CHAPTER X

 Control 

54. Inspection of markets and inquiry into affairs of market committee.- (1) The Managing Director may-- 

(a)        inspect or cause to be inspected the accounts and offices of the market committee; 

            (b)        hold inquiry into the affairs  of a market committee; 

©         call for from a market committee return, statement, accounts or reports which he may think fit to require such committee to furnish; 

            (d)        require a market committee to take into consideration-- 

(i)         any objection on the ground of illegality, inexpediency or  impropriety  which  appears to him to exist  to the doing of anything which is about to be done or is being done by or on behalf of such committee; or  

(ii)        any information he is able to furnish and which appears to him to necessitate the doing of a certain thing by such committee . 

(e)        direct that anything which is about to be done or is being done should not be done, pending consideration of the reply ,and anything which should be done but is not being done should be done   within such time as  he may direct. 

(2)  When the affairs of a market committee are investigated under this section or the proceeding of any market committee are examined by the State Government under section 59, the Chairman, Vice-Chairman, Secretary and all other officers, and servants and members of such committee shall furnish such information in their  possession in regard to the affairs or proceeding of the market committee as the State Government , the Managing Director , or the officer authorised, as the case may be, may require.  

(3)        An officer investigating the affairs of a market committee under sub-section (1) or the State Government examining the proceeding of any market committee                                      

under section 59 shall have the power  to summon and enforce the attendance of officers or members of the market 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 by the Code of Civil Ptrocedure,1908 ( No. 5 of 1908). 

(4)  Where the Managing Director has reason to believe that the books and records of a market committee are likely to be tampered with or destroyed or the funds or property of a market committee are likely be misappropriated  or misapplied  , the Managing Director may issue orders directing a person duly authorized by him in writing to seize and take possession of such books and records, funds and property of the market committee and the officer or officers of the market committee responsible for the custody of such books, records, funds and property, shall give delivery thereof to the person so  authorised. 

55. Removal of member, Chairman and Vice-Chairman  of market committee.- [1][(1)  The Managing Director  may on his own motion or on a resolution passed by a majority of two-third of the members constituting the market committee for the time being remove any member of the market committee for misconduct or neglect of or incapacity to perform his duty  and on such removal he shall not be re-elected or re-nominated as a member of the market committee for a period  of six years from the date of such removal: 

            Provided that no order of such removal shall be passed unless such member has been given a reasonable opportunity of showing cause why such order should not be passed.] 

(2)  The Managing Director may remove any Chairman or Vice-Chairman of a market committee from his office, for misconduct, or neglect of or incapacity to perform his duty or for being persistently remiss in the discharge of his duties and on such removal the Chairman or Vice-Chairman ,as the case may be , shall not be eligible for re-election as Chairman or Vice-Chairman during the remainder of this term of office as member of market committee: 

            Provided that no order of removal shall be passed unless the Chairman or Vice-Chairman , as the case may be, has been given a reasonable opportunity of showing cause why such order should not be passed. 

[2][{3} The State Government may suspend any member or Chairman or Vice-Chairman  of a market committee, who has been served with the notice under sub-section (1) or sub-section (2) as the case may be, and against whom any complaints have been received or who commits irregularities after the service of such notice , for period from the date of receipt of complaint   or the date of noticing of irregularities by the Managing Director till the final decision  is taken in his case.]


 

[1] Subs. by M.P. 18 of 1979[7.6.79], for the following:-

"(1) The State Government may on its own motion or on a resolution passed by a majority of two-third of the members constituting the market committee for the time being remove any member of the market committee for misconduct or neglect of or incapacity to perform his duty and on such removal he shall not be re-elected or re-nominated as member of the market committee for a period of six years from the date of such removal:

 

       Provided that no order of such removal shall be passed unless such member has been given a reasonable opportunity showing cause why such order should not be passed."

[2] Added by M.P. 24 of 1986[21.7.86]


47