Liability of Chairman, Vice-Chairman, members and employees for loss, waste or misappropriation, etc.

Liability of Chairman, Vice-Chairman, members and employees for loss, waste or misappropriation, etc. (1) If in the course of an inquiry under section 54 or an inspection made or in the course of an audit made under this Act, it is found that any person who has been entrusted with the management of any Mandi Committee or has been so entrusted or any deceased, former or present Chairman, Vice-Chairman, member, Officer-in-charge, Secretary of the Mandi Committee or any other officer or employee thereof or any officer of the State Government has made or authorised, by giving consent to or participating in any affirmative vote or proceeding relating thereto, any payment or application of any money or other property belonging to such committee or under its control, for any purpose, which is contrary to the provisions of this Act or the rules or byelaws made thereunder, or by gross negligence or misconduct has caused any deficiency or loss, or has misappropriated or fraudulently retained any money or other property of the Mandi Committee, the Managing Director may, of his own motion or on an application received from the Mandi Committee, inquire into the conduct of such person within two years from the date on which report of the audit, inquiry or inspection, as the case may be, was made, or may direct any of his subordinate officers duly authorised by him in this behalf by an order in writing to conduct such inquiry.

(2) If, after an inquiry under sub-section (1), the Managing Director is satisfied that there are good grounds for passing an order under this sub-section, he may, by order, require such person or in case of a deceased person, his legal representative to whom his estate has been inherited, to repay or restore the money or the property or any part thereof with interest at such rate or to pay contribution and costs or compensation to such extent as the Managing Director 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 the legal representative of the deceased shall be limited to the extent of the property of the deceased inherited by such legal representative.

(3) Any person aggrieved by an order passed under sub-section (2) may, within thirty days from the date on which the order was communicated to him, prefer an appeal to the State Government and subject to the order of the State Government, the order of the Managing Director shall be final and conclusive:

Provided that in computing the period of limitation, the time required for obtaining a copy of the order against which appeal is directed shall be excluded.

(4) No order passed under sub-section (2) or sub-section (3) shall be questioned in any court of law.

(5) Any order passed under sub-section (2) or sub-section (3) shall be enforced by any civil court having local jurisdiction on an application of the Managing Director in the same manner as if it were a decree of such court; or any such sum, directed to be paid by such order, shall be recoverable as arrears of land revenue.

(6) If, on the basis of an affidavit, upon inquiry or otherwise, the Managing Director is satisfied that any person, with the intent to delay or obstruct the enforcement of any order that may be passed against him under this section:-

(a) is about to dispose of his whole property or any part thereof; or

(b) is about to remove his whole property or any part thereof from the State, then the Managing Director may, unless adequate security is furnished, direct that the said property or any part thereof as he deems necessary, be attached conditionally and such attachment shall have the same effect as if it had been made by a competent civil court.