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Section 12: Penalties

The S.k.v.a. Co-Operative Pharmacy and Stores (Acquisition and Transfer of Undertaking) Act, 1976State Act of Kerala · Act 29 of 1976

(1) Any person, who—

(a) having in his possession, custody or control any property forming part of the undertaking of the Society, wrongfully withholds such property from the Government or the Company; or

(b) wrongfully obtains possession of any property forming part of the undertaking of the Society which has vested in the Government or the Company under this Act; or

(c) wilfully withholds or fails to furnish to the Government or the Company as required by sub-section (2) of section 6, any document which may be in his possession, custody or control, shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both:

Provided that the court trying any offence under clause (a) or clause (b) or clause (c) of this sub-section may, at the time of convicting the accused person, order him to deliver up or refund, within a time to be fixed by the court, any property or cash wrongfully withheld or obtained or any document wilfully withheld or not furnished.

(2) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government or of an officer authorised by the Government in this behalf.

Where this provision sits

ActThe S.k.v.a. Co-Operative Pharmacy and Stores (Acquisition and Transfer of Undertaking) Act, 1976
Section12
Marginal notePenalties
JurisdictionState of Kerala
StatusIn force as published by the source

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