(1) When a market committee is superseded under section 4 1. the Govern Appointmrot ry nlent stlalI, by order, appoint a Special OAicer for a period not exceeding one year spacial oHfcer to manage the affairs of the msrket committee pending the constitutio:1 of a newv market comlaitteb or, a" t5e c?se may be, the enterin:: upon office by ;1 new market c~minrtlee :
provided th .t the period specified in sac11 order may, for special reasons to be recorded in writin? by the Government, be extended from time to tlme, but such order shall not reniain in force for more than three years in the aggregate.
(2) A Special Officer n a y be appointed under sub-secti c n ( I ) for one or more , , . l rke t colnmiltc:s as the Govtr~iment may, bv order, specify.
1 3 ) c,,":. ;he ;,-uc o f .:n order undcr s ~ ~ h s e c t b n (1) appointing a Special 1 , - r - ' - .(,r;;e: t.$.nces sh;lJl erl* t --- I,,) 111‘ I I I ' I I I ( I 1 4 ' 1 ° I I ' I t l 1 , l ( I I I I ' , ' , , , ' , , . . t ! I : , :
I I , . I I ~ ~ C ~ o ~ ~ I I ~ I I I I I I ~ ~ 1 I I ~ ~ I I I I ~ I , 8 ' I I I I : I I I I I I 1 I I< ' 1 1 O I ~ ~ C I , be t l c ~ ~ ~ ~ c ~ l l c j 11,tvc , i 1 1 . t i ! I I ~ . , I t , l l i ~ ~ : , , ; I I L!
(h) all the asscts vested in the malh;~ cotnn!itt~~ sl ,s~l , \ t i l > , ~ ~ t to ;111 Iraljilities, vest in the Government.
(4) The Goveinnle~ ! may, l,yordcr, trancfc~, lo t f c 51 cc L I ( , I f c: r : l r j -o i~~tcd under sub-scction ( I ) , the a\\ct\ and liabilitic5 , f 111: m:i~.i<c.L LO:,I !:"-- .:; .,:I the dale of such trandcr. , ( 5 ) Wl~crc ;I Spc.c.i:rl Ofi~c t.r i\ ,ippoit~tcd unl lcr '~l l;)-;~c~ii , l i ( i , .If.: ( , ~ , . ; ~ I I ~ ~ ; ~ ~ ~ ~ ~ rllcly ul)l~oi~rl arr atlvisoly I)o;lrd lo advisc l l~c !;l)cciLll Ofilc . I . I I I y r c ! ~ III :~[~CI.: , as may be specified by the Gover~inlent and the i dvisory ~ O L L I ~ shali c~i ls is t of the followjng members, namely:-
(a) three persons licensed under sub-section (1) of sectic!r~ 21 in the market area;
I (b) the Deputy Director of Agric~l t~~ral Nrrket~np having jurisdiction over the market area;
(c) two other officers of the Go~er~lment.
(6) The Governmen; may fix the remuneration payable to the Special Oficer appointed under sub-section ( I ) and the amount of remuneration so fixed and such other expenditure incidental to the manakement of the market committee, &rink:
the period of appointment of the Special O5cer as may be approved by the Government, shall be payable from the Market Committee Fund.
(7) At any time before the expiry of the period rererred l o in sub-section ( 1 1, the Government may constitute a new market committee in accordance with sectioll O and transfer thereto all the assets and liabilities of the market committee as on the date of such transfer.
...-a P ~ ~ I E LA Spcc1a1 13. (1) When a Special Officer is appointed under section 42 during his term t ! tticer. of office, all the powers vesting in, or exercisable by, and the duties and functions imposed on the market committee, the Chairman and the Vice-Chairman, by or under this Act or any other law for the tine being in force, shall vest in, and be exercised or, as the case may he, performed by the Special Oficer.
(2) The Speciai Officer may delegate such powers and entrust such duties and functions to the Chief Administrative Offlcer as he may deem necessary.
Delivery of 44. (1) Where a Special Officer is appointed under section 42 and such Special poaesslon of Officer is resisted in, or prevented from, obtaining possession of the books, accounts, records and documents, sectrities, cash and other properties, whether movable or immovable properties Of of the market committee (hereafter in this section referred to as the records committee' 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 arc kcpl sl~:ill, on uppliution by the Spcciui 0ilicci.r and on thc productioll of thc order of appoinlnient, and of a certificate by the local authority, in the prescribed form setting forth that the records and ~roperties mentioned therein belodg to the market committee, direct delivery to thc Special Officer of the possession of the records and properties of the market committee.
(2) Every applicationunder subsection (I) shall be accompanied by copies of the orders made under sub-sections (1) a1 d (4) of section 42.
(3) On receipt ot an application u:lder sub-section (I), the Metropolitan Magibuatr: or the Judicial Magistrate of the firs: class. as the case may be, shall by a wanant autho~jse any p~ l i ce officer not below the rank of a Sub-Inspector of Police TAMlL NADU GOVERNMENT GA.ZETTE ~ ~ K A O R D I N A R Y 1 15 -- - - . - - -- - - - - ___ _-- .-------- , a- - I toenter and search any place where tilerecords and propertissof thz market committee are kept or bdieved to be kept and to seize such records and properties 'I'he re33rds an3 prop-rties so s-ized shall be handed over to the Sptcial O.fl~cr.
(4) All s-~rcht; and sei~ures z , J a u a d x rills section shall be carr~ed out of in accordance with the provisions of the Code of Criminal Proczdure, 1973 relaring to search or seizure made under the authority of a warrant issued by a Magistra'e.
CHAPTER VII.
APPEAL AND REVISION.
a ' 45. (1) Save as otherwise p r o v ~ i a l in this Act, ail appeal from every Apml original order pasred under this Act or. the rules or by laws made thereunder ' shall lk-
(i) if the order is made by ;he 'Chief Administrative OBlcer or any pther &ar of the market committ~c, to the market cornmitt(c; . , . . * a
(ii) if Bhe order is made by the market committee, I to the 1 . ~ 1 ; . - '* - authetity; aad . I ' ' - - 1 , I I
(iii) if the order is made. b) the local authority, to the Government.
' ' . z ,?,.,>O , , , , (2J In the case of* an or& passod i~ appeal by the market owamittee mr the . L I,.>,! 3 * tcscal authority, a second appeal shall lie to the Govcmmnt. : !. . r ? . . , .
' - ' .,, I $ '- . @) No "oppoJ or ~ o ~ a d a$&l ihill'bi ehtertainedmlcs it is T*d wid&* s u d - period as -&y prescribq* ., - - i a , + . . !-.. . . . I ''L . 2.>+ *,..> . . . .
(4) No order preju&al to any person shall be paolcd in ady appal or S G ' Q ~ I I ~ i unlno the pemn-mocerned & @yea, an opport,u~ty of being hard. i