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Bare acts > Maharashtra Co-operative Societies Act, 1960 > Section 146
 
  


 

146. Offences.- It shall be a 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 every director, manager, secretary or other officer or agent acting on behalf of such 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 Cooperative 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 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 he of that expression in the Explanation to clause (i) of sub -section ( 1) of section 73-FF; or;


(f) a committee of a society, or an officer or member thereof, fails to comply with the provisions of sub -sections ( 2), ( 3) or ( 4) of section 75; or

(g) 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 section 78, 81, 84. 94 or 103; or


(h) 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 section 78 or 103; 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) 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 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, 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 society fails to comply with the requirements of sub -section ( 4) of section 81; or


(m) any officer or a member of a society wilfully fails to comply with any decision, award or order passed under section 96; or

(n) 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; or

(o) any officer of a society wilfully recommends or sanctions for hi s 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, multilation, 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.

 

 

 

 

 

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