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Section 69: Surcharge

The Himachal Pradesh Cooperative Societies Act, 1968State Act of Himachal Pradesh · Act 3 of 1969

(1) If in the course of an audit, inquiry, inspection or the winding up of a co-operative society, it is found that any person who is or was entrusted with the organisation or management of such society, or who is or has at any time been an officer or an employee of the society, has made any payment contrary to the provisions of this Act, the rules or the bye-laws or has caused any deficiency in the assets of the society by breach of trust, or wilful negligence or has misappropriated or fraudulently retained any money or other property belonging to the society, the Registrar may, of his own motion or on the application of the committee, liquidator, or any creditor, inquire himself or direct any person authorised by him, by an order in writing in this behalf, to inquire into the conduct of such person :

THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT, 1968 39 1 [Provided that no such inquiry shall be held after the expiry of six years from the date on which any act of commission or omission referred to in this sub-section comes to knowledge.]

(2) Where an inquiry is made under sub-section (1), the Registrar may, after giving the person concerned an opportunity of being heard, make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate, or to pay contribution and cost or compensation to such extent, as the Registrar may consider just and equitable.

(3) This section shall apply notwithstanding that the act is one for which the offender may be criminally responsible.

70. Access to documents-The Registrar and, subject to any restriction prescribed, an auditor, arbitrator, or any person conducting supervision or inspection or audit or inquiry shall at all reasonable times have free access to the books, accounts, documents, securities, cash and other properties, belonging to or in the custody of a society.

Where this provision sits

ActThe Himachal Pradesh Cooperative Societies Act, 1968
Section69
Marginal noteSurcharge
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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