Under Section 73 BA it is provided that where it appears that any person who has taken part in the organization or management of a society or any past or present officer or member has misapplied or retained or become liable or accountable for any money or property or the society or has been guilty of misfeasance or breach of trust in relation to the society the registrar may of his own accord or on the application of the liquidator or of any creditor or member inquire into the conduct of such person and report his findings and recommendations at a general meeting of the society convened for that purpose.

If the registrar’s findings or recommendations indicate that the person be required to repay or restore the money or property to the society with interest as determined by the registrar or to contribute such sum to the assets of the society by way of compensation for the misapplication, retainer, dishonesty or breach of trust, the matter shall be determined by the general meeting in accordance with the society bylaws.  For this purpose the registrar shall have the power to direct the secretary and/or the chairman of the society concerned to convene a general meeting of that society.  If they do not call such a meeting then they shall be guilty of an offence.

The decision taken hereof shall not prejudice the fact that the same act or default upon which the decision or action was based may constitute an offence under some other law for which the person has been prosecuted or is being or is likely to be prosecuted. 

A person aggrieved by the decision taken by the general meeting may appeal to the minister with the final appeal to the tribunal.  Any money ordered by an order made hereon to be repaid or contributed to the society shall without prejudice to any other mode of recovery be a civil debt recoverable summarily.


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