The lVanaging Director of the Board may, on

its own motion, or on report or compliant received, by order prohibit the execution or further execution of a resolution passed or order made by the committee or its Chairman or any of its otficers or servants, if he is ofthe opinion that such resolution or order is prejudicial to the public interest, or is likely to affect efficient running of the business in any market area, principal market yards or sub-market yards or is against the provisions of this Act or the rules or byelaws made thereunder. 53. (1) lf in the course of enquiry of inspection under section 50 or in the course of audit under this Act, it is found that any person who is or was entrusted with the management of the Board or the committee, as the member or any other officer or employee ol the Board or the committee or an officer ol 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 ol this Act, rules or bye-laws made thereunder or has caused any deficiency or loss by gross neOligence or misconduct or has misappropriated or fraudulently retained any money or olher property belonging to the Board or the committee, the Secretary of the Board may, on his own motion or on an application, enquire himself or direct any officer subordinate to him duly authorized by him by an order in writing in this behalf to enquire into the conduct of such person. (2) lt on enquiry made under sub-section (1), the Managing Director of the Board is satisfied that there are good grounds for an order underlhis sub- section, 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 compensalion to such extend as the Managing Director ot the Board may consider just and equitable. Provided that no order underthis sub-section shall be made unless the person concerned has been given a reasonable opportunity of being heard in the matter. Provided further that the liability of a legal representative of the deceased shall be to the extend of the property of the deceased which is inherited by such legal representative. (3) Any person aggrieved by an order made under sub- section

1. (2) may, within thirty days from the date of communication of the order to him, appeal to the State Government and the order of the State Government shall be final and conclusive : Provided that in computing the period of limitation the time required for obtaining a copy of the order of appealed against shall be excluded. Members, Oflicers and Officials of the Board and Committee to be public servants. Prohibition of trade Allowances. Power to order production of accounts, entry, inspection and seizure. 14) Any order made under sub-section (2) or sub- section (3) shall, be entorced in a manner as if it were a decree of civilcourt having localjurisdiction and any sum directed to be paid by such order may be recovered as arrears of land revenue. (5) lf the Secretary of the Board is satisfied on alfidavit, enquiry or otherwise that any person with intention to delay orobstruct the enforcement of any order that may be passed against him under this section is about to dispose of the whole or any part ot his property, or is about to remove the whole or any part of his property from the State, he may, unless adequate security is furnished, direct. the conditional attachments of the said property or such part thereof as he thinks necessary and such attachment shall have the same elfect as an order a competent civil court. 54. All members, oificers and servants of the Board and the committee shall be deemed to be public servant within the meaning of section 21 of the lndian Penal Code 1860. No trade allowance or deduction, other than as prescribed by or under this Act or rules or bye-laws made thereunder, shall be made or received by any person in any market area in anytransaction in respect of the notified Horticulture produce. (1) The Secretary of the Committee or any officer of the State Government or the Board, empowered by the State Government in this behalf may, for the purposes of this Act, require any person carrying on business in any kind of notified Horticultural produce to produce before him the accounts and otherdocuments and to lurnish any information relating to stocks of such Horticultural produce or purchase, sale, processing, value addition and delivery ot such Horticulture produce by such person and also to furnish any other intormation relating to payment of market fee by such person. (2) All accounts and registers maintained by any person in the ordinary course of business of any notified Horticultural produce and documents relating to stocks or such Horticultural produce or purchase, sale, processing, value addilion of such Horticulturalproduce in his possession and offices, establishment, godowns, vessels or vehicles ot such persons shali be kept open for inspection at all reasonable time by such officers of the State Government, the Board or the committee as may be authorized by the State Government in this behalf. (3) lf any oflicer has reasons to suspectthat any person is attempting to evade the payment of any market fee due from him under thisAct or that any person has purchased, sold, processed ofvalue added any notified horticultural produce in contravention of any ol the provisions of this Act or rules or the bye-laws in force in the market areas, he/she may communicate in writing tc such person, seize such accounts, registers, and documents of such person, as may be necessary and shall grant a receipt ror the same and shall retain the same only so long as it may be necessary for examination therefore or for a prosecution. (4) For the purposes ol sub-section (2) or (3) such officer may enler or search any place of business, otfice, establishment, godown, vessel or vehicle where such officer has reason to believe that such person keeps or for the time being has kept accounls, registers of documents of his/her business, or stock of notiried horticultural produce relating to this business. (5) The provisions of section 1 00 (4) to (8) of the Code of Criminal Procedure, 1973 shall, so lar as may be, apply to a search under sub- section (4). (6) Where any books of accounts or other documents are seized from any place and there are such entries therein making reference to quantity, quotations, rates, receipts or payment of money or sale or purchase ol goods, such books of accounts or other documents shall be admitted in Assessment of Market fee. 57. (1) evidence without witness having to appearto prove the same, and such entries shall be primajacie evidence of matters. transactions and accounts purported to have been recorded therein. Every trader, processor, proprietor of a private yard, proprietor of consumer farmer market or Commission agent, carrying on business of notified Horticultural produce shall, before the 30th June, every year submit to the Secretary of the Committee a statement of transaction undertaken by or through him during the previous financial years ending on the 31st March, in such form and in such manner as may be the prescribed. The Secretary of the Committee shall accepl or rejecl the statement submitted to him under sub- section (1) alter necessary examination and verification on the basis of information duly available with the Committee and shall assess the balance amount payable by the functionary and levy the assessed amount. Any person aggrieved by the proceeding of the Secretary of the Committee may, within thirty days from the date of Communicalion of notice to him, appeal to the Committee. Any officer authorized by the Board may, on his own motion or on application made to the Board start process of re-verilication of the statement verified by the Secretary of the Committee within two months from the date ol verification and tor this purpose such officer shall exercise the powers under section 59; and the re-verification made by such officer shall be final. (21 (3) (4) 58. (1) lf any person required to produce accounts or furnish information under sub-section (1)of section 57, fails to produce such accounts or inlormation or knowingly furnishes incomplete or incorrect accounts of the business of the notified Horticultural produce, the Secretary of the Committee, on his own motion, shall assess such person lorfee levied under section 41 on the basis of information available with the committee. Submission of annual accounts by license and registered functionaries and assess- ment. 59. (1) At any time when so required, any officer of the Board empowered by the board or any officer of the Committee empowered by the Committee in this behalf, as the case may be, may direct the driver or any other person in charge o{ the vehicle, vessel or other conveyance and inspect all records relating to notified Horticultural produce carried, and give his name, address and name and address of owner of the vehicie, vesselor otherconveyance and name and address of the owner of the notified Horticultural produce canied in such vehicle, vessel or other conveyance. .(2) Persons empowered under sub-section (1) may seize any notified Horticultural produce brought into or taken out or proposed to be taken out of the market area in any vehicle, vessel or other conveyance, if he has reason to believe that any lee orother amount due under this Act or the value payable to the seller in respect of such Horticultural produce has not been paid. (3)lf any person empowered under sub-section (1) has reason to suspect that any person is attempting to evade the payment of any market fee due from him under section 41 or that any person has purchase or stored any notified Horticultural produce in contravention of any of the provisions of this Act or the rules or the bye-laws made thereunder in the market area, he may enter and search any place of business, warehouse, otfice, establishment or godown where the person empowered under sub-section (1) has reason to believe that such person keeps or has for the time being kept stock of notified Horticultural produce and may seize the notified Horticultural produce and such seized notified Horticultural produce may be confiscated in favour of the market committee in accordance with the provisions of the code of Criminal Procedure, 1973. (4) The provisions of section 100, 457, 458 and of the Code of Criminal Procedure, (No. of 1974) shall apply to entry, search and seizure under sub-section (1), (2) and (3) as they apply in Power to stop Vehicles. Power to remove encroachmenb in market yard. Power to grant exemption from market fees. Power to write off inecoverable Iee etc. (2) (3) 61. (1) (2) relation to the entry, search and seizure of properly by the police otficer. Such seizure shall forthwith be reported bythe person aloresaid to a Magistrate having jurisdiction to try the otfence under this Act. (1) Any oflicer or servant of the Committee or the Board empowered by the State Government, by notification, in this behalf shall have the power to remove any encroachment over the property owned by the Board/or the Committee including the market yard, and the expenses of such removal shall be paid by the encroacher, il he fails to pay such expenses, the same shall be recovered in the same manner as arrears of land revenue. All Police Otficers shall be bound to assist the oflicers empowered under sub-section (1 ), when required, in the pertormance of their duties under thisAct, and forthat purpose, shall havethe same powers which they have in the discharge of their ordinary police duties. lf any officer or servant of the Board or the committee empowered under sub-section (1) fails to remove the encroachment within the market yard, he shall be punished with simple imprisonment for lifteen days or with fine which may extend to one thousand rupees or with both. The State Government may, by notification and subject to such conditions and reskictions. as may be specified therein, exempt in whole or in part any Horticultural produce brought for sale or bought or sold in the payment of market fee for such period as may be specified therein. Any notification issued under sub-section ('1) may be rescinded before the expiry of the period specified therein and on rescission, such notification shall cease to be in force.