Section 40 in Himachal Pradesh Societies Registration Act, 2006
40. Surcharge.
(1)Where, in the course of audit under section 35 or an enquiry under section 39,it appears that any person who had taken part in the establishment or management of the Society or any past or present President, Secretary, member or the staff of the Society; has misapplied or retained, or become liable or accountable for any money or property of the Society, or has been guilty of misfeasance or breach of trust in relation to the Society, the Registrar may, on a report received from the officer or an application received from the Governing body of the Society or his own motion, examine into the conduct of such person and after giving reasonable opportunity to the person concerned to submit his explanation, make an order requiring him to repay or restore the money or property or any part thereof, respectively with interest at such rate as may be prescribed or to contribute such sum to the assets of the Society by way of compensation in regard to the misapplication, retainer, misfeasance or breach of trust as the Registrar thinks just.(2)Any sum ordered under this section to be repaid to a Society or recovered as a contribution to its assets, on a requisition being made in this behalf by the Registrar, shall be recovered as arrears of land revenue under the provision of the Himachal Pradesh Land Revenue Act, 1954.(3)This section shall apply notwithstanding any criminal prosecution launched or proposed to be launched against such person.
