Section 45 in Jharkhand Co-operative Societies Act, 2008
45. Offences and Penalties.
(1)It shall be an offence under this Act, if a registered society: -a. fails to give a notice, send a return or document or fails to do or allows to be done any act which a registered society is by this act or under its bye laws required to give, send, do or allow to be done;b. willfully neglects or refuses to do an act or to furnish information required for the purposes of this Act or does an act forbidden by this Act or the bye-laws;c. makes a return, or willfully furnishes information in any respect which is false or insufficient;d. indulges in fraudulent activities concerning the constitution, management and business of the registered society;e. misuses the funds and property of the registered society; orf. indulges in the conduct of elections to the Board in "corrupt practices" as defined under section 123 of the Representation of People Act, 1951.(2)It shall be an offence under this Act, if any person or a registered society contravenes the provisions of this Act or the by-laws of the registered society.(3)An offence by a Co-operative Society or self supporting co-operative society shall be deemed to have been also committed by each office-bearer of the Co-operative Society or self supporting co-operative society, an officer or member of a co-operative society or any person appointed under sub section (2) of section 41, bound by the bye-laws thereof to fulfil the duties whereof the breach is an offence, or if there is no such office bearer then each of the directors, unless the office bearer or director, as the case may be, proves to have attempted to prevent the commission of the offence.(4)An offence under this section shall be punishable with simple imprisonment for a term which may extend to three years or with fine which may extend to Rs. 5,000/- (Rupees Five Thousands Only), or with both.Provided that where a person is guilty of misappropriation, fraud, breach of trust, cheating or any other act involving moral turpitude, resulting in a loss to the registered society he shall be punishable under the relevant provisions of the Indian Penal Code, 1860.
