(1) No Court inferior to the Court of a Metropolitan Magistrate Cognizance or a Judicial Magistrate of the first class shall try any offence under this of offences.
Act.
2 of 1974. (2) For the purpose of the Code of Criminal Procedure, 1973, every offence under this Act shall be deemed to be non-cognizable.
(3) No prosecution shall be instituted under this Act without the previous sanction of the Registrar.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under section 403 of the Indian 45 of 1860.
Penal Code in respect of any movable property of a co-operative society shall be cognizable.
387 The West Bengal Co-operative Societies Act, 1983.
[West Ben. Act (Chapter XVJ.—Offences, penalties and procedure.—Sections 140-142.)
(5) A prosecution under this Act shall be instituted by the Registrar or any person authorised by him in this behalf and all expenses for a prosecution instituted on the request of a co-operative society shall be borne by or recoverable from such co-operative society.
Presumption 140. (1) A register of members or shares maintained by a co-operative entry raised inby society in the prescribed manner shall be prima facie evidence of— register of members.
(a) the date on which the name of any person has been entered in such register as a member of such co-operative society, and
(b) the date on which any such person has ceased to be a member of such co-operative society.
(2) If for any person the register of members or shares is not available, the detailed list of members with shareholding enclosed with the audit report, if any, shall be treated as prima facie evidence of membership as on the date the balance sheet is drawn up.
Proof of entry in book of cooperative society.
Punishment for corrupt practices.