(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 1[the Code of Civil Procedure,
1908 (5 of 1908)] 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 sub-section
(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.
(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.
1. Substituted for “the Code of Civil Procedure, Samvat 1977” by S.O. 3466 (E) of 2020 dated 05.10.2020.