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

(1) If in the course of enquiry or inspection under Section 82 or in the course of audit under this Act, it is found that any person who is or was entrusted with the management of a Market Committee or any deceases, past or present Chairman, Vice- Chairman, Member, Officer-in-charge of Market Committee, Secretary or any other officer or employee of Committee, Secretary 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 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 the provisions of this Act or rules or bye-laws made thereunder or has caused any deficiency or loss by gross negligences or misconduct or has misappropriated or fraudulently retained any money or other property belonging to the Market Committee, the 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 no enquiry into the conduct of such person within two years of the date or reports of audit, enquiry, or inspection, as the case may be, (2) If in an enquiry made under sub-section (1) the Director is satisfied that there are good grounds for an order under this sub-section, he may make an order requiring such person; or in the case of a deceased person his legal representative who inherits his State to repay or restore the money or property and any party thereof, with interest with such rate or to pay contribution and costs or compensation to such extent as the Director may consider just and equitable: Provided that no order under this sub-section shall be made unless the person concerned has been given reasonable opportunity of being heard in the matter: Provided further the liability of a legal representative of the deceased shall be to the extent of the property of deceased which is inherited by such legal representatives. (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 Director and the order of the Director shall he final and conclusive. 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 subsection (3) shall he called in question in any Court of law. (5) Any order made under sub-section (2) or subsection (3) shall on the application of the Director, be enforced by any Civil Court having local jurisdiction in the manner as if it were a decree of such court, or any sum directed to be paid by such order may be recovered as an arrear of land revenue. (6) If the Director is satisfied on affidavit, enquiry or otherwise that any person with intention to delay or obstruct the enforcement of any other that may be passed against him under the Section: (a) is about to dispose of the whole or any part of his property; or (b) 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 attachment of the said property or such part there of as he thinks necessary and such attachment shall have the same effect as it may by a competent Civil Court;