Section 70 in The Orissa Co-operative Societies Rules, 1965
70. Procedure of Surcharge.
- [(1) Where a surcharge proceeding is initiated under Section 67 of the Act, the Auditor-General or the person authorised by him shall issue a notice to the person concerned furnishing him with particulars of payment made contrary to Act, rules and bye-laws or the deficiency caused in the assets of the society by breach of trust wilful negligence or otherwise, or the sum or property belonging to the society misappropriated, fraudulently or unauthorisedly retained by him and the extent of his liability involved therein, and calling upon him to put a statement in his defence within fifteen days of date of issue of the notice.] [Substituted vide Orissa Gazette Extraordinary No. 500, Dated 23.4.1997.](2)Notice under Sub-rule (1) shall be accompanied by copy of the relevant portion of the audit report, enquiry report of liquidator's report, as the case may be.(3)The person concerned shall furnish along with his statement a list of document and witness which he would like to produce.(4)The [Auditor-General] [Substituted vide Orissa Gazette Extraordinary No. 500, Dated 23.4.1997.] or the person authorised by him may allow the person concerned to look into the relevant records of the Society, if required for furnishing an explanation.(5)The [Auditor-General] [Substituted vide Orissa Gazette Extraordinary No. 500, Dated 23.4.1997.] or the person authorised by him shall receive and record such evidence as may be necessary and relevant.(6)The [Auditor-General] [Substituted vide Orissa Gazette Extraordinary No. 500, Dated 23.4.1997.] or the person authorised by him may thereupon record a decision.(7)The [Auditor-General] [Substituted vide Orissa Gazette Extraordinary No. 500, Dated 23.4.1997.] or the person authorised by him also provide in his decision, for the payment of costs of the proceedings under this Rule or any part of such costs, as he may think just.(8)The [Auditor-General] [Substituted vide Orissa Gazette Extraordinary No. 500, Dated 23.4.1997.] or the person authorised by him shall furnish a copy of the decision under Sub-rule (6) of the party concerned within 7 days from the date of decision.Chapter-VII Procedure for Settlement of Disputes
