THE HIMACHAL PRADESH CO-OPERATIVE SOCIETIES ACT
Chapter XIII OFFENCES AND PENALTIES
Chapter XIII OFFENCES AND PENALTIES
96. Offences.
(1) Any person other than a co-operative society carrying on a business under any name or title of which the word “co-operative”, or its equivalent in any Indian language is part without the sanction of the Government, shall be punishable with fine which may extend to Rs. 200 and in the cases of a continuing breach with a further fine which may extend to Rs. 5 for every day during which the breach is continuing after conviction for the first such breach. (2) Any member or past member or the nominee, heir or legal representative of a deceased member of a co-operative society who contravenes the provisions of section 47 and 52 by disposing of any property in respect of which the society is entitled to have a first charge under that section or do any other act to the prejudice of such claim, shall be punishable with fine which may extend to Rs. 500. (3) A co-operative society or an officer or member thereof, wilfully making a false return or furnishing false information, or any person wilfully or without any reasonable excuse disobeying any summons, requisition or lawful written order issued under the provisions of this Act or wilfully not furnishing any information required from him by a person authorised in this behalf under the provisions of this Act, shall be punishable with fine which may extend to Rs. 200. (4) Any employer who, without sufficient cause, fails to pay to a society the amount deducted by him under section 46 within a period of fourteen days from the date on which such deduction is made shall without prejudice to any action that may be taken against him under any law for the time being in force, be punishable with fine which may extend to Rs. 500. (5) Any officer or custodian who wilfully fails to hand over custody of books, records, cash, security and other property belonging to a society, of which he is an officer or custodian, to a person entitled under sections 38, 70 and 79 shall be punishable with fine which may extend to Rs. 200 and in the case of a continuing breach with a further fine which may extend to Rs. 5 for every day during which the breach is continued after conviction for the first such breach. (6) Any person who fraudulently acquires or abets in the acquisition
Chapter XIII OFFENCES AND PENALTIES
97. Cognizance of offences.
(1) No court inferior to that of a magistrate first class shall try any offence under this Act. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), every offence under this Act shall for the purposes of the said Code be deemed to be non-cognizable. (3) No prosecution under this Act shall be instituted without the previous sanction of the Registrar and without a complaint in writing made by him or by any person authorised by him in this behalf.
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