Section 80
Power of the Commission to surcharge officers, etc., of a co-operative society
of Co-Operative Societies Act 1993
If, in the course of a dissolution of a co-operative society or consequent upon an audit under section 60 or an inspection under section 64 or 68 or an inquiry under section 66 or an investigation under Part VI of the Malaysia Co-operative Societies Commission Act 2007, it appears that any person who has taken part in the organization or management of such co-operative society or any past or present officer of the co-operative society, agent or member of the co-operative society has misapplied or retained or become liable or accountable for
78 Laws of Malaysia ACT 502
any money or property of such co-operative society or has been guilty of misfeasance or breach of trust in relation to such co-operative society, the Commission may on its own motion or on the application of the liquidator or contributory, examine into the conduct of such person and make an order requiring him to repay or restore the money or property or any part thereof with return or interest at such rate as the
Commission thinks just or to contribute such sum to the assets of such co-operative society by way of compensation in regard to the misapplication, retainer, dishonesty or breach of trust as the
Commission thinks just.
(2)
Notwithstanding any other written law, an order under subsection (1) shall be enforced by the Sessions Court having jurisdiction over the place where the registered office of the co-operative society is situated in like manner as a judgment of that Court.
(3)
This section shall apply notwithstanding that the act referred to in subsection (1) is one for which the offender may be criminally responsible.