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Section 116

The Arunachal Pradesh Co-Operative Societies Act, 1978 (Act No. 3 of 1979)State Act of Arunachal Pradesh · Act 3 of 1979

(1) No person, other than a society registered or deemed to be registered, under this Act, and a person or his successor in interest of any name of title under which he traded or carried on business at the date on which this Act comes into force, shall without the sanction of the Government, function, trade or carry on business under any name or title of which the word "Co-operative", or its equivalent in any India language, forms part.

(2) Every person contravening the provisions of the foregoing sub-section shall on conviction, be punished with fine which may extend to five hundred rupees.

117. It shall be an offence under this Act, if - a. any member of a society transfers any property or interest in the property in contravention of sub-section (2) of section 48 or any person knowingly acquires, or abets in the acquisition of, such property;

b. any employer and 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 50 ; 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 71 ; or d. any person, collecting share money for a society information does not within a reasonable period deposit the same in the Apex Bank, or an urban Co-operative Bank, or Postal Savings Bank ; or e. any person, collecting 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 be registered or otherwise ; or f. a committee of a society, or an officer member thereof fails to comply wjth the provisions of sub-sections (2), (3) or (4) of section 76 ; 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 authorized by the State Government or the Registrar under Sections 79, 82, 84, 86 or 98 or 107 ; 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 79 or 107 ; or

1. 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 80, or j. a committee of a society or an officer or member thereof willfully neglects or refuse to do any act, or to furnish any information required for the purposes of this Act, the Registrar, or other person duly authorized by him in writing in this behalf; or XL VI I of 1961 .

Prohibition of use of the word cooperative.

Offences.

k. a committee of a society or an officer or member thereof willfully makes a false return or furnishes false information or fails to maintain proper accounts ;

I. any member, officer, agent or servant of a society fails to comply with the requirements of sub-section (4) of section 82 ; or m. any officer or a member of a society willfully fails to comply with any decision, award or order passed under section 97 ; 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 willfully recommends or sanctions for his 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, mutilation, alteration, falsification or secreting of any books, paper 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.

118. Every society, officer or past officer, member or past member, or past employee of a society, or any other person who commits an offence under section 117 shall, on conviction be punished, - a. if it is an offence under clause (a) of that section, with imprisonment for a term which may extended to six months or with fine which may extend to five hundred rupees, or with both ;

b. if it is an offence under Clause (b) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both ;

c. if it is an offence under clause (c) of that section, with fine which may extend to five hundred rupees ;

d. if it is an offence under clause (d) of that section, with fine which may extend to five hundred rupees ;

e. if it is an offence under clause (e) of that section, with imprisonment for a term which may extend to one year, or with fine, which may extend to one thousand rupees, or with both ;

f. if it is an offence under clause (f) of that section, with fine which may extend to two hundred and fifty rupees ;

g. if it is an offence under clause (g) of that section, with fine which may extend to five hundred rupees ;

h. if it is an offence under clause (h) of that section, with fine which may extend to five hundred rupees ;

1. if it is an offence under clause (i) of that section, with fine which may extend to five hundred rupees;

J. if it is an offence under clause U) of that section, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both ;

k. if it is an offence under clause (k) of that section, with imprisonment for a term which may extend to one year or with five which may extend to two thousand rupees, or with both ;

I. if it is an offence under clause (I) of that section, with fine which may extend to one hundred rupees ;

m. if it is an offence under clause (m) of that section, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred Punishment for offences under section

117.

rupees, or with both ;

n. if it is an offence under clause (n) of that section, with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or o. it is an offence under clause (o) of that section, with imprisonment for a term which may extend to three years, or with fine or with both ;

p. if it is an offence under clause (p) of that section, with imprisonment for a term which may extend to three years, or with fine or with both ;

q. if it is an offence under clause (q) of that section, with fine which may extend to two hundred and fifty rupees.

Where this provision sits

ActThe Arunachal Pradesh Co-Operative Societies Act, 1978 (Act No. 3 of 1979)
Section116
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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