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State of Haryana - Section

Section 409 in Haryana Municipal Corporation Act, 1994

409. Liability of members.

(1)Every members shall be liable for the loss, waste or misapplication of any money or other property belonging to the Corporation, if such loss, waste or misapplication is reported either by the Examiner, Local Fund Accounts, or otherwise comes to the notice of the Corporation to be a direct consequence of his neglect or misconduct in the performance of his duties as a member; and he may after being given an opportunity, by notice served in the manner provided for the service of summons 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, or be surcharged with the value of such property or the amount of such money by the Divisional Commissioner, and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Divisional Commissioner shall proceed forthwith to recover the amount as if it were an arrears of land revenue and have it credited to the Corporation Fund.
(2)The person against whom an order under sub-section (1) is made by the Divisional Commissioner may within thirty days of the date of communication of the order make an appeal to the Government:Provided that no person shall under this section be called upon to show cause after the expiry of a period of five years from the occurrence of such loss, waste or misapplication or after the expiry of one year from the time of his ceasing to be a member.