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State of Andhra Pradesh - Section

Section 83B in Andhra Pradesh Co-Operative Societies Act, 1964

83B. Presumption as to commission of offences in certain cases.

(1)In the trial of offences by the [x x x] [Omitted by Act No. 22 of 2001, dated 25.4.2001.] Court it shall be presumed until the contrary is proved that any member, officer or employee of a society ;
(a)who draws the amounts from the financing institutions and fails to properly disburse or account for it, has misappropriated the amounts ;
(b)who is responsible for the custody of books and properties or who is in actual possession thereof, fails to produce the same on requisition by the Registrar or any person authorised by him, has wilfully withheld the same ;
(c)who makes any false entries or manipulates or alters the account books of the society, has wilfully committed the said act in order to cause loss or damage to the society ;
(d)who misuses the properties of the society in contravention of the provisions of the Act and the rules made thereunder or the bye-laws of the society has done so, for his personal benefit;
(e)who executes any documents or enters into an agreement for sale or purchase of the land plots in contravention of the provisions of the registered bye-laws of the society, has done so for his personal benefit and in order to cause loss to the members of the society.
(2)Any member, officer or employee of a society who issues any receipt shall be deemed to have issued the same in the name of the society and shall be responsible to account for the same.
(3)Notwithstanding the criminal liability the member, officer or employee of a society shall be responsible to make good the loss caused to the society by committing such offences and the same shall be recovered as arrears of land revenue by the Registrar or the person authorised by him from the person responsible for causing such loss or his legal heirs or any person who has acquired the properties from such person or with the assistance of such person.