Bare ActsThe Punjab Municipal Corporation Act 1976

Section 416

Liability of Councillors

Amendment status not verified — confirm the current text below against the official source.

Liability of Councillors. - (1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a Corpora- tion, if such loss, waste or misapplication is reported by the Examiner, Local Fund Accounts, Punjab to be a direct consequence of his neglect or misconduct in the Punjab Municipal Corporation Act, 1976, Section 409 163 performance of his duties as a councillor; and he may after being given an oppor- tunity, by notice served in the manner provided for the service of summonses in the Code of Civil Procedure, 1908, to show cause by written or oral representation why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such money by the Divisional Commissioner, and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Divi- sional Commissioner shall proceed forthwith to recover the amount as if it were an arrear of land revenue, and have it credited to the Corporation Fund. (2) The person against whom an order under sub-section (1) is made may within thirty days of the date of communication of the order appeal to the Government who shall appoint an officer to hear the appeal; and the appellate authority shall have the power of confirming, modifying or disallowing the surcharge : Provided that no person shall under this section 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 one year from the time of his ceasing to be a councillor: Provided further that nothing in this section shall be deemed to debar the ag- grieved party from seeking a remedy in a Civil Court against an order made under sub-section (1). Section 417

Section 416 – The Punjab Municipal Corporation Act 1976 | DailyLaw.ai