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88.(1) Any person who with intent to mislead or defraud gives to any other person (a)a copy of any rules, laws, regulations or other documents, other than the rules of a registered society or branch, on the pretence that they are the existing rules of the society or branch or that there are no other rules of the society or branch; (b)a copy of any rules on the pretence that those rules are the rules of a registered society or branch where the society or branch is not registered; (2) Subject to subsection (3), any person who (a)obtains possession by false representation or imposition of any property of a registered society or branch; or (b)withholds or misapplies any such property in his possession; or (c)wilfully applies any part thereof to purposes which are not authorised by the rules of the society or branch or which are not in accordance with this Act; (3) If on proceedings under subsection (2) it is not proved that the person charged acted with any fraudulent intent, he shall not be liable to conviction under that subsection but may be ordered to deliver up any property belonging to the society or branch or to repay any sum of money applied improperly, with costs and expenses, and an order under this subsection for the repayment of a sum of money or the payment of costs or expenses shall be enforceable as if it were an order for the payment of money recoverable summarily as a civil debt. (4) Proceedings may be instituted under this section (a)in the case of a registered society, by the society or any member authorised by the society or the trustees or committee of the society; or (b)in the case of a registered branch, by the branch or any member authorised by the branch or the trustees or committee thereof or by the central body of the society of which the branch forms part or by any member of the society or branch authorised by the central body; or (c)in any case, by the registrar or by any member of the society or branch authorised by the registrar. (5) Nothing in the foregoing provisions of this section shall prevent a person from being proceeded against under any other enactment if not previously convicted of the same matters under this Act.
© 1970 Crown Copyright
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