section 33
Power to call information, inspect, enforce attendance and to suspend actions, etc., of Committees
The Haryana Agricultural Produce Markets Act, 1961(1) When the affairs of a Committee are investigated or the proceedings of such Committee are examined by the Board or any other officer to whom the powers have been delegated under sub-section (17) of section 3, all officers, servants and members of such Committee shall furnish such information in their possession in regard to the affairs or proceeding of the Committee as the board or such officer may require.
(2) The Board or any officer authorised by him by general or special order shall have power to inspect or cause to be inspected the accounts of a Committee or to institute an enquiry into the affairs of the Committee and to make a written reply to him within a reasonable time stating its reasons for not desisting from doing it or for not doing such a thing. (3) An officer investigating the affairs of a Committee or examining the proceedings of such Committee under sub-section (1) shall have the power to summon and enforce the attendance of office and 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, 1908.
(4) (i) The Board may, by order in writing, annul any proceeding of a Committee or sub-committee or joint committee or adhoc Committee which it considers not to be in conformity with law or with the rules or bye-laws made thereunder and may do all things necessary to secure such conformity, or may suspend any resolution which it considers likely to cause injury or annoyance to the public or is likely to affect adversely the interest of the Committee or of producers or dealers or any class of functionaries working in the notified market area concerned.
(ii) The Board may, by order in writing, suspend the execution of any resolution or order of a Committee or sub-committee or joint committee or adhoc Committee, or prohibit the doing of any act which is being done or is about to be done in pursuance of or under cover of this Act or any rule or bye-law made thereunder, if in its opinion, the resolution, order or Act is in excess of the powers conferred by law, or is likely to cause injury or annoyance to the public or is likely to affect adversely the interest of the Committee or of producers or of dealers or of any class of functionaries working in the notified market area concerned.
(iii) When the Board makes an order under this sub-section, it shall forthwith forward a copy there of, with a statement of reasons for making it and the explanation, if any, of the Committee concerned to the State Government, who may thereupon rescind the order or direct that it shall continue in force with or without modification, permanently, or for such period as it thinks fit.
(5) The Chief Administrator or any other officer authorised by him, in writing, in this behalf, shall also have the power to suspend or cancel the licences of market functionaries issued under section 13.
(6)(i) If any officer or member of a Committee when required to furnish information in regard to the affairs or proceedings of a committee under sub-section (1)
(a) Wilfully neglects or refuses to furnish any information;
(b) Wilfully furnishes a false information’
he shall, on conviction, be punishable with fine not exceeding Rs. 500, or with imprisonment for a term which may extend to six months or with both.
(ii) If any officer, member or a servant of a Committee wilfully neglects or refuses to do any act or wilfully or without any reasonable excuse disobeys a lawful written order issued under the provision of this Act or fails to furnish information or return lawfully required from him, he shall on conviction, be punishable with fine not exceeding Rs. 500, or with imprisonment for a term which may extend to one month, or with both.
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