Section 21A in Andhra Pradesh Co-Operative Societies Act, 1964
21A. [ Disqualification for membership of committee. [Inserted by Andhra Pradesh Act No. 14 of 1966.]
- [(1)] No person shall be eligible for being chosen as, and for being, a member of the committee, if he-(a)is such near relative of such paid employee of the society or its financing bank as may be prescribed ;(b)is in default in the payment of any amount due in cash or kind to the society or any other society for such period as may be prescribed or is a delegate of a society which is defunct or which is in default as aforesaid :(c)is a person against whom any amount due under a decree, decision, award or order is pending recovery under this Act;(d)acquires any interest in any subsisting contract made with or work being done for the society, except as otherwise prescribed;(e)is of unsound mind and stands so declared by competent Court, a deaf-mute or a leper ;(f)is appearing as legal practitioner on behalf of or against the society;(g)[ is carrying on business of such kind as the Registrar may, by general or special order, declare to be a business which is in conflict with the objects, or interests of the Society ;] [Inserted by Andhra Pradesh Act No. 10 of 1970.](h)[ has been sentenced to imprisonment for an offence under the Protection of Civil Rights Act, 1955 ;] [Inserted by Andhra Pradesh Act No. 28 of 1978.](i)[ is a Village Administrative Officer or an employee of the State or Central Government or an employee of any institution receiving aid from the funds of the State or Central Government or an employee of an undertaking owned and controlled by the State or Central Government : [Inserted by Andhra Pradesh Act No. 4 of 1995, w.e.f. 2-1-1995.]Provided that this clause shall not apply for being a Member of the committee of any society formed by and for the benefit of the concerned class of the employees specified in this clause;(j)is convicted by a Criminal Court for an offence involving moral deliquency:Provided that the disqualification under this clause shall subsist for a period of five years from the date of conviction or where he is sentenced to imprisonment while undergoing sentence and for a period of five years from the date of expiration thereof :]Provided that any delegate of a society sitting on the committee of any other society, shall cease to be such delegate, if(i)[ his delegation is withdrawn ; [Inserted by Act No. 5 of 1993.](ii)the committee which elected him as the delegate, has been superseded ;(iii)the society of which he is the delegate is defunct or commits default in the payment of any amount due in cash or kind to such other society for the period prescribed ; or(iv)the affairs of the society of which he is the delegate are wound up.](1A)[ A person having more than two children shall be disqualified for election or for continuing as a Member of the Committee :Provided that the birth within one year from the date of commencement of the Andhra Pradesh Co-operative Societies (Amendment) Act, 1995 (hereinafter in this Section referred to as the date of such commencement) of an additional child shall not be taken into consideration for the purposes of this section ;Provided further that a person having more than two children (excluding the child if any born within one year from the date of such commencement) shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase ;Provided also that the Government may direct that the disqualification in this section shall not apply in respect of a person for reasons to be recorded in writing.(1B)A Member of the Legislative Assembly of the State, a Member of either House of the Parliament, Mayor of a Municipal Corporation, Chairman of a Municipal Council, elected member or Chairman of Zilla Parishad or elected member or President of Mandal Parishad or Sarpanch of a Gram Panchayat shall be eligible to be elected as a Member of the Committee ; but he shall cease to be a member of the Committee unless within fifteen days from the date of becoming a member of the Committee he ceases to be a Member of the Legislative Assembly of the State or a Member of either House of the Parliament, Mayor of a Municipal Corporation, Chairman of a Municipal Council, elected Member or Chairman of a Zilla Parishad or elected member or President of a Mandal Parishad or Sarpanch of a Gram Panchayat by resignation or otherwise ; and if a member of the committee is subsequently elected to any one of the aforesaid offices, he shall cease to be the member of the committee unless within fifteen days from the date on which he is elected to any one of such offices he ceases to hold such office by resignation or otherwise.] [Inserted by Andhra Pradesh Act No. 4 of 1995, w.e.f. 2-1-1995.](2)[(a) No person shall, at the same time, be a member of the committee of more than two societies which under the rules, are classified as apex societies, or as central societies, or of the committees of more than apex society and one central society.(b)If any person, on the date of his election of appointment as a member of the committee, is a member of the committees of two societies as specified in clause (a) and the committee to which he is elected or appointed on that date is the committee of any apex society or central society, then, his election or appointment on the date aforesaid shall be void.(c)If any person is, at the commencement of the Andhra Pradesh Co-operative Societies (Amendment) Act, 1970, a member of the committees of more than two societies of any class or classes specified in clause (a), then at the expiration of the period of ninety days from such commencement, he shall cease to be a member of the committees of all such societies unless he has, before the expiration of the said period of ninety days, resigned his membership of the committees of all but two of such societies.(d)Nothing in this sub-section shall apply to an officer of the Government who is nominated as a member of the committee by the Government or the Registrar.]
