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Whether Directors and President of Cooperative Society Can Be Prosecuted Under Prevention of Corruption Act

Whether Directors and President of Cooperative Society Can Be Prosecuted Under Prevention of Corruption Act

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The office bearers and employees of co-operative society who deliberately keep silence in enforcing acts and rules for recovery of debts, who makes favour to defaulters in the matter of recovery without any valid reasons will be committing ofences under section 7 & 13 of the prevention of corruption act.
The office bearers and employees of co-operative society who deliberately keep silence in enforcing acts and rules for recovery of debts, who makes favour to defaulters in the matter of recovery without any valid reasons will be committing ofences under section 7 & 13 of the prevention of corruption act.

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07/31/2013

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Sridhara babu. N 
(THIS IS IN RELATION TO KARNATAKA)
 
 
Sridhara babu. N 
DISCLAIMER
The Information provided regarding legal subjects in this scribd documents is only forgeneral awareness, Iam not responsible for any consequence through use or misuse of thesame. All documents are drafted for specific needs, there is no guarantee or warrantee if itscopied for any such similar causes. Errors and omissions expected. All scribd documents/PDF DOCUMENTS are designed for general information only. The information presentedat these documents should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing my documents are encouraged to seek independent counsel for advice regarding their individual legal issues. It is sincerelyadvised to cross check the contents with any authentic original publications and records.Citations are quoted for mere reference, as obtained from Supreme court website, pleasevisit such citation providers to get copies of such reports. This is a nominally chargedservice, we do not invite reliance upon, nor accept responsibility for, the informationprovided in my scribd documents. We make every high effort to provide a accurateinformation, but emissions and omissions expected. However, neither we, nor theproviders of data to us, nor the informations obtained from relevant court websites giveany guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided. Users should confirm information from anothersource if it is of sufficient importance for them to do so.NOTE:- This document cannot be copied or cannot be downloadable. You can read. If youare a Judge/Advocate in need of my various collection of documents in word format sendyour request with id proof to sridharababu1234@gmail.com we will send you the copy. STATE BANK OF MYSORE A/C NO: 54016942433,IFC CODE: SBMY0040557,BRANCH CODE 040557,MICR CODE
572006005,A/C HOLDER NAME - N. SRIDHARA BABU,BANK BRANCH - SSI-TUMKURCOPY RIGHT:- You must not sell or re-distribute the document or derivatives thereof.-SRIDHARA BABU.N
 
 
Sridhara babu. N 
WHAT THE LAW SAYSKARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 SECTION 127-A.
Office bearers,members and employees of co-operative societies to be public servants.
 
Every office bearer of a co-operative society, every member of a committee and everyemployee of a co-operative society including sale and recovery officers shall be deemed tobe public servants within the meaning of Section 21 of Indian Penal Code.
Prevention of Corruption Act, 1988. SECTION 2 (b)
"public duty" means a duty in thedischarge of which the State, the public or the community at large has an interest;
Prevention of Corruption Act, 1988. SECTION 2 (c) "public servant" means- (viii)
anyperson who holds an office by virtue of which he is authorised or required to perform anypublic duty;
Prevention of Corruption Act, 1988. SECTION 7.
Public servant taking gratificationother than legal remuneration in respect of an official act - Whoever, being, or expecting tobe a public servant, accepts or obtains or agrees to accept or attempts to obtain from anyperson, for himself or for any other person, any gratification whatever, other than legalremuneration,
as a motive or reward for doing or forbearing to do any official act orfor showing or forbearing to show, in the exercise of his official functions, favour ordisfavour to any person
……..
shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine.
Prevention of Corruption Act, 1988. SECTION
13. Criminal misconduct by a publicservant (1) A public servant is said to commit the offence of criminal misconduct,-
………..
 (d) if he,-(i) by corrupt or illegal means, obtains for himself or for any other person any valuablething or pecuniary advantage; or(ii) by abusing his position as a public servant, obtains for himself or for any other personany valuable thing or pecuniary advantage; or

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