Section 56 in H.P. Agricultural and Horticultural Produce Marketing (Development And Regulation) Act, 2005
56. Liability of Chairman, Vice-Chairman, members and employees for loss, waste or misappropriation etc.
(1)If in the course of enquiry or inspection under section 53 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 case may be, or any deceased, past or present Chairman, Vice-Chairman, member or any other officer or employee of the Board or the 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 to the provisions of this Act, rules or bye-laws made thereunder or has caused any deficiency or loss by gross negligence or misconduct or has misappropriated or fraudulently retained any money or other property belonging to the Board or the Committee, the Managing Director of the Board may, on his own motion or on an application, enquiry himself or direct any officer subordinate to him duly authorized by him by an order in writing in this behalf to enquiry into the conduct of such person.(2)If, on enquiry made under sub-section (1), the Managing Director of the Board is satisfied that there are good grounds for an order under this subsection, 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 the Managing Director of the Board 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 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 appealed against shall be excluded.(4)Any order made under sub-section (2) or sub-section (3) shall, on the application of the Managing Director of the Board 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 be recovered as arrears of land revenue.(5)If the Managing Director of the Board is satisfied on affidavit, enquiry or otherwise that any person with intention to delay or obstruct the enforcement or any order that may be passed against him under this section is about to dispose of the whole or any part of 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 effect as if attachment is made by a competent civil court.
