(1) In the trial of offences by the Metropolitan Magistrate, it shall be presumed until
the contrary is proved that any officer or employee of a co-operative society -
(a) who draws the amounts from the financing institution and fails to
properly disburse or account for it, has misused or
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 co-operative society, has wilfully committed the said
act in order to cause loss or damage to the co-operative society;
(d) who misuses the properties of the co-operative society in
contravention of the provisions of this Act and the rules made
thereunder or the bye-laws of the co-operative 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, flats, etc., in contravention of the
provisions of the registered bye-laws of the co-operative society,
has done so for his personal benefit and in order to cause loss to
the members of the co-operative society.
(2) Any officer or employee of a co-operative society who issues any receipt shall
be deemed to have issued the same in the name of the co-operative society
and shall be responsible to account for the same.
(3) Notwithstanding the criminal liability, the officer or employee of a co-operative
society shall be responsible to make good the loss caused to the co-operative
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.
Section 122 • THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003
Section 122. Presumption as to commission of offence in certain cases.
the-delhi-co-operative-societies-act-2003-sec-122.json
•
Section 122
{
"act_title": "THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003",
"act_slug": "the-delhi-co-operative-societies-act-2003",
"section_label": "Section",
"section": {
"number": "122",
"title": "Section 122. Presumption as to commission of offence in certain cases.",
"chapter": null,
"content": "(1) In the trial of offences by the Metropolitan Magistrate, it shall be presumed until \nthe contrary is proved that any officer or employee of a co-operative society - \n(a) who draws the amounts from the financing institution and fails to \nproperly disburse or account for it, has misused or \nmisappropriated the amounts; \n\n(b) who is responsible for the custody of books and properties or who \nis in actual possession thereof, fails to produce the same on \nrequisition by the Registrar or any person authorised by him, has \nwilfully withheld the same; \n(c) who makes any false entries or manipulates or alters the account \nbooks of the co-operative society, has wilfully committed the said \nact in order to cause loss or damage to the co-operative society; \n(d) who misuses the properties of the co-operative society in \ncontravention of the provisions of this Act and the rules made \nthereunder or the bye-laws of the co-operative society has done \nso, for his personal benefit; \n(e) who executes any documents or enters into an agreement for sale \nor purchase of the land, plots, flats, etc., in contravention of the \nprovisions of the registered bye-laws of the co-operative society, \nhas done so for his personal benefit and in order to cause loss to \nthe members of the co-operative society. \n(2) Any officer or employee of a co-operative society who issues any receipt shall \nbe deemed to have issued the same in the name of the co-operative society \nand shall be responsible to account for the same. \n(3) Notwithstanding the criminal liability, the officer or employee of a co-operative \nsociety shall be responsible to make good the loss caused to the co-operative \nsociety by committing such offences and the same shall be recovered as \narrears of land revenue by the Registrar or the person authorised by him from \nthe person responsible for causing such loss or his legal heirs or any person \nwho has acquired the properties from such person or with the assistance of \nsuch person.",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
"prev_section": "121",
"next_section": "123"
}