Section 107 in Punjab Panchayat Samitis and Zila Parishads Act, 1961
107. Liability of Members for loss, etc.-
(1)Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a Panchayat Samiti or Zila Parishad if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while a Member of a Panchayat Samiti or Zila Parishad and any such person, may after being given an opportunity by notice served in the manner provided for the service of summonses in the Code of Civil Procedure 1908, to show cause by written or oral representation why he should not be required to make good the loss, be surcharged with the amount of such money or the value of such property by the Deputy Commissioner.(2)The person against whom an order under sub-section (1) has been made, may, within thirty days of the order, appeal to the Commissioner and the appellate authority may confirm, modify or revoke the surcharge:Provided that nothing in this section shall be deemed to debar the aggrieved party from seeking his remedy in a Civil Court against an order made under sub-section (1).(3)Where the amount surcharged under this section is not paid within fourteen days of the expiry of the period of appeal specified in sub-section (2), or where an appeal has been preferred under sub-section (2), within fourteen days of the order passed on such appeal, the Collector, at the request of the Deputy Commissioner shall forthwith proceed to recover the amount in the same manner as an arrear of land revenue and have it credited to the Samiti Fund or Zila Parishad Fund, as the case may be.(4)Notwithstanding anything contained in this section, no person shall be called upon to show cause why he should not be required to make good any loss after the expiry of four years from the occurrence of the loss, waste or misapplication, or after the expiry of one year from his ceasing to be a member of the Panchayat Samiti, or Zila Parishad, whichever is earlier.
