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Section 26: Surcharge

The Karnataka Societies Registration Act, 1960.State Act of Karnataka · Act 17 of 1960

(1) Where, in the course of an enquiry under section 25, it appeals that any person who had taken part in the establishment or management of the society or any past or present president, secretary, member of the governing body or officer or any member of the staff of the society has misapplied or retained or become liable or accountable for any money or property of the society, or has been guilty of misfeasance or breach of trust in relation to the society, the Registrar may, on a report received from the officer or on an application received from the governing body of the society or of his own motion, examine into the conduct of such person and after giving reasonable opportunity to the person concerned to submit his explanation, make an order requiring him to repay or restore the money or property or any part thereof, respectively with interest at such rate as the Registrar thinks just or to contribute such sum to the assets of the society by way of compensation in regard to the misapplication, retainer, misfeasance or breach of trust as the Registrar thinks just.

(2) The order of the Registrar under sub-section (1) shall be final unless it is set aside by the 1[Karnataka Appellate Tribunal]1 on an appeal filed before it within sixty days from the date of communication of the order. Every such appeal shall be accompanied by a fee of ten rupees.

1. Subsituted by Act 7 of 1978 w.e.f. 29.9.1977.

(3) Any sum ordered under this section to be repaid to a society or recovered as a contribution to its assets may on a requisition being made in this behalf by the Registrar, be recovered by the Deputy Commissioner, in the same manner as arrears of land revenue.

(4) This section shall apply notwithstanding such person may have incurred criminal liability by his act.

Where this provision sits

ActThe Karnataka Societies Registration Act, 1960.
Section26
Marginal noteSurcharge
JurisdictionState of Karnataka
StatusIn force as published by the source

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