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State of Gujarat - Section

Section 74A in The Gujarat Co-Operative Societies Act, 1961

74A. [ Disqualification for being designated officer simultaneously of certain specified societies or for being designated officer of the same society for more than six years. [Sections 74-A, 75-B and 74-C were inserted by Gujarat 6 of 1981.]

(1)In this section "a designated officer", means the Chairman and the President, and includes any other officer of the society as may be declared by the State Government by notification in the Official Gazette, to be a designated officer, but does not include any officer appointed or nominated by the State Government or by the Registrar.
(2)No person shall, at the same time, be or continue to be, a designated officer of more than one society falling in Category I or Category II or [Category III or Category IV] of the categories mentioned below; and shall not be continued to be a designated officer in more than two societies in the aggregate [in the four categories] [Substituted for the words 'in the three Categories' by Gujarat 23 of 1982] :-Category I. - Societies, the area of operation of which, extends to the whole of the State.Category II. - (a) Societies, the area of operation of which does not extend to the whole of the State but extends to the City of Ahmedabad;[***] [Omitted by Gujarat 23 of 1982]
(b)Societies, the area of operation of which does not extend to the whole of the State but extends to one or more districts;
[***] [Clause (c) was deleted by Gujarat 23 of 1982][Category III. - Societies the area of operation of which does not extend to the whole of a district but extends to more than one taluka in a district.Category IV. - Such societies (the area of which extends to a taluka or less than a taluka) as the State Government may, having regard to their share capital, financial position and the public interest involved in their operation, by notification in the Official Gazette specify.] [Category III, Category IV were Substituted for category III by Gujarat 23 of 1982]
(3)If any person is at the commencement of the Gujarat Co-operative Societies (Amendment) Act, 1981 (6 of 1981), a designated officer of more than two societies in the said categories, or of more than one society in the same category, then unless he resigns his office in the society or societies in excess of the number prescribed under sub-section (2) within a period of ninety days from such commencement he shall, at the expiration of the said period, cease to be a designated officer of all such societies.
(4)If any person becomes, at the same time, after the commencement of the said Act, a designated officer of societies in excess of the number prescribed under sub-section (2), unless the resigns his office in the society or societies in excess of the said number within a period of ninety days from the date on which he is elected or appointed a designated officer of more than the permissible number of society or societies, or if the elections or appointments are held or made simultaneously, from the date on which the result of last of such elections or appointments is declared, he shall, at the expiration of the said period of ninety days, cease to be a designated officer of all such societies.
(5)No person shall be, or shall continue to be, a designated officer of any society of any of the categories referred to in sub-section (2) for a consecutive period of more than [six years] [Substituted for the words 'ten years' by Gujarat 23 of 1982] and at the expiration of that period any such person shall cease to be a designated officer of that society and shall not be eligible for being re-elected or reappointed as a designated officer, until a period of [three years] [Substituted for the words 'five years' by Gujarat 23 of 1982] has elapsed after the expiry of the aforesaid period of [six years] [Substituted for the words 'ten years' by Gujarat 23 of 1982].[Explanation. -For the purposes of this sub- section :
(a)in calculating the consecutive period of six years in office, any period for which the person concerned may have been such officer, before the commencement of the Gujarat Co-operative Societies (Amendment) Ordinance, 1982 (Gujarat Ordinance 1 of 1982) shall be excluded,
(b)if any person resigns his office as a designated officer at any time within twelve months from the date on which the consecutive period of six years would, but for his resignation, have been completed, he would be deemed to have completed a period of six years on his resignation.]