Ins. by s. 37, ibid. (w.e.f. 3-8-2023). — AMENDING ACT

2. Ins. by s. 37, ibid. (w.e.f. 3-8-2023). not be less than five thousand rupees but may extend to one lakh rupees or with both and the proceeds of such unlawful gains shall be recovered from them and deposited in such manner as may be prescribed.] 105. Cognizance of offences . — (1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act. (2) No prosecution for offences under section 104 shall be instituted except on a complaint filed in writing by a member of a multi-State co-operative society or by the Central Registrar in the competent court. 1 [105A. Provisions of this Act not in derogation of any other law.— The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force . ] CHAPTER XV MISCELLANEOUS 2 [106. Appointment of Co-operative Information Officer.— (1) Every multi-State co-operative society shall appoint a Co-operative Information Officer to provide the information relating to affairs and management of the society to the members of the society and such information shall be confined to the information falling under the disclosure norms specified by the society in its bye-laws. (2) Any member of multi-State co-operative society shall make an application, accompanying such fee as may be prescribed, to get information specified in sub-section (1). (3) The Co-operative Information Officer shall, within thirty days from the date of receipt of application, either provide the information or reject the application specifying the reason to do so. (4) Any member of the multi-State co-operative society whose application has been rejected may prefer an appeal to the Co-operative Ombudsman within a period of one month from the date of such rejection and his decision shall be final and binding. 106A. Copy of rules and bye-laws, etc., for inspection.—Every Chief Executive of multi-State co-operative society shall keep a copy of the rules and its bye-laws and also a list of its members, open to inspection free of charge at all reasonable times, at the registered address of the multi-State co-operative society.] 107. Place of keeping and inspection of, registers and returns . — (1) The register of members commencing from the date of the registration of multi-State co-operative society, the index of members, the register of debenture holders, and copies of all annual returns prepared together with the copies of certificates and documents, shall be kept at the registered office of the multi-State co-operative society. (2) The registers, indexes, returns and copies of certificates and other documents referred to in sub -section (1) shall be open during business hours (subject to such reasonable restrictions, as the multi -State co -operative society may impose, so that not less than two hours in each day are allowed for inspection) to the inspection— (a) of any member or debenture holder, without fee; and (b) of any other person, on payment of such sum as may be prescribed for each inspection. 108. Inspection of books of account, etc., of multi-State co-operative society . — (1) The books of account and other books and papers of every multi-State co-operative society shall be open to inspection during business hours— (i) by the Central Registrar 3 [or any person authorised by him in this behalf, not below the rank of Assistant Commissioner or equivalent] , or (ii) by such officer of the Government as may be authorised by the Central Government in this behalf: Provided that such inspection may be made without giving any previous notice to that society or any officer thereof; 1. Ins. by Act 11 of 2023, s. 38 (w.e.f. 3-8-2023). 2. Subs. by s. 39, ibid ., for s . 106 (w.e.f. 3-8-2023). 3. Ins. by s. 40 , ibid . (w.e.f. 3-8-2023). (iii) by the members of the multi-State co-operative society. (2) It shall be the duty of every director, other officer or employee of the multi-State co-operative society to produce to the person making inspection under sub-section (1), all such books of account and other books and papers of the multi-State co-operative society in his custody or control and to furnish him with any statement, information or explanation relating to the affairs of such society as the said person may require of him within such time and at such place as he may specify. (3) It shall also be the duty of every director, other officer or employee of the multi-State co-operative society to give to the person making inspection under this section all assistance in connection with the inspection which the multi-State co-operative society may be reasonably expected to give. (4) The person making the inspection under this section may, during the course of inspection,— (i) make or cause to be made copies of books of account and other books and papers , or (ii) place or cause to be placed any marks or identification thereon in token of the inspection having been made. (5) Notwithstanding anything contained in any other law for the time being in force or any contract to the contrary, the Central Registrar or an officer authorised under clause (ii) of sub-section (1), making an inspection under this section shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit, in respect of the following matters, namely:— (i) the discovery and production of books of account and other documents, at such place and such time as may be specified by such person; (ii) summoning and enforcing the attendance of persons and examining them on oath; (iii) inspection of any books, registers and other documents of the multi-State co-operative society at any place. (6) Where an inspection of the books of account and other books and papers of the multi-State co-operative society has been made under this section, the Central Registrar or an officer authorised under clause (ii) of sub-section (1), making the inspection shall make a report to the Central Government .

Section 2