Section 55 in The M.P. Swayatta Sahakarita Adhiniyam, 1999
55. Offences.
(1)A person who makes or assists in making a report, return, notice or other document required by this Act to be sent to the Registrar or to any other person that-(a)contains an untrue statement of a material fact; or(b)omits to state a material fact required in the report or necessary to make a statement contained in the report not misleading in the light of the circumstances in which it was made, shall be guilty of an offence and shall on summary conviction, be punishable-(i)in the case of an individual, with a fine which may extend to rupees [ten thousand] [Substituted for 'one thousand' by M.P. Act No. 16 of 2010.] or with imprisonment for a term which may extend to three months or with both;(ii)in the case of a person other than an individual, with a fine which may extend to rupees ten thousand.(2)(a)If the person commits an offence under sub-section (1) is a cooperative which is a body corporate, the co-operative as well as every person in charge of and responsible to the co-operative for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.(b)Notwithstanding anything contained in clause (a) where an offence has been committed by a co-operative and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the co-operative, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be punishable with a fine of [ten thousand] [Substituted for 'one thousand' by M.P. Act No. 16 of 2010.] rupees or with imprisonment for a term which may extend to ninety days or with both.(3)No person shall be guilty of an offence under sub-section (1) or sub-section (2) where the untrue statement or omission-(a)was unknown to him, and(b)in the exercise of reasonable diligence, could not have been known to him.(4)Every person who-(a)without reasonable cause, contravenes a provision of this Act for which no penalty is otherwise provided; or(b)fails to file or furnish return or to give any notice, or to send any document required by the provisions of this Act;shall be guilty of an offence and shall, on summary conviction, he punishable with a fine which may extend to [ten thousand] [Substituted for 'one thousand' by M.P. Act No. 16 of 2010.] rupees.[(4-A) Every person who-(a)destroys, mutilates or alters any book or securities, or is privy to the making of any false or fraudulent entry in any register, book of account or document belonging to the co-operative; or(b)invests fund of co-operative other than as provided in this Act and the bye-laws, shall be guilty of an offence and shall on conviction be punishable with imprisonment which may extend to three months or with fine which may extend to ten thousand rupees or with both.](5)Where a person is convicted of an offence under this Act, the Court may, in addition to any punishment imposed, order the person to comply with the provisions of this Act for the contravention of which he has been convicted.(6)No prosecution for an offence under this Act shall be commenced after five years from the date when the subject matter of the complaint arose.(7)No civil remedy for an act or omission under this Act is suspended or affected by reason that the act or omission is an offence under this Act.
