(1) No yerson, other then a. society registered, or deemed to be registered; under this Act and a. person or his successor in interest of any name 01’ title under which this Act comes into {w:ee, she‘ll without the eenction of the State GoVernment function, traée or carry on business under any name or title of Which the werd “Co—eperative,” or its equivalent in, any Indian language, forms part.
(:2) Every person eentravening the provisions of the foregoing subsection shall, on conviction, be yunished With fine Which may be extended to five hundred rupees. , 14:6° It shall be an offence under this Act, iféu
(as)
(b)
(0)
(d)
(e)
(f)
(g)
(h)
(i)
(i) (1!)
any member of a. Society transfers any property or interest in contravention of subsection (2) of section 47 or any peISOn knowingly acquires, 01' abets in the acquisition of, such groperty; or any employer end every director, manager, secretary or other officer or agent acting on behalf of such employer Who, without sufficient cause, fails to comply with subsection (2) of section 49 ; or a Board of a, Society or an officer or member thereof fails toinvest funds of such society in the manner required by section 70; or 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 01‘ a Central Covoperative Bank or an Urban Co-operative Bank, era. Postal Saving Bank;
or any person, collecting the share money for a society in formation, make use of the funds so raisad for conducting any business or trading in the name of a society to be registered or otherwise; or a. oommitee 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 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 sections 78,81,83,94 or 103 ; or 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 a. Board of a. society with a working capital of fifty thousand rupees or more, or any officer or a. member thereof, fails Withoutany reasonable excuse to give any notice, send any return or document, do or allow to be done or comply with orders made under section 79 ; or a. Board of a society or an officer or member thereof wilfully neglects or refuses to do any act, or to furnish any informa« tion required for the purposes of this Act by the Registrar, or other person duly authorised by him in writing in this behalf ; or a. Board _of a Society, or an officer or member thereof, wilfully makes a. false fetu‘rn, or. furnishes falsa information, or fails to maintain proper aeoounts ; or £51 m5 Punishment:
for offences under section 146 {1) , (m)
(0) ((1) any effiecr. memher‘ ageet or" eerVant of a Seeiety fails to comply with the reqeifements ei Subseectigfl {fit of eeetion 81 ; or , any effieer or member ef Society wilfully fails to comely with any decision; award 01‘ erder pegged. under section 96 ; or - a member of a society fraudulently dispeees of property over which the Society has a prier claim, 01‘ a member or officer or empioyer or any person riispeses of his property by sale, transfer, mortgage, gift or otherwise, with the fraudulent intention of evading the dues of the society ; or any officer of a society wilfully reeommende o: 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 persen ; or any officer or member of a Society destroys, mutilatee, tampers with, or etherWiSe alters, falsifies or secrets or is privy to the destructimn mutilation, aitemtion‘ falsification or secreting of any books, paper or security or makes, or is; privy to the making of any fame or fraudulent entry in any register, book of account 0.13 document belonging to the society ; 01‘ any officer or member of a seciety or any person does any ~aet deciareé by the rules to be an offence.
Explanatienw—‘Fer the purpose of this section, an officer or a.
member referred to in the seetion shall include past officer and past member, as the case may be.
147. Every society, officer or past oifieer, mem‘her oi: past member, employee of a society, or any other person. Who commite an offence under section 146 shall, on conviction, be punished 2
(a) if it is; anoifeaee under eiawme (a) of that Seetion, with.
impriSoumeut fer a term which may estenite six months, or With fine which may extend to five thousand. rupees, or with both ;
if it is an offence under eiause (b) of the section, yvith imprisonment for a term which may extend to one month, or with fine whieh may extend to fire hundred rupees,- or With both ;
if it is an :ffcne‘: :nder clause ((3) ef that section, with fine which may e<tend to five hundred rztrpees ; ' if it is en ofi'ence under clause (d) 0‘5 that sectien, With fine which may extend to five hundred ru‘eeee ;, if it is an offence under clause ' (e) of $3219.19 section with imprisonment for a term whieh may extend to one year, or With finey or With both ; _ _ y if it is en offence under clause (i) sf that eeetien, With fine Which may extend to two hundredan fifty riagees ;
(g) if it is an offence under clause {3 of that section, with fine which may extend to five hundreé rupees ;
(h) if it is an ofienee under clause (11) of that section, with fine which may extend to five hundred rupees ;
if it is an (fiance unde clause (5? of that section, With fine which may extend to five hundred rupees ;
r - .
w 0 ‘ 1 ' {j} if it is an offence under c]a,uSe (j) of that Section, With imprisonnient for a term Which may extend :0 one month or With fine Which may extend to five hundred rupees, or with both ;
(k2 if it is en offence under clause (1:) of that section, With imprisonment for a term which may extend to one year, or with fine Which may extend to two thousand ruIees, 01' With both ;
(i) if it is an offence under clause f]) of that ~ection, With fine which may extend to one hundred rupees ;
(m) if it is an ofl'ence under eiause (m) of that section, With imprisnhment for a term Which may extend to six months or with ‘fine which may extend to five hundred rupees, or with hath ;
(n) if it is an ofl'ence under clause (n) of that section, with imyrisonr’nent for a term which may extend to six months, or with fine Which may extend to one thousand rupees, or with both ;
{0) if it is an ofi'ence under ciause (n) of that section, With impriwémmeut for a term which n ay extend to two years, 01‘ with fine, or with both ;
(p) ifit is an efi‘ence under clause (p) of that section, with imprisonment for a term Which may extend ’50 three years;
0: With fine, or with both ;
(q) if it is an offence under elaua-‘e (q) of that section, with " fiine which may extend to two hundred and fifty rupees.
1:3 (1) No Ceurt inierier a that of a Chief Judicial Magistrate er 8» Judicial Magistrate of jet Class shall try any offence under this Act. ' (.2) .‘éé’otwithstanding anything contained in the Code of Criminal Procedure, 1:473 it shall be lawful for a Chief Judicial Magistrate er a Judicial Magistrate ef the First Class to pass a sentence of fine on any person eonvietefl efan offence under clause {b} of section 146 as provided under section 147‘ in exercise of his pen en's under section 29 of that (Vode.
(”3) N0 Court shall take cognizance of offence under clause (b) of Section 14:6 and any other offences under this Act except upon a complaint by an offieei' duly authorised by the Registrar in this behalf and except with previous sanction of the State Government in case of offence under clause (1)) of 146 and of the Registrar in the ease of other offence under this hot:
63 Cognizance of offences.
Manipur State Gen operative Tribunal.
CHAPTER XIII APPEALS, REVIEW AND REVIfiION 149 (1) The State Government shall constitute a. Tribunal called the Manipur State Co-operative Tribunal, to exercise the functions conferred on the Tribunal by or under this Act.
(2) The Presiding Officer, Revenue Tribunal appointed by the State Government as such shall be deemed to be the Manipur State Co-opemtive Tribunal for the purposes of this Act.
(3) The Tribunal may call for and examine the record of any proceedings in Which an appeal lies to it, for the purpose of satisfying itSelf as to the legality or propriety of any decision or order passed.
If in any case, it appears to the Tribunal that any such decision or order should be modified, annulled 0r reversed, the Tribunal may pass Inch order thereon as it may deem just,
(4) Where an appeal or application is made to the Tribunal under this Act it may, in order te prevent the ends of justice being defeated, make such interlocutory orders pending the decision of the appeal or application, as the case may be, may appear to it to be just and convenient, or such orders as may be necessary for the ends of justice, or to prevent the abuse of the process of the Tribunal.
(5) An order passed in appeal, or in revision under sub-lection (3), or in review under section 150 by the Tribunal shall be final and conclusive, and shall not be called in question in any Civil or Revenue Court.
Exelanation :-—The Tribunal hearing an appeal under this Act shall exercise all the powers conferred upon an appellate Court by section 97 and Order X $1 in the First Schedule of the Code of Civil Procedure, 1908.