Section 58 in The M.P. Krishi Upaj Mandi Adhiniyam, 1972
58. Liability of Chairman, Vice-Chairman, Members and employees for loss, waste or mis-application etc.
(1)If, in the course of inquiry or inspection under Section 54 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, Vice-Chairman, Member, Officer-in-Charge of Market Committee, Secretary or any other officer or employee, of Market Committee or an officer of the State Government] [Substituted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).] 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 or rule 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 [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] 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 behalf to enquire into the conduct of such person [within two years of the date of report of audit, enquiry or inspection, as the case may be.] [Substituted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).](2)If on enquiry made under sub-section (1) the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] 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 inherits his estate, to repay or restore the money or property and any part thereof, with interest at such rate, or to pay contribution to such extent as the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] 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 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] [Substituted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).] appeal to the State Government and subject to the order of the State Government the order of the [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).] 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.] [Inserted by in P. Act No. 18 of 1979 (w.e.f. 7-6-1979).](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 [Managing Director] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).], 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 an arrear of land revenue.(6)[ If the [Managing Director] [Inserted by in .P. Act No. 18 of 1979 (w.e.f. 7-6-1979).] is satisfied on an affidavit, enquiry or otherwise that any person with intent to delay or obstruct the enforcement of any order that may be passed against him under this section,-(a)is about to dispose of the whole or any part of his property; or(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 conditional attachment of the said property or such part thereof as he thinks necessary and such attachment shall have the same effect as is made by a competent Civil Court.]
