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Section 65

Power to seize and detain books and documents

of Co-Operative Societies Act 1993

ActIn forceProvision 76 of 119
Section 65
(1)

If, in the course, of or consequent upon an inspection under section 64, it appears that an offence under this Act, the regulations or orders, has been committed, the Commission or its officer authorized by the Commission in writing to make such inspection may enter any premises belonging to or occupied by the co-operative society or such other place which is believed would assist the inspection or investigation and may seize and detain any books, accounts, documents, securities and cash of the co-operative society which may furnish evidence of an offence under this Act, the regulations or orders, where in the opinion of the Commission or its authorized officer—

(a)

the inspection of such books, accounts, documents, securities and cash, the copying of them, or the making of extracts from them, cannot reasonably be undertaken without seizing or detaining them;

(b)

such books, accounts, documents, securities and cash may be interfered with or destroyed unless seized or detained; or

(c)

such books, accounts, documents, securities and cash may be needed as evidence in any legal proceedings, whether civil or criminal, which may be instituted under or in connection with this Act, the Malaysia Co-operative

Societies Commission Act 2007 or any other written law.

Co-operative Societies 61

(2)

No co-operative society or officer of the co-operative society shall—

(a)

fail to—

(i)

allow access to;

(ii)

give possession of; or

(iii)

produce, its books, accounts, documents, securities or cash; or

(b)

fail to give information or facilities, as provided by this section.

(3)

Any co-operative society or officer of the co-operative society who fails to comply with subsection (1) or (2) commits an offence and shall, on conviction—

(a)

in the case of a co-operative society, be liable to a fine not exceeding one million ringgit; or

(b)

in the case of an officer of the co-operative society, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding one year or to both.