Section 115 in The Orissa Co-operative Societies Act, 1962
115. Offences.
(1)Any person other than a Society carrying on business under any name or title of which the word 'Co-operative' or its equivalent in any Indian language, is part, without the sanction of the State Government shall be punishable with the fine which may extend to [ten thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).].(2)Any member or past member or the nominee, heir or legal representative of a deceased member of a Society who contravenes the provisions of Section 34 by disposing of any property in respect of which the Society is entitled to have a first charge under that Section or does any other act to the prejudice of such claim, shall be punishable with fine, which may extend to [ten thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).] or with simple imprisonment which may extend to one month or with both.(3)A Society or an officer or a member thereof wilfully making a false return or furnishing false information; or any person wilfully or without any reasonable excuse disobeying any summons, requisition or lawful written order issued under the provisions of this Act, or wilfully not furnishing any information required from him by a person authorised in this behalf under the provisions of this Act, shall be punishable with fine which may extend to [ten thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).].(4)Any employer [* * *] [Deleted by Orissa Act 19 of 1983 Section 25-See Orissa Gazette Extraordinary dated 11.10.1983.] who, without sufficient cause, fails to pay to a Society the amount deducted by him under Section 35, within a period of fourteen days from the date on which such deduction is made shall, without prejudice to any action that may be taken against him under any law for the time being in force, be punishable with fine which may extend to [twenty thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).].(5)(a)An Officer or member who destroys, mutilates, alters, falsifies or abets the destruction, mutilation, alteration, falsification or any book, paper or security or makes or abets the making of any false or fraudulent entry in any register, book of account or document belonging to a Society and such action is not done in good faith; or(b)An officer or member of a Society or any other person who does any act or omission declared by the rules to be an offence, shall be punishable with fine which may extend to [ten thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).].(6)Any officer of a Society who,having ceased to hold office and having remained in possession at the time of such cessation of any document, cash, valuable security or other property which belongs to Society or the custody whereof lawfully belongs to such Society, without sufficient cause refuses, neglects or fails to deliver up the same to his successor in office shall be punishable with fine which may extend to [fifteen thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).] or with simple imprisonment which may extend to three months or with both.(7)Any officer of Society who having the power, by or under the Bye-Laws of the Society, to remain in custody, of any cash belonging to the Society keeps in his custody, without reasonable cause, any such money in excess of the permissible limit beyond the period allowed under the said Bye-Laws or any other manner not permitted thereunder shall be punishable with fine which may extend to [fifteen thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).] or with imprisonment which may extend to one year or with both.(8)[ If any officer of a Society or any of his near relatives having common economic interest fails to repay the total demand of the Society outstanding against by him by the due date, the Registrar will be informed within fifteen days of such due date failing which the officer or employee of the Society responsible for sending such information shall be punishable with fine which may extend to [ten thousand rupees] [Inserted by Orissa Act 21 of 1970 Section 12-See Orissa Gazette Extraordinary dated 26.10.1979.].(9)If the Secretary or the Executive Officer of the Society fails to send the intimation in due time as required by Sub-Section (3) of Section 28-A, he shall be punishable with fine which may extend to [eighteen thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15 (O.A. No. 11 of 2004).] or with simple imprisonment which may extend to two months.](10)[ An applicant for a loan from a Co-operative Agricultural and Rural Development Bank, who wilfully makes a false or defective declaration, shall be punishable with fine which may extend to [eighteen thousand rupees] [Inserted by Orissa Act 1 of 1975 Section 8-See O. G. E. 25.1.1979.] or with imprisonment which may extend to six months or with both.](11)[ Any person disobeying a lawful written directive of the Chief Electoral Officer of the Co-operative Societies, issued under Section 28-A in connection with the holding or conduct of any election under this Act, shall be punishable with fine which may extend to [fifteen thousand rupees] [Inserted by Orissa Act 28 of 1991, Section 51, dated 31.12.1991, force w.e.f. 11.9.1992.], or with imprisonment which may extend to one year, or with both.(12)Any person wilfully indulging in any corrupt practice, prohibited act, disorderly conduct or misconduct within the meaning of Section 28-A shall be punishable with fine which may extend to [eighteen thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15(O.A. No. 11 of 2004).], or with imprisonment which may extend to one year, or with both.(13)Any person required under this Act, Rules or the Bye-Laws to hold or conduct elections for constituting a successor-Committee of an outgoing Committee or a Committee ceasing to exist or standing dissolved in accordance with the provisions of this Act or for filling up a vacancy in an existing Committee in the manner and within the time prescribed, wilfully avoiding to take action as aforesaid shall be punishable with fine which may extend to [eighteen thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15(O.A. No. 11 of 2004).], or imprisonment which may extend to one year, or with both.(14)Save as provided under this Act, or Rules, any member or President of a Committee, wilfully continuing in his office as such after ceasing to be so or incurring the disqualifications specified under this Act, and also any person wilfully aiding the continuance in office of such member or President, shall be punishable with fine which may extend to [eighteen thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15(O.A. No. 11 of 2004).] or imprisonment which may extend to one year or with both.(15)Any present or past office-bearer, officer, or employee of a Society, causing any deficiency in the assets of a Society by breach of trust, wilful negligence, misappropriation, fraudulent or unauthorised retention, or by making payment contrary to the provisions of this Act, Rules or the Bye-Laws, or by any other act or omission not lawful or done in good faith, shall be punishable with fine which may extend to [eighteen thousand rupees] [Substituted vide O.G.E. No. 1832 dated 27.12.2004 Section 15(O.A. No. 11 of 2004).], or with imprisonment which may extend to one year, or with both.](16)[ Any office bearer, member, officer, employees of the Co-operative Society, causing wilful negligence, in maintenance and preservation of book; and accounts of the Society and in submission of the records to the Registrar, Auditor General and other authorities requiring the same under this Act, and the rules, shall be punishable with fine which may extend to five thousand rupees or with imprisonment which may extend to one year or with both.] [Inserted vide O.G.E. No. 1832 dated 27.12.2004 Section 15(O.A. No. 11 of 2004).]
