section 48A
Insertion of new section 48 A
The Sikkim Panchayat Act, 199318. In the principal Act, after section 48, the following section shall be inserted, namely :- "48 A. Liabilities of Sabhapati, Up-Sabhapati and Member of Gram Panchayats .- (1) Every member of a Panchayat including the Sabhapati and Up-Sabhapatithereof shall be liable to the Panchayat of which they are members or, as the case may be, Sabhapati and Up-Sabhapati, for the loss, waste or misappropriation of any money or other property belonging to such a Panchayat as direct consequence of his neglect or misconduct while in office, (2) If on appearance the member or, as the case may be, the Sabhapati and Up-Sabhapati admits his liability and its amount, the Prescribed Authority shall pass an order for the recovery of the amount of each liability from such member or, as the case may be, such as Sabhapati and Up-Sabhapati. (3) If the member or, as the case may be, the Sabhapati and Up-Sabhapati disputes their liabilities or its extent, the Prescribed Authority after recording evidence in support of the allegations and after giving the concerned office-bearer opportunity to cross-examine the witness and to adduce evidence in defense shall, by order, determine the extent and amount of liability of such office-bearer for such waste or misappropriation of money or property".
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