Amendment status not verified — confirm the current text below against the official source.
Offences.––(1) A person who makes or assists in making a report, return, notice or other document required in 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 ; is guilty of an offence and liable on summary conviction :–– (i) in the case of individual, to a fine not greater than one thousand rupees or to imprisonment for a term not greater than ninety days or to both such fine and imprisonment ; SELF-RELIANT COOPERATIVES ACT, 1999 47 (ii) in the case of a person other than an individual, to a fine not greater than ten thousand rupees. (2) Where the person guilty of an offence under sub-section (1) is a body corporate and whether or not the body corporate has been prosecuted or convicted, any director or officer of the body corporate who knowingly authorizes, permits or acquiesces in the offence is also guilty of an offence and liable on summary conviction to a fine of not more than one thousand rupees or to imprisonment for a term not exceeding ninety days or to both such fine and imprisonment. (3) No person is guilty of an offence in pursuance of sub-section (1) or (2) where the untrue statement or omission,–– (a) was unknown to him/her ; and (b) in the exercise of reasonable diligence, could not have been known to him/her. (4) Every person who,–– (a) without reasonable cause contravenes a provision ofthis Act for which no penalty is otherwise provided ; or (b) fails to give any notice, send any return or document that is required for the purposes of this Act ; is guilty of an offence and is liable on summary conviction to a fine or not more than one thousand rupees. (5) Where a person is convicted of an offence in pursuance of this Act, the Court may, in addition to any punishment imposed, order the person to comply with the provisions of the Act or the regulations for the contravention of which he/she has been convicted. (6) No prosecution for an offence under this Act shall be commenced after two years from the time 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. 48 SELF-RELIANT COOPERATIVES ACT, 1999 CHAPTER VIII Disputes *49. Disputes.––(1) Notwithstanding anything in any law for the time being in force, if any dispute touching the constitution, management or business of a cooperative arises,–– (a) among members, past members and persons claiming through members and deceased members ; or (b) between a member, past member or a person claiming through a member, past member or deceased member and the cooperative, its board, director, office-bearer, or liquidator, past or present ; or (c) between the cooperative or its board and any past board, any director, office-bearer, or any past director, past office-bearer, or the nominee, heir, or legal representative of any deceased director or deceased director or deceased office-bearer of the cooperative. such dispute shall be referred to the arbitral tribunal of the cooperative. Explanation.—For the purposes of this sub-section, a dispute shall include : (i) a claim by a cooperative for any debt or other amount due to it from a member past member, the nominee, heir or legal representative of a deceased member, whether such debt or other amount be admitted or not ; (ii) a claim by surety against the principal debtor where the cooperative has recovered from the surety amount in respect of any debtor or other amount due to it from the principal debtor as a result of the default of the principal debtor whether such debt or amount due be admitted or not ; (iii) a claim by a cooperative against a member, past member or the nominee, heir or legal representative of a deceased member for the delivery of possession to the cooperative *Pl. see “Errata” issued on 8-3-2000. SELF-RELIANT COOPERATIVES ACT, 1999 49 of land or other Immovable property resumed by it for breach of the conditions of assignment or allotment of such land or other immovable property. (2) If any question arises whether a dispute referred to the arbitral tribunal under this section is a dispute touching the constitution, management or business of the cooperative, such question shall be decided by the Arbitral Tribunal. (3) The Arbitral Tribunal shall decide the dispute in accordance with the provisions of this Act and the articles of association, and such decisions shall be final. Pending final decision on -the dispute, the arbitral tribunal may make such interlocutory orders as it may deem necessary in the Interest of Justice. (4) Every order or decision made under this section, shall be executed by the Civil Court having jurisdiction, as if such order is a decree of that Court, on a certificate issued by the Arbitral Tribunal. (5) Notwithstanding anything in sub-section (4), or in any other law for the time being in force, and without prejudice to any other mode of recovery which is being taken or may be taken, an arbitral tribunal may, on the application made by the cooperative for the recovery of arrears of any sum advanced by the cooperative to any of its members, and on its functioning a statement of accounts in respect of the arrears and after making such inquiry as the tribunal deems fit, issue a certificate for the recovery of the amount stated therein to be due as arrears. (6) A certificate issued by the arbitral tribunal under sub-section (5) shall be final and conclusive proof of the arrears stated to be due and the certificate shall be executed by the chief executive in the manner specified in the articles of association.