State Act

THE UNITED PROVINCES PANCHAYAT RAJ ACT, 1947

This Act was repealed on a date we do not have by the Uttarakhand Panchayati Raj Act, 2016 (Uttarakhand Act 11 of 2016), s.194(1); it may still apply to matters that began before then.

27- (1) Every Pradhan or Up-Pradhan of a [Gram Panchayat]3, every member of a [Gram Panchayat]2 or of a Joint Committee or any other committee constituted under this Act and every Sarpanch, Sahayak Sarpanchor Panch of a Nyaya Panchayat shall be liable to surcharge for the loss, waste or misapplication of money or property [belonging to the Gram Panchayat or Nyaya Panchayat]4 as the case may be, if such loss, waste or misapplication is direct consequence of his neglect of misconduct while he was such Pradhan, Up-Pradhan, Member, Sarpanch, Sahayak Sarpanch or Panch: Provided that such liability shall cease to exist after the expiration often years from the occurrence of such loss, waste or misapplication, or five years from the date on which the person liable ceases to hold this office, whichever is later. (2) The prescribed authority shall fix the amount of the surcharge according to the procedure that may be prescribed and shall certify the amount to the collector who shall, on being satisfied that the amount is due, realize it as if it were an arrear of land revenue: (3) A person aggrieved by the order of the prescribed authority fixing the amount, of surcharge may, within thirty days of such order, appeal against the order to the State Government or such other or appellate, authority as may be prescribed. (4) Where no proceeding for fixation and realization of surcharge as specified in sub-section (2) is taken the State Government may institute a suit for compensation for such loss, waste or misapplication, against the person liable for the same.]1