section 27
Surcharge
The Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, 1988General198743 sections6 chapters
Chapter V MISCELLANEOUS
Statutory text
- (1) Where in the course of an audit of the accounts of any of the bodies constituted under this Act, it appears that any person who is or was entrusted with the affairs or management of the body or any officer or employee has misappropriated or fraudulently retained any money or any other property or has been guilty of breach of trust in relation to the body or has caused any deficiency in the assets of the body by breach of trust or wilful negligence or has made any payment contrary to the provisions of this Act, the rules or the bye-laws the competent authority may of his own motion or otherwise on an application from any person may enquire into the conduct of such person or officer or employee and make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as it thinks just or to contribute such sum to the assets of the body by way of compensation in respect of the misappropriation, misapplication of funds fraudulent retainer, breach of trust or wilful negligence as that authority may think just: Provided that no order shall be passed against any person referred to in this sub-section unless the person concerned has been given an opportunity of making his representation.
- (2) Any sum ordered under this section to be repaid to anybody or recovered as a contribution to its assets may be recovered on a requisition being made in this behalf by the competent authority to the Collector, in the same manner as arrears of land revenue.
- (3) This section shall apply notwithstanding that such person or Officer or employee may have incurred criminal liability by his act.
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