Section 28(3) in The Orissa Co-operative Societies Act, 1962
(3)[ No individual shall, whether by himself or as a representative of the Society, be eligible for being chosen or for continuing as a member or [the President or as the Vice-President, if any] [Substituted by Orissa Act No. 19 of 1983-Section 9 (c)(i) See O. G. E. dated 11.10.1983.] of the Committee of a Society, if he -](a)is an applicant to be adjudicated an insolvent or an undischarged insolvent; or(b)has been sentenced for an offence involving moral turpitude such sentence not having been reversed; or(c)is of unsound mind or is a deaf-mute or is suffering from leprosy; or(d)[ is a family member of any paid employee of the Society;] [Substituted by Orissa Act No. 28 of 1991, Section 19(g) & Section 19(h)(i), Section 19(h)(ii) dated 31.12.1991, w.e.f. 11.9.1992.]Provided that nothing in this clause shall debar -(i)any person specifically permitted by the Registrar in that behalf from becoming the Secretary of the Society; or(ii)the paid employees of societies from becoming members of the Committee of a society composed exclusively of such employees; or(e)[ has failed to pay any amount due, whether in cash or in kind, to the Society; its Financing Bank, or any other Society, on account of any loan or otherwise within three months from the date of notice by the Society or the Financing Bank concerned for payment of such dues : [Substituted by Orissa Act No. 28 of 1991, Section 19(g) & Section 19(h)(i), Section 19(h)(ii) dated 31.12.1991, w.e.f. 11.9.1992.]Provided that nothing in this clause shall debar any such person from being chosen as member or President if he makes payment of the dues before the date of filing his nomination at an election of any Society;](f)is interested directly or indirectly in any contract made with the Society or in any sale or purchase made by the Society or in any contract or transactions of the Society (other than investment and borrowing) involving financial interests, if the contract or transaction, sale or purchase be not complied; or(g)[ has been expelled from a Society under Section 21-A :] [Substituted by Orissa Act No. 19 of 1983-Section 9(c)(iii) See O. G. E. dated 11.10.1983.]Provided that this disqualification shall not apply where more than two years have elapsed from the date of such expulsion or where the Registrar has sanctioned the re-admission or admission within the said period of any such member as a member of the same Society or any other Society, as the case may be;(h)[ has been convicted on charge of misappropriation or defalcation of funds of any Society [or of any offence under this Act] [Substituted by Orissa Act No. 19 of 1983-Section 9(c)(iii) See O. G. E. dated 11.10.1983.] or has been found liable in a surcharge proceeding until such conviction or liability is reserved; or](i)has been dismissed, discharged or removed from the service of the Government, Public Sector Undertaking, Local Body, a Cooperative Society or any other body corporate as a result of disciplinary proceedings on charge of embezzlement, misappropriation or any other misconduct involving moral turpitude unless the order of such dismissal, discharge or removal has been reversed; or(j)[ is holding any office of profit under the State or Central Government, any Public Sector Undertaking, Local Authority, educational institution or a Co-operative Society : [Substituted by Orissa Act No. 28 of 1991, Section 19(h)(iv) dated 31.12.1991, w.e.f. 11.9.1992.]Provided that nothing in this clause shall debar -(i)any such person from becoming a member or the President of the Committee of a Society composed exclusively of such persons; and(ii)a person nominated under Sub-section (1) of Section 31, or appointed under this Act to manage the affairs of a Society from becoming a member but not the President of the Committee of a Society;](k)is debarred under the Representation of the Peoples Act, 43 of 1951 to contest election; [or] [Substituted by Orissa Act No. 28 of 1991, Section 19(h)(iv) dated 31.12.1991, w.e.f. 11.9.1992.](l)[] [Inserted by Orissa Act 28 of 1991, Section 19(h)(vi) dated 31.12.1991, w.e.f. 11.9.1992.] [* * *] [Omitted by Orissa Act No. 32 of 1992, Section 2(ii) dated 28.11.1992.](m)is retained or employed as a legal practitioner;(a)against the Society; or(b)on behalf of the Society, except in an honorary capacity; or(n)abstains himself, while remaining member or President, from attending the meetings of the Committee of a Society over a continuous period of six months;(i)without prior intimation in respect of every such meeting; or(ii)with prior intimation if, upon such intimation, the Committee disapproves the abstention in the meeting to which the intimation relates or the meeting next following :Provided that nothing in this clause shall debar such person from becoming a member or President after the expiry of a period of two years from the date immediately following the date on which the said period of six months expires; or(o)abstains himself from attending the meetings or special meetings of the General Body or the Representative Smaller General Body, as the case may be, over a continuous period of one year-(i)without prior intimation for every such meeting; or(ii)with prior intimation if, upon such intimation, the [General Body, or as the case may be, Smaller General Body] [Substituted by Orissa Act 23 of 1994, Section 3(v)(d) dated 9.11.1994.] disapproves the abstention in the meeting to which the intimation relates or the meeting next following :Provided that nothing in this Clause shall debar such person from becoming a member or President after the expiry of a period of two years from the date immediately following the date on which the said period of one year [expires or;] [Substituted by Orissa Act No. 23 of 1994, Section 3(v)(b).](p)[ has more than two children : [Inserted by Orissa Act No. 23 of 1994, Section 3(v)(c)w.e.f 1.1.1995.]Provided that nothing in this clause shall apply to a person who has more than two children as on the 1st day of January, 1995, or as the case may be, within a period of one year of the said date, unless such person begets an additional child after the said period of one year.][(3-a) A representative of a Society or a body corporate shall not be eligible for being chosen or for continuing as a member or President of the committee of any other Society in cases where the Society or the body corporate which he represents -(i)[ has failed to pay any amount due, whether in cash or in kind, to the Society, its Financing Bank or any other Society, on account of any loan or otherwise, within three months from the date of notice by the Society or the Financing Bank concerned for payment of such dues :Provided that nothing in this Clause shall debar any such representative from being chosen as a member or President of the Committee of any other Society if the Society or body corporate he represents, makes payment of the dues, before the date of filing his nomination at an election of any such other Society.] [Inserted by Orissa Act No. 19 of 1983 Section 9 (d)-See O. G. E. dated 11.10.1983.](ii)ceases from the membership of the Society; or(iii)is ordered to be wound up or dissolved.[(3-aa) Any individual continuing as a Member or President of the Committee, whether by himself or as a representative of another Society, incurring any of the disqualifications specified in Sub-section (3) or Subsection (3-a) shall cease to hold his office as such with effect from the date he incurs such disqualification;] [Inserted by Orissa Act No. 28 of 1991, Section 19 (j) dated 31.12.1991, w.e.f. 11.9.1992](3-b) [(1) Notwithstanding anything contained in this Act, there shall be a Chief Executive for every society, by whatever designation called, who shall be appointed on whole time basis by the Committee subject to the approval of the Registrar. Such Chief Executive shall be deemed to be a member of the Committee in the case of an apex society and any other society or class of societies as the State Government may, by notification from time to time, specify.] [Substituted vide O.G.E. No. 1832 Setion 21 dated 27.12.2004 (O.A. No. 11 of 2004).]
