Section 41 in Himachal Pradesh Co-Operative Societies Rules, 1971
41. Disqualification for membership of committee.
(1)No person shall be eligible for appointment, or election as member of the committee of any society, if he :-(a)is an applicant to be adjudicated a bankrupt or is an insolvent or an un-certificated bankrupt or an undischarged insolvent; or(b)has been sentenced for any offence other than an offence of a political character or an offence not involving moral delinquency, such sentence not having been reserved or the offence pardoned; or(c)is of unsound mind; or(d)[ a paid employee of the society or of any other Cooperative Society : [Amended vide notification No.Coop. A(3)-1/99-Vol.-I dated 25-7-2006 published in Rajpatra dated 27-7-06.]Provided that this condition shall not apply for election of a member for the managing committee of the Society of the employees of a Co-operative Society or its representative in other society or](e)is in the same line of business as conducted by the society; provided that if any question arises whether a person is or is not in the same line of business, the question shall be referred to the Registrar and his decision shall be final; or(f)is concerned with the profits of any contract entered with the society except in transactions made with the Society as a member in accordance with the objects of the Society as stated in the bye-laws, provided that if any question arises whether a person is or is not so concerned with the profits of any contract, the question shall be referred to the Registrar and his decision shall be final;or(g)is except with the sanction of the Registrar, already the member of the committee of any other society of the same type; or(h)has been sued in arbitration in a society, and the award given against him stands unsatisfied wholly or partially; or(i)[ is, a near relation of a paid employee of the society, provided that if any question arises whether a person "has associated himself with the appointment of a near relation in the services of the society concerned," the question shall be referred to the Registrar and his decision shall be final; or] [Added by Notification No. Co-op A(3) 1/86 (s) dated 8-7-1987, Published in the Rajpatra, Himachal Pradesh, as required under Article 348(3) of the Constitution of India.](ii)[ deleted.] [Deleted vide notification No.Coop. A(3)-1/99-Vol.-I dated 25-7-2006 published in Rajpatra dated 27-7-06.](j)[ "is a defaulter of any Society/Government/Board/Corporation /Bank or any other statutory authority; or] [Amended vide notification No. Coop-A(3)-1/99-III dated 17-2-2009 published in Rajpatra dated 18-2-2009.](jj)[ "is a representative of a defaulter society; or] [Inserted vide H.P. extra ordinary gazette dated 1-3-77.](k)[ has been debarred from becoming an officer of any society under section 37 or rule 58; or.] [Amended vide notification No. Coop-A(3)-1/99-III dated 17-2-2009 published in Rajpatra dated 18-2-2009.](l)is under 21 years of age.(2)A member of the committee of any society shall cease to hold office as such if he :-(a)applies to be adjudicated, or is adjudicated a bankrupt or an insolvent; or(b)is sentenced for any such offence as is described in clause (b) of sub-rule (1); or(c)becomes of unsound mind; or(d)[ becomes a paid employee of the society or any other society : [Amended vide notification No.Coop. A(3)-1/99-Vol.-I dated 25-7-2006 published in Rajpatra dated 27-7-06.]Provided that this condition shall not apply for election of a member for the managing committee of the society of the employees of a Co-operative Society or](e)enters on the same line of business as conducted by the society; or(f)becomes concerned with profits of any contract entered into by the society except in transactions made with the society as a member, in accordance with the objects of the society as stated in the bye-laws; or(g)becomes a member of the committee of any other society of the same type, except with the sanction in writing of the Registrar; or(h)[ associates himself in the appointment of a near relation as paid employee of the society; or] [Amended vide notification No. Coop-A(3)-1/99-III dated 17-2-2009 published in Rajpatra dated 18-2-2009.](i)[ is a representative of the society which becomes defaulter;] [Amended vide notification No.Coop. A(3)-1/99-Vol.-I dated 25-7-2006 published in Rajpatra dated 27-7-06.](j)is debarred from becoming an officer of any society under Rule 58; or(k)ceases to be a member of the society; or(l)is found to be under 21 years of age.
