Amendment status not verified — confirm the current text below against the official source.
(1) Where, as the result of an audit under section 79 or an inspection under section 82 or section 83, or an inquiry under section 84 or a report made in the course of the winding up of a co-operative society, it appears to the Registrar that any past or present officer, has at any time after the commencement of this Act and within a period of six years prior to the date of such audit, inspection, inquiry or report, as the case may be— (a) intentionally made or authorised any payment which is contrary to the provisions of this Act or the rules or by-laws, or (b) by reason of his culpable negligence in respect of any prescribed matter involved the society in any loss or deficiency, or (c) failed to bring into account any sum which ought to have been brought into account, or (d) misappropriated or fraudulently retained any property of the society, the Registrar may inquire into the conduct of such officer. (2) Upon such inquiry, after giving such officer an opportunity of being heard and, in the case of a payment made contrary to the provisions of this Act or the rules or by-laws, after affording such officer an opportunity to recover the amount of such payment from the payee and credit it to the funds of the society, the Registrar may, subject to the rules, by an order in writing require such officer to pay such sum 230 The West Bengal Co-operative Societies Act, 1973. XXXVIII of 1973.] (Chapter X111.—Enforcement of obligations and sums due.— Sections 128, 129.) to the assets of the society by way of compensation in respect of such payment or loss or sum, or to restore such property as the Registrar thinks fit, and to pay such sums as the Registrar may fix to meet the cost of the proceedings under this section. (3) This section shall apply notwithstanding that such officer may by his act or omission have incurred criminal liability under this Act or any other law for the time being in force.