Section 53 in Arunachal Pradesh (Horticultural Produce, Marketing and Processing) Board Act, 2014
53. Liability of Chairman, Members and employees for loss, wastes or misappropriation etc.
(1)If 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 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 Secretary of the Board may, on his own motion or on an application, inquire himself or direct any officer subordinate to him duly authorized by him by an order in writing in this behalf to inquire 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 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 compensation to such extend 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 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.(4)Any order made under sub-section (2) or sub-section (3) shall, be enforced in a manner as if it were a decree of civil court having local jurisdiction and any sum directed to be paid by such order may be recovered as arrears of land revenue.(5)If the Secretary of the Board is satisfied on affidavit, enquiry or otherwise that any person with intention to delay or obstruct the enforcement of 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 an order a competent civil court.
