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State of Assam - Section

Section 40 in Assam Co-Operative Societies Act, 2007

40. Eligibility for a Director in cooperative society.

- Subject to such other conditions as may be specified in the bye-laws a member of a cooperative society shall be eligible for being chosen as a Director of the cooperative society, if -
(1)such member has the right to vote in the affairs of the cooperative society;
(2)such member has patronised the services of the cooperative society during the previous financial year to the extent and in the manner specified in the bye-laws and has attended at least two Annual General Meetings in the previous five years;
(3)such member has no pecuniary interest in any subsisting contract made with, or work being done for the cooperative society except as otherwise specified in the bye-laws;
(4)the period of 1(five) years has elapsed from the date such member ceased to be a Director for the following reasons: -
(a)not conducting or wrongly conducting the Annual General Meeting under Section 39 or Special General Meeting under sub-section (3) of Section 33 and Board meetings under sub-section (3) of Section 43;
(b)non submission of annual report of activities, annual financial statement of accounts to the general body under sub-section (4) of Section 30;
(c)[ not conducting the meetings of the Board under sub-section (3) of section 43 or delegates or representatives under sub-section (4) of section 41;] [Substituted by Assam Act No. 4 of 2019, dated 7.3.2019.]
(d)absence from Board meetings under sub-section (7) of Section 43;
(e)[ automatic dissolution under sub-section (4) of section 41;] [Substituted by Assam Act No. 4 of 2019, dated 7.3.2019.]
(f)for failure to take follow up action on audit report as specified in Section 85.,
(5)such member is free from default of any payment due to the society.