Commissioner to surcharge or charge illegal payment or loss caused by gross negligence or misconduct

The Bombay Local Fund Audit Act, 1930

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Statutory text

(1) The Commissioner may, after considering the [recommendation of the Chief Auditor under sub-section
(3) of section 10, or the head of the department, or other officer, under the first proviso to that sub-section,] as the case may be, and after taking the explanation of the person concerned, or making such further inquiry as he may consider necessary, disallow any item which appears to him to be contrary to law and surcharge the same on the person making, or authorising the making of the illegal payment; and may charge against any person responsible therefor the amount of any deficiency or loss caused by the gross negligence or misconduct of that person, or, any sum received which ought to have been but is not brought into account by that person and shall, in every such case, certify the amount due from such person: Provided that no order of surcharge or charge shall be made under this Act in respect of any item included, or, which ought to have been included, but was omitted from, any accounts [for any period—
- (i) in the case of a local authority in the Bombay area of the State, prior to the 1st April 1930;
- (ii) in the case of any local authority in the Vidarbha region, prior to the 8th October 1932; and
- (iii) in the case of any other local authority prior to the 1st April 1960] : [ Provided further that in making an order of such surcharge or charge in respect of any expenditure incurred by any Zilla Parishad [or any Panchayat Samiti] on any item which appears to the Commissioner to be contrary to law, the Commissioner shall not question the propriety of the expenditure incurred by the [Zilla Parishad [or any Panchayat Samiti] or any of its officers in the exercise of the powers purported to be conferred on it or him under such law.]
(2) The Commissioner shall state in writing the reasons for his decision in respect of every surcharge or charge and shall send by registered post a copy thereof to the person against whom it is made.
(3) If a person to whom a copy of the Commissioner's decision is sent under sub-section
(2) refuses to take delivery thereof he shall be deemed to have been duly received it on the day on which it was refused by him. [(4) If the Commissioner after considering the recommendation of the Chief Auditor under sub-section
(3) of section 10, or of the head of the department or other officer under the first proviso to sub-section
(3) of section 10, as the case may be, and after obtaining the explanation of the person concerned, or making such further enquiry as he may consider necessary, decides not to proceed further in the matter, he may waive the objection after recording his reasons therefor, and shall communicate the same to the Chief Auditor or the head of the department or other officer, as the case may be.]

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