(1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a Committee, if such loss, waste or misapplication is proved to the satisfaction of the Board to be the direct consequence of his neglect or misconduct in the performance of duties as a member or an employee of the Committee 3[or an official managing the affairs of the Committee] and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such.
Liability of member of Committees or the Bord.
1. Inst. by H.A. 2 of 1989.
2. Added by Punjab Act 23 of 1962.
3. Inserted by Haryana Act 21 of 1973.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 loss by the Board and if the amount is not paid within one month from the expiry of the period of appeal prescribed by the sub-section (3) it shall be recoverable as the arrears of land revenue :
Provided that no such person shall be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of two years from the time of his ceasing to be a member or an employee 1[or official] whichever expires first.
(2) every person shall be liable for the loss, waste or misapplication of any money or other property belonging to the Board, if such loss, waste or misapplication is proved to the satisfaction of the State Government to be the direct consequence of his neglect or misconduct in the performance of duties as a member or an employee of the Board, and he may, after being given an opportunity by a written notice to show cause why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such loss by the state Government and if the amount is not paid within one month from the expiry of the period of appeal prescribed by sub-section (3) it shall be recoverable as arrears of land revenue :
Provided that no such person shall be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of two years from the time of his ceasing to be a member or an employee, whichever expires first.
(3) The person against whom an order under sub-section (1) or subsection (2) is made may, within one month of the service of such order, appeal to the State Government which shall have the power of confirming, modifying or disallowing the surcharge.
30. No trade allowance, other than an allowance permitted by rules or bye-laws made under this Act, shall be made or received in a notified market area by any person in any transaction in respect of the agricultural produce concerned and no Civil Court shall, in any suit or proceeding arising out of any such transaction, recognise any trade allowance not so permitted ;
Provided that all market charges shall be paid by the buyer.
31. Omitted No Trade Allowance permissible except as prescribed.
Bar of suit in absence of notice.
1. Inserted by Hr. Act 21 of 1973.
The Punjab Agricultural Produce Markets [Punjab Act] 9 Act, 1961 at his office or usual place of abode, and the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit shall be dismissed unless it is instituted within six months from the date of the accrual of cause of action.