Section 46: Power of Director to surcharge.

(1) Where in the course of an audit of a registered society held under the provisions of section 36 of this Act or of an inquiry held under the provisions of the section 37 of this Act or of the winding up of a registered society, it appears that a person-
(a)
who has taken part in the organization or management of the society has misapplied or retained or become liable or accountable for the money or property of that society;or
(b) has been guilty of a misfeasance or breach of trust in relation to the society, the Director may, on his own volition, or on the application of the liquidator or of any creditor or contributor, examine the conduct of the person and make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as the Director thinks just or to contribute such sum to the assets of the society by way of compensation in regard to the misapplication, retention, dishonesty or breach of trust as the Director thinks fit.
(2) This section shall apply notwithstanding that the act is one for which the offender may be criminally responsible.