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State of Haryana - Section

Section 53 in Haryana Panchayati Raj Act, 1994

53. Liability of Sarpanch,

[-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or a Panch. - (1) Every Sarpanch, [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or a Panch of a Gram Panchayat shall be liable for the loss, waste or mis-application of Gram Fund or property belonging to that Gram Panchayat if such loss, waste or mis-application is a consequence of his neglect or misconduct while working as Sarpanch, Up-Sarpanch or a Panch as the case may be.
(2)The Block Development and Panchayat Officer concerned may, on the application of a Gram Panchayat or otherwise, for loss, waste or mis-application of Gram Fund or property belonging to that Gram Panchayat and after giving adequate opportunity to Sarpanch, [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or Panch, as the case may be, to explain, assess by order in writing the amount due from him on account of such loss, waste or mis-application of such Gram Fund or property and take necessary steps for its recovery.
(3)Any person aggrieved by an order under sub-section (2) may, within one month of the date of such order apply to the Director to have it set aside and the Director may suspend, vary or rescind such order upon such terms as to costs, payment into court or otherwise, as he thinks fit, but subject to the result of such application, if any, the order shall be conclusive proof of the amount due.
(4)Notwithstanding anything contained in sub-section (3) the Government may, either on its own motion at any time or an application received in this behalf within a period of sixty days from the date of the order, call for the records of any proceedings in which the Director has passed an order under sub-section (3) for the purpose of satisfying itself as to the legality or propriety of such order and may pass such order in relation thereto as it thinks fit :Provided that the Government shall not pass an order under this sub- section prejudicial to any person without giving him a reasonable opportunity of being heard.
(5)Notwithstanding anything contained in this section no person shall be called upon to explain why he should not be required to make good any loss, after the expiry of six years from the occurrence of the loss, waste or mis-application or after the expiry of two years from his ceasing to be a Sarpanch, [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or Panch as the case may be, whichever is earlier.
(6)The amount assessed as due from Sarpanch, [-] [Omitted the word 'Up-Sarpanch' vide Haryana Act No. 10 of 1999.] or Panch, as the case may be, may after his death be recovered from his legal heirs to the extent of property inherited by them.