No court shall take cognizance of any offence punishable under this Act or any

Rule or any Bye-laws made thereunder except on the complaint made by the

Director or Officer authorized in this behalf or by the Chairperson, Vice-Chairperson, Secretary of the Market Committee or any person duly authorized by the Market Committee in this behalf. t . ' CHAPTER-XII CONTROL

1. (a) inspect or cause to be inspected the account and offices of Market Committee ;
2. (b) hold enquiry into the affairs of a Market Committee;
3. (c) call from a 1y return, statement, accounts or reports which he may think fit to require such committee to furnish;
4. (d) require a. 'Vlarket Committee to take into consideration-
   • (i) any o ojection on the ground of illegality or inexpediency or impropriety which appears to him to exist to the doing of anything which is about to

be d one or is being done by or on behalf of such committee; or

The Arunachal Pradesh Extraordinary Gazette, May 5, 2018

..

1. (ii) any information he is able to furnish and which appears, to him to

necessitate the doing of a certain thing by such committee; and

1. (iii) to make written reply to him within a reasonable time stating the reason for doing or not doing such thing.

1. (e) direct that anything which is about to be done or is being done should not

be done, pending consideration of the reply, and anything which should be

done but is not being done should be done within such time as he may direct.

1. (2) When the affairs of a Market Committee are investigated under this section or the proceedings of any Market Committee are examined by the Managing Director under section 113, the Chairperson, Vice-Chairperson, Secretary and all other Officers and servants and Members of such committee shall furnish such information in their possession in regard to the affairs or proceedings of the Market

Committee as the Managing Director, or the Officers authorized by him ,as the

case may be, may require.

1. (3) An officer investigating the affairs of a Market Committee under sub-section (1) or the Director or the Government examining the proceeding of any Market Committee under section 114 shall have the power to summon and enforce the attendance of Officer(s) or Member(s) of the Market Committee and to compel him/ them to give evidence arid to produce documents by the same means and as far as possible in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1973 .

( 4) Where the Managing Director has reason to believe that the books and records of

a Market Committee are likely to be tampered with or destroyed or the funds or property of a Market Committee are likely to be misappropriated or misapplied, the Managing Director may issue order directing a person duly authorized by him in writing to seize and take possession of such books and records, funds and property of the Market Committee and the Officer (s) of the Market Committee responsible for the custody of such books, records, funds and property shall give delivery thereof to the person so authorized.

107. (1) The Director in consultation with State Government; may remove Vice-Chairperson

and Members of Market committee where he is of the opinion that the said functioning: Powers of Director to remove Chairperson or

1. (a) has been guilty of misconduct or gross negligence of duty as Chairperson, Vice- Vice-Chairperson or a Member; Chairperosn or Member ofth
2. (b) ceases to hold the qualifications necessary for being a Chairperson, Vice- Market Commit- Chairperson or Member. tee.

1. (2) No order of removal under sub-section (1) shall be passed unless the person concerned has been given reasonable opportunity of being heard in respect of the allegations against him.
2. (3) The Director may suspend any Vice-Chairperson or a Member of a Market Committee in the manner and way mutatis mutandis to sub-section (1 ), who has been served with notice under sub-section ( 1) or sub-section (2) as the case may

be, and against whom any complaint has been received or who commits

irregularities after the service of such notice, for period from the date of receipt of complaint or the date of noticing of irregularities by the Director till the final decision is taken in his case.

Where the Director, on his own motion or after considering the submission of

Managing Director, is of the opinion that a Market 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, may, on prior consultation with Government, by

notification in the Gazette, supersede the Market Committee : Provided that no order of supersession shall be passed unless the Director has given a reasonable opportunity to the Market Committee of being heard in respect of the allegations made against it.