Section 101: Fraud

101. Fraud (1) Where a society, against which an order for winding up under section 94 or an order of a liquidator under section 96 or an award or decision of an arbitrator under section 82 is made, disposes of its property with intent to defraud or delay the execution of the order, award or decision, the person, in whose favour the order, award or decision has been made, may make an affidavit of the facts and apply to the District Court having jurisdiction in the area where the registered office of the society is situated for an order calling upon the society to be examined before the Court. (2) (a) The Court may, on an application under subsection (1), issue an order directing an officer responsible for the management of the society to appear before the Court. C49 – 53 [Issue 9] Co-Operatives Act (b) An officer against whom an order is issued under paragraph (a) shall be examined before the Court in relation to his property and to the property disposed of under subsection (1). (c) After an examination under paragraph (b), witnesses may, with the leave of the Court, be heard on both sides. (3) Where an officer against whom an order is issued under subsection (2) does not attend Court, the Court may issue a warrant ordering that the officer be arrested and brought before it. (4) Where an officer against whom an order is issued under subsection (2) attends Court but, without reasonable cause, refuses to furnish such information as may be required from him by the Court, he shall commit an offence. PART XV – CO-OPERATIVE DEVELOPMENT ADVISORY BOARD