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Co-operatives Act, 2005 (Act No. 14 of 2005)

Chapter 13 : Miscellaneous Provisions

92. Offences

 

(1) Subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), a person commits an offence by disclosing the information that he or she obtained in the performance of any function contemplated in this Act unless—
(a) the disclosure is necessary for the administration of this Act;
(b) the disclosure is necessary for the purposes of the administration of justice; or
(c) the registrar or any other person is entitled to the information.

 

(2) Any person who knowingly—
(a) makes or assist in making a report, return, notice or any other document to be sent to the registrar or any other person, as required by this Act, that contains an untrue statement of a material fact; or
(b) omits to state a material fact on any of the documents referred to in paragraph (a), that will be sent to the registrar or any other person, as required by this Act, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 24 months or to both a fine and such imprisonment.

 

(3) Any person who contravenes or who fails to comply with the provisions of section 12, 19, 21, 22, 38, 39, 53, 64(2), 84(3), 91W(2), 92(1) or item 4 of Part 4 of Schedule 1, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 24 months, or to both such fine and such imprisonment.

[Section 92(3) substituted by section 67(a) of Notice No. 558, GG 36729, dated 5 August 2013]

 

(4) Despite anything to the contrary contained in any other law, a Magistrate's Court has jurisdiction to impose any penalty contemplated in subsection (3).

[Section 92(4) inserted by section 67(b) of Notice No. 558, GG 36729, dated 5 August 2013]