Section 33 in The Punjab Agricultural Produce Markets Act, 1961
33. Power to call information, inspect, enforce attendance and to suspend actions, etc., of Committees.
(1)When the affairs of Committee are investigated or the proceedings of such Committee are examined by the [Chairman or Secretary of the Board] [Vide by Punjab Act 40 of 1963.] or any other officer to whom the powers have been delegated under sub-section (17) of section 3, all officers, servants and members of such Committee shall furnish such information in their possession in regard to the affairs or proceedings of the Committee as the [Chairman or Secretary of the Board] [Vide by Punjab Act 40 of 1963.] or such officer may require.(2)The [Chairman or Secretary of the Board] [Vide by Punjab Act 40 of 1963.] or any officer authorised by him by general or special order shall have power to inspect or cause to be inspected the accounts of a Committee or to institute an enquiry into the affairs of the Committee and require the Committee to do a thing or to desist from doing a thing which he considers necessary in the interest of the Committee and to make a written reply to him within a reasonable time stating its reason for not desisting for doing it or for not doing such a thing.(3)An officer investigating the affairs of a Committee or examining the proceedings of such Committee under sub-section (1) shall have the power to summon and enforce the attendance of officers or members of the Committee and to compel them to give evidence and to produce documents by the same means and as far as possible in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.(4)(i)The [ - ] [Omitted by Punjab Act 40 of 1963.] Board may by order in writing, annul any proceedings of a committee or sub-committee or joint committee or ad hoc Committee which it considers not to be in conformity with law or with the rules or bye-laws made thereunder and may do all things necessary to secure such conformity, or may suspend any resolution which it considers likely to cause injury or annoyance to the public or is likely to affect adversely the interest of the Committee or of producers or dealers or any class of functionaries working in the notified market area concerned.(ii)The [ - ] [Omitted by Punjab Act 40 of 1963.] Board may, by order in writing, suspend the execution of any resolution or order of a Committee or sub-committee, or joint committee or ad hoc Committee, or prohibit the doing of any act which is being done or is about to be done in pursuance of or under cover of this Act or any rule or bye-laws, made thereunder, if in its opinion, the resolution, order or Act is in excess of the powers conferred by law, or is likely to cause injury or annoyance to the public or is likely to affect adversely the interest of the Committee or of producers or of dealers or of any class of functionaries working in the notified market area concerned.(iii)When the [ - ] [Omitted by Punjab Act 40 of 1963.] Board makes an order under this sub-section, he shall forthwith forward a copy thereof, with a statement of reasons for making it and the explanation, if any, of the Committee concerned, to the State Government ; who may thereupon rescind the order or direct that it shall continue in force with or without modification, permanently, or for such period as it thinks fit.(5)The [ - ] [Omitted by Punjab Act 40 of 1963.] Secretary of the Board shall also have the power to suspend or cancel the licences of market functionaries issued under section 13.(6)(i)If any officer or member of a Committee when required to furnish information in regard to the affairs or proceedings of a Committee under sub- section (1).(a)wilfully neglects or refuses to furnish any information.(b)wilfully furnishes a false information :he shall, on conviction, be punishable with fine not exceeding five hundred rupees, or with imprisonment for a term which may extend to six months, or with both.(ii)If any officer, member, or servant of a Committee wilfully neglects or refuses to do any act or wilfully or without any reasonable excuse disobeys a lawful written order issued under the provisions of this Act or fails to furnish information or return lawfully required from him, he shall, on conviction, be punishable with fine not exceeding five hundred rupees, or with imprisonment for a term which may extend to one month, or both.[33A. Power to order production of accounts and powers of entry, inspection and seizure.] [Substituted by Punjab Act 13 of 1979.] - [(1) Any officer empowered by the Board in this behalf may, for the purposes of this Act, require any dealer to produce before him the Accounts and other documents and to furnish any information relating to the stock of agricultural produce or purchase, sale, storage and processing of agricultural produce by such person and also to furnish any other information relating to the payment of fees levied under the Act by such person.] [The powers of the board under Section 33A(1) vide o/o No. 307 of 1982 dated 24.5.1982 have been delegated to Secretary, Punjab State Agricultural Marketing Board, Agricultural Marketing Development Officer, Budget Officer, Marketing Development Budget Officer and Assistant Statisticin, Divisional Marketing Enforcement Officer, Marketing Enforcement Officer and Secretaries of all the Market Committees.](2)All accounts and registers maintained by any dealer and documents relating to the stock of agricultural produce or purchase, sale, storage and processing of such agricultural produce in his possession and the office, establishment, godown or vehicle of such person shall be opened to inspection at all reasonable times by such officer.(3)If such an officer has reason to believe that any person is attempting to evade the payment of fees due from him under section 23 or that any person has purchased any agricultural produce in contravention of any provisions of this Act or the rules or bye-laws in force in any notified market area, he may, for reasons to be recorded in writing seize such accounts, registers or document of such person as may be necessary and shall grant a receipt for the same and shall retain the same only so long as may be necessary for examination thereof or for the prosecution of the person concerned but not in any case exceeding the period of fifteen days.(4)For the purpose of sub-section (2) or sub-section (3), such officer may enter and search any place of business, warehouse, office, establishment, godown or vehicle where he has reason to believe that such person keeps, or is for the time being keeping, any accounts, registers, documents, or stock of agricultural produce relating to his business.(5)The provisions of section 100 of the Code of Criminal Procedure, 1973, shall, so far as may be apply to a search under sub-section (4).(6)Where any books of account or other documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, receipt or payment of money or sale or purchase of goods, such books of account or other documents shall be admitted in evidence without witness having to appear to prove the same, and such entries shall be prima facie evidence of the matters, transactions and accounts purported to be therein recorded.[33B. Power to stop vehicles. - At any time when so required by the Secretary of the Board or any other officer of the Board so authorised by the Secretary, the driver or any other person incharge of any vehicle or other conveyance which is taken or proposed to be taken out of the notified market area shall stop the vehicle or other conveyance as the case may be, keep it stationary as long as may, reasonably be necessary and allow the Secretary of the Board or such officer to examine the contents in the vehicle or other conveyance and inspect all records relating to the agricultural produce carried, and give his name and address and the name and address of the owner of the vehicle or other conveyance and of the owner of the agricultural produce carried in such vehicle or other conveyance.] [the powers of the board under Section 33-B vide o/o No. 76 of 1982 dated 9.2.82 have been delegated to Agricultural Marketing Development Officer, Project Officer, Marketing Development Budget Officer, Assistant Statisticin, Divisional Marketing Enforcement Officer in the State with in their jurisdiction, Secretaries, Market Committees in the state within their jurisdiction.]
