JKMC Act 413Chapter XXIII · Control

Section 413 · Liability of Councillors

(1)

Every Councillor shall be liable for the loss, waste or misapplication of any money or other property belonging to the Corporation, if such loss, waste or misapplication is reported either by the Audit Agency or otherwise comes to the notice of the Corporation to be direct consequence of his neglect or misconduct in the performance of his duties as a Councillor ; and he may after being given an opportunity, by notice served in the manner provided for the service of summons in the Code of Civil Procedure, Samvat 1977 to show cause by written or oral representation why he should not be required to make good the loss, and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by subsection (2), the Collector shall proceed forthwith to recover the amount as if it were an arrear of land revenue, and have it credited to the Corporation Fund.

(2)

The person against whom an order under sub-section (1) is made by the Director may within thirty days of the date of communication of the order make an appeal to the Government ;Provided that no person shall under this section be called upon to show cause after the expiry of a period of five years from the occurrence of such loss, waste or misapplication or after the expiry of two years from the time of his ceasing to be a Councillor.

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