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Cap. 442 · cap/442 (Cap. 442)

Cap. 442 Art. 19Abuse of authority or breach of trust.

PART II

In forceOfficial text

(1) Where, in the course of an audit of a society held under the provisions of article 45, or in the course of an inquiry into the affairs of a society held under article 13, or in the course of the winding up of a society, it appears that any person who has taken part in the organisation or management of such society or any past or present officer of the society has misapplied or retained or become liable or accountable for any money or property of such society or has been guilty of abuse of authority or breach of trust in relation to such society, the Board may, on its own motion, or on a request of the liquidator or any creditor or contributor, inquire or cause an inquiry to be held into the conduct of such person.

(2) On the conclusion of any such inquiry, the Board may make an order requiring the person who was the subject of such inquiry to repay or restore the money or property, or any part thereof, with interest at such rate, not being higher than the then prevailing commercial rate, as the Board thinks just, or to contribute such sum to the assets of such society by way of compensation as the Board may deem appropriate to make good for the misapplication, dishonesty, financial irregularity or breach of trust resulting from the inquiry.

(3) Any order made under subarticle (2) shall be enforceable execution, shall be effected on application made by the Board.

(4) The provisions of this article shall apply even where the act is one for which the offender may be criminally responsible.