Chapter XI CONTROL

1. (1) On his own motion, the Managing Director or any Officer authorized by him, or on direction of State Government or Director, may -
   • (a) inspector cause to be inspected the account and offices of Market Committee;
   • (b) hold enquiry into the affairs of a Market Committee;
   • (c) call from any return, statement, accounts or reports which he may think fit to require such committee to furnish;
   • (d) require a Market Committee to take into consideration-
     • (i) any objection on the ground of illegality or in expediency or impropriety which appears to him to exist to the doing of anything which is about to be done or is being done by or on behalf of such committee; or
     • (ii) any information he is able to furnish and which appears, to him to necessitate the doing of a certain thing by such committee; and
     • (iii) to make written reply to him within a reasonable time stating the reason for doing or not doing such thing.
   • (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 a Market Committee are investigated under this section or the proceedings of any Market Committee are examined by the Managing Director under Section 124, the Chairman, Secretary and all other Officers and servants and Members of such committee shall furnish such information in their possession in regard to the affairs or proceedings of the Market Committee as the Managing Director, or the Officers authorized by him, as the case may be, may require.
3. (3) An officer investigating the affairs of a Market Committee under sub-section (1) or the Director or the State Government examining the proceeding of any Market Committee under Section 125 shall have the power to summon and enforce the attendance of Officers or Members of the Market Committee and to compel him or 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 case of a Civil Court under the Code of Civil Procedure,1973.
4. (4) Where the Managing Director has reason to believe that the books and records of a Market Committee are likely to be tampered with or destroyed or the funds or property of a Market Committee are likely to be misappropriated or misapplied, the Managing Director 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 Market Committee and the Officers of the Market Committee responsible for the custody of such books, records, funds and property shall give delivery thereof to the person so authorized.

1. (1) The Director may remove Chairman in consultation with the State Government and Members of Market Committee in consultation with Chairman where he is of the opinion that the said functioning:
   • (a) has been guilty of misconduct or gross negligence of duty as Chairman or a Member;
   • (b) ceases to hold the qualifications necessary for being a Chairman or Member.
2. (2) No order of removal under sub-section (1) shall be passed unless the person concerned has been given reasonable opportunity of being heard in respect of the allegations against him.
3. (3) The Director may suspend any Chairman or a Member of a Market Committee in the manner and way mutatis mutandis to sub-section (1), who has been served with notice under sub-section (1) or sub-section (2) as the case may be, and against who many complaint has been received or who commits irregularities after the service of such notice, for period from the date of receipt of complaint or the date of noticing of irregularities by the Director till the final decision is taken in his case.

Where the Director, on his own motion or after considering the submission of Managing Director, is of the opinion that a Market Committee has failed in the performance of its functions or discharge of its duties or has exceeded or abused the powers conferred on it by or under this Act, may, on prior consultation with the State Government, by notification in the Gazette, supersede the Market Committee:

Consequence of supersession of Market Committee Upon publication of the notification superseding a Market Committee under Section 119, the following consequences shall ensue :

1. (i) The Chairman and all the Member of the Market Committee shall, as with effect from the date of publication of the notification, be deemed to have vacated their offices.
2. (ii) The State Government or the Director shall direct that the steps be taken for constitution of a new Market Committee under Section 17 and till such time as a new Market Committee under Section 17 is constituted as aforesaid, the Director shall make such arrangements for carrying out the functions of the Market Committee as it may deem fit for the period not exceeding six months and may, for that purpose, direct that all the functions, powers and duties of the Market Committee and its Chairman, under this Act, shall be performed, exercised and discharged by such person or authority as the Director may appoint in this behalf and such person or authority shall be deemed to be the Market Committee or Chairman, as the case may be.

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

Consequence of super session of Board Upon publication of the notification superseding a Board under Section 121, the following consequences shall ensue :

1. (i) The Chairman and all the Members of the Board shall, as with effect from the date of publication of the notification, be deemed to have vacated their offices.
2. (ii) The State Government shall direct that steps be taken for constitution of a new Board under this Act and till such time as a new Board under Section 86 is constituted as aforesaid, the State Government shall make such arrangements for carrying out the functions of the Board as it may deem fit, for the period not exceeding six months and may, for that purpose, direct that all the functions, powers and duties of the Board and its Chairman, under this Act, shall be performed, exercised and discharged by such person or authority as the State Government, may appoint in this behalf and such person or authority shall be deemed to be the Board or Chairman, as the case may be.

1. (1) If it appears to the Director, that it is necessary or expedient in the interest of agricultural marketing to make any Bye-laws or to amend any existing Bye-laws, he may, by order, direct the Market Committee concerned to make Bye-laws or amend existing Bye-laws within such time as he may specify in such order.

1. (1) The Managing Director may, on his own motion, or on report or complaints received, by order, prohibit the execution or further execution of a resolution passed or order made by the Market Committee or its Chairman or any of its Officers or servants, if he is of the opinion that such resolution or order is prejudicial to public interest, or is likely to hinder efficient running of the business in any market yards or sub-market yards or is against the provisions of this Act or Rules or Bye-laws made thereunder.
2. (2) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1) and continuing in force, it shall be the duty of the market committee, if so required by the Managing Director, take such action which the Market Committee would have been entitled to take if the resolution or order had never been made or passed and which is necessary for preventing the Chairman or any of its officers or servants from doing or continuing to do anything under the resolution or order.

1. (1) The Director or Managing Director may, on his own motion, or on an application made to him, call for and examine the proceeding of any Market Committee and the State Government may on its own motion or on an application made to it, call for and examine the proceedings of the Director or Managing Director, 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 Market Committee or the Director or Managing Director, as the case may be. If in any case, it appears to the Director or Managing Director or the State Government that any such decision or order or proceeding so called for should be modified, annulled, reversed, or remitted for reconsideration he or it may pass such order thereon as he or it may deem fit: Provided that every application to the State Government for the exercise of the powers under this section shall be preferred 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 thereby.
2. (2) The State Government, may suspend the execution of the decision taken or order passed by the Market Committee, Director or Managing Director, pending exercise of its powers under sub-section (1).

1. (1) If in the course of enquiry or inspection under Section 117 or in the course of audit under this Act, it is found that any person who is or was entrusted with the management of Market Committee or any deceased, past or present Chairman, Member, Officer-in-charge of Market Committee, or any other officer or employee of Market Committee or an Officer of the State Government has made or directed by assenting or concurring or participating in an 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 of this Act or Rules or Bye-laws made thereunder or has caused any or loss by gross negligence or misconduct or has misappropriated or fraudulently retained any money or other property belonging to the Market Committee, the Director or Managing Director may, on his own motion or on the application of the Market Committee, enquire himself or direct any officer subordinate to him duly authorised by him by an order in writing in this behalf to enquire in to the conduct of such person within two years of the date of report of audit, enquiry or inspection as the case may be.
2. (2) If on enquiry made under sub-section (1), the Director or Managing Director is satisfied that there are good grounds for an order thereunder, 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 compensation to such extent as he 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 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 State Government and the Order of the State government shall be final and binding: Provided that in computing the period of limitation the time required for obtaining a copy of the order appealed against shall be excluded.
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 Director or Managing Director, be-enforced by any Civil Court having local jurisdiction in the same manner as if it were a decree of such court, or any sum directed to be paid by such Order may be recovered as arrears of land revenue.

The State Government may, by notification, add to or amend or delete any of the items of agricultural produce and livestock specified in the Schedule and thereupon the schedule shall be deemed to have been amended accordingly: Provided that no notification shall be issued under this section without publishing in the Gazette previous notice of not less than thirty days as the State Government may consider reasonable of its intention to issue such notification.

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

Any sum due to a Market Committee or the Board on account of any charge, costs, expenses, fees, rent and any other account under the provision of this Act or any Rule or Bye-laws made thereunder shall be recoverable in the same manner as arrears of land revenue.

The Chairman, the Members, Secretary, other Officers and servants of a Market Committee and the Chairman, the Members, the Officers and other servants of the Board shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).

1. (1) The State Government may delegate to the Board or any Officer of the State Government not below the rank of Director, any of the powers conferred on it by or under the Act other than the powers to make Rules under Section 136.
2. (2) The Officer so delegated under this section may sub-delegate any of his powers to any Officer of the State Government not below the rank of Deputy Director in the State.

No suit, prosecution or legal proceedings in respect of anything done in good faith or intended to be done under this Act or Rule or Bye-laws made thereunder, shall lie against the Director or Managing Director or Officer of the State Government or against the Board or any Market Committee or against any officer or servant of the Board or any Market Committee or against any person acting under and in accordance with the directions of the Director or Managing Director, such officer, or such committee.

Notwithstanding anything contained in any section of any Act, no suit shall be instituted against the Board or any Market Committee, until the expiration of two months next after notice in writing stating the cause of action, name and place of abode of the intending plaintiff.

Duty to local Authority to to give information and assistance

1. (1) It shall be the duty of every local Authority to give all the necessary information in the possession of or under the control of its officers to the Market Committee or its officers authorized in that behalf, relating to the movement of notified agricultural produce in to and 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 its officers and staff concerned with the collection of toll, royalty, taxes, etc., to give all the possible assistance to any officer of the Market Committee in exercising his powers and discharging his duties under this Act.

No act done or proceeding taken under this Act by the Board, by a Market Committee or a sub-committee appointed by the Board shall be invalidated merely on the ground of-

1. (a) any vacancy or defect in the constitution of Board or sub-committee; or
2. (b) any defect or irregularity in the appointment of a person acting as a member thereof; or
3. (c) any defect or irregularity in such Act or proceeding, not affecting the substance.