Liability of Chairman, Members and Employees for loss, waste or misappropriation etc

The Meghalaya State Agricultural Produce and Livestock Marketing (Promotion and Facilitation) (Amendment) Act, 2022

General2022140 sections12 chapters

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Chapter XI CONTROL

Statutory text

(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) 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) 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) No order passed under sub-section (2) or sub-section (3) shall be called in question in any court of Law.
(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.

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