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Section 413: Liability of Councillors.

The Jammu and Kashmir Municipal Corporation Act, 2000Union territory Act of Jammu and Kashmir · Act 21 of 2000

(1) Every Councillor shall be liable for the loss, waste or misapplication of any money or other property belonging to the Corporation, if such loss, waste or misapplication is reported either by the Audit Agency or otherwise comes to the notice of the Corporation to be direct consequence of his neglect or misconduct in the performance of his duties as a Councillor ; and he may after being given an opportunity, by notice served in the manner provided for the service of summons in [the Code of Civil Procedure, 1908 (5 of 1908)] to show cause by written or oral representation why he should not be required to make good the loss, 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 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 by the Director may within thirty days of the date of communication of the order make an appeal to the Government :

Provided that no person shall under this section be called upon to show cause after the expiry of a period of five years from the occurrence of such loss, waste or misapplication or after the expiry of two years from the time of his ceasing to be a Councillor.

Where this provision sits

ActThe Jammu and Kashmir Municipal Corporation Act, 2000
Section413
Marginal noteLiability of Councillors.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted for “the Code of Civil Procedure, Samvat 1977” by S.O. 3466 (E) of 2020 dated 05.10.2020.

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