Powers and duties of Secretary

(1) Subject to the rules made under this Act in this behalf, any person aggrieved by an order passed by a Committee under section 27 may, within thirty days from such order, prefer an appeal to the Managing Director in such manner, as may be prescribed, and the Managing Director shall decide it after giving an opportunity of hearing both to the appellant and to the Committee. (2) The Managing Director may admit the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented from presenting the appeal within the prescribed period due to reasonable grounds. (3) The Managing Director shall hear the appeal after following such procedure, as may be prescribed and may confirm, modify or set aside the order appealed against. (4) The Managing Director, on application of the appellant in this behalf may stay the operation of the order against which appeal has been filed and stay the recovery of Market fees or the fine, imposed after obtaining adequate security from the appellant. (5) The order of the Managing Director passed in appeal shall be final and shall not be called in question in any court. (2) Without prejudice to the generality of the forgoing provisions, but subject to the provisions of this Act and the rules and bye-laws made thereunder, the Secretary shall- (a) exercise all powers of superintendence and control over- (i) all Officers and servants of the Committee so as to ensure proper and efficient discharge of the duties, assigned to them by or under this Act, and (ii) all affairs of the Committee; (b) report cases of neglect, misconduct or dereliction of duty by an employee of the Committee to the Appointing Authority for necessary action, and where so empowered, take disciplinary action against any of the employees of the Committee; (c) ensure proper execution of all orders, issued by the Board, Managing Director or the Chairman of the Committee; (d) ensure proper maintenance of- (i) accounts of all moneys received and of all moneys spent for and on behalf of the Committee; (ii) records of disputes coming up for decision under this Act or the rules or bye-laws framed thereunder; (iii) record of the disputes, settled by him in such form, as may be prescribed; and, (iv) all licenses under this Act shall be issued under his signatures; (e) convene the meetings of the Market Committee, if necessary, and maintain minutes of the proceedings thereof, (f) attend all meetings of the Market Committee and take part in the discussions, but shall not move any resolution or vote at any such meeting; (g) prepare the budget proposals; (h) furnish to the Market Committee such Returns, Statements, Estimates, Statistics and Reports as the Market Committee may, from time to time, require, which includes reports- (a) regarding the fines and penalties, levied on and any disciplinary action taken against the members of the staff and the Market functionaries and others; (b) regarding contravention of the provision of Act or the rules or the bye-laws made thereunder; (i) produce before the Committee such Documents, Books, Registers and the likes, as may be necessary; (j) collect fees and other money leviable by or due to the Market Committee; (k) make disbursements of all moneys, lawfully payable by the Market Committee, a per rules; (l) prosecutions to be launched, file civil suits and defend those filed against the Committee and represent the Committee in all such proceedings, on behalf of the Committee; (m) exercise supervision and control over all officers and servants of the Committee; (n) report to the Managing Director, as soon as possible, in respect of fraud, embezzlement, theft or loss of Market Committee fund or property.