Section 77 of The Chit Funds Act, 1982
If any person convicted of an offence under sub-section (1) or sub-section (3) of section 76 is again convicted of an offence under any of the said sub-sections he shall be punishable for the second and for every subsequent offence with imprisonment for a term which may extend to two years and shall also be liable to fine.
Summary
- This section provides harsher penalties for repeat offenders under specific parts of the Act.
- It applies to anyone who has already been convicted of an offence under Section 76(1) or Section 76(3).
- If that person is convicted again of an offence under either of those sub-sections, they face a mandatory combination of punishments.
- The repeat offender is punishable for the second and every subsequent offence with imprisonment for a term that may extend to two years.
- In addition to imprisonment, the repeat offender must also be liable to a fine.
Practical examples
FAQ
1. Who does Section 77 of the Act apply to?
It applies to any person who was previously convicted under Section 76(1) or Section 76(3) and is convicted again under either of those sub-sections.
Test yourself
Q1.Under Section 77 of The Chit Funds Act, 1982, which of the following repeat convictions does the enhanced penalty apply?
Q2.Under Section 77 of The Chit Funds Act, 1982, what is the maximum term of imprisonment for a second or subsequent conviction?
Q3.Under Section 77 of The Chit Funds Act, 1982, how does the penalty structure for a repeat conviction under Section 76(1) differ from a first conviction?
Q4.Under Section 77 of The Chit Funds Act, 1982, if a foreman is convicted first under Section 76(1) for utilising funds illegally under Section 14, and is later convicted under Section 76(3) for making a false statement in a balance sheet, does Section 77 apply?