Constitution Section 243ZQ — Offences and penalties

Part IXB — THE CO-OPERATIVE SOCIETIES

Constitutional

Summary

State legislatures can create laws that define offences related to cooperative societies and set penalties for them. Those state laws must treat the following actions as offences: a cooperative society or its officer or member knowingly making a false return or giving false information, or anyone knowingly failing to give required information to an authorised person; anyone knowingly or without reasonable excuse disobeying a summons, requisition, or lawful written order under the state law; an employer who, without good reason, fails to pay to a cooperative society an amount deducted from an employee within 14 days of the deduction; an officer or custodian who knowingly fails to hand over custody of books, accounts, documents, records, cash, security, or other property of the cooperative society to an authorised person; and anyone who adopts any corrupt practice before, during, or after an election of board members or office bearers.

Official Text

(1) The Legislature of a State may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences.

(2) A law made by the Legislature of a State under clause (1) shall include the commission of the following act or omission as offences, namely:—

(a) a co-operative society or an officer or member thereof wilfully makes a false return or furnishes false information, or any person wilfully not furnishes any information required from him by a person authorised in this behalf under the provisions of the State Act;

(b) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the State Act;

(c) any employer who, without sufficient cause, fails to pay to a co-operative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made;

(d) any officer or custodian who wilfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person; and

(e) whoever, before, during or after the election of members of the board or office bearers, adopts any corrupt practice.