Section 27 UP Panchayat Raj Act: Surcharge

Section 27: Surcharge

How current this text is

Text as published by India Code for the Government of Uttar Pradesh, with amendments up to U.P. Act No. 6 of 2017.

Chapter VI (The Nyaya Panchayat), sections 42 to 94-A, is printed only as a heading with the official footnote "Chapter VI comprising sections 42 to 94-A Omitted by sec. 16 of U.P. Act No. 6 of 2017.", so those sections have no pages here.

The marginal headings printed beside each section in this edition are shown as the section headings; sections 37, 37-A, 95-A and 109 carry no marginal heading in this copy.

Marginal references to other enactments (for example "U.P. Act No. I of 1951") printed beside the text are not reproduced.

(1) Every Pradhan or ¹[ x x x ] of a ²[Gram Panchayat], every member of a ²[Gram Panchayat] or of a Joint Committee or any other committees constituted under this Act ³[shall be liable to surcharge for the loss, waste or misapplication of money or property belonging to the Gram Panchayat, if such loss, waste or misapplication is direct consequence of his neglect or misconduct while he was such Pradhan or Member.] :

Provided that such liability shall cease to exist affair the expiration of ten years from the occurrance of such loss, waste or misapplication, or five years from the date on which the person liable ceases to hold his 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, realise 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 appellate authority as may be prescribed.

(4) Where no proceeding for fixation and realisation 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.]⁴

Footnotes in the official text

1.Omit. by section 2 of U.P. Act No. 44 of 2007.
2.Subs. by sec. 33 of U.P. Act No. 9 of 1994.
3.Subs. by section 12 of U.P. Act No. 6 of 2017.
4.Subs. by section 17 of U.P. Act No. 37 of 1978.