Disqualification for membership

Disqualification for membership. (1) A person shall be disqualified for being elected, as, and for being a member of the committee of any specified society— (a) if he is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the officer of a Managing Director of any other office under the society declared by the State Government by general or special order not to disqualify its holder; (b) if he has been convicted of an offence punishable under section 153A or section 171E or sub-section (2) or sub-section (3) of selection 505 of the Indian Penal Code, or under selection 145R or clause (a) of sub-section (2) of selection 145S of this Act, unless a period of six years has elapsed since the date of his conviction ; (c) if he has been convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release ; (d) if he is found guilty of a corrupt practice under this Chapter by the State Government unless a period of six years has elapsed since the date on which the decision of the State Government takes effect ; (e) if he is disqualified by or under any other provision of this Act. (1A) (i) (a) No member of a society in the Central Co-operative Bank and the State Co-operative Bank shall be eligible to be elected as a member in the committee if he is in default for a period of twelve months in payment of dues to the society; (b) no person elected as a member of a society in the Central Co-operative Bank and the State Co-operative Bank shall be continued as a member if he is in default for a period exceeding twelve months in payment of dues to the society unless the amount in default with due interest is paid to the society; (c) no member of a Primary Agricultural Credit Co-operative Society shall be eligible to be elected as a member in the committee of the State Co-operative Bank or a Central Co-operative Bank if the society is in default in payment of dues to the co-operative bank unless the default with due interest is paid to the co-operative bank; (d) no member of a non-credit society who is a member in the committee of a Central Co-operative Bank or the Stale Co-operative Bank shall be continued as such member if the society commits default for a period exceeding 90 days in payment of dues to the bank. (ii) The above provisions shall be in addition to and not in derogation of any other provisions for disqualification contained in this Act. (2) Any salaried employee of a society who was a member of the committee of a specified society immediately before the commencement of the Gujarat Co-operative Societies (amendment) Act, 1981, shall not be disqualified, and be deemed never to have been disqualified, under clause (a) of sub-section (1), if he was at that time holding any office saved form disqualification under the said clause (a) and shall continue to be such member for such period or subject to such term and conditions for which or on which he would have otherwise continued as such member; and anything done or any action taken by such person shall be deemed to be duly done or taken and he committee shall be deemed to be property constituted, and such thing done or action taken shall not be called in question in any court or authority on the ground only that the committee was not properly constituted or that the person was disqualified to continue as a member. (3) Notwithstanding anything contained in clause (b) or (c) of sub-section (1), disqualified under either clause shall not, in the case of a person who on the date of the conviction is a member of any specified society, take effect until three months have elapsed form that date or, if within that period an appeal or application for revision is brought in respect of the conviction of the sentence until that appeal or application is disposed of by the Court,