(1) When the affairs of a Committee are investigated or the proceedings of such Committee are examined by 3[the Board 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 proceeding of the Committee as 3[the board or] such officer may require.
(2) 3[the Board 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 to make a written reply to him within a reasonable time stating its reasons for not desisting from doing it or for not doing such a thing.
Power to borrow.
Power to call information, inspect, enforce attendance and to suspend actions, etc., of Committees.
1. The words “Chairman of the” omitted by Punjab Act 40 of 1963.
2. Sub-section (4) added by Haryana Act 46 of 1971.
3. Substituted for the words “ Chairman of the Board” by Punjab Act 40 of 1963 and further Subsituted by of Haryana Act 28 of 1980 and fruther substuted by Haryana Act 38 of 1980.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961
(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 office 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 1[***] Board may, by order in writing, annul any proceeding of a Committee or sub-committee or joint committee or adhoc 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 1[***] Board may, by order in writing, suspend the execution of any resolution or order of a Committee or sub-committee or joint committee or adhoc 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-law 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 1[***] Board makes an order under this sub-section, it shall forthwith forward a copy there of, 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) 2[The Chief Administrator or any other officer authorised by him, in writing, in this behalf], 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
1. The words “Chairman or the” omitted by Punjab Act of 1963.
2. The word “chairman or the” omitted by Punjab Act 40 of 1963 and further Substituted by Haryana Act 38 of 1980.
No. 23 of 1961 The Punjab Agricultural Produce Markets Act, 1961 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 a 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 provision 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 with both.
1[33A (1) Any officer empowered by the Board in this behalf, may for the purpose 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 of purchase, sale storage and processing of agricultural produce by such person and also to furnish any other information relating to the payment of the market fee by such person.
(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 open 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 market fee due from him under section 23 or that any person has purchased any agriculture produce in contravention of any of the provisions of this Act or the rules or bye-laws in force in any market area, he may, for reasons to be recorded in writing, seize such accounts, registers or documents 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 there of or for taking action under the provisions of this Act against the person concerned but not in any case exceeding the period of forty five 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, establishments, 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 Power to order production of accounts and power of entry, inspection and seizure.
1. Inserted by Haryana Act 21 1973.
The Punjab Agricultural Produce Markets [Punjab Act] Act, 1961 Power to stop vehicles.
Duties of Police Officer.
Acquisition of land for the Board and Committees.
Supersession of Committees.
(5) The provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), shall,so far as may be, apply to a search under sub-section (4).”
(6) Where any books of accounts 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 accounts 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. 1[ ]At any time when so required by 2[the Chief Administrator or] the Secretary of the Board or any other officer of the Board so authorised by the Secretary, the driver or any other person in-charge of any vehicle or other conveyance which is taken or proposed to be taken out of the 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 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.
33C. Omitted