Power of Registrar to assess damages against delinquent promoters, etc.

Power of Registrar to assess damages against delinquent promoters, etc. (1) Where in the course of or as a result of an audit under section 84, or an inquiry under section 86 or an inspection under section 87, or the winding up of a society, the Registrar is satisfied on the basis of the report made by the auditor or the person authorized to make inquiry under section 86, or the person authorized to inspect the books under section 87, or the Liquidator under section 110, that any person who has taken any part in the organization or management of the society or any deceased, or past or present officer of the society has, within a period of five years prior to be date of such audit, inquiry, inspection (1) If in the course of or otherwise than in the course of an audit under section 84, an inquiry under section 86, an inspection under section 87, the winding up of a society, it appears that any person who has taken part in the organization or management of the society or any past or present officer or servant of the society has misappropriated or fraudulently retained, or is guilty of misfeasance or breach of trust in relation to the society, or has been, for the purpose of investigation, or in the case of a society which is being wound up, on the application of the official liquidator or any creditor or contributory for an order for winding up, 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 or a person authorized by him in that behalf may investigate the conduct of such person or persons and after framing charges against such person or persons, and after giving a reasonable opportunity to the person concerned and in the case of a deceased person to his requiring him to repay or restore the money or property or any part thereof, with interest at such rate as the Registrar or the person authorized under this section may determine, or to contribute such sum to the assets of the society by way of compensation in regard to the misapplication, retention, misfeasance or breach of trust, as he may determine. (2) The Registrar or the person authorized under sub-section (1) in making any order under this section, may provide therein for the payment of the costs or any part thereof such investigation, as he thinks just, and he may direct that such costs or any part thereof shall be recovered from the person against whom the order has been issued. (3) This section shall apply, notwithstanding that the act is one for which the person concerned may be criminally responsible.