Industrial and Provident Societies (Amendment) Act, 1978

PART IV

Miscellaneous

Offences.

28.—(1) A person or a society shall be guilty of an offence if he or it—

(a) contravenes section 5 (1), 5 (2), 6 (1), 7 (2), 7 (3), 8 (1), 12, 14 (2), 14 (13) (b), 17 (2), 23 (2), 23 (13) (b), 27 (2), 29 (1), 29 (3), 29 (4), 30 (1), 30 (2), 30 (3), 30 (4), 31, 32 or 36,

(b) contravenes or fails to comply with a direction or condition under this Act,

(c) fails or refuses to supply the books, accounts, deeds, records or other documents of a society or other body corporate, to give information reasonably required regarding any entries in the books, accounts, deeds, records or other documents to, or otherwise obstructs, an authorised person (within the meaning of section 11 or 21) who is exercising a power conferred on him by that section,

(d) fails or refuses to supply the books, accounts, deeds, records or other documents of a society or other body corporate to an inspector appointed under section 13 or 22, to give to such inspector all assistance reasonably required in connection with the investigation or to take an oath where required to do so by such an inspector, or

(e) fails to give all information required by a person appointed under section 15 or 25 for the full and satisfactory performance of his duties.

(2) A person who is guilty of an offence under this section shall be liable—

(i) on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding £5,000, or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both,

and if the contravention or failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable on conviction on indictment to a fine not exceeding £250 for each day on which the contravention or failure was so continued.

(3) Where an offence under this Act is committed by a body corporate or by a person purporting to act on behalf of a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any wilful neglect on the part of, any person who is an officer of the body corporate, that person shall also be guilty of the offence.