Section 83 in The Delhi Co-operative Societies Rules, 2007
83. Procedure for assessing damages against the person under section 66 of the Act.
(1)On receipt of the audit report, Inspection report under section 61, Inquiry report under section 62, inspection report under section 63, or an application of the committee, liquidator or any creditor, or otherwise, the Registrar or any other person authorised by him, may, make such further inquiries as he may deem necessary.(2)On the completion of the further inquiries under sub-rule (1), if necessary, the Registrar or the person authorised by him, shall, issue a notice to the person concerned, furnishing him the particulars of the acts of misapplication, retention, misfeasance or breach of trust and the extent of his liability involved therein and calling upon him to put in statements in his defence within fifteen days of the date of issue of the notice.(3)On receipt of the statements referred to in sub-rule (2), the Registrar or the person authorised by him, if, satisfied that there are reasonable grounds for holding the person liable, shall frame charges.(4)The person concerned shall, after the charges are framed, be asked to put in his statement in defence and to indicate the documentary or oral evidence that he would like to produce. The Registrar or the person authorised by him may subsequently permit production of other documentary or oral evidence, if considered necessary.(5)The Registrar or the person authorised by him shall thereafter record the evidence led by the co-operative society or the liquidator or the person or persons concerned and take on record the documents produced by them, and shall thereafter fix a date for hearing arguments of the parties.(6)On the day fixed for hearing under sub-rule (5), the Registrar or the person authorised by him, shall hear the arguments and may pass his final orders on the same day or on any day fixed by him within twenty days from the date on which the hearing was completed. On the day so fixed, the Registrar or the person authorised by him, as the case may be, shall make his final order either ordering repayment of the money or return of the property to the co-operative society together with interest at such rate as may be specified by him or to contribute such amount to the assets, of the co-operative society by way of compensation in regard to misapplication, retention, misfeasance or breach of trust as may be determined or may reject the claim submitted on behalf of the co-operative society or may exonerate the person or person.(7)The Registrar or the person authorised by him, may also provide in his order for the payment of the cost of the proceedings under this rule or any part of such cost as he thinks just.(8)The Registrar or the person authorised by him shall furnish a copy of order, under sub-rule (6) to the party concerned within ten days of the date on which he makes the order.(9)The Registrar may fix the cost of inquiry in case of inquiry conducted by an officer authorised by him.
