this Act cannot be carried out in accordance with the provisions thereof, the State government may by notification-
(a) declare that the functions of a Committee shall, to such extent as may be specified in the notification, be exercised by the Board or such person or persons as it may direct;
(b) assume to itself all or any of the powers vested in or exercisable by a Committee;
and such notification may contain such incidental and consequential provisions as may appear to the State Government to be necessary or desirable for giving effect to the objects of the notifications.
1[37.Penalties.- (1) Whoever contravenes any provisions of this Act, the rules, regulations Or bye-laws made thereunder shall, if no other penalty is provided for that contravention, be liable to imposition o penalty which may extend up to ten thousand rupees.
(2) Notwithstanding anything contained in forgoing sub-section, any person who wilfully evades payment of any fee or sum due to the Committee under the provisions of this Act, the rules, regulations or bye-laws made thereunder shall, in addition to the payment of fee or sum due, be liable to imposition of penalty, which shall not be less than twenty-five percent and not more than fifty percent of the amount of the fee or sum due, as the case may be, for the first two evasions.
(3) In case any person is found wilfully evading payment of any fee or sum due to the Committee, more than twice during the period of one financial year, his license shall be liable to be cancelled, in addition to the penalty imposed .
(4) No penalty under this section shall be imposed—
(i) without affording the person aggrieved an opportunity of being heard;
(ii) after expiry of a periuod of five years from such contravention; and
(iii) by an officer detecting or investigating the offence or an officer junior in rank to such officer.”
1. Substituted by Haryana Act 21 of 1973.
No. 23 of 1961 The Punjab Agricultural Produce Markets Act, 1961
38. The State Government may, by notification, add to the Schedule to this Act any other item of Agricultural produce or amend or omit any item of such produce specified therein.