Cognizance of offences

It is proposed to amend section 111 to provide for the sanction of the Registrar for launching a criminal case in respect of all matters concerning a co-operative credit structure society in keeping with MoU. It is also proposed to provide that no sanction of the Registrar or the Director of Cooperative Audit is necessary for filing criminal complaints against the concerned for misappropriation. (1) No court inferior to that of a Magistrate of the First Class shall try any offence under this Act. (2) No prosecution shall be instituted under this Act without the previous sanction of,- (a) the Director of Co-operative Audit in respect of matters arising out of audit other than matters relating to co-operative credit structure society; (b) the Registrar in respect of all other matters including matters relating to audit in respect of cooperative credit structure society. Provided that no sanction of the Registrar or the Director of Cooperative Audit shall be necessary for filing criminal complaints against the delinquents for alleged misappropriation or embezzlement of funds of a cooperative society detected during the course of audit, inquiry or inspection or in the normal course of business of a cooperative society. (3) The sanction under sub-section (2) shall not be given,— (i) without giving to the person concerned an opportunity to represent his case; (ii) if the [Director of Co-operative Audit] or the Registrar, as the case may be is satisfied that the person concerned has acted in good faith. (1) No court inferior to that of a Magistrate of the First Class shall try any offence under this Act. (2) No prosecution shall be instituted under this Act without the previous sanction of,- (a) the Director of Co-operative Audit in respect of matters arising out of audit other than matters relating to co-operative credit structure society; (b) the Registrar in respect of all other matters including matters relating to audit in respect of cooperative credit structure society. Provided that no sanction of the Registrar or the Director of Cooperative Audit shall be necessary for filing criminal complaints against the delinquents for alleged misappropriation or embezzlement of funds of a cooperative society detected during the course of audit, inquiry or inspection or in the normal course of business of a cooperative society. (3) The sanction under sub-section (2) shall not be given,— (i) without giving to the person concerned an opportunity to represent his case; (ii) if the Director of Co-operative Audit or the Registrar, as the case may be is satisfied that the person concerned has acted in good faith.