Submitted by Ekta Jha
I. Contempt of Co-operative Courts and of Co-operative Appellate Court - 148A.
(1) If any person-
i. when ordered by a Co-operative Court or the Co-operative Appellate Court to produce or deliver up any document
ii. or to furnish information, being legally bound so to do, intentionally, omits to do so; or
iii. when required by any such Court to bind himself by an oath or affirmation to state the truth, refuses to do so;
iv. being legally bound to state the truth on any subject to any such Court, refuses to answer any question demanded of him touching such subject by the Court;
v. or intentionally offers any insult or causes any interruption to any such Court at any stage of its judicial proceeding;
he shall,on conviction,be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) If any person refuses to sign any statement made by him, when required to do so by a Co-operative Court or the Co-operative Appellate Court, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
(3) If any offence under sub -section (1) or (2) is committed in the view or presence of a Court concerned, the said Court may, after recording the facts constituting the offence and the statement of the accused as provided in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given or the appearance of the accused person before such Magistrate or, if sufficient security is not given, shall forward such person in custody to such Magistrate. The Magistrate to whom any case is so forwarded shall proceed to hear the complaint against the accused person in the manner provided in the Code of Criminal Procedure, 1973.
(4) If any person commits any act or publishes any writing which is calculated to improperly influence a Co-operative Court or the Co-operative Appellate Court to bring any such Court or a member thereof into disrepute or contempt or to lower its or his authority, or to interfere with the lawful process of the said authorities, such person shall be deemed to be guilty of contempt of the said authorities.
(5) In the case of contempt of itself, the Co-operative Appellate Court shall record the facts constituting such contempt, and make a report in that behalf to the High Court
(6) In the case of contempt of a Co-operative Court, the Co-operative Court shall record the facts constituting such contempt, and make a report in that behalf to the Cooperative Appellate Court, and thereupon, that Court may, if it considers it expedient to do so, forward the report to the High Court.
(7) When any intimation or report in respect of any contempt is received by the High Court under sub -section (5) or (6), the High Court shall deal with such contempt as if it were contempt of itself, and shall have and exercise in respect of it the same jurisdiction, powers and authority in accordance with the same procedure and practice as it has and exercises in respect of contempt of itself.
Submitted by Ekta Jha