Section 82 in The Jammu and Kashmir State Agricultural Produce Marketing (Regulation) Act, 1997
82. Liability of Chairman, members and employees for loans waste or misappropriation etc.
(1)If in the course of inquiry or inspection under section 74 or in the course of audit under this Act, it is found that any person who is or was entrusted with the management of a market committee or any deceased, past or present Chairman, Members, Officer-in-charge of market committee, Secretary or any other officer or employee of market committee or an officer of the Government had made or directed by assenting or concurring or participating in any affirmative vote or proceeding related there to, 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 provision or this Act or 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 market committee, the Director may, on his own motion or on the application of the market committee, enquire himself or direct any officer subordinate to him duly authorised by him by an order in writing in this in his behalf to enquire into the conduct of such person within two years from the date of report of audit enquiry or inspection, as the case may be.(2)If in an enquiry made under sub-section (1) the Directors 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 inherit 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 Director 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 30 days from the de of communication of the order to him, appeal to the Director and the order of the Director 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)No order passed under sub-section (2) or sub-section (3) shall be called in question in any court of law.(5)Any order made under sub-section (2) or sub-section (3) shall, on the application of the Director be enforced by any Civil Court having local jurisdiction in the same manner as if it were a decree of such court or sum directed to be paid by such order may be recovered as an arrear of land revenue.(6)If the Director 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 :-(a)is about to dispase of the whole or any part of his property;(b)is about to remove the whole or any part of his property from the State;he may, unless adequate security is furnished, direct the conditions attachment of the said property or such part thereof as he thinks necessary and such attachment shall have the same effect as it may be by a competent Civil Court.
