(1) Where –
(a) the term of office of the members of any market committee has expired and anew market committee cannot be constituted in accordance with the provisions of the Act, the rules and the by-laws, or
(b) the new market committee constituted fails to enter, or is prevented from entering upon, office, or
(c) the members of the existing market committee have tendered registration enbloc or
(d) vacancies have arisen for any reason, or one or more members of the market committee have tendered resignation and the number of remaining members cannot form the quorum for the meeting of the market committee, the Government may, on their own motion or on application of any producer of any notified agricultural produce or on application of any producer of any notified agricultural produce in the notified area or of any person licensed by the market committee under sub-section (1) of Section 8; and in the case of a new market committee which has failed to enter or prevented from entering upon, office after giving the members of the said market committee an opportunity of making their representations, by order, appoint a Special Officer for a specified period not exceeding one year to manage the affairs of the market committee, pending the constitution of a new market committee or as the case may be, the entering upon office by the new market committee.
Provided that the period specified in such order may, for special reasons to be recorded in writing by the Government, be extended from time to time but such order shall not remain in force for more than “three” years in the aggregate.
(2) A Special Officer may be appointed under sub-section (1) for one or more market committees as the Government, may, by order, specify.
(3) Upon the issue of an order under sub-section (1) appointing a Special Officer, the following consequences shall ensure:
(a) all the members including the Chairman and Vice-Chairman of the market committee constituted under this Act shall as from the date of such order be deemed to have vacated their offices; and
(b) all the assets vested in the market committee shall, subject to all liabilities vest in the Government.
(4) The Government may, by order, transfer, to the Special Officer appointed under sub-section (1), the assets and liabilities of the market committee as on the date of such transfer.
(5) Where a Special Officer is appointed under sub-section (1), the Government may appoint an advisory board to advise the Special Officer in such matters as may be specified by the Government and the advisory Board shall consist of the following, members, namely:
(a) three persons from among the producers of the notified agricultural produce in the notified area;
(b) three persons licensed under sub-section (1) of section 8 in the notified area;
(c) the Assistant Director of Agriculture in-charge of marketing having jurisdiction over the notified area referred to in section 14;
(d) two other officers of the Government.
(6) The Government may fix the remuneration payable to the Special Officer appointed under sub-section (1) and the amount of remuneration so fixed and such other expenditure incidental to the management of the market committee, during the period of appointment of the Special Officer as may approved by the Government, shall be payable from the Market Committee Fund.
(7) At any time before the expiry of the period referred to in sub-section (1) the Government may –
(i) in a case where the special Officer was appointed on the ground that the new market committee failed to enter, or prevented from entering, upon offices if such new market committee has since become capable of entering upon office, enable such market committee to enter upon office, and
(ii) in other cases, constitute a new market committee in accordance with section 10, and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer.
34. Delivery of possession of records and properties of market committee - (1) Where a Special Officer is appointed under section 33 and such Special Officer is resisted in, or prevented from obtaining possession of the books, accounts, documents, securities, cash and other properties, whether movable or immovable, of the market committee (hereafter in this section referred to as the records and properties of the market committee), by any person who is not entitled to be in possession of the records and properties of the market committee, any Metropolitan Magistrate or any Judicial Magistrate of the first class in whose jurisdiction the office of the market committee or the records and properties of that market committee is situate or are kept shall, on application by the Special Officer and on the production of the order of appointment, and of a certificate by the Director in the prescribed form setting forth that the records and properties mentioned therein belong to the market committee, direct delivery to the Special Officer, of the possession of the records and properties of the market committee.
(2) Every application under sub-section (1) shall be accompanied by a copy of the order made under section 33.
(3) On receipt of an application under sub-section (1), the Metropolitan Magistrate or the Judicial Magistrate of the first class, as the case may be, shall by a warrant, authorize any police officer not below the rank of a Sub-Inspector of Police to enter and search any place where the records and properties of the market committee are kept or believed to be kept and to seize such records and properties;
and the records and properties so seized shall be handed over to the Special Officer.
(4) All searches and seizures made under this Section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), relating to search or seizure made under the authority of a warrant issued by a magistrate.
CHAPTER III MARKETING BOARD
35. Establishment of Tamil Nadu State Agricultural Marketing Board -
(1) The Government shall establish a Board called the Tamil Nadu State Agricultural Marketing Board having jurisdiction over the entire state of Tamil Nadu for exercising the powers conferred on, performing the functions assigned to, and discharging the duties imposed on it, by or under this Act.
(2) (a) The Board shall be a body corporate by the name aforesaid, shall have perpetual succession and a common seal, 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 acquire and hold property both movable and immovable, 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 immovable property shall be transferred by way of sale, lease or otherwise without the prior permission of the Government.
(b) The Board shall be deemed to be a local authority for the purpose of the Land Acquisition Act, 1894 (Central Act I of 1894) and the Local Authorities Loans Act, 1914 (Central Act IX of 1914)