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section 128

Offences

The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024
Corporate2024155 sections12 chapters
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Chapter XII INSURED CO-OPERATIVE BANK

Statutory text
  1. (1) It shall be an offence under this Regulation, if—
    • (a) any person makes a declaration referred to in section 26 which he knows or has reason to believe to be false;
    • (b) the officer or officers authorised under sub-section (3) of section 37 fail to discharge the functions as provided in the said section;
    • (c) any member of a society transfers any property or interest in property in contravention of sub-section (2) of section 52 or any person knowingly acquires or abets the acquisition of, such property;
    • (d) any employer or director, manager, secretary or other officer or agent acting on behalf of such employer without sufficient cause, fails to comply with sub-section (2) of section 54;
    • (e) a Committee of a society or an officer or member thereof fails to invest funds of such society in the manner required under section 63;
    • (f) 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 in any Nationalised Bank, or a postal savings bank;
    • (g) 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;
    • (h) any person before, during or after the election of members of the Managing Committee or office bearers, adopts corrupt practice;
      • (i) a retiring Chairperson to whom a direction has been issued under sub-section (2) of section 78, fails to comply with such direction;
    • (j) a Committee of a society or a member thereof fails to comply with the provisions of section 79;
    • (k) a Committee of a society or an officer or a member thereof, fails to comply with the provisions of sub-sections (2),
  2. (3) or (5) of section 81;
    • (l) 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 Administrator or the Registrar under sections 22,72, 74, 85, 86, 90, 92, 93, 94, 105 or 115;
    • (m) any officer of a society fails to hand over the custody of books, records, cash, security and other property belonging to the society of which he is an officer, to a person appointed under sections 22,72, 85, 86 or 115;
    • (n) a Committee of a society or any officer or a member thereof fails without any reasonable excuse to comply with orders made under section 87 or to give any notice, or to send any return or document, do or allow to be done anything, which the Committee, officer or member is by this Regulation required to give, send, do or allow to be done;
    • (o) a Committee of a society or an officer or member thereof wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Regulation by the Registrar or other person duly authorised by him in writing in this behalf;
    • (p) a Committee of a society, or any officer or member thereof, wilfully makes a false return, or furnishes, false information, or fails to maintain proper accounts;
    • (q) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under provisions of this Regulation;
    • (r) an officer or a society fails to comply with the order made by the Registrar under section 89; an officer, member, agent or servant of a society fails to comply with the requirements of sub-section (2) of section 90;
    • (t) an officer or a member of a society wilfully fails to comply with any decision, award or order passed under section 107;
    • (u) a member of a society fraudulently disposes of property over which the society has a prior claim, or a member or officer or employee or any person disposes of his property by sale, transfer, mortgage, gift or otherwise, with the fraudulent intention of evading the dues of the society;
      • (v) an officer of a society wilfully recommends or sanctions for his personal use or benefit or for use or benefit of a person in whom he is interested, a loan in the name of any other person;
    • (w) an officer or member of a society destroys, mutilates, tampers with, or otherwise alters, falsifies or secretes 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;
      • (x) a Committee of co-operative bank fails to comply with all or any of the clauses of section 125.
  3. (2) Where an offence under this Regulation has been committed by a Committee of a society, or Committee of co-operative bank, every person who at the time the offence was committed, was a member of such Committee, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment as provided in this Regulation, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

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