Bare ActsThe ARUNACHAL PRADESH (HORTICULTURAL PRODUCE, MARKETING AND PROCESSING) BOARD ACT, 2014

Section 53

Amendment status not verified — confirm the current text below against the official source.

(1) lf in the course of enquiry of inspection under section 50 or in the course of audit under this Act, it is found that any person who is or was entrusted with the management of the Board or the committee, as the member or any other officer or employee ol the Board or the committee or an officer ol 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 to the 103 provisions ol this Act, rules or bye-laws made thereunder or has caused any deficiency or loss by gross neOligence or misconduct or has misappropriated or fraudulently retained any money or olher property belonging to the Board or the committee, the Secretary of the Board may, on his own motion or on an application, enquire himself or direct any officer subordinate to him duly authorized by him by an order in writing in this behalf to enquire into the conduct of such person. (2) lt on enquiry made under sub-section (1), the Managing Director of the Board is satisfied that there are good grounds for an order underlhis sub- section, 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 compensalion to such extend as the Managing Director ot the Board may consider just and equitable. Provided that no order underthis 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 extend 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 conclusive : Provided that in computing the period of limitation the time required for obtaining a copy of the order of appealed against shall be excluded. Members, Oflicers and Officials of the Board and Committee to be public servants. Prohibition of 55 trade Allowances. Power to order 56 production of accounts, entry, inspection and seizure. 104 14) Any order made under sub-section (2) or sub- section (3) shall, be entorced in a manner as if it were a decree of civilcourt having localjurisdiction and any sum directed to be paid by such order may be recovered as arrears of land revenue. (5) lf the Secretary of the Board is satisfied on alfidavit, enquiry or otherwise that any person with intention to delay orobstruct the enforcement of any order that may be passed against him under this section is about to dispose of the whole or any part ot his property, 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 elfect as an order a competent civil court.

Section 53 – The ARUNACHAL PRADESH (HORTICULTURAL PRODUCE, MARKETING AND PROCESSING) BOARD ACT, 2014 | DailyLaw.ai