Section 109 in Mizoram Cooperative Societies Act, 2006
109. Cognizance of offences, procedure to be followed and outcome.
(1)An offence under this Act shall be tried only by a court, not inferior to that of Metropolitan Magistrate or Judicial Magistrate of first class.(2)No prosecution shall be instituted under this Act without the previous sanction of Registrar and such sanction or approval shall not be given or granted by Registrar without providing an opportunity to represent the case to the person sought to be prosecuted.(3)In the event of punishment prescribed for non-officials under section 108(2) for the corresponding offences committed under section 107(2) stand annulled, modified or cancelled either on appeal or revision, the affected persons shall be restored back to the original position occupied for the remaining period for which such person was nominated or elected.(4)In the event of punishment prescribed for officers of employees of co-operative under Section 108(2) for the corresponding offences committed under Section 107(2) stand annulled, modified or cancelled either on appeal or revision, such affected officers or employees shall be restored back to the original official position held at the time of conviction for the rest of the service period.(5)The persons, officers, employees not covered under sub-section (3) and (4) shall incur permanent disqualification for offences involving corrupt practice and moral turpitude.(6)Any authority created or appointed under the Act such as Registrar including Additional, Joint, Deputy or Assistant Registrar, administrator, liquidator, auditor or any other officer or authority authorized by Registrar or government while discharging the official duties and functions assigned to them respectively, if proved beyond doubt that such authorities passed orders, issued directions or failed or refused to take decision either contrary to the provisions of law or without following the procedure prescribed under law or exercise inherent power under the direction or dictation of higher authority shall be deemed to have committed offences under this Act and accordingly be proceeded and punished as per the service rules governing such persons or authorities and shall be subjected to heavy financial penalty or imprisonment as determined in consultation with Registrar or government as the case may be.Chapter-XII Winding Up or Liquidation of Co-Operatives
