Revised Laws of Saint Lucia (2021)

83.   Punishment of fraud, false declarations, and misappropriations

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    (1)   If any person, with intent to mislead or defraud, gives to any other person a copy of any rules, laws, regulations, or other documents, other than the rules of a society or branch, on the pretence that they are the existing rules of that society or branch, or that there are no other rules of the society or branch, or gives to any person a copy of any rules on the pretence that those rules are the rules of a registered society or branch when the society or branch is not registered, the person so offending commits an offence under this Act.

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    (2)   If any person obtains possession by false representation or imposition of any property of a society or branch, or withholds or misapplies any such property in his or her possession, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society or branch and authorised by this Act, he or she shall, on such complaint as is in this section mentioned, be liable to a fine of $120, and costs, and to be ordered to deliver up all such property, or to repay all sums of money applied improperly, and in default of such delivery or repayment, or of the payment of such fine and costs as aforesaid, to be imprisoned for 3 months. However, where on such a complaint against a person of withholding or misapplying property, or applying it for unauthorised purposes, it is not proved that that person acted with any fraudulent intent, he or she is not liable to conviction but may be ordered to deliver up all such property or may be ordered to repay any sum of money applied improperly, with costs, and in default of such delivery or repayment or of the payment of such costs as aforesaid to be imprisoned for 3 months.

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    (3)   Complaint under this section may be made—

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      (a)     in the case of a society, by the society or any member authorised by the society, or the trustees or committee of the society;

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      (b)     in the case of a branch, by—

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        (i)     the branch or any member authorised by the branch or the trustees or committee thereof,

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        (ii)     the central body of the society of which the branch forms part, or

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        (iii)     any member of the society or branch authorised by the central body; or

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      (c)     in any case, by the Registrar or by any person authorised in writing by the Registrar.

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    (4)   Nothing in this Act shall prevent any such person from being proceeded against by way of indictment, if not previously convicted of the same offence under the provisions of this Act.

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    (5)   In any proceedings instituted under this section against an officer, member or other person in respect of any sum surcharged or balance certified by an auditor appointed under this Act upon audit of the books and accounts of a society or branch to be due by the officer, member or other person, the onus of proving the same to have been due to any accidental or formal slip, error or omission shall lie upon such officer, member or other person, as the case may be.