Liability of Chairperson, Vice Chairperson, Members and Employees

for loss, waste or misappropriation etc.

1. (1) If in the course of enquiry or inspection under Section 126 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 Chairperson. Vice-Chairperson, Member. Officer-in-charge of Market Committee, or any other officer or employee of Market Committee or an Officer of the Government/Administration has made or directed by accenting or concurring or participatingin any 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 The Nagaland Gazette, Part- V 15, May, 2020 deficiency or loss by gross negligence or misconduct. or has misappropriated or fraudulently retained any money or other properly belonging to the Market Committee. the 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 into the conduct of such person within two years of the date of report of audit, enquiry or inspections the case may be. (2) If on enquiry made under sub-section (1), the Managing Director is satisfied that there arc 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 tile order to him, appeal to the Government/Administration and the Order of the latter 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 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 he recovered as arrears of land revenue. (6) If the Managing Director is satisfied on affidavit, inquiry or otherwise, that any person with intention to delay or obstruct the enforcement or any order that may he passed against him under this section is about to dispose of the whole or any part of his propert> or is about to remove the whole or any part of his property from the State. he may. unless adequate security is furnished, direct, the conditional attachments of the said property or such part thereof as he thinks necessary and such attachment shall have the same effect as it may by a competent Civil Court,