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State of Uttar Pradesh - Section

Section 453 in The U.P. Co-operative Societies Rules, 1968

453. [ [Substituted by Notification No. 3241/XLIX-1-94-7(10)-94, dated 2nd September, 1994.]

[(1) No person shall be eligible to be, or to continue as a member of the Committee of Management of any co-operative society, if-(a)he is under 21 years of age;(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 of 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 bye-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;Provided that the provision of this clause shall not apply in respect of the co-option of professional person under sub-section (8) of Section 29.](i)he has been convicted of any offence under the Act or the rules, unless a period of three 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 the 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 of the Committee of Management of more than three societies. In case he fails to resign within the specified period then at the expiration 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 has been dismissed for practicing fraud, or for bad or dishonest conduct from Government service or from service of a cooperative 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 resignation 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 reserved 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)[ if he is a delegate of a non-credit society which is a member of a Central Co-operative Bank or Uttar Pradesh Co-operative Bank and the society has committed a default for a period exceeding ninety days. [Inserted by Notification No. 395/XLIX-1-10-8(111)-08, dated 24-3-2011.](q)if he has become a member of a primary agricultural credit society for the purpose of deposit only and his deposit in the society becomes less than Rupees One thousand.]
(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 a nominated or 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.]