Section 25A in The Orissa Agricultural Produce Markets Rules, 1958
25A. [ Secretary of the Market Committee and his functions and powers. [Inserted by O.G.E. No. 794, Dated 3.8.1996.]
(1)Every Market Committee shall have a Secretary appointed by the Market Committee with the approval of the Board, who shall be the Chief Executive and custodian of all records and properties of the market Committee.(2)He shall perform and discharge the following powers and duties, namely :(i)convene the meeting of the Market Committee under the authority of the Chairman or a special meeting of the Market Committee on a requisition under Rule 87 and maintain minutes of the proceedings thereof;(ii)convene the meeting of the Sub-Committee, if any, of the Market Committee, under the authority of the Chairman of the Sub-Committee;(iii)attend the meetings of the Market Committee and of every Sub-Committee and take part in the discussions but shall not move any resolution or vote at any such meeting;(iv)take action to give effect to the resolutions of the Committee and of the Sub-Committee and report about all action taken in pursuance of such resolutions to the Committee in its immediately following meetings;(v)prepare the budget proposals;(vi)furnish to the Market Committee/Director/Board/Government such returns, statements, estimates, statistics and reports as they may from time to time require, including reports, -(a)regarding the fines and penalties levied, or any disciplinary action taken against the member of the staff and the market functionaries and others;(b)overtrading by traders;(c)contravention of the Act, Rules, Bye-laws or the standing orders, by any person;(d)suspension or cancellation of licences;(e)administration of the Market Committee and regulation of the marketing;(vii)produce before the Committee/Director/Board/Government whenever called for, such documents, books, registers and the like as may be necessary to the transaction of the business of the Committee or the Sub-Committee;(viii)direct the work of all employees of the Market Committee in such a manner as to ensure proper efficient working of the Market Committee and towards that end all such employees shall be subject to his immediate control;(ix)supervise the work of the officers and other employees of the Market Committee and initiate necessary disciplinary action against any of them for their negligences and misconduct, etc. with the prior approval of the Chairman;(x)be responsible for collection of fees and other money leviable by or due to the Market Committee;(xi)be responsible for proper maintenance of accounts for all money received and paid for by and on behalf of the Market Committee;(xii)make disbursement of all money lawfully payable by the Market Committee :Provided that if individual disbursement exceeds Rs. 500.00 (Rupees five hundred), it shall be passed by the Chairman.(xiii)report to the Chairman/Director/Board as soon as possible in respect of fraud, embezzlement, theft or loss of Market,Committee funds or property;(xiv)sanction of casual leave to all officers and servants of Market Committee and also earned leave with the approval of the Chairman;(xv)advise the Committee and its Chairman in the light of the provisions of the Act, Rules and Bye-laws and the previous decisions or direction of the Committee/Director/Board;(xvi)supervise all construction and repair works in the market-yard in addition to the technical supervision by the Engineering staff, if any;(xvii)forward to the Director/Board or any other persons authorised in his behalf copies of the proceedings of all meetings of the Market Committee and Sub-Committee duly attested by him and furnish the same, when called for by the State Government under Sec. 25 of the Act;(xviii)make correspondence with the Government or the Board or the Directorate as and when necessary;(xix)maintain a monthly diary of inspections and records of seizure of Books of accounts and unauthorised agricultural produces, detention of vehicles, assessment of market fees and all other important occurrences and send copies of the same to the Director, Board and any other Officer authorised in this behalf by the Director or the Board, and to the Government as and when called for by it; and(xx)make an annual assessment of the work of the employees of the Market Committee and submit the same to the Chairman.(3)On receipt of a complaint either written or oral, regarding any matter concerning sale and purchase of Agricultural Produces in the market yards, the Secretary shall conduct an enquiry and shall make a report of the same to the Chairman for taking such action as he may think necessary in accordance with the provision of the Act, Rules and Bye-laws. It shall also be the duty of the Secretary to check if proper payment to sellers in the market-yard is being made and that no irregularities in making weighment of Agricultural Produces are being committed.(4)If any decision of the Committee or the direction of the Chairman or Vice-Chairman is apparently contrary to the Act, Rules or Bye-laws, the Secretary shall apprise the Government, Board and the Director of such apparent violation, before giving effect to the same and carry out the decision of the Government or such other person authorised by if in that behalf thereon.(5)The decision of the Government under Sub-rule (4) shall be final and deemed to be a decision of the Market Committee.] [Substituted by O.G.E. No. 794, Dated 3.8.1996.]
