Provided that no order of supersession shall be passed unless the State Government has given to the Board a reasonable opportunity of being heard in respect of the allegations against it.

Upon publication of the notification superseding a Board under section11 O,thefollowing consequences shall ensue :

1. (i) The Chairperson, Vice-Chairperson and all the Members of the Board shall, with effect from the date of publication of the notification, be deemed to have vacated their offices.
2. (ii) The State Government shall direct that steps be taken for constitution of a new

as the State Government, may appoint in this behalf and such person or authority shall be deemed to be the Board or Chairperson, as the case may be.

112. (1) If it appears to the Director, that it is necessary or expedient in the interest of

agricultural marketing to make any Bye-iaw (s) or to amend any existing Bye-

law (s), he may, by order, direct the Market Committee concerned to make

Bye-law(s) or amend existing Bye-law (s) within such time as he may specify in such order.

1. (2) If the Market Committee fails to make such Bye-law(s) or such amendment of

the Bye-law(s) within the time specified, the Director may, after giving the Market

Committee a reasonable opportunity to explain, make such bye-law (s) or such amendment of the bye-law (s) and thereupon subject to any order under sub-

section (3), such bye-law (s) or such amendment of the bye-law (s) shall be

deemed to have been made or amended by the Market Committee in accordance with the provision of this Act or the Rules made thereunder and thereupon such bye-law (s) or amendment (s) shall be binding on the Market Committee.

1. (3) Arl appeal shall lie to the state Government against any order of the Director under sub-section(2) within thirty days from the date of such order and decision

passed or order made by the Market Committee or its Chairperson or any of its Officers or servants, if he is of the opinion that such resolution or order is prejudicial

to public interest, or is likely to hinder efficient running of the business in any

market yardsor sub-market yards or is against the provisions of this Act or Rules or Bye-laws made thereunder.

1. (2) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section(1) and continuing in force, it shall be the duty

of the market committee, if so required by the Managing Director, take such

action which the Market Committee would have been Entitled to take if the resolution or order had never been made or passed and which is necessary for preventing the Chairperson or any of its officers or servants from doing or continuing to do anything under the resolution or order.

made to him, call for and examine the proceeding of any Market Committee and

propriety of any decision taken or order passed and as to the regularity of the proceedings of the Market Committee or the Director/Managing Director, as the

case may be. If in any case, it appears to the Director/Managing Director or the

state Government that any such decision or order or proceeding so called for

should be modified, annulled, reversed, or remitted for reconsideration he or it

may pass such order thereon as he or it may deem fit: Provided that every application to the state Government for the exercise of the powers under this section shall be preferred within sixty days from the date on which the decision or order to which the application relates was communicated to the applicant.

thereby.

1. (2) The state Government , may suspend the execution of the decision taken or

order passed by the Market Committee/Director/Managing Director, pending

exercise of its powers under sub-section ( 1 ).

management of Market Committee or any deceased, past or present

Chairperson, Vice-Chairperson, Member, Officer-in-charge of Market Committee,

or any other officer or employee of Market Committee or an Officer of the State Government has made or directed by assenting or concurring or participating in

any affirmative vote or proceeding related thereto, any payment or' application

of any money or other property belonging to, or under the control of such committee to any purpose contrary to the provisions of this Act or Rules or Bye-laws made

thereunder or has caused any deficiency or loss by gross negligence or

misconduct or has misappropriated or fraudulently retained any money or other

himself or direct any officer subordinate to him duly authorised by him by an order in writing in this behalf to enquire into the conduct of such person within two

years of the date of report of audit, enquiry or inspection as the case may be.

1. (2) If on enquiry made under sub-section (1 ), the Director/ Managing Director is satisfied

that there are good grounds for an order thereunder, he may make an order requiring

such person, or in the case of a deceased person, his legal representative who inherits his estate, to repay or restore the money or property and any part thereof,

with interest at such rate, or to pay contribution and costs or compensation to

such extent as he may consider just and equitable: Provided that no order under this sub-section shall be made unless the person concerned has been given a reasonable opportunity of being heard in the matter. Power to call for proceedings of Market Committee and Managing Director/ Director. Liabitity of Chairperson, Vice- Chairperson, Members and Employees for Joss, waste er misappropriation etc. Provided further that the liability of a legal representative of the deceased shall be to the extent of the property of the deceased which is inherited by such legal representative.

1. (3) Any person aggrieved by an order made under sub-section (2) may, within thirty days from the date of communication of the order to him, appeal to the Government and the Order of the latter shall be final and binding:

Provided that in computing the period of limitation the time required for

obtaining a copy of the order appealed against shall be excluded.

1. (4) No order passed under sub-section (2) or sub-section (3) shall be called in question in any court of Law.
2. (5) Any order made under sub-section (2) or sub- section(3) shall, on the

application of the Director/Managing Director , be-enforced by any Civil Court

having local jurisdiction in the same manner as if it were a decree of such court, or any sum directed to be paid by such Order may be recovered as arrears of land revenue.

· Government to

shall b. e deemed to have been amended accordingly:

amend