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State of Kerala - Section

Section 97 in Kerala District Administration Act, 1979

97. Liability of President, Vice-President, Secretary and members for loss, waste or misapplication of property.

(1)The President, the Vice-president, the Secretary or any member of a district council shall be personally able for the loss, waste or in application of any money or other property of the district council which has, been caused or fact hated by his misconduct or wilful negligence.
(2)If after giving the President, the Vice-President, the Secretary or the member concerned a reasonable opportunity for showing Cause to the contrary, the Government are satisfied that the loss, waste or misapplication of any money or other property of the district council is a direct consequence of misconduct on his part, the Government shall, by an order in writing, direct such President, Vice-President, Secretary or member to pay to the district council before a fixed date, the amount required of be reimbursed to it for such loss, waste or misapplication.
(3)If the amount is not so paid it shall be recovered in the same manner as an arrear of land revenue and credited to the Fund of the district council.
(4)Any person aggrieved by an order under sub-section (2) may, within one month from the receipt by him of the order, apply to the District Court to modify or set aside such order and that Court after taking such evidence as it thinks necessary may confirm, modify or remit such amount recovered and make such order as to costs as it thinks proper in the circumstances of the case.