Amendment status not verified — confirm the current text below against the official source.
Surcharge.- (1) Where in the course of an audit under section 74 or an inquiry under section 75 or an inspection under section 76 or section 77 or the winding up of a society, it appears that any person, who is or was entrusted with the organisation or management of the society or any past or present officer or servant of the society has misappropriated or fraudulently retained any money or other property or been guilty of breach of trust in relation to the society or has caused any deficiency in the assets of the society by breach of trust or willful negligence or has made any payment which is not in accordance with this Act, the rules or the by-laws, the Registrar himself or any person specially authorised by him in this behalf, of his own motion or on the application of the committee, liquidator or any creditor or contributory, may inquire into the conduct of such person or officer or servant and make an order requiring him to repay or to restore the money or property or any part thereof with interest at such rate as the Registrar or the person authorised as aforesaid thinks just or to contribute such sum to the assets of the society by way of compensation in respect of misappropriation, misapplication of funds, fraudulent retainer, breach of trust or willful negligence or payments which are not in accordance with this Act, the rules or by-laws as the Registrar or the person authorised as aforesaid thinks just: Provided that no such inquiry shall be held after the expiry of six years from the date of any act or omission referred to in this sub-section: Provided further that no order shall be passed against any person referred to in this sub-section unless the person concerned has been given an opportunity of making his representations. (2) Any sum ordered under this section to be repaid to a registered society or recovered as a contribution to its assets may be recovered in the same manner as arrears of land revenue. (3) This section shall apply notwithstanding that such person or officer or servant may have incurred criminal liability by his act.