Section 95 in Mizoram Cooperative Societies Act, 2006
95. Initiation of surcharge proceedings against delinquent officers or members by Registrar.
(1)Where the Registrar is satisfied either on the basis 01 as a result of audit report made under section 85 or an inquiry report made under Section 91 or an inspection report made under Section 92 or winding up of under section 110, that any person who has been entrusted with or taken part in the organisation or management of a co-operative or who is or has at any time been an officer or employee of a , has made payment contrary to the provisions of this Act, rules or bye-laws or caused by loss, damage to or deficiency in the assets of by breach of trust or willful negligence or has misappropriated or fraudulently retained any money or other property belonging to the co-operative, the Registrar may on his own motion or on the application made by management committee, auditor, liquidator, or any creditor. may frame charges against such persons and inquired by himself, or direct any authorized person in writing, to inquire into the conduct of such persons and after providing a reasonable opportunity to reply or answer the charges framed to the concerned persons may make an order directing him or them to repay or return the money or restore property with interest as determined by Registrar or t pay compensation with regard to the misappropriation, misapplication, retention, misfeasance or breach of trust as the Registrar may determine.(2)The persons or such persons or concerned person referred under sub-section (l), shall not only include present members or officers or employees or board members, etc. but also include past or deceased, legal heirs or representatives, members or employees or board members respectively.(3)The act of framing charges, conduct and completion of proceedings referred under sub-section (1) shall be completed within three years from the date of submission of reports of audit, inquiry, inspection or date of the order of wind in up of co-operative.(4)The Registrar or persons authorized by him in this regard may also provide for the payment of total cost or part thereof and direct that such cost shall be recovered as arrears of land revenue from such persons against whom such orders lave been passed.
