Section 23 in The Tamil Nadu Co-Operative Societies Act, 1983
23. Disqualifications for membership of society.
(1)No person shall be eligible for admission as a member of a society, if he-(a)is an applicant to be adjudicated as an insolvent or is an undischarged insolvent; or(b)has been sentenced for any offence involving moral turpitude punishable under any law with imprisonment for one year and upwards, such sentence not having been annulled and a period of one year has not elapsed from the date of the expiration of the sentence; or(c)is a paid officer or servant of the society or of its financing bank or of any registered society for which it is the financing bank; or(d)has been expelled from membership under this Act and a period of three years has not elapsed from the date of such expulsion; or(e)is engaged directly or indirectly in a business or industry or activity similar to that of the registered society or inconsistent with, or prejudicial to the work of the registered society; or(f)has resigned from the membership of the registered society and a period of one year has not elapsed from the date of such resignation; or(g)is already a member of a registered society of the same class except as otherwise prescribed; or(h)[ does not possess the qualification with reference to the principal object of the society, prescribed in the rules or the by-laws.] [Clause (h) was inserted by section 2 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1992 (Tamil Nadu Act 19 of 1992).](2)A member of a registered society shall cease to be a member of the society, if he-(a)applies to be adjudicated or is adjudicated as an insolvent;(b)is sentenced for any such offence as is described in clause (b) of subsection (1) [xxx] [The expression 'or is sentenced under section 162' was omitted by section 2 of the Tamil Nadu Co-operative Societies (Second Amendment) Act, 2004 (Tamil Nadu Art 18 of 2004).]:Provided that where a person ceases to be a member under this clause, he shall be restored to membership if and when the sentence is annulled on appeal or revision; or(c)becomes a paid officer or servant of the registered society or of its financing bank or of any registered society for which it is the financing bank; or(d)is expelled from membership under this Act; or(e)undertakes directly or indirectly any business or industry or activity similar to that of the registered society or inconsistent with, or prejudicial to, the work of the registered society; or(f)is also a member of a registered society of the same class except as otherwise prescribed;(g)[ does not possess the qualification, with reference to the principal object of the society, prescribed in the rules or the by-laws; or [Clause (g) substituted by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013, w.e.f. 31.1.2013.](h)has not used the services of the society up to the minimum level as specified in its by-laws; or(i)absents himself from attending three consecutive general meetings of the society:]Provided that if at the commencement of this Act, any person is a member of more than one registered society of the same class, then, at the expiry of a period of ninety days from such commencement, he shall cease to be a member of all such registered societies unless he has previously resigned his membership of all but one registered society;(3)(a)The provisions of clause (b) of sub-section (1) and clause (b) of subsection (2) shall not apply to a person seeking admission to, or to a member of, a registered society exclusively formed for the reclamation of such class of persons as may be prescribed.(b)The provisions of clause (c) of sub-section (1) and clause (c) of sub-section (2) shall not apply to a person seeking admission to, or to a member of, a registered society which has as its principal object the provision of employment to its members or which is composed exclusively of the employees of the financing bank:Provided that a member of the registered society composed exclusively of the employees of the financing bank shall not be eligible for election to the board of the financing bank.(4)Any question as to whether an applicant for admission as a member of a society is, or a member of a registered society was, or has become, subject to any of the disqualifications mentioned in this section, shall be decided by the Registrar.
