Section 28 in Rajasthan Co-operative Societies Act, 2001
28. Disqualification of membership etc. of committees.
(1)No person shall, at the same time, be a chairperson of more than one apex societies or more than one central societies.(2)If a person, on the date of his election or appointed as a chairperson of an apex or a central society as aforesaid, is already a chairperson of another apex or central society, his later election or appointment shall be deemed to be void on the expiry of a period of fourteen days from the above election or appointment, unless he resigns from the chairpersonship of one of the above two apex or two central societies, as the case may he, within such period.(3)[ No person shall be eligible for being elected or appointed as a member of a committee or for continuing as member on the committee if he is in default to the society or to any other society, in respect of any loan or loans taken by him for such period as is specified in the bye-laws of the society concerned or in any case for a period exceeding three months;Provided that this disqualification shall not apply on a member society; and] [Substituted by Notification No. F. 2(15) Vidhi/2/2010 dated 3-4-2010 w.e.f. 16.-10-2009.][(3-A) Notwithstanding anything contained in sub-section (3), no person shall be eligible for being elected, co-opted, nominated, or otherwise appointed, or for continuing as a member, of the committee of a Central Co-operative Bank or the Apex Co-operative Bank, if he-] [Added by Notification No F. 2(15) Vidhi/2/2010 dated 3-4-2010 w.e.f. 16-10-2009.](i)represents a society other than a primary agricultural credit society and such society is in default to such bank, in respect of any loan or loans taken by it for a period exceeding ninety days;(ii)is a person who is defaulter of a primary agricultural credit society or is a representative of a defaulting primary agricultural credit society for a period exceeding one year unless the default is cleared; and(iii)is a person, who represents a society whose committee is superseded or has ceased to be a member on the committee of his own society.(4)No money lender as defined in the Rajasthan Money Lenders Act, 1963 (Act No. 1 of 1964), shall be eligible for being elected or appointed as an officer of a service co-operative society, as classified under the rules, and where an officer of such society as a foresaid starts money lending business, he shall, thereupon, cease to be an officer of such society.(5)No member of committee, who has been remove under section 30, shall be eligible for election or appointment as a member of the committee for a period of five years from the date of such removal.(6)No person against whom an order under section 57 has been passed, such order not having been set aside, shall be eligible for election or appointment as a member of a committee until the expiry of a period of five years from the date he repays or restores the money or other property or part thereof with interest or pay contribution and costs or compensation in satisfaction of such, order.[Provided that a member of the committee replaced by an Administrator under Section 30-C due to expiry of the term of the committee or under clause (b) of sub-section (1) of Sections 30 on the ground of a stalemate in functions of the committee due to lack of quorum shall not be deemed disqualified under this sub-section.] [Substituted by Rajasthan Act No. 11 of 2016, dated 25.4.2016.](7)No person shall remain both a Chairperson of committee and a member of the Union Council of Ministers or the State Council of Ministers or the Pramukh of a Zila Parishad or the Pradhan of a Panchayt Samiti and, if already a member of the Union Council of Ministers or the State Council of Ministers or Pramukh of a Zila Parishad or Pradhan of a Panchayat Samiti, he shall, at the expiration of a period of fourteen days from the date he becomes a Chairperson of such committee, cease to be such chairperson of such committee unless, before such expiration, he resigns a seat in the Union Council of Ministers or the State Council of Ministers or the office he holds in the Zila Parishad or the Panchayat Samiti, as the case may be :Provided that a person who is already a Chiarperson of a committee is appointed or elected as a member of Union Council of Ministers or the State Council of Ministers or the Pramukh of a Zila Parishad or the Pradhan of a Panchayat Samiti, then at the expiration of fourteen days from the date of being appointed or elected as a member of the Union Council of Ministers or. the State Council of Ministers or the Pramukh of a Zila Parishad or the Pradhan of a Panchayat Samiti, as the case may be, he shall cease to be such Chairperson of the committee unless he has previously resigned his seat in the Union Council oe Ministers or the State Council of Ministers or the office he holds in the Zila Parishad or the Panchayat Samiti, as the case may be.Provided further that he may become member of the committee or a Director.[(7-A) No person shall be eligible for election as a member of a committee, if he has been elected or co-opted to be a member of the committee of the same society in continuation for two times, unless a period of five years from the date of expiry of his second term as the member of such committee has elapsed:Provided that a member of a committee once elected or co-opted to the committee shall be deemed to have completed his full term for the purpose of this sub-section, even if he was not elected or co-opted for a full term of five years or has not completed his term of office for any reason whatsoever it may be.] [Inserted by Rajasthan Act No. 11 of 2016, dated 25.4.2016.](8)No person shall be eligible for election as a member of the Committee if he has more than two children :Provided that a person having more than two children shall not be disqualified under this sub-section for so long as the number of children he had on 10-7-1995 does not increase.Explanation :- For the purpose of this sub-section, where the couple has only one child from the earlier delivery or deliveries on 10-7-1995 and thereafter any number of children born out of a single subsequent delivery shall be deemed to be one entity.(8A)[ No member of committee, which has failed to provide the required information or assistance to the State Co-operative Election Authority under Chapter-V shall be eligible for election or appointment as member of committee for period of five years from the date of such failure.] [Inserted new sub section (8A) by Rajasthan Act No. 9 of 2004, dated 19-2-2004.</p>](9)[ No person shall remain both a Chairperson or Vice-Chairperson of a committee and a member of the Parliament or a member of the State Legislature or, the Pramukh or Up-Pramukh of a Zila Parishad or, the Pradhan or Up-Pradhan of a Panchayat Samiti or, Sarpanch or Up-Sarpanch of a Gram Panchayat or, a Chairperson or Vice-Chairperson of a municipal body and, if already a member of the Parliament or a member of the State Legislature or, Pramukh or Up-Pramukh of a Zila Parishad or, Pradhan or Up-Pradhan of a Panchayat Samiti or, Sarpanch or Up-Sarpanch of a Gram Panchayat or, Chairperson or Vice-Chairperson of a municipal body, he shall, at the expiration of a period of fourteen days from the date he becomes a Chairperson or Vice-Chairperson of such committee, cease to be such Chairperson or Vice-Chairperson of such committee unless, before such expiration, he resigns from his membership of the Parliament or the State Legislature or the office he holds in the Zila Parishad or the Panchayat Samiti or the Gram Panchayat or the municipal body as the case may be:Provided that a person who is already a Chairperson or Vice-Chairperson of a committee is elected as a member of the Parliament or a member of the State Legislature or, the Pramukh or Up-Pramukh of a Zila Parishad or, the Pradhan or Up-Pradhan of a Panchayat Samiti or, Sarpanch or Up-Sarpanch of a Gram Panchayat or, a Chairperson or Vice-Chairperson of a municipal body, then at the expiration of fourteen days from the date of being elected as a member of the Parliament or the State Legislature or, the Pramukh or Up-Pramukh of a Zila Parishad or, the Pradhan or Up-Pradhan of a Panchayat Samiti or, Sarpanch or Up-Sarpanch of a Gram Panchayat or, a Chairperson or Vice-Chairperson of a municipal body, as the case may be, he shall cease to be such Chairperson or Vice-Chairperson of the committee unless he has previously resigned from his membership of the Parliament or the State Legislative Assembly or the office he holds in the Zila Parishad or the Panchayat Samiti or the Gram Panchayat or the municipal body, as the case may be.] [Substituted by Rajasthan Act No. 11 of 2016, dated 25.4.2016.]
