Section 101 in Haryana Co-operative Societies Act, 1984
101. Surcharge.
(1)If it comes to the notice of the Registrar that any person who is or was entrusted with the organisation or management of a co- operative society or who is or has at any time been a member of the committee, officer or an employee of the society, has made any payment contrary to this Act, the rules or bye-laws or has caused any deficiency in the assets of the society by misconduct or wilful negligence or has misappropriated or fraudulently retained any money or other property belonging to the society or has caused losses, or depleted profits of the society ignoring diligence of ordinary man of prudence or by acting against the interest of the society, the Registrar may, of his own motion or on the application of the committee liquidator or any creditor, enquire himself or direct any person authorised by him by an order in writing in this behalf to enquire into the conduct of such person.(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 in writing 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:[Provided that no surcharge proceedings shall be initiated under this section in respect of any act or omission in respect of a person against whom an inquiry is made except within five years of the date on which such act or omission, was committed. However, any proceedings pending under this section in any Court or before any authority shall continue as if the provisions of the Haryana Co-operative Societies (Amendment) Act, 2006, were not passed.] [Added by Haryana Act No. 19 of 2006.]
