Section 22 in The Gujarat Co-Operative Societies Act, 1961
22. Person who may become member.
(1)Subject to the provisions of Section 25, no person shall be admitted as a member of a society except the following, that is to say-(a)an individual, who is competent to contract under the Indian Contract Act, 1872 (IX of 1872);(b)a firm, company, [or any other body corporate constituted under any law for the time being the force] [Substituted for the word 'association' by Gujarat 23 of 1982] or a society registered under the Societies Registration Act, 1860 (XXI of 1860);(c)a society registered, or deemed to be registered, under this Act;(d)the State Government;(e)[ a local authority; [Inserted by Gujarat 23 of 1982](f)a public trust registered or deemed to have been registered under Bombay Public Trusts Act, 1850; (Bombay XXIX of 1950)]:(g)[ a group of the individuals eligible under clause (a), whether incorporated or not and whether established or not by or under any law :] [Inserted by Gujarat 1 of 2008, Section 5(1) (w.e.f. 8.10.2007).]Provided that, the provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college:Provided further that subject to such terms and conditions as may be laid down by general or special order [a firm or a company or other body corporate constituted under any law for the time being in force] [Substituted for the words 'a firm or company' by Gujarat 23 of 1982] may be admitted as a member only of such society as may be prescribed.(2)[ Every person seeking admission as a member of a society, if duly qualified for membership of such society under the provisions of this Act, the-rules and the bye-laws of the society, may make an application to the society for membership. The society shall take decision on the application and shall communicate the decision within a period of three months from the date of the receipt of the application.] [Substituted by Gujarat 1 of 2008, Section 5(2) (w.e.f. 8.10.2007).](3)Notwithstanding anything contained in sub-section (1), the State Government, may, having regard to the fact that the interest of any person or class of persons engaged in or carrying on any profession, business or employment conflicts or is likely to conflict with the objects of any society or class of societies by general or special order published in the Official Gazette, declare that such person or such class of persons shall be disqualified from being admitted, or for continuing, as member or members or shall be eligible for membership only to a limited extent, of any society or class of societies, so long as such person or persons are engaged in or carry on that profession, business, or employment as the case may be.(4)[ All the depositors having deposits of rupees ten thousand or above for a minimum period of one year and the borrowers shall be compulsorily made members in the Primary Agricultural Credit Co-operative Societies :Provided that the depositors having deposits less than rupees ten thousand shall be made nominal members.(5)The State Government may, by notification in the Official Gazette, alter the limit of rupees ten thousand specified by sub-section (4) and also specify such amount of deposit as it deems necessary for a class of society and different amount may be specified for different classes of societies. In the case of borrowing members, the society shall prescribe in its bye-laws, linking shares subject to minimum of two and half per cent of the loan taken by the borrowers.] [Added by Gujarat 1 of 2008, Section 5(3) (w.e.f. 8.10.2007).]
