MISCELLANEOUSCentral

Section 114 of The Multi-State Co-operative Societies Act, 2002

Any person appointed as liquidator under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Summary

The section declares that any person appointed as a liquidator under the Act is legally deemed a public servant.
It integrates the liquidator's position with Section 21 of the Indian Penal Code.
It subjects the liquidator to the same high ethical standards, penalties, and protections as government officers.

Practical examples

1Rohan is appointed as a liquidator to wind up a failing co-operative society. A creditor offers him a cash bribe to prioritize their claim. Because Rohan is deemed a public servant under the Multi-State Co-operative Act, accepting this bribe makes him criminally liable under anti-corruption laws applicable to government officers.

2Neha is acting as a liquidator and is threatened and physically obstructed by an outgoing director while she is seizing the society's records. Since Neha is legally a public servant under the 2002 Act, the director can be prosecuted for the severe offence of obstructing a public servant in the discharge of public duties.

FAQ

1. Is a liquidator considered a public servant under Section 114 of the Multi-State Co-operative Societies Act, 2002?

Yes, under Section 114 of the Multi-State Co-operative Societies Act, 2002, any person appointed as a liquidator is deemed to be a public servant.

2. Which specific law defines the term public servant as mentioned in Section 114 of the Multi-State Co-operative Societies Act, 2002?

Section 114 of the Multi-State Co-operative Societies Act, 2002 references Section 21 of the Indian Penal Code (45 of 1860) to define a public servant.

3. What is the legal consequence of declaring a liquidator a public servant under Section 114 of the Multi-State Co-operative Societies Act, 2002?

By declaring the liquidator a public servant under Section 114 of the Multi-State Co-operative Societies Act, 2002, the liquidator becomes subject to public service regulations, including anti-corruption prosecution, and receives legal protections against obstruction.

Test yourself

Q1.Under Section 114 of the Multi-State Co-operative Societies Act, 2002, a liquidator is deemed to be a public servant within the meaning of which law?

Q2.Under Section 114 of the Multi-State Co-operative Societies Act, 2002, who is deemed to be a public servant?

Q3.Under Section 114 of the Multi-State Co-operative Societies Act, 2002, what is the primary legal implication of a liquidator being deemed a public servant?

Q4.If a liquidator appointed under the Act is winding up a society, which of the following is true under Section 114 of the Multi-State Co-operative Societies Act, 2002?

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