Section 76 in Rajasthan Co-operative Societies Rules, 2003
76. Procedure for assessing surcharge under section 57
(1) On receipt of a report referred to in section 57 or otherwise the Registrar or any other person: authorised by him may make such further inquiries as he may deem necessary regarding the extent to which the person who has taken any part in the organization or management of a society or any deceased, past or present officer or employee of the society has misapplied or retained, or become liable or accountable for, any money or property of the society, or has committed misfeasance or breach of trust in relation to the society or has made any payment contrary to the Act, these rules or bye-laws.(2)On the completion of the further inquiries under sub-rule (1), where necessary, the Registrar shall issue a notice to the person or persons concerned furnishing him or them with particulars of the acts of misapplication, retention misfeasance or breach of trust and the extent of his or their liability involved therein and calling upon him or them to put in statements in his or their defence within fifteen days of the date of issue of the notice.(3)On receipt of the statement referred to in sub-rule (2), the Registrar, if he is satisfied that there are reasonable grounds for holding the person or persons liable, shall frame charges.(4)The person or persons concerned shall, after the charges are framed, be asked to put in his or their statements in defence and to indicate the documentary or oral evidence which he would like to produce. The Registrar may permit production of other documentary or oral evidence, if considered necessary, subsequently.(5)The Registrar shall thereafter record the evidence led by the society or the person or persons concerned and take on record the documents proved by them and shall thereafter fix a date for hearing arguments of both the parties.(6)On the day fixed for hearing under sub-rule (5), the Registrar shall hear the arguments and may pass his final orders on the same day or on any date fixed by him within sixty days from the date on which the hearing was completed. On the day fixed for hearing under sub-rule (5) the Registrar shall make his final order either ordering repayment of the money or return of the property to the society together with interest at such rate as may be specified by him or to contribute such amount to the assets of the society by way of compensation in regard to misapplication, retention, misfeasance or breach of trust as may be determined or may reject the claim submitted on behalf of the society.(7)The Registrar may also provide in his order for the payment of the cost of the proceeding under this rule or any part of such cost as he thinks just.(8)The Registrar shall furnish a copy of his order, under sub-rule (6) to the party concerned within ten days of the date on which he makes his final order.(9)If during the course of proceedings under this rule, the Registrar is satisfied that a person whose conduct has been inquired into under sub-section (I) of section 57, is not responsible for the acts of misapplication, retention misfeasance or breach of trust he may pass an order to drop the case against him, and if he is also of the opinion that some other person is responsible for the same he shall send a note to this effect in detail to the competent authority within ten days to initiate further appropriate action in this regard. If he himself is the competent authority he shall himself initiate action immediately.
