section 46
Sale Government.
The Arunachal Pradesh Horticultural Produce Marketing and Processing Board Act, 2014(1) Save as provided in sub-section (2) all moneys received by a Committee shall be paid into a fund to be called the "Committee Fund" and all expenditure incurred by the Committee under or for the purposes of lhis Act shall be defrayed out of the said fund. Any surplus remaining with the
(2) (3) (4) 47. (1\ Committee after such expenditure has been met, shall be invested in such manner as may be prescribed. Any money received by the Committee by way of arbitration lee or as security for costs in arbitration proceedings relating to disputes or any money received by the Committee by way of security deposit, contribution to provident fund or for payment in respect of any notified Horticulture produce, or other charges payable by the Committee or such other money received by the Committee as may be provided in the rules or bye- laws, shall not torm part of Committee Fund, and shall be kept in such manner as may be prescribed. Every Committee, out of its fund, shall pay to the Board, fifty percent of the total market fee collected under section during the year, to meet the expenses of establishment of the Board and expenses incurred in execution ol the lunctions assigned to the Board under this Act. All money and receipts specified in this section and forming part olthe fund ofthe Committee shall be deposited in any Nationalized Bank or any other Bank having National Computerized Network. The account shall be operated in the Joint signatures of Chairman, Vice Chairman and member secretary in District level. The Secretary of the Committee shall be the Head ol office and shall exercise such financial powers as have been conferred under lhe Financial Rules of the State Government on the Head of office. Every Committee shall prepare and pass the budget of its income and expenditure for the ensuing year in such manner and in such form and within such period as may be prescribed and shall submit it to the Managing Director of the Board and the Managing Director shall place the same before the Board for approval. The board shall approve the budget with or without modilication within two monlhs from the date of receipt thereof. lf the budget is not returned by the Managing Director within two months, it shall be deemed to have been approved. Preparation and sanction of budget ot Committee.
Purpose lor which the Committee fund may be expended. (2) A Committee at any time during the year for which any budget has been sanctioned, cause a revised or supplementary budget to be passed and sanction in the same manner as if it were an original budget. (3) No expenditure shall be incurred by a Committee on any item if there is no provision in the sanctioned budget thereof unless it can be met by re-appropriation from saving under any other head. The sanction lor re-appropriation may be obtained from the Board. Provided that in case of re- appropriation from minor heads under one major head, sanction for re-appropriation shall not be required. Subject to the provisions of section 46, the Committee in order to discharge functions and duties entrusted to it under lhis Act, may use the Committee Fund. Without prejudice to generality of this provision the Committee fund may be used for the following purposed, namely:- (l) The acquisition ol a site or sites for the market. (ll) The establishment, maintenance and improve- ment of the market yard. (lll) The convenience and repairs ol buildings necessary for the purpose of the market yard and for convenience or safety of the persons using the market yard. (Vl) The maintenance ot standard weights and measures. (V) The meeting ol establishment charges including payments and contributions towards provident fund, pension and gratuity of the otficers and servants etc. of the Committee (Vl) Loans and advances to the employees of the committee. (Vll) The payment ol interest on the loans that may be raised forthe purpose ofthe market and provisions of sinking fund jn respect ol such loans. (Vlll) The collection and dissemination of information relating to the Horticultural produce.
(lX) The expenses incurred in auditing the accounts of the Committee and expenses incuned in the maintenance of the oflices. (X) Payment ol honorarium and travelling allowance to the Chairman and other non-employees of the committee and employees of the committee as may be prescribed. (Xl) Contribution to lvlarketing Development Fund. (Xll) Contribution to any scheme for development of Horticultural marketing including transport. (Xlll) For providing facilities like grading, standardiza- tion, and quality certilication seNices and communi- cation to Horliculturist in the market area. (XlV) lncurring expenses on research and development, extension and training to larmers in marketing of Horticultural produce. (M Prevention, inconjuction with other Agencies, State, Central, and others of distress sale ol Horticultural produce. W) Fostering cooperative marketing and assisting cooperative marketing societies in the procure- ment and profilable disposal of produce particularly the produce belonging to small and marginal larmers. (XVll) Create and promote on ils own orthrough public- private partnership inlrastruclure and post harvest handling ol Horticulture produce, cold storages, proceeding facilities, pack houses and all such infrastructure to develop modern market system. (XVlll) Meeting any legal expenses incurred by the committee. (XlX) On the training and skill enhancement of staff of lhe committee ; and (XX) With the previous sanction of the bcard, any other purpose which is calculated to promote the general interests of the committee or the notified market area or any other purpose calculated to promote the national interest.
Power to borrow. 49. (1) The committee may, with the previous sanction of the board, raise the money required for carrying on the purposes for which it is established on the security of any property vested in and belonging to the committee and of any fees leviable by the committee under this Act. (2) The Committee may, for the purpose of meeting the initial expenditure on lands, building, and equipments required for establishment of the market, obtain loan from the State Government or the Board or other committee or financial institution on such conditions, as may be prescribed. CHAPTER - VI CONTBOL 50. (1) The i,4anaging Director ol the Board may :- (a) lnspect or cause to be inspected the accounts and olfices of the committee. lnspection of Markets and enquiry into the affairs of the Committee. (d) Hold inquiry into the atfairs of a committee. Call from a committee's return, statement, accounts or reports which he may think fit to require such committee to furnish. Require the committee to take into consideration:- (l) Any objection on the ground of illegality, inexpediency, improprietywhich appears to him to exist to the doing of anything which is about to be done or is being done by or on behalf of such committee; or (ll) Any information he is able to furnish and which appears to him to necessitate the doing of a certain thing by such committee. (2) When the atfairs of a market are investigated under this section or the proceedings of any committee are examined by the Managing Director of the Board under section 52, the Chairman, (b) (c)
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 committee as the Managing Director of the Board or other officer authorized. as the case may be. may require. (3) An officer investigating the affairs of a committee under sub-section (1) or the Slate Government examining the proceedings of any commitlee under section 51 shall have the power to summon and enforce the attendance of officers or members of the committee and to compel them to give evidence and to produce documents by the same means and as far as possible in the same manner as is provided in the case ot a Civil Court by the Code of Civil Procedure, 1908. Where the lVlanaging Director of the board has reason to believe that the books and records of a committee are likely to be tempered with or destroyed or the funds or propefry of a committee are likely to be misappropriated or misapplied, the Managing Director ol the Board may issue orders directing a person duly authorized by him in writing to seize and take possession of such books and records, funds and property of the committee and the olficer or officers of the committee responsible for the custody of such books, records, funds, and property shall give delivery thereof to the person so authorized. 51. (1) The Managing Director of the Board or the State Government as the case may be, may on its own motion or, on an application made to it, call for and examine the proceedings of any committee or of the Board, as the case any may be, Ior the purpose of satisfying itself as to the legality or propriety of any decision taken or order passed and as to the regularity of the proceedings ol the committee or lhe Board, as the case may be. lf any case , it appears to the lvlanaging Director of the Board or the State Government that any such decision or order or proceedings so called for should be modified, annulled, reversed, or remitted for reconsideration it may pass such order thereon as it may deem fit. Power to Call tor procee- dings ol committee or Board.
Power to Prohibit execution or further execution of resolution passed or order made by the committee. Liability of Chairman, Members and employees lor loss, wastes or misappropria- tion etc. Provided that every application to the lvlanaging Director of the Board or the State Government, as the case may be, shall be preferred within sixty days from the date of such decision or order to the Communication of applicant, Provided further that no such order shall be passed under sub-section ('1) without giving a reasonable opportunity ol being heard to the parties affected thereby. (2) The Managing Director of the Board or the State Government, as the case may be, may suspend the execution of the decision taken ororder passed by the Committee or the Board, as the case may be, pending the exercise of its powers under sub- section ('l ).
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