Amendment status not verified — confirm the current text below against the official source.
(1) A person shall be disqualified for being elected, as, and for being a member of the committee of any specified society— Cost of conducting elections. XLV of 1860. Disqualificatio n for membership. [1962: Guj. X Gujarat Co-operative Societies Act, 1961 (a) if he is a salaried employee of any society (other than a society of employees themselves) or holds any office of profit under any society, except when he holds or is appointed to the officer of a Managing Director of any other office under the society declared by the State Government by general or special order not to disqualify its holder; (b) if he has been convicted of an offence punishable under section 153A or section 171E or sub-section (2) or sub-section (3) of selection 505 of the Indian Penal Code, or under selection 145R or clause (a) of sub-section (2) of selection 145S of this Act, unless a period of six years has elapsed since the date of his conviction ; (c) if he has been convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release ; (d) if he is found guilty of a corrupt practice under this Chapter by the State Government unless a period of six years has elapsed since the date on which the decision of the State Government takes effect ; (e) if he is disqualified by or under any other provision of this Act. 104a[(1A) (i) (a) No member of a society in the Central Co-operative Bank and the State Co-operative Bank shall be eligible to be elected as a member in the committee if he is in default for a period of twelve months in payment of dues to the society; (b) no person elected as a member of a society in the Central Co-operative Bank and the State Co-operative Bank shall be continued as a member if he is in default for a period exceeding twelve months in payment of dues to the society unless the amount in default with due interest is paid to the society; (c) no member of a Primary Agricultural Credit Co-operative Society shall be eligible to be elected as a member in the committee of the State Co-operative Bank or a Central Co- operative Bank if the society is in default in payment of dues to the co-operative bank unless the default with due interest is paid to the co-operative bank; (d) no member of a non-credit society who is a member in the committee of a Central Co-operative Bank or the Stale Co- operative Bank shall be continued as such member if the Guj. 6 of 1981. 1962: Guj. X] Gujarat Co-operative Societies Act, 1961 society commits default for a period exceeding 90 days in payment of dues to the bank. (ii) The above provisions shall be in addition to and not in derogation of any other provisions for disqualification contained in this Act.] (2) Any salaried employee of a society who was a member of the committee of a specified society immediately before the commencement of the Gujarat Co-operative Societies (amendment) Act, 1981, shall not be disqualified, and be deemed never to have been disqualified, under clause (a) of sub-section (1), if he was at that time holding any office saved form disqualification under the said clause (a) and shall continue to be such member for such period or subject to such term and conditions for which or on which he would have otherwise continued as such member; and anything done or any action taken by such person shall be deemed to be duly done or taken and he committee shall be deemed to be property constituted, and such thing done or action taken shall not be called in question in any court or authority on the ground only that the committee was not properly constituted or that the person was disqualified to continue as a member. (3) Notwithstanding anything contained in clause (b) or (c) of sub-section (1), disqualified under either clause shall not, in the case of a person who on the date of the conviction is a member of any specified society, take effect until three months have elapsed form that date or, if within that period an appeal or application for revision is brought in respect of the conviction of the sentence until that appeal or application is disposed of by the Court, [145G. Account of election expenses maximum thereof and lodging of account.] Deleted by Guj.23 of 1982, s.28. [145H. Disqualification for failure to lodge account of election expenses.] Deleted by Guj. 23 of 1982, s.28 145-I The State Government may, for reasons to be recorded, remove any disqualification under this Chapter or reduce the period of any such disqualification. 145-J The following shall be deemed to be corrupt practices for the purposes of this Chapter :— Removal or reduction of period of disqualification. Corrupt practices. [1962: Guj. X Gujarat Co-operative Societies Act, 1961 (1) “Bribery” that is to say— (A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of including— (a) a person to stand or not stand as, or to withdraw or not to withdraw from being a candidate at an election, or (b) an elector to vote refrain from voting at an election, or as a reward to— (i) a person for having so stood, or for having withdrawn or not having withdrawn his candidature; or (ii) an elector for having voted or refrained from voting; (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward— (a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or attempting to include any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. Explanation.—For the purposes of this clause, the term “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward, but it does not include the payment of any expenses bona fide incurred at, or for the purpose of any election and duly entered in the account of election expenses referred to in section 145G. (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent to the candidate or his election agent with the free exercise of any electoral right : Provided that— 1962: Guj. X] Gujarat Co-operative Societies Act, 1961 (a) without prejudice to the generality of the provisions of this clause, any such person a is referred to therein who— (i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested,. With injury of any kind including social ostracism and ex- communication or expulsion from any caste or community ; or (ii) includes or attempts to induce a candidate or an elector to believe that, he, or any person in whom he is interest, will become or will be rendered an object of divine displeasure or spiritual censures, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause ; (b) a declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. (3) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than candidate himself, the members of his family or his agent) to or form any polling station: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any polling station shall not be deemed to be corrupt practice under this clause : Provided further that the use of any public transport vehicle or vessel or railway carriage by any elector at his own for the purpose of going to or coming from any polling station shall not be deemed to be a corrupt practice. Explanation.—In this clause and in the next succeeding clause, the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (4) The use of vehicles belonging to a specified society for the purpose of any election. [1962: Guj. X Gujarat Co-operative Societies Act, 1961 105* * * * * (6) Making special advances of loans or otherwise favouring any elector or group of elector between the date of declaration of programme for an election and the date of declaration of the result thereof.