OFFENCES AND
PENALTIES
145.
|
||
(1)
|
No person, other than a society
registered, or deemed to be registered, under this Act and a person or his
successor in interest of any name or title under which he traded or carried
on business at the date on which this Act comes into force, shall without the
sanction of the State Government, function, trade or carry on business under
any name or title of which the word "co-operative", or its equivalent
in any Indian language, forms part.
|
|
(2)
|
Every person contravening the provisions
of the foregoing sub-section shall, on conviction, be punished with fine
which may extend to five hundred rupees.
|
|
146.
|
||
It shall be an offence under this Act,
if-
|
||
(a)
|
any member of a society transfers any
property or interest in property in contravention of sub-section (2) of
section 47 or any person knowingly acquires, or abets in the acquisition of,
such property;
|
|
(b)
|
any employer and every director, manager,
secretary or other officer or agent acting on behalf of such “employer who without any
sufficient cause fails to pay a co-operative society amount deducted by him
from its employee within a period of fourteen days from the date on which
such deduction is made, and also any person who,” [*
Was substituted By MAH. XXIV of 1961] employer who, without sufficient
cause, fails to comply with sub-section (2) of section 49; or
|
|
(c)
|
a committee of a society or an officer or
member thereof fails to invest funds of such society in the manner required
by section 70; or
|
|
(d)
|
any person, collecting share money for a
society in formation, does not within a reasonable period deposit the same in
the State Co-operative Bank, or a Central Co-operative Bank, or an Urban
Co-operative Bank, or a Postal Savings Bank; or
|
|
(e)
|
any person, collecting the share money
for a society in formation, makes use of the funds so raised for conducting
any business or trading in the name of a society to be registered or
otherwise; or
|
|
(e-1)
|
any person, who collects share money or
any other sum by misrepresentation to the members or prospective members in
the name of the society to be registered, or after registration of a society
by such misrepresentation, or otherwise; or
|
|
(e-2)
|
any person knowingly gives a false
certificate in whatever form showing that a person is or is not a
"defaulter" within the meaning of that expression in the
Explanation to clause (i) of sub-section (1) of section “73-CA”; [* Was substituted By MAH. XXIV of 1961]
or
|
|
(f)
|
a committee of a society or an officer or
member thereof, fails to comply with the provisions of sub-sections (2), “(2A),” [*
Was inserted By MAH. XXIV of 1961] (3) or (4) of section 75, or
|
|
(g)
|
“a co-operative society or an
officer or member thereof willfully makes a false return or fails to furnish
a return under section 75 or 79 of the Act, or furnishes false information or
willfully fails to furnish any information required from him by a person
holding an inquiry under section 83, person authorised under section 88 or as
required under any provisions of this Act,”; [* Was
inserted By MAH. XXIV of 1961] any officer or member of a society who is in possession
of information books and records, fails to furnish such information or
produce books and papers, or give assistance to a person appointed or
authorised by the State Government or the Registrar under-sections “77A, 78, 78 A, 81, 83, 84, 88,
89A, 94, 103 or 110A;” [* Was substituted By MAH. XXIV of 1961] or
|
|
(h)
|
“any officer
or custodian who willfully fails to hand over custody of books, accounts,
documents, records, cash, security and any other property belonging to a
co-operative society of which he is an officer or custodian, to an authorised
person or, to a person appointed under sections 77A, 78, 78A, 103 or 110A, or
any other person appointed under this Act; or [* Was
substituted By MAH. XXIV of 1961]
|
|
(h-1)
|
a committee of
a society or an officer or member thereof involved in corrupt practices
during the election; or”;
|
|
(i)
|
a committee of a society with a working
capital of fifty thousand rupees or more, or any officer or a member thereof,
fails without any reasonable excuse to give any notice, send any return or
document, do or allow to be done anything, which the committee, officer or
member is by this Act required to give, send, do or allow to be done or
comply with orders made under section 79; or
|
|
(j)
|
“any person, willfully or without
any reasonable excuse, disobeys any summons, requisition or lawful written
order issued under sections 81, 83, 88, or any other provisions of the Act;
or”; [* Was inserted By MAH. XXIV of 1961] a committee of a society or an officer or
member thereof willfully neglects or refuses to do any act, or to furnish any
information required for the purposes of this Act by the Registrar, or other
person duly authorised by him in writing in this behalf; or
|
|
(k)
|
a committee of a society, or an officer
or member thereof, willfully makes a false return, or furnishes false
information, or fails to maintain proper accounts; or
|
|
(l)
|
any officer, member, agent or servant of
a society fails to comply with the requirements of sub-section (4) of section
81; or
|
|
(l-1)
|
the Committee
fails to submit audit rectification report to the Registrar and the annual
general body meeting as per section 82; or” [* Was
inserted By MAH. XXIV of 1961].
|
|
(m)
|
any officer or a member of a society
willfully fails to comply with any decision, award or order passed under
section 96; or
|
|
(n)
|
A member of a society fraudulently
disposes off property over which the. society has a prior claim, or a member
or officer or employee or any person disposes off his property by sale
transfer, mortgage, gift or otherwise, with the fraudulent intention of
evading the dues of the society; or
|
|
(o)
|
any officer of a society willfully
recommends or sanctions for his own personal use or benefit or for the use or
benefit of a person in whom he is interested, a loan in the name of any other
person; or
|
|
(p)
|
any officer or member of a society
destroys, mutilates, tampers with, or otherwise alters, falsifies or secrets
or is privy to the destruction, mutilation, alteration, falsification or
secreting of any books, papers or securities or makes, or is privy to the
making of any false or fraudulent entry in any register, book of account or
document belonging to the society; or
|
|
(q)
|
Any officer or member of a society or any
person does any act declared by the rules to be an offence.
|
|
Explanation.—For the purpose of this
section, an officer or a member referred to in the section shall include past
officer and past member, as the case may be.
|
||
147.
|
||
Every society, officer or past officer,
member or past member, employee or past employee of a society, or any other
person, who commits an offence under section 146 shall, on conviction, be
punished,—
|
||
(a)
|
if it is an offence under clause (a) of
that section, with imprisonment for a term which may extend to six month, or
with fine which may extend to “five thousand rupees”, [* Was substituted By
MAH. XXIV of 1961] or with both;
|
|
(b)
|
if it is an offence under clause (b) of
that section, with imprisonment for a term which may extend to three years,
or with fine which may extend to “fifteen thousand rupees”, [* Was
substituted By MAH. XXIV of 1961] or with both;
|
|
(c)
|
if it is an offence under clause (c) of
that section, with fine which may extend to “five thousand rupees”, [* Was substituted By MAH. XXIV of 1961]
|
|
(d)
|
if it is an offence under clause (d) of
that section, with fine which may extend to “five thousand rupees”, [* Was substituted By MAH. XXIV of 1961]
|
|
(e)
|
if it is an offence under clause (e) of
that section, with imprisonment for a term which may extend to one year or
with fine, or with both;
|
|
(e-1)
|
if it is an offence under clause (e-1) of
that section, with imprisonment of a term which may extend to three years, or
with fine which may extend to “fifteen thousand rupees”, [* Was
substituted By MAH. XXIV of 1961] or with both;
|
|
(e-2)
|
if it is an offence under clause (e-2) of
that section, with imprisonment of a term which may extend to three years, or
with fine which may extend to “fifteen thousand rupees”, [* Was
substituted By MAH. XXIV of 1961], or with both;
|
|
(f)
|
if it is an offence under clause (f) of
that section, with fine which may extend to “five thousand rupees” [* Was substituted By MAH. XXIV of 1961];
|
|
(g)
|
if it is an offence under clause (g) of
that section, with fine which may extend to “five thousand rupees” [* Was substituted By MAH. XXIV of 1961];
|
|
(h)
|
if it is an offence under clause (h) of
that section; with fine which may extend to “five thousand rupees” [* Was substituted By MAH. XXIV of 1961];
|
|
(h-1)
|
“if it is an
offence under clause (h-1) under that section, with fine which may extend to
five thousand rupees;”; [* Was inserted By MAH. XXIV of 1961]
|
|
(i)
|
if it is an offence under clause (i) of
that section, with fine which may extend to “five thousand rupees” [* Was substituted By MAH. XXIV of 1961];
|
|
(j)
|
if it is an offence under clause (j) of
that section, with imprisonment for a term which may, extend to one month, or
with five which may extend to “five thousand rupees” [* Was substituted By MAH. XXIV of 1961], or with both;
|
|
(k)
|
if it is an offence under clause (k) of
that section, with imprisonment for a term which may extend to one year; or
with fine which may extend to “ten thousand rupees” [* Was substituted By MAH. XXIV of 1961], or with both;
|
|
(l)
|
if it is, an offence under clause (l) of
that section; with fine which may extend to “one thousand rupees” [* Was substituted By MAH. XXIV of 1961]
|
|
(l-1)
|
“if it is an offence under clause
(l-1) under that section, with fine which may extend to five thousand rupees
;” [* Was inserted By MAH. XXIV of 1961]
|
|
(m)
|
if it is an offence under clause (m) of
that section, with imprisonment for a term which may extend to six months, or
with fine which may extend to five thousand rupees ;” [* Was substituted By MAH. XXIV of 1961], or with both;
|
|
(n)
|
if it is an offence under clause (n) of
that section, with imprisonment for a term which may extend to six months, or
with fine which may extend to five thousand rupees;” [* Was substituted By MAH. XXIV of 1961] or with both;
|
|
(o)
|
if it is an offence under clause (o) of
that section, with imprisonment for a term which may extend to two years, or
with fine, “which may
extend to ten thousand rupees” [* Was inserted By MAH. XXIV of 1961] or with both;
|
|
(p)
|
if it is an offence under clause (n) of
that section, with imprisonment for a term which may extend to three years,
or with fine, “which may
extend to fifteen thousand rupees” [* Was
inserted By MAH. XXIV of 1961] or with both;
|
|
(q)
|
if it is an offence under clause (q) of
that section, with fine which may extend to “one thousand rupees” [* Was substituted By MAH. XXIV of 1961].
|
|
148.
|
||
(1)
|
No Court inferior to that of Metropolitan
Magistrate or a Judicial Magistrate of the First Class shall try any offence
under this Act.
|
|
(2)
|
Sub-section 2 deleted.
|
|
(3)
|
No prosecution under this Act shall be
lodged, except with the previous sanction of the Registrar.
|
|
148A.
|
||
(1)
|
If any person-
|
|
(a)
|
when ordered by a Co-operative Court or
the Co-operative Appellate Court to produce or deliver up any document or to
furnish information, being legally bound so to do intentionally omits to do
so; or
|
|
(b)
|
when required by any such Court to bind
himself by an oath or affirmation to state the truth, refuses to do so;
|
|
(c)
|
being legally bound to state the truth on
any subject to any such Court, refuses to answer any question demanded of him
touching such subject by the Court; or
|
|
(d)
|
intentionally offers any insult or causes
any interruption to any such Court at any stage of its judicial proceeding,
he shall on conviction, be punished with imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees,
or with both.
|
|
(2)
|
If any person refuses to sign any
statement made by him, when required to do so by a Co-operative Court or the
Co-operative Appellate Court, he shall on conviction be punished with
imprisonment for a term which may extend to three months, or with fine which
may extend to five hundred rupees, or with both.
|
|
(3)
|
If any offence under sub-section (1) or
(2) is committed in the view or presence of a Court concerned, the said court
may, after recording the facts constituting the offence and the statement of
the accused as provided in the Code of Criminal Procedure, 1973, forward the
case to a Magistrate having jurisdiction to try the same, and may require
security to be, given for the appearance of the accused person before such
Magistrate or, if sufficient security is not given, shall forward such person
in custody to such Magistrate. The Magistrate to whom any case is so
forwarded shall proceed to hear the complaint against the accused person in
the manner provided in the Code of Criminal Procedure, 1973.
|
|
(4)
|
If any person commits any act or
publishes any writing which is calculated to improperly influence a
Co-operative Court or the Co-operative Appellate Court to bring any such
Court or a member thereof into disrepute or contempt or to lower its or his
authority, or to interfere with the lawful process of the said authorities,
such person shall be deemed to be guilty of contempt of the said authorities.
|
|
(5)
|
In the case of contempt of itself, the
Co-operative Appellate Court shall record the facts constituting such
contempt, and make a report in that behalf to the High Court:
|
|
(6)
|
In the case of contempt of a Co-operative
Court, the co-operative Court shall record the facts constituting such
contempt, and make a report in that behalf to the Co-operative Appellate
Court, and thereupon, that Court may, if it considers it expedient to do so,
forward the report to the High Court.
|
|
(7)
|
When any intimation or report in respect
of any contempt is received by the High Court under sub-section (5) or (6)
the High Court shall deal with such contempt as if it were contempt of
itself, and shall have and exercise in respect of it the same jurisdiction,
powers and authority in accordance with the same procedure and practice as it
has and exercises in respect of contempt of itself.
|
.jpg)
.jpg)
.png)
.png)