(1) Where, as the result of an audit under section-81 or an inquiry under section-87 or an inspection under section-88 or a report made in the course of the winding up of a registered society, it appears to the Registrar that any member, officer or employee past or present, of the society has at any time within a period of four years prior to the date of such audit .inspection, inquiry or report, as the case may be, -
(a) intentionally, whether individually or as an assenting member of any managing or other controlling body, made or authorised any payment or granted any loan which is contrary to the provision of this Act or to the rules or bye-laws or failed to take timely steps to recover any loan at the due date or it was being improperly utilized ; or
(b) was grossly negligent in respect of any loss or deficiency,
(c) failed to bring into account any sum which ought to have been brought into account; or
(d) misappropriated or fraudulently retained any property of the society ; or
(e) committed breach of trust in relation to the society, the Registrar may inquire into the conduct of such officer or members of the managing or other controlling body.
(2) The Registrar may similarly inquire into the conduct relating to the affairs of the society or of any member, officer or employees, past or present, of a registered society on the application of the present controlling or managing body of the society or liquidator, or any creditor, or any other registered society to which the society is affiliated or any contributory.
THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 419
(3) Upon such inquiry giving such member, officer or employee an opportunity of being heard and in the case of payment made contrary to the provision of this Act or rules or Bye-laws after affording such member, officer or employee time to recover the amount of such payment from the payee and credit it to the funds of the society, if such member, officer or employee fails to recover the amount then the Registrar may by an order in writing require such member, officer or employee to pay such sum with interest at such rate as the Registrar may direct, to the society by way of compensation in respect of such payment or loss or to restore such property as the Registrar thinks fit, and to pay such sum as the Registrar may fix to meet the cost of the proceedings under this section.
(4) Any award made by the Registrar under sub-section(3) shall be reduced to the form of a Cooperative Demand Certificate by the officer authorised to issue such certificates.
(5) This section shall apply notwithstanding that such member, officer or employee may by his act or omission have incurred in addition to criminal liability under this Act or any other law for the time being in force.
CHAPTER - XI PENALTY PUNISHMENT FOR FALSE RETURN,FALSE INFORMATION,DI SOBEYING SUMMONS, ORDER ETC.
PUNISHMENT FOR DISPOSING PROPERTY IN CONTRAVENTION OF SECTION-61
104. If a registered society or an officer or member thereof or any liquidator/
(a) willfully makes a false return or furnishes false information or willfully neglects or refuses to do any act required by this Act or any rules or bye-laws or does anything contrary to this Act or any rules, or bye laws or fails to submit returns; or
(b) any person willfully or without reasonable excuse disobeys any summons, requisition or lawfully written order issued under the provisions of this Act or does not produce document or cash balance of the society or does not furnish any information lawfully required from him by a person authorised in this behalf under the provisions of this Act or fail to maintain up-to-date account, record and other documents of the society required to be maintained by him under this Act or rules or bye-laws he shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence a further fine of fifty rupees for each day on which the offences are continued after conviction thereof.
105. Any member, past member or the nominee, heir or legal representative of a deceased member removing or otherwise disposing of any property on which a registered society holds a charge under section-61 with intent to defraud the society or with such intents doing any other act to the prejudice of the society's charge, shall be punishable with fine which may extend to five thousand rupees.
420 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 PENALTY FOR CERTAIN MISDEMEAN - OURS POWER TO ENFORCE PERFORMANCE OF OBLIGATIONS COGNIZANCE OF OFFENCE INDEMNITY BAR TO JURISDICTION - CIVIL OR REVENUE COURTS
106. Where it appears to the Registrar that any person has contravened the provisions of this Act or rules or bye-law -
(a) by sitting or voting or exercising his rights as a member, or as a member of any managing or controlling body, or voting in the affairs of a registered society as a representative of another society which is a member of such society, when such person was not entitled so to sit, vote or exercise such rights, as the case may be ; or
(b) by utilising a loan for a purpose different from that for which it was granted.; the Registrar may, after affording such person an opportunity to be heard by an order in writing, direct him to pay to the assets of the society by way of penalty such sum not exceeding five thousand rupees as the Registrar thinks fit.
107. Notwithstanding anything contained in this Act, where any registered society is required to take any action under the Act, the rules or bye-laws and such action is not taken within the time provided in this Act, the rules or bye-laws or within such time as the Registrar may specify by a notice in writing where no time is so provided, the Registrar may call upon any officer of the society whom he considers to be responsible for carrying out the directions, and after giving such officer an opportunity to be heard may require him to pay to the assets of the society such sum not exceeding rupees five thousand as the Registrar may think fit for each day until the Registrar's directions are carried out.
108.(1) No court inferior to that of a Magistrate of the first class shall try any offence under this Act.
(2) No prosecution for an offence under this Act shall be instituted without the previous sanction of the Registrar.
(3) Offences under this Act may be tried summarily.
CHAPTER-XII JURISDICTION
109. No suit, proceeding or prosecution whatsoever shall lie against the Registrar or any person acting on his authority, or against any liquidator in respect of anything done or purporting to be done in good faith under this Act.