CFIAiTER—X : PENALTIES

Penalty for contravention of Act, Rules and Bye- laws. Any person who contravenes any provision of this Act. or of any Rule or Bye-laws or order issued thereunder shall be punishable with simple imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both: Provided that in the case of a continuing contravention of the provisions of Section 70, he shall be liable to be punished with a further fine which may extend to two hundred rupees for every day during which the contravention is continued after the first conviction. 124. Recovery of market dues. Whenever any person is convicted oi'any offence punishable under this Act. the Magistrate shall in addition to any fine which may be imposed. recover summarily and pay over to the Market Committee the amount of fees.or any other amount due from him wider this Act or Rules or Bye-laws made thereunder and may, in his discretion, also recover and pay over to the Market committee costs of the Prosecution. 125, Cognizance of offences. No court shall take cognizance of any offence punishable under this Act or any Rule or any Bye-laws made thereunder except on the complaint made by the Managing Director or Oflicer authorized in this behalf or by the Chairperson. Vice-Chairperson. Secretary of thc.Markt Committee or any person duly authorized by the Market Committee in this behalf.

15, May, 2020

The Nagaland Gazette, Part- V

CHA1'FER-Xi : CONTROL 126 Inspection inquiry, submission of statements etc.

1. (1) On his own motion, the MD or any Officer authorized by bixu or on direction of Government, may -
   • (a) inspect or cause to be inspected the account and offices of Market Committee;
   • (h) 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 inexpediency 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 MD under Section 133. the Chairperson, Vice-Chairperson, 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)An officer investigating the affairs of a Market Committee under sub-section (1) or the Government examining the proceeding of any Market Committee under Section 134 shall have the power to summon and enforce the attendance of Officer(s) or Member(s) of the Market Committee and to compel himfthem 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 theCode of Civil Procedure. 1973.
3. (4) Where the MD has reason to believe that the books and records ola 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 MD 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 Officer (s) of the Market Committee responsible for the custody of such hooks. records, funds and property shall give delivery thereof to the person so authorized. The Nagaland Gazette, Part-V 15, May, 2020