Section 109 in Rajasthan Co-operative Societies Act, 2001
109. Offences and punishment.
(1)It shall be an offence under this Act, if -(a)any person transfers any property in contravention of sub-section (2) of section 38; or(b)any member or his guarantor or surety or the nominee, heir or legal representative of deceased member alienates the whole or any part of any property specified in the declaration in contravention of clause (c) of section 39; or(c)any employer and every Director, Manager, Secretary or other officer or agent acting on behalf of such employer who without sufficient cause, fails to make deductions under section 41; or(d)a committee of a co-operative society or an officer or member thereof fails to invest funds of such society in the manner required by section 49; or(e)any person collecting share money or any other money for a co-operative society in formation, does not, within a reasonable period, deposit the same in the Government Savings Bank or with any bank or person carrying on the business of banking approved for this purpose by the Registrar or in any other mode permitted by the rules; or(f)any person, collecting the share money or any other 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 to be registered or otherwise; or(g)a committee of a society, or an officer or member thereof, fails to comply with the provision of sub-section (1) of section 25; or(h)any officer or member of a co-operative society or any other person in possession of, or reasonably believed to be in possession of, or legally bound to keep in possession, any information, books and records, fails to furnish such information or produce books and records, or to give assistance to person appointed or authorised by the Government or the Registrar. .under sections 30, 31, 54, 60 or 63; or(i)any officer of a co-operative society fails to handover the custody of books, records, cash, security and other properties belonging to the society of which he is an officer to a person appointed under section 30 or 63, or to an officer elected. or appointed in his place; or(j)a committee of a co-operative society or an office or member thereof, willfully neglects or refuses to do any act, or to furnish any information required for the purpose of this Act by the Registrar, or other person duly authorised by him in writing in this behalf; or(k)a committee of a co-operative society, or an officer or member thereof, willfully makes a false return or furnishes false information, or fails to maintain proper accounts, or(l)any officer, member, agent or servant of a co-operative society fails to comply with the requirement of sub-section (2) of section 54; or(m)any officer or member of a society willfully fails to comply with any decision, award or order passed under section 60; or(n)a member of a co-operative 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 co-operative society willfully recommends or sanctions for his 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, papers 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 co-operative society, or any person does any act declared by the rules to be an offence; or(r)The Chief Executive officer of the society fails to communicate the request to the [State Election Commission] [Substituted by Rajasthan Act No. 11 of 2003 dated 8-4-2003.] as required under sub-section (4) of section 30 or sub-section (1) of section 34.Explanation.-for the purpose of this section an officer or a member referred to in the section shall include a past officer or a past member, as the case may be.(2)every society, officer or past officer, member or past member, employee or past employee of a society, or any other person, who commits an offence under sub-section (1) shall, on conviction, be punished. -(a)if it is an offence under clause (a) of sub-section (1), with imprisonment of a term which may extend to six months, or with fine which may extend to [twenty five thousand rupees] [Substituted 'five thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.], or with both;(b)if it is an offence under clause (b) of sub-section (1), with imprisonment for a term which may extend to six months, o with fine which may extend to [fifty thousand rupees] [Substituted 'ten thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.], or with both;(c)if it is an offence under clause (c) of sub-section (1), with a fine which may extend to [twenty five thousand rupees] [Substituted 'five thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(d)if it is an offence under clause (d) of sub-section (1), with fine which may extend to [two thousand five hundred rupees] [Substituted 'five hundred rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(e)if it is an offence under clause (e) of sub-section (1), with fine which may extend to [two thousand five hundred rupees] [Substituted 'five hundred rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(f)if it is an offence under clause (f) of sub-section (1), with imprisonment for a term which may extend to one year, or with fine which may extend to [ten thousand rupees] [Substituted 'two thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.], or with both;(g)if it is an offence under clause (g) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to One year and with fine which may extend to [ten thousand rupees] [Substituted 'two thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(h)if it is an offence under clause (h) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to [twenty five thousand rupees] [Substituted 'five thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(i)if it is an offence under clause (i) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to [twenty five thousand rupees] [Substituted 'five thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(j)if it is an offence under clause (j) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to [ten thousand rupees] [Substituted 'two thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.]:(k)if it is an offence under clause (k) of sub-section (1), with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which may extend to [ten thousand rupees] [Substituted 'two thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(l)if it is an offence under clause (l) of sub-section (1),with fine which may extend to [five thousand rupees] [Substituted 'one thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(m)If it is an offence under clause (m) of sub-section (1), with imprisonment for a term which may extend to six months, or with fine which may. extend to [twenty five thousand rupees] [Substituted 'five thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.], or with both;(n)If it is an offence under clause (n) of sub-section (1), with imprisonment for a term which may extend to six months, or with fine which may extend to [five thousand rupees] [Substituted 'one thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.], or with both;(o)If it is an offence under clause (o) of sub-section (1), with imprisonment for a term which may extend to two years, or with fine which may extends to [twenty five thousand rupees] [Substituted 'five thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.], or with both;(p)If it is an offence under clause (p) of sub-section (1), with imprisonment for a term which may extend to three years, or with fine which may extend to [ten thousand rupees] [Substituted 'two thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.], or with both;(q)If it is an offence under clause (q) of sub-section (1), with fine which may extend to [ten thousand rupees] [Substituted 'two thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.];(r)If it is an offence under clause (r) of sub-section (1), with fine which may extend to [twenty five thousand rupees] [Substituted 'five thousand rupees' by Rajasthan Act No. 11 of 2016, dated 25.4.2016.].
