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State of Rajasthan - Section

Section 19 in Rajasthan Co-operative Societies Act, 1965

19. Persons who may become members.

(1)No person shall be admitted as a member of a co-operative society except the following, namely:-
(a)an individual competent to contract under section 11 of the Indian Contract Act, 1872 (Central Act 9 of 1872):
(b)any other co-operative society:
(c)the State Government: or
(d)any other person, body, or local authority as may be prescribed:
Provided that an individual shall not be eligible to the membership of a financing bank other than a Land Development Bank or such class of co-operative society as may be prescribed in this behalf:Provided further that the provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college.Provided also that where a money-lender as defined in the Rajasthan Money-Lenders Act, 1964 is a member of a co-operative society, he shall not be entitled to receive credit from the society.
(2)An application for admission as a member of a co-operative society shall lie to the committee of that co-operative society. Such committee shall decide the application and communicate its decision to the applicant within a period of 30 days from the receipt of the application, and where the application is refused, it shall also be necessary for the committee to communicate to the applicant, the reasons for such refusal, within the said period:[Provided that subject to the provisions of sub-section (1), every person including one belonging to weaker sections who applies for membership to the Assistant Registrar or to the committee of a village service society. Primary Land Development Bank or a farmers' service society shall be deemed to have been admitted to such membership with effect from the date of receipt of his application in the office of the society:Provided further that the Registrar, of his own motion or on a complaint made by the committee of the society concerned or by any aggrieved person, may, notwithstanding anything to the contrary contained in this Act, order for the removal of the person admitted to such membership, if, after giving to such person an opportunity of being heard against the proposed removal and for reasons to be recorded by the Registrar, he is not eligible to be a member of such society and every such order, in the case of a complaint made by the committee of the society or by any aggrieved person, shall be passed within thirty days of the receipt of the complaint by him.] [Added by Rajasthan Act No. 17 of 1976.]
(3)If the committee-
(i)refuses the application for admission as a member, an appeal shall lie against such refusal to the Registrar: or
(ii)fails to communicate its decision or the reasons of refusal under sub-section (2) within the time specified therein, the applicant may, within a period of sixty days from the expiration of such time, move the Registrar for the decision of his application:
Provided that nothing contained in this sub-section shall apply to an application for admission as a member of a Farming or Producers' Society, as prescribed under the rules:Provided further that if a committee of such society refuses admission as a member or fails to communicate its decision within the time specified in sub-section (2). an appeal or application, as the case may be, shall lie, within the prescribed period and in the prescribed manner, to the general body of the society, against such refusal or failure to communicate such decision.
(4)Where the Registrar is moved under sub-section (3) he may, on the application of such person, and after giving the society a reasonable opportunity of being heard, himself decide the application in accordance with this Act and the rules and bye-laws made thereunder and the decision of the Registrar shall be final.
(5)Where an individual is a member of a financing bank other than a Land Development Bank or of such class of co-operative societies as may be prescribed under the first proviso to sub-section (1), on the day immediately before the commencement of this Act or rules whereby such class of co-operative societies have been prescribed, then notwithstanding anything contained in this Act or the rules or bye-laws, he shall cease to be such member upon such commencement.