The Rajasthan Co-Operative Societies Act, 2001
Chapter XV OFFENCES AND PENALTIES
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Chapter XV OFFENCES AND PENALTIES
108. Prohibition against misuse of the word 'Co-operative'
Statutory text
- (1) No person other than a co-operative society shall trade or carry on business under any name or title of which the word 'co-operative' or its equivalent in any Indian language is a Part.
- (2) Every person contravening the provisions of sub-section (1) shall on conviction, be punished with fine which may extend to five thousand rupees and in the case of a continuing offence, with a further fine or rupees one hundred for each day on which the offence is continued after conviction therefor.
Chapter XV OFFENCES AND PENALTIES
109. Offences and punishment -
Statutory text
- (1) It shall be an offence under this Act, if -
- (a) any person transfers any property in contravention of 84[ subsection (3)] of section 38; or
- (b) any member or his guarantor or surety or the nominee, heir or legal representative of deceased member alienates the whole or any part of any property specified in the declaration in contravention of clause (c) of section 39; or
- (c) any employer and every Director, Manager, Secretary or other officer or agent acting on behalf of such employer who without sufficient cause, fails to 85[make deductions and pay the amount so deducted] under section 41; or
- (d) a committee of a co-operative society or an officer or member thereof fails to invest funds of such society in the manner required by section 49; or
- (e) any person collecting share money or any other money for a co-operative society in formation, does not, within a reasonable period, deposit the same in the Government Savings Bank or with any bank or person carrying on the business of banking approved for this purpose by the Registrar or in any other mode permitted by the rules; or
- (f) any person, collecting the share money or any other 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
- (g) a committee of a society, or an officer or member thereof, fails to comply with the provisions of sub-section (1) of section 25; or
- (h) any officer or member of a co-operative society or any other person in possession of, or reasonably believed to be in possession of, or legally bound to keep in possession, any information, books and records, fails to furnish such information or produce books and records, or to give assistance to person appointed or authorised by the Government or the Registrar under sections 86[ 30, 31, 55, 60 63 or 122-A or to the auditor or auditing firm appointed under section 54]; or
- (i) any officer of a co-operative society fails to handover the custody of books, records, cash, security and other properties belonging to the society of which he is an officer to a person appointed under section 30 or 63, or to an officer elected or appointed in his place: or
- (j) a committee of a co-operative society or an officer or member thereof wilfully neglects or refuses to do any act, or to furnish any information required for the purpose of this Act by the Registrar, or other person duly authorised by him in writing in this behalf; or
- (k) a committee of a co-operative society, or an officer or member thereof, wilfully makes a false return, or furnishes false information, or fails to maintain proper accounts; or
- (l) any officer, member, agent or servant of a co-operative society fails to comply with the requirement of sub-section (2) of section 54; or
- (m) any officer or member of a society wilfully fails to comply with any decision, award or order passed under section 60; or
- (n) a member of a co-operative 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; or
- (o) any officer of a co-operative society wilfully recommends or sanctions for his 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 co-operative society, or any person does any act declared by the rules to be an offence; or 87[(r) any person wilfully or without any reasonable excuse disobeys any summons, requisitions or lawful written order issued under the provisions of this Act; or] 88[(s) any person, who before, during or after the elections of members of the committee or its office bearers, adopts any corrupt practice.] Explanation :- For the purpose of this section, an officer or a member referred to in the section shall include a past officer or a past member, as the case may be.
- (2) 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 sub-section (1) shall, on conviction, be punished, -
- (a) if it is an offence under clause (a) of sub-section (1), with imprisonment of a term which may extend to six months, or with fine which may extend to 89[twenty five thousand rupees], or with both
- (b) if it is an offence under clause (b) of sub-section (1), with imprisonment for a term which may extend to six months or with fine which may extend to 90[fifty thousand rupees], or with both;
- (c) if it is an offence under clause (c) of sub-section (1), with a fine which may extend to 90[twenty five thousand rupees];
- (d) if it is an offence under clause (d) of sub-section (1), with fine which may extend to 90[two thousand five hundred rupees];
- (e) if it is an offence under clause (e) of sub-section (1), with fine which may extend to 91[two thousand five-hundred rupees];
- (f) if it is an offence under clause (f) of sub-section (1), with imprisonment for a term which may extend to one year, or with fine which may extend to 91[ten thousand rupees], or with both;
- (g) if it is an offence under clause (g) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to 91[ten thousand rupees];
- (h) if it is an offence under clause (h) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to 91[twenty five thousand rupees];
- (i) if it is an offence under clause (i) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to 91[twenty five thousand rupees];
- (j) if it is an offence under clause (j) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to 91[ten thousand rupees];
- (k) if it is an offence under clause (k) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to 91[ten thousand rupees];
- (l) if it is an offence under clause (l) of sub-section (1),with fine which may extend to 92[five thousand rupees];
- (m) if it is an offence under clause (m) of sub-section (1), with imprisonment for a term which may extend to six months, or with fine which may extend to 93[twenty five thousand rupees], or with both;
- (n) if it is an offence under clause (n) of sub-section (1), with imprisonment for a term which may extend to six months, or with fine which may extend to 93[five thousand rupees], or with both;
- (o) if it is an offence under clause (o) of sub-section (1), with imprisonment for a term which may extend to two years, or with fine which may extend to 93[twenty five thousand rupees], or with both;
- (p) if it is an offence under clause (p) of sub-section (1), with imprisonment for a term which may extend to three years, or with fine which may extend to 93[ten thousand rupees], or with both;
- (q) if it is an offence under clause (q) of sub-section (1), with fine which may extend to 93[ten thousand rupees]; 94[(r) if it is an offence under clause (r) of sub-section (1), with imprisonment for a term which may extend to one year, or with fine which may extend to 96[twenty five thousand rupees], or with both;] 95[(s) if its is an offence under clause (s) of sub-section (1), with imprisonment for a term which may extend to three years, or with fine which may extend to 96[ten thousand rupees], or with both.]
Chapter XV OFFENCES AND PENALTIES
110. Cognizance of offences
Statutory text
- (1) No court inferior to that of a Magistrate of the First Class shall try any offence under this Act.
- (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), it shall be lawful for a Magistrate of the First Class to pass a sentence of fine on any person convicted of an offence under clause (b) of sub-section (1) of section 109 as provided under sub-section (2) thereof in excess of his powers under section 29 of that Code.
- (3) No prosecution under this Act shall be initiated, except with the previous sanction of the Government in the case of an offence under clause (c) of sub-section (1) of section 109 and of the Registrar, Cooperative Societies, Rajasthan in the case of any other offence under this Act. Such sanction shall not be given, except after hearing the party concerned, by an officer authorised in this behalf by the Government by a general or special order, or by the Registrar, Co-operative Societies, Rajasthan as the case may be.
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