Section 29 in Jammu and Kashmir Co-Operative Societies Act, 1989
29. Election and nomination of members of Committees.
(1)The members of the Committee of a Co-operative Society shall be elected in such manner as may be prescribed and no person shall be elected unless he is a share holder of the society.(2)The term of office of the Committee shall be three years.(3)Each Committee shall within 90 days before expiry of its term, make arrangements for the constitution of a new Committee in accordance with the provisions of this Act and rules and bye-laws made thereunder.(4)Where any Committee has ceased to hold office and no Committee has been constituted in accordance with the provisions of this Act and rules and bye-laws made thereunder, the [Government or] [Substituted by Act No. XIX of 2000.] the Registrar, may, by an order in writing, appoint [a Board of Management and] [Substituted by Act No. XIX of 2000.] an Administrator for such period as may, from time to time, be specified in the order and [the Board of Management or] [Substituted by Act No. XIX of 2000.] an Administrator shall before the expiry of the period of his appointment, arrange for the constitution of a new Committee in accordance with the provisions of this Act and rules and bye-laws made thereunder:[Provided that the Board of Management or the Administrator may be appointed for a period not exceeding] [Substituted by Act No. XIX of 2000.] [three months and, in circumstances beyond its control, six months] [Substituted for "six months" by Act No. X of 2010, Dated 28.4.2010, w.e.f. 29.4.2010.] and the elections shall be held within such period for the reconstitution of the Committee or the Board, as the case may be:Provided further that the Board of Management may be appointed by the Government for the Apex Level Institutions and the Administrator may be appointed by the Registrar for the Primary Agricultural Co-operative Societies and the Secondary Level Co-operative Societies.(5)Notwithstanding anything contained in this section, where the bye-laws of the Society so provide the first Committee may be nominated by the authority mentioned in those bye-laws.(6)[ Where the Government have subscribed to the share capital of a Co-operative Society or has guaranteed the repayment of the principal and the payment of interest on debentures issued for loans raised by a Co-operative Society, the Government or any person authorized by it in this behalf shall have the right to nominate on the Committee such number of persons not exceeding three or one-third of the total number of members thereof, whichever is less, as the Government may determine:Provided that in case of a Co-operative Society other than a Co-operative Credit Structure Society, in addition to members so appointed two seats shall be reserved for members belonging to Scheduled Castes and other Backward Classes and one seat shall be reserved for women, which shall be filled by the Government in such manner as may be prescribed:Provided further that in case of a Co-operative Credit Structure Society, two seats shall be reserved for members belonging to Scheduled Castes and other Backward Classes and one seat shall be reserved for women, which shall be filled by election and where a candidate from any such category is not available, then such seat shall be filled by election from unreserved candidates.(6A)Notwithstanding anything contained in sub-section (6),-(a)there shall be only one nominee of the Government on the Committee of an Apex Co-operative Bank or a Central Co-operative Bank, if the Government has subscribed to its share capital;(b)there shall be no nominee of the Government on the Committee of a Primary Agricultural Credit Society.][Inserted by Act No. X of 2010, Dated 28.4.2010, w.e.f. 29.4.2010.](7)In the case of Societies which give loans for purchase of machinery, implements, equipments, commodities or other goods, no member, whose near relation is a dealer in such goods or is a Director of the Company or a partner of a firm carrying. on business in such goods, shall be eligible for being elected or appointed as a member of the Committee of such Society.[29A. Bar to election, nomination and continuance as member of Committees. - No person shall be elected, nominated or co-opted or allowed to continue as a member of the Committee of a Co-operative Credit Structure Society, if he-(i)is a person who represents a Society other than a Primary Agricultural Credit Society on the Committee of a Central Co-operative Bank or an Apex Co-operative Bank and the society he represents has committed a default towards the payments of such Bank for a period exceeding ninety days; or(ii)is a person who committed a default towards the payments to a Primary Agricultural Credit Society or represents a Primary Agricultural Credit Society on the Committee of a Central Co-operative Bank or an Apex Co-operative Bank and the Society he represents has committed a default towards the payments of such bank for a period exceeding one year, unless the default is cleared; or(iii)is a person, who represents a Society whose committee is superseded or has ceased to be a member on the committee of his own Society.
