Section 58, The Rural Area (2) This Ordinance shall come into operation on the first day of January, 1950, or

(1) The Auditor acting in pursuance of section 56 shalldisallow every item of account contrary to law and shall certify the amount of any deficiency or loss incurred by the negligence or misconduct of any person or of any sum which ought to have been but is not brought into account by any person. The Auditor shall surcharge the amount on the person who has made or authorised the making of the illegal payment or whose default has caused the deficiency or loss or failure to bring to account, as the case may be. On application by any party aggrieved the Auditor shall state in writing the grounds upon which his certificate is based, and also of any disallowance which he may have made: Provided that on the application of the person surcharged, and notwithstanding that the disallowance and surcharge are correct and legal, the Governor may in his discretion, if he should consider that in all the circumstances of the case he is warranted in so doing, cancel or reduce such allowance and surcharge: Provided always that any such application shall be made within fourteen days of the person surcharged being notified of the surcharge, or within such further period, if any, as the Governor may allow. (2) In case the surcharge is not cancelled by the Governor on an application under the preceding sub-section, and the amount surcharged, or such amount as reduced by the Governor on such an application as aforesaid is not made good to the local authority to the satisfaction of the Auditor within such period not exceeding six months as the local authority may determine after such surcharge is reported to the local authority or, in the event of such an application as aforesaid, within fourteen days of the applicant being notified of the decision of the Governor, the chairman of such local authority shall in the name and on behalf of the local authority sue for the same, and shall, if it appears to the Court that such expenditure of the amount surcharged, or of such amount so reduced as aforesaid, was not authorised or was in contravention of any provision of this Ordinance, or that any loss or deficiency or failure to bring to account was due to the default of the defendant, be entitled to judgment for the amount surcharged or of such amount so reduced as aforesaid. In any such action as aforesaid the minutes of proceedings kept by the local authority shall be prima facie evidence of any facts therein stated. If it does not appear from the minutes what particular members of the local authority concurred in any particular expenditure, every member present at the meeting shall be deemed to have concurred until he proves the contrary. PART XI.-PowERS AND DuTIES OF LocAL AuTHORITIES.