Section 74 in Rajasthan Co-operative Societies Act, 1965
74. Surcharge.
(1)If in the course of an audit, inquiry, inspection or the winding up of a co-operative society, it is found that any person, who has taken any part in the organisation or management of such society or who is or has at any time been an officer or an employee of the society, has made any payment contrary to this Act, the rules or the bye-laws or has caused any deficiency in the assets of the society by breach of trust or wilful negligence or has misappropriated or fraudulently retained any money or other property belonging to such society, the Registrar may, of his own motion or on the application of the committee, liquidator or any creditor, inquiry himself or direct any person authorised by him by an order in writing in this behalf, to inquiry into the conduct of such person:Provided that no such inquiry shall be held after the expiry of six years from the date of any act or omission referred to in this sub-section [or as the case may be, from the date of knowledge of the Registrar of such act or omission, whichever is later] [Inserted by Rajasthan Act No. 2 of 1991 [27.3.1991]],(2)Where an inquiry is made under sub-section (1), the Registrar may. after giving the person concerned an opportunity of being heard, make an order requiring him to repay or restore the money or property or any part thereof, with interest at such rate, or to pay contribution and costs or compensation to such extent, as the Registrar may consider just and equitable.(3)This section shall apply notwithstanding that such person or officer may have incurred criminal liability by his act or omission.
