Section 70 in The Arunachal Pradesh Co-operative Societies Rules, 1984
70. Procedure for assessing damages against delinquent promoters, etc. under Section 90.
(1)On receipt of a report referred to in Section 90 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 organisation or management of a society or any deceased, past or present officer 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.(2)On the completion of the further inquiries under sub-rule (1) of this rule, where necessary, the Registrar or the person authorised by him, 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 his or their defence within fifteen days of the date of issue of the notice.(3)On receipt of the statements referred to in sub-rule (2) of this rule, the Registrar or the person authorised by him, 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 pul in his statement, in defence and to indicate the documentary or oral evidence which he would like to produce. The Registrar or the person authorised by him may permit production of other documentary or oral evidence, if considered necessary, subsequently.(5)The Registrar, or the person authorised by him, 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) of this rule, the Registrar or the person authorised by him, 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 date so fixed, the Registrar, or as the case may be, the person authorised by him, 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 or the person authorised by him, may also provide in his order for the payment of the cost of the proceedings under this rule or any part of such cost as he thinks just.(8)The Registrar or the person authorised by him shall forthwith a copy of his under sub-rule (6) of this rule to the party concerned within ten days of the date on which he makes his final order.
