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Industrial and Provident Societies Act 1965

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42 Duty of officers of society to account.E+W+S

(1)Every officer of a registered society having receipt or charge of money, and every servant of such a society in receipt or charge of money who is not engaged under a special agreement to account, shall—

(a)at such times as he is required so to do by the rules of the society; or

(b)on demand; or

(c)on notice in writing requiring him so to do given or left at his last or usual place of residence,

render an account as may be required by the society or its committee to be examined and allowed or disallowed by them, and shall, on demand or on such notice as aforesaid, pay over all moneys and deliver all property for the time being in his hands or custody to such person as the society or committee may appoint.

(2)Any duty imposed by the foregoing subsection on an officer or servant of a society shall, after his death, be taken to be imposed on his personal representatives.

(3)In case of any neglect or refusal to comply with the foregoing provisions of this section, the society—

(a)may sue on any bond or security given under section 41 of this Act; or

(b)may apply to the county court (which may proceed in a summary way) or to a magistrates’ court and, notwithstanding anything in [F1section 77 of the County Courts Act 1984], the order of that county court or magistrates’ court shall be final and conclusive.

(4)In its application to Scotland, this section shall have effect as if for subsection (3)(b) thereof there were substituted the following:—

(b)may apply to the sheriff, and, notwithstanding anything in section 62 of the Summary Jurisdiction (Scotland) Act 1954, the order of the sheriff shall be final and conclusive..

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