Section 129 in The West Bengal Co-Operative Societies Act, 1983
129. Charge and surcharge. -
(1)Where, on an audit under section 90 or an inspection under section 92 or an inquiry under section 93 or an inquiry by a commission constituted under the Commissions of Inquiry Act, 1952 or an inquiry by an inquiry committee constituted by the State Government or a report from the liquidator, it appears to the Registrar that any officer (including a former officer) of any co-operative society has [at any time] [Words substituted by West Bengal Act 21 of 1990.] after the commencement of this Act and within six years prior to the date of such audit, inspection, inquiry or report, as the case may be,-(a)intentionally made or authorised or allowed any payment which is, or may be deemed to be, contrary to the provisions of this Act or the rules or the by-laws or any other law for the time being in force, or(b)by reason of negligence in respect of any prescribed matter involved the co-operative society in any loss or deficiency, or(c)misappropriated or fraudulently retained any property of the cooperative society or committed criminal breach of trust or forgery or falsification of accounts,the Registrar may, after giving such officer an opportunity of being heard, by order in writing require such officer to pay such sum to the assets of the co-operative society for making good the loss sustained by it in direct consequence of the commission or omission specified in this section or to restore such property as the Registrar may think fit and also to pay such sum as the Registrar may fix to meet the cost of any proceeding under this section.(2)The provisions of this section shall apply notwithstanding that such officer is by reason of his act or omission punishable under any law for the time being in force.
