(1) Any person aggrieved by any order of surcharge or charge made by the Commissioner under sub-section (1) of section 10 may, within one month from the receipt by him of the decision of the Commissioner, either-
(a) apply to the District Court to set aside such order; and the Court, after taking such evidence as it thinks necessary, may confirm, modify or remit such surcharge or charge and make such order as to costs as it thinks proper in the circumstances; or
(b) in lieu of such application apply to the State Government which shall pass such orders thereon as it thinks fit.
(2) Pending disposal of the application all proceedings on the certificate shall be stayed if the person aggrieved makes out a prima facie case for a stay order.
Commissioner to surcharge or charge illegal payment or loss caused by cross negligence or misconduct.
Recovery of surcharges and charges how made.
Application against order of surcharge or charge 1963 : Guj. XLIX] Gujarat Local Fund Audit Act, 1963 7 of 7
13. All expenses incurred by a local authority in complying with any requisition of an auditor under sub-section (1) of section 5 shall be payable out of its local fund.