Law: Cooperative Societies Act, 1925

Section: 3

Law: Constitution of Pakistan, 1973

Section:

  Co-operative Societies Act (VII of 1925)-- ---Ss. 3(d & 65-B--Penal Code (XLV of 1860), S.21--Word "officer" as defined in S.3(d) of the Act--Meaning, scope and import of--Word "includes", used after the word "officer" intended to extend scope of word "officer" --Word "officer" would include all incumbents of offices high or low irrespective of their status--Co-operative Bank employees, of all categories to be considered as officers for purposes of S.65-B of Act VII of 1925 and by virtue thereof would be deemed to be public servants within meaning of S.21, Penal Code--Cases of embezzlement and misappropriation registered against Co-operative Bank employees of any category were triable exclusively by the Special Judge specifically appointed for that purpose. Under section 65-B of Co-operative Societies Act, 1925, every officer of a Co-operative Society including a Co-operative Bank is deemed to be a public servant within the meaning of section 21, P.P.C. Now, the question is whether every employee thereof, can be said to be the officer for the purposes of section 65-B. Answer to this question lies in the meaning to be given to the word 'officer'. The term 'officer' is defined in the Co-operative Societies Act but the definition as given in section 3(d) is not exhaustive as it opens with the word 'includes' which is a word of enlargement intended to extend the scope of the word defined. When the word 'include' or 'includes' is used in any definition, it is intended to enlarge the ordinary meaning of the term defined so as to include such other category of persons who would not normally fall within the definition. The word 'includes', "has an extending force and does not limit the meaning of the terms to the substance of the definition". The word 'includes' is used as a word of enlargement and ordinarily implies that something else has been given beyond the general language which precedes it; to add to the general clause a species which does not naturally belong to it. The definition of the term officer', given in section 3(d) of the…