rule 473
DISQUALIFICATION FOR MEMBERSHIP OF THE COMMITTEE OF MANAGEMENT
Uttarakhand Cooperative Societies Rules, 2004(1) No person shall be eligible to be or to continued as a member of the Committee of Management of any co-operative society, if- (a) he s under 21 years of age; (except in case of societies of students) (b) he is declared insolvent; (c) he is of unsound mind, or is deaf and dumb, or blind or suffers from leprosy; (d) he has been convicted for any offence involving in the opinion of the Registrar, Moral turpitude, such conviction not having been set aside in appeal; (e) he, or in the opinion of the Registrar, member of his family enters into or carries on, without the permission of the Registrar, within the area of operation of the society, the same kind of business as done by the society itself; (f) he enters into any transaction or contract with the society against the provisions of the act or the Bye-laws of the society. (g) he accepts or holds any office of profit under the society or under any society affiliated to such society : Provided that this restriction shall not apply in case of such producers or workmen's society as have been permitted by the State Government to provide in their by-laws for the participation of employees in the management of the society; (h) he is not a member of the General Body of the society; (i) he has been convicted of any offence under the Act or the Rules, unless a period of 5 years has elapsed from the date of the conviction; (j) he is a person against whom an order under Section 91 has been obtained by a co-operative society and is pending satisfaction; (k) he is in default (at least for a period of six months), to the society in respect of any loan taken by him, or he is a judgment-debtor of the society; (l) if he is already a member of the Committee of Management of three co-operative societies, i.e. one primary, one central and one apex society at a time but he shall be entitled to contest for the membership of the Committee of Management of more than three co-operative societies. In case of his election to the Committee of Management of more than three societies as specified above, he shall have to resign from the Committee of Management of such society or societies within one month so that he may not remain member o the Committee of Management of more than three societies. In case he fails to resign within the specified period then at the expiry of such period he shall be deemed to have resigned from all except one apex society and one central society and one primary society to which he has been elected last ; (m) he had been dismissed for practicing fraud, or bad or dishonest conduct from Government service or from service of a co-operative society or of a body corporate, such order of dismissal not having been set aside in appeal; (n) he joined in the application for the registration of, or was a member of the Committee of Management of a co-operative society which was subsequently wound up by Registrar under Clause (a) of Sub-section (2) of Section 72 on the ground that the registration of the society was obtained by fraud, such order of the Registrar not having been reversed in appeal; (o) he is otherwise disqualified under any of the provisions of the Act or the Rules or the Bye- laws of the society; (p) he becomes a member of Gram Panchayat, Kshetra Panshayat, Nagar Panchayat, Zila Panchayat, or any other local body, Member of Parliament or State Legislative Assembly. (2) A member of the Committee of Management of a co-operative society who absents himself from three consecutive meetings of the Committee of Management without reasonable cause shall not be entitled to continue as a member of the Committee of Management (3) The provisions of Sub-rule (2) shall not apply to an ex-officio member of the Committee of Management of a co-operative society. (4) Any person who has contested for election to the membership of the Committee of Management of a co-operative society, but has lost such election, shall not be eligible to become such member by co-option or nomination. (5) The disqualification laid down under Sub-rule (1) shall apply subject to the following conditions:-(i) The disqualification laid down in Clause (h) shall not apply to a nominated or an ex-officio member of the Committee of Management or to such co-opted member of the Committee of Management for whose co-option membership of the General Body was not a condition under the bye-laws of the society; (ii) the disqualification laid down in Clause (d) or Clause (m) shall cease to operate on the expiry of five years after the payment of fine under the conviction or after he has served out the sentence under the conviction or after the order of dismissal, as the case may be; (iii) the disqualification laid down in Clause (1) shall not apply to a Government servant nominated on the Committee of Management of a co-operative society under Section 34.
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