Chapter X Control

1. (1) The State Marketing Officer may:—
   • (a) inspect or cause to be inspected the accounts and offices of the Marketing Board;
   • (b) hold inquiry into the affairs of the Marketing Board;
   • (c) call from the Marketing Board, return, statement, accounts or reports which he may think fit to require the Board to furnish;
   • (d) require the Marketing Board to take into consideration.—
     • (i) any objection, on the ground of illegality, inexpediency or impropriety which appears to him to exist, to the doing of anything or which is about to be done or is being done by or on behalf of the Board;
     • (ii) any information he is able to furnish and which appears to him to necessitate the doing of a certain thing by the Board;
   • (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.
2. (2) When the affairs of the Marketing Board are investigated under this section or the proceedings of the Marketing Board are examined by the State Marketing Officer under section 69, the Chairman, Vice-Chairman, Secretary and all other officers, servants and members of the Board shall furnish such information in their possession in regard to the affairs or proceedings of the Marketing Board as the State Marketing Officer, may require.
3. (3) The State Marketing Officer, while investigating the affairs of the Marketing Board under sub-section (1), shall have power to summon and enforce the attendance of officers or members of the Marketing Board 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 Code of Civil Procedure, 1908 (5 of 1908).
4. (4) Where the State Marketing Officer has reason to believe that the books and records of the Marketing Board are likely to be tampered with or destroyed or the funds or property of the Marketing Board are likely to be misappropriated or misapplied, the State Marketing Officer 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 Marketing Board and the officer or officers of the Marketing Board responsible for the custody of such books, records, funds and property shall give delivery thereof to the person so authorized.

1. (1) The State Marketing Officer may remove a member, Chairman, or Vice-Chairman of the Marketing Board where he is of the opinion that:—
   • (a) such member, Chairman or Vice-Chairman has been guilty for misconduct or for gross negligence of his duty as member, Chairman or Vice-Chairman;
   • (b) such member, Chairman or Vice-Chairman has ceased to hold the qualification necessary for his being a member, Chairman or Vice-Chairman, as the case may be.
2. (2) No order of removal under sub-section (1) shall be passed unless the person concerned has been given a reasonable opportunity of submitting an explanation in respect of the allegations against him.
3. (3) The State Marketing Officer may suspend any member or Chairman or Vice- Chairman of the Marketing Board, who has been served with the notice under sub-sections (1) and (2) or against whom any complaint has been received or who commits irregularities for a period from the date of issue of notice or of receipt of complaint or from the date of noticing of irregularities by the State Marketing Officer till the final decision is taken in the case.

Where the Government is of the opinion that the Marketing Board has failed in the performance of it's functions or discharge of it's duties or has exceeded or abused the powers conferred on it by or under this Act, it may, by notification in the Official Gazette, supersede the Marketing Board:

Provided that no order of supersession shall be passed unless the Government has accorded reasonable opportunity to the Marketing Board of submitting a written explanation in respect of the allegations against it.

Upon publication of the notification superseding the Marketing Board under section 66, the following consequences shall ensue:—

1. (i) all the members including the Chairman, Vice-Chairman of the Marketing Board shall, as from the date of publication of the notification, be deemed to have vacated their offices;
2. (ii) the Government shall direct that steps be taken for constitution of new Marketing Board under section 12 and till the time a new Marketing Board under section 12 is constituted as aforesaid, the State Marketing Officer shall make such arrangements for carrying out the functions of the Marketing Board as he may deem fit for a period not exceeding six months and for that purpose, he may direct that all the functions, powers and duties of the Marketing Board and it's Chairman under this Act, shall be performed, exercised and discharged by such person or authority as the State Marketing Officer may appoint in this behalf and such person or authority shall be deemed to be Marketing Board or Chairman, as the case may be.

(1) If it appears to the State Marketing Officer that it is necessary or expedient in the interest of a market or of the Marketing Board to make any bye-laws or to amend any bye laws, he may, by order require the Marketing Board to make such bye- laws or to carry out amendment to the bye-laws within such time as he may specify in such order.

1. (2) If the Marketing Board fails to make such bye-laws or such amendment in the bye- laws within the time specified, the State Marketing Officer may, after giving the Marketing Board a reasonable opportunity of being heard, by order, make such bye-laws or carry out such amendment to the bye-laws and thereupon subject to any order under sub-section (3), such bye-laws or such amendment to the bye-laws shall be deemed to have been made or amended by the Marketing Board in accordance with the provisions of this Act or the rules made thereunder and thereupon such bye-laws or amended bye-laws shall be binding on the Marketing Board.
2. (3) An appeal shall lie to the Government from any order of the State Marketing Officer under sub-section (1) within thirty days from the date of such order and the decision of the Government on such appeal shall be final.

1. (1) The State Marketing Officer may, on his own motion or on report or complaint received, by order, prohibit the execution of a resolution passed or order made by the Marketing Board or it's Chairman or any of it's officers or servants, if he is of the opinion that such resolution or order is prejudicial to the public interest or is likely to hinder efficient running of the business in any market area, principal market yard or sub-market yard or is against the provisions of this Act or the rules or bye-laws made thereunder.
2. (2) Where the execution of a resolution or order is prohibited by an order made under subsection (1) and continuing in force, it shall be the duty of the Board, if so required by the State Marketing Officer, to take such action, as the Board would have been entitled to take if such resolution or order had never been passed or made, which is necessary for preventing the Chairman or any of it's officers or servants from doing or continuing to do anything under such resolution or order.

1. (1) The State Marketing Officer may, on his own motion or on an application made to him, call for and examine the proceedings of the Marketing Board and the Government may on it's own motion or on application made to it, call for and examine the proceedings of the State Marketing Officer, for the purpose of satisfying himself or itself, as the case may be, as to the legality or propriety of any decision taken or order passed and as to the regularity of the proceedings of the Board or the State Marketing Officer, as the case may be. If, upon examination, it appears to the State Marketing Officer or the Government that any such decision, order or proceedings should be modified, annulled, reversed or remitted for reconsideration, he or it, as the case may be, may pass such order thereof as deemed fit: Provided that every application to the Government for the exercise of the powers under this section shall be filed within sixty days from the date on which the decision or order to which the application relates was communicated to the applicant: Provided further that no such order shall be passed under sub-section (1) without giving a reasonable opportunity of being heard to the parties affected thereto.
2. (2) The Government or the State Marketing Officer, as the case may be, may suspend the execution of the decision taken or order passed by the State Marketing Officer or the Marketing Board, pending the exercise of it's/his powers under sub-section (1).

1. (1) In the course of the inquiry or inspection under section 64 or in the course of the audit under this Act, in case if it is found that any person who is or was entrusted with the management of the Marketing Board or any deceased, past or present Chairman, Vice-Chairman, member, officer incharge of the Marketing Board or any other officer or employee of the Marketing Board or an officer of the 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 the Marketing Board 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 property belonging to the Marketing Board, the State Marketing Officer may, on his own motion or on application, inquire himself or direct any officer subordinate to him duly authorized by him by an order in writing in this behalf to inquire into, the conduct of such persons, within two years of the date of report of audit, inquiry or inspection, as the case may be.
2. (2) If, upon an inquiry made under sub-section (1), the State Marketing Officer is satisfied that there are good grounds for an order under this 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 or any part thereof, with interest at such rate or to pay contribution and costs or compensation to such extent as the State Marketing Officer 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: Provided further that the liability of a legal representative of the deceased shall be limited to the extent of the property of the deceased which is inherited by such legal representative.
3. (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 Government in such appeal shall be final and conclusive.
4. (4) No order passed under sub-section (2) or sub-section (3) shall be called in question in any Court of law.
5. (5) Any order made under sub-section (2) or sub- section (3) shall, on the application of the State Marketing Officer, be enforced by a Civil Court, having jurisdiction in the same manner as if it is a decree of such count and any sum directed to be paid by such order may be recovered as arrears of land revenue.
6. (6) The State Marketing Officer may, if he is satisfied on affidavit, inquiry or otherwise, that any person with intention to delay or obstruct the enforcement of any order passed against him under this section is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property from the State, unless adequate security is furnished, direct the conditional attachment of such property or any part thereof as he thinks necessary and such attachment shall have the same effect as if it is made by a competent Civil Court.

1. (1) The Government may, by notification, add to or omit from or amend any of the items of agricultural produce specified in the Schedule to this Act and thereupon the said Schedule shall be deemed to have been amended accordingly: Provided that no notification shall be issued by Government under this section without giving previous publication in the Official Gazette of not less than forty five days, of its intention to issue such notification.

1. (1) The Government may give directions to the Marketing Board.
2. (2) The Marketing Board shall be bound to comply with the directions issued by the Government under sub-section (1).

Any sum due to the Marketing

Board on account of any charge, costs, expenses, fees, rent or on any other account under the provisions of this Act or any rule or bye-laws made thereunder shall be recoverable in the same manner as arrears of land revenue.

Board to be public servants.— The Chairman, Vice-Chairman, members, Secretary, other officers and servants of the Marketing Board shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

1. (1) The Government may delegate to any of its officer not below the rank of State Marketing Officer any of the powers conferred on it by or under this Act other than the power to make rules under section 81.
2. (2) The State Marketing officer may delegate any of his powers to any officer of the Government not below the rank of Assistant Registrar of Co-operative Societies.

No suit, prosecution or legal proceedings in respect of anything done in good faith or intended to be done in good faith under this Act or rules, or bye-laws made thereunder, shall lie against the State Marketing Officer or officers of the Government or against the Marketing Board or any person acting under and in accordance with the directions of the State Marketing Officer, Government or the Board.

Notwithstanding anything contained in any other law, no suit shall be instituted against the Board, until the expiration of two months from the date of notice in writing stating the cause of action, name and place of abode/office of the intending plaintiff and the relief which he claims has been delivered or left at the office of the Board. Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of the cause of action.

1. (1) It shall be the duty of every local authority to give all the necessary information, in it's posession or under the control of it's officers, to the Marketing Board or its officers authorized in that behalf, relating to the movement of agricultural produce into or out of the area of the local authority free of any charges.
2. (2) It shall also be the duty of every local authority and it's officers and staff concerned to give all the possible assistance to any officer of the Marketing Board in exercise of his powers and discharging his duties under this Act.

No act done or proceeding taken under this Act by the Board shall be invalidated merely on the ground of,

1. (a) any vacancy or defect in the constitution of the Marketing Board;
2. (b) any defect or irregularity in the appointment of the person acting as a member thereof;
3. (c) any defect or irregularity in such act or proceedings, not affecting the substance.