Vidhi Codex

section 43

Liability of member or employee of committee or the Board

The Himachal Pradesh Agricultural Produce Markets Act, 1969
General196945 sections
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Statutory text
  1. (1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to committee, if such loss, waste or misapplication is proved, to the satisfaction of the Board, to be the direct consequence of his neglect or misconduct in the performance of duties as a Chairman, Vice-Chairman, member or an employee of the committee and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such loss by the Board, and if the amount is not paid within one month from the expiry of the period of appeal prescribed by sub-section
  2. (3) shall be recoverable as arrears of land revenue: Provided that no such person shall be called upon to show cause after the expiry of a period of one year from the occurrence of such loss, waste or misapplication or after the expiry of one year from the time of his ceasing to be a member or an employee.
  3. (2) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to the Board, if such loss, waste or misapplication is proved to the satisfaction of the State Government to be direct consequence of his neglect or misconduct in the performance of duties as a member or an employee of the Board, and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such loss by the State Government and if the amount is not paid within one month from the expiry of the period of appeal prescribed by sub-section (3), it shall be recoverable as arrears of land revenue: Provided that no such person shall be called upon to show cause after the expiry of a period of one year from the occurrence of such loss, waste or mis-application or after the expiry of one year from the time of his ceasing to be a member or an employee.
  4. (3) The person against whom an order under sub-section
  5. (1) or sub-section
  6. (2) is made may, within one month of the service of such order, appeal to the State Government which shall have the power of confirming, modifying or disallowing the surcharge.

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