Section 25(1) in Jammu and Kashmir Co-operative Societies Rules, 2001
(1)No person shall be eligible for appointment/election as a member of the committee of Co-operative Society, if-(a)he is in default to the society in respect of any loan taken by him, for such period as is specified in the bye-laws of the society, or in any case for a period exceeding three months;(b)he has directly or indirectly, any interest in any subsisting contract made with the society or in any property sold or purchased by the society or in any other transaction of the society, except in an investment made or in any loan taken from the society;(c)no person other than the State Government should be member of the committee of more than two apex or central societies;(d)no person who is a money lender or a shopkeeper whose interests conflict or are likely to conflict with the objects of the society and carries his business or trade within the area of operation of the society shall be eligible for election as a member of the committee or an officer thereof;(e)subject to the provisions of this rule no person shall be or shall continue to be an office bearer of any society for a consecutive period of more than 3 years:Provided that a person who has held the office of any society for 3 years shall not be eligible for being re-elected or re-appointed as an office bearer until a period of 3 years has elapsed from the date of vacating his office as such officer:Provided that where in a society the number of office bearers not eligible for re-election or re-appointment under provision to sub-rule (e) exceeds half the total number of office bearers of the society, the number of such office bearers who shall be ineligible for re-election or re-appointment shall be equal to only half the total number of office bearers of the society. The names of such ineligible office bearers shall be determined by lots by such authority and in such manner as may be prescribed:Provided further that any person holding the office of President, Vice-President, Chairman, Vice-Chairman, Secretary or Assistant Secretary shall in no case be eligible for being re-elected of re-appointed to any of these offices until a period of 3 years has elapsed from the date of such election or nomination.Explanation. For purposes of clause (e):(i)If any person resigns his office as an office bearer or member within 12 months prior to the expiry of the consecutive period of 3 years in the office he shall be deemed to have completed the said period of 3 years.(ii)The expression "person" shall not include the Government or a Co-operative Society.(iii)The expression "office bearer" shall not include a whole time paid employee of the society.(f)Notwithstanding anything contained in any law for the time being in force a person shall be disqualified for appointment as or for being office bearer of the society if he is a member of the committee of another society of the same type or of two societies of different types:Provided that nothing in this clause shall be deemed to disqualify a member of the committee of a (primary) society for appointment as or for being a member of either two central societies of different types and one (Apex Society) or of one Central Society and two Apex societies: Provided further that no person shall be the President, Vice-President, Chairman, Vice-Chairman, Secretary or Assistant Secretary of more than one society at a time.(g)In the case of societies which gives loans to members for purchasing machinery implements, equipments, commodities or other goods no member, whose near relation is dealer in such goods or is a Director of the company or a partner of a firm carrying one business in such goods shall be eligible for being elected or appointed as a member of the committee of such society.(h)(i)No person shall be eligible for election or appointment as an office bearer of the Co-operative Society or as a representative of a Co-operative Society in any other Co-operative Society or to vote at a meeting held for the purpose of electing the members of the Managing Committee of a society, if he is:-(a)in arrears to any society in respect of any loan taken by him, for a period exceeding three months; or(b)found guilty of embezzlement or misappropriation of funds or stocks of any Co-operative Society.(ii)Where a person while being an office bearer of Co-operative Society incurs any of the disqualifications specified in clause (h) (i) he shall forthwith cease to be an office bearer of such society.Explanation. For the purpose of this clause the expression "office bearer" shall include Storekeeper and paid Secretary of the Co-operative Society.(i)He is a member of any Panchyat, Institution, other local bodies, Legislative Assembly, Council and Parliament shall not be eligible to contest the election of any "office"/"officer bearer' of the society.(j)He is concerned or participates in the profits or any contract with the society.(k)He has been convicted for an offence involving moral turpitude.(l)He holds any office or place of profit under the society except the full-time paid employee on the Board /Committee in ex-officio capacity.(m)He has been a member of the society for less than twelve months immediately proceeding the date of election or appointment.(n)He has taken loan or goods on credit from the society or is otherwise indebted to the society and has defaulted after receipt of due notice.(o)He is a person against whom any amount due under a decree, decision or order is pending recovery under the Act.(p)He is retained or employed as a legal practitioner on behalf of or against the society.(q)He has been convicted for any offence under the Act.(r)If he abstains from more than three consecutive meetings of the Board/Committee of Management.(s)The society represented by him is classified in the audit below "C" category.(t)His family member is a paid employee of the society; and(u)He has not fulfilled all the obligations laid down in the Act, Rules and Bye-laws.
