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Section 28

The Uttrakhand State Agricultural Produce and Livestock Marketing ( Promotion & Facilitation )State Act of Uttarakhand · Act 28 of 2020

(1) A motion of no confidence may be moved against the Chairperson and/ or the Vice-Chairperson at a meeting specially convened for the purpose under sub-section

(2), and if the motion is passed by a majority of the total Members of the Committee and not less than two-third of the Members present and voted, cease to be the Chairperson or Vice-Chairperson , as the case may be.

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(2) For the purpose of sub-section (1) a meeting of the Market Committee shall be held in the prescribed manner within thirty days of the date of receipt of the notice of motion of no confidence. No ex officio Member of the Market Committee shall move the notice of no confidence. The ex-officio Member shall also not have power to vote on “no confidence motion” brought.

(3) The Chairperson or Vice-Chairperson shall not preside over the meeting, as the case may be, but such meeting shall be presided over by an Officer, which the Director may, in consultation with Minister , in-charge of agricultural marketing , appoint for the purpose.

However, the Chairperson or Vice-Chairperson as the case may be, shall have the right to speak and otherwise to take part in the proceedings of the meeting.

(4) If the motion of no confidence is not accorded as aforesaid or if the meeting could not be held for want of quorum, no notice of any subsequent motion expressing vote of confidence in the same Chairperson or Vice- Chairperson shall be made until after the expiry of six months from the date of such scheduled meeting.

Leave of absence to Chairperson and Vice- Chairperson and consequences of absence without leave.

29.(1) Subject to the Rules made in this behalf, every Chairperson and every Vice-Chairperson officiating as Chairperson, who absents himself from three consecutive meetings of the committee, without leave of the Minister ,in-charge of agricultural marketing , shall cease to be the Chairperson on and from the date on which the such third meeting is held.

(2) Subject to the provisions of sub-section (1), every Vice- Chairperson, who absents himself from three consecutive meetings of the committee, without leave of the Chairperson, shall cease to be the Vice-Chairperson on and from the date on which the such third meeting is held.

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(3) Leave under sub-section (1) or (2) shall not be granted for six consecutive meetings of the Market Committee.

Whenever such leave in extreme exigencies as prescribed is granted to the Chairperson on Vice- Chairperson, the Market Committee shall elect such eligible members to discharge the duties and functions as Chairperson and Vice-Chairperson of the Market Committee, as may be prescribed.

Refusal to hand over the charge to new Chairperson or Vice- Chairperson.

30.(1) On election of the Chairperson or Vice-chairperson, as the case may be, the outgoing Chairperson or Vice- Chairperson shall forthwith hand over the charge of his office to the successor in office.

(2) If the outgoing Chairperson or Vice-Chairperson fails or refuses to hand over the charge of his office, under subsection (1), the Director or any Officer authorized by him in this behalf may, with the prior approval of Minister, incharge of agricultural marketing , by order in writing direct the outgoing Chairperson or Vice-Chairperson, as the case may be, forthwith to hand over the charge of his office together with all records, Funds and property of the Market Committee, if any, in his possession.

(3) If the outgoing Chairperson or Vice-Chairperson to whom a direction has been issued under sub-section (2) does not comply with such direction, the Director or any Officer authorized in this behalf shall have the same powers as are vested in a Civil Court under the code of Civil Procedure, 1908 (5 of 1908) while executing a decree.

33 Seizure and taking possession of record and property of Market Committee under certain conditions.

Where this provision sits

ActThe Uttrakhand State Agricultural Produce and Livestock Marketing ( Promotion & Facilitation )
Section28
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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