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Section 79: Supersession of the Board and the Committee

The Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005State Act of Himachal Pradesh · Act 20 of 2005

(1) When the State Government is of the opinion that the Board has failed in the performance of its functions or discharge of its duties or has exceeded or H. P. AGRICULTURAL AND HORTICULTURAL PRODUCE MARKETING (DEVELOPMENT AND REGULATION) ACT, 2005 42 abused the powers conferred on it by or under this Act, it may, by notification published in the Official Gazette, supersede the Board:

Provided that no order of supersession shall be passed unless the State Government has afforded reasonable opportunity to the Board by submitting a written explanation in respect of the allegations against it.

(2) Where the State Government is of the opinion that a Committee has failed in the performance of its functions or discharge of its duties or has exceeded or abused the powers conferred on it by or under this Act, it may, by notification published in the official Gazette, supersede the Committee:

Provided that no order of Supersession shall be passed unless the State Government has afforded reasonable opportunity to the Committee of submitting a written explanation in respect of the allegations against it.

(3) Upon publication of the notification superseding a Committee under sub-section (2), all the members including the Chairman shall, cease to hold the office, and the State Government shall take steps to constitute a new Committee under section 30 and till such time a new Committee is constituted, the Board shall make such arrangements for carrying out the functions of the Committee as it may deem fit for the period not exceeding six months and may, for that purpose, direct that all the functions, powers and duties of the Committee and its Chairman, under this Act, shall be performed, exercised and discharged by such person or authority as the Board may appoint in this behalf and such person or authority shall be deemed be the Committee or the Chairman, as the case may be.

Where this provision sits

ActThe Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development and Regulation) Act, 2005
Section79
Marginal noteSupersession of the Board and the Committee
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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