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[Cites 0, Cited by 8] [Section 29C] [Entire Act]

State of Karnataka - Subsection

Section 29C(1) in Karnataka Co-Operative Societies Act, 1959

(1)No person shall be eligible for being elected or appointed or continued as a member of the [committee of any co-operative society] [Substituted by Act 25 of 1998 w.e.f. 15.08.1998.], if,-
(a)[ he is in default to that society or any other co-operative society in respect of any dues from him as borrower;] [Substituted by Act 25 of 1998 w.e.f. 15.08.1998.]
(b)he is interested directly or indirectly in any contract made with such co-operative society or in the sale or purchase made by such co-operative society privately or in auction or in any contract or transaction of the co-operative society (other than investment and borrowing) involving financial interests in that contract, sale, purchase or transaction;
(c)[he or any of his near relation carries] [Substituted by Act 25 of 1998 w.e.f. 15.08.1998.] on a business of the kind carried on by such co-operative society or by a co-operative society of which such co-operative society is a member;
[Provided that if any question arises as to whether any person is near relation or not, the case shall be decided by the Registrar and his decision shall be final.] [Inserted by Act 25 of 1998 w.e.f. 15.08.1998.]
(d)he is employed as legal practitioner on behalf of such co-operative society or accepts employment as legal practitioner against such co-operative society;
(e)he is a paid employee of such co-operative society or of its financing bank;
[***] [Inserted by Act 5 of 1984 w.e.f. 09.01.1984 and Omitted by Act 24 of 2001 w.e.f. 05.09.2001.]
(f)he is a near relation of a paid employee of such co-operative society.
[Explanation.-For the purpose of [this clause and clause (c)] [Substituted by Act 19 of 1976 w.e.f. 20.01.1976.] 'near relation' means,-
(i)husband, wife and unmarried daughter;
(ii)father, mother, undivided son, undivided brother and unmarried sister; and
(iii)such other relations as may be prescribed to be a near relation.
[***] [Omitted by Act 70 of 1976 w.e.f. 04.12.1976.]]
(g)[ he was a paid employee of a co-operative society and was dismissed, removed or compulsorily retired from service of a co-operative society; [Clauses (g) to (n) inserted by Act 25 of 1998 w.e.f. 15.08.1998.]
(h)he is disqualified to be a member of the society or to vote as such member;
(i)he has been convicted for an offence punishable under section 153A or section 171E or section 171F or sub-section (2) or sub-section (3) of section 505 of the Penal Code, 1860 (Central Act 45 of 1860) or under section 39J or clause (b) of sub-section (2) of section 39K of this Act, unless a period of six years has elapsed from the date of such conviction;
(j)he has been convicted by a Court in India for any offence and sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed from the date of his release;
(k)he is found guilty of corrupt practice within the meaning of section 39C unless a period of six years has elapsed from the date on which he was found guilty;
(l)he has failed to remit to any co-operative society any amount (other than a loan) retained by him in contravention of the provisions of this Act, rules or bye-laws;
(m)he is a representative of a co-operative society which is in default to a financing bank or to any co-operative society in respect of any dues by the co-operative society which he represents, for a continuous period of one year:
Provided that the disqualification under this clause for being continued as a member of the committee shall apply to a co-operative society which has defaulted in payment of an amount exceeding thirty percent of such dues;
(n)he was a member of the committee which failed to make arrangement for election within the time limit specified in section 39A.]
(o)[ he, is in the Committee of a District Central Society or a Federal Society or an Apex Society as a representative of a Co-operative Society; and,- [Inserted by Act 24 of 2001 w.e.f. 05.09.2001.]
(i)he ceases to be a member of the primary or secondary society which he represents; or
(ii)the society which nominated him as a representative withdraws his nomination; or
(iii)the committee of the society of which he is a member has been removed under section 30, or a special officer is appointed under section 31;
(iv)the society of which he is the representative has been liquidated;]