Amendment status not verified — confirm the current text below against the official source.
Disqualifications for membership of committee.- (1) No person shall be eligible for being elected or appointed as a member of a committee if he- (a) is such near relation as may be prescribed of a paid employee of the registered society; or (b) (i) is in default to the society or to any other registered society or if he is a representative of a society, which is in default to the financing bank or to any other registered society, in respect of any sum of money due by him or by the society, which he represents for a period exceeding three months: Provided that, a member of the committee who has ceased to hold office as such under this sub-clause shall not be eligible for a period of one year from the date on which he ceased to hold office, for re-election as a member of the committee, of the registered society of which he was a member or for election to the committee of any other registered society; or (ii) is a person against whom any decree, decision, award or order referred to in section 133 has been obtained or a representative of a society against which such decree, decision, award or order has been obtained; or (iii) is a person against whom an application has been made for the recovery of debts under section 134 or for the sale of the mortgaged property or any part thereof under section 105: Provided that a member of the committee who has ceased to hold office, as such under sub-clauses (ii) and (iii) shall not be eligible for a period of three years from the date on which the dues involved in such decree, decision, award, order or as application have been fully discharged for re-election as a member of the committee of the registered society of which he was a member or a representative, or for election to the committee of any other registered society; or 68 (c) is interested directly or indirectly in any contract made with the society, or in any sale or purchase made by the society privately or in any auction or in any contract or transaction of the society (other than investment and borrowing) involving financial interest; or (d) is interested as a member of the committee, in any such contract, sale, purchase or transaction and a period of five years has not elapsed from the date of completion of such contract, sale, purchase or transaction: Provided that, clauses (c) and (d) shall not apply to such class of contracts, sales, purchases or transactions as may be prescribed; or (e) is employed as legal practitioner on behalf of the registered society or against the registered society or on behalf of or against any other registered society which is a member of the former registered society; or (f) is an associate member; or (g) is a minor or of unsound mind; or (h) has been sentenced for any offence under this Act, such sentence not having been reversed and a period of three years has not elapsed from the date of the expiration of the sentence; or (i) has been removed from the office of the member of the committee of the registered society or of any other registered society or disqualified under section 35. (2) No person shall be eligible for being elected or appointed as a member of a committee, if he had held office as a member of the committee for two consecutive terms unless a period of three years has elapsed from the date on which his last term of office expired: Provided that, a person elected as a member of a committee for a term of three years shall be deemed to have held office for the full term, even if there be any break in that term through resignation or other cause: Provided further that, a member elected or co-opted for not less than one year against a casual vacancy during the term of a committee, shall be deemed to have held office for a full term. (3) Any person elected to the committee of a society for the first term after the commencement of this Act shall not be eligible for election to the committee of that society for the second term, if he had already served or had been elected for a period not less than three years immediately before the commencement of this Act. 69 (4) No person shall be eligible for being elected or appointed as a member of the committee, (a) of any registered society, if he is not able to read and write; and (b) of a registered society classified as a central or an apex society, if he has not been a member of a society for a period not less than three years. (5) (a) No person shall, at the same time, be a member of the committees of more than three registered societies. (b) Subject to the provisions of clause (a), no person shall, at the same time, be a member of the committees of more than one registered society classified as an apex society or of the committees of more than one registered society, classified as a central society. (c) If any person, is on the date of his election or appointment as a member of the committee- (i) a member of the committees of three registered societies; or (ii) a member of the committee of a registered society classified as an apex society or a central society, and the committee to which he is elected or appointed on that date is the committee of any such apex society or, as the case may be, central society; then his election or appointment on the date aforesaid shall be void. (d) If any person is at the commencement of this Act, a member of the committees of more than three registered societies, then at the expiry of the period of ninety days from such commencement, he shall cease to be a member of the committees of all such registered societies, unless he has previously resigned his membership of the committees of all but three of those societies. (6) A member of the committee shall cease to hold his office as such if he- (a) becomes subject to any of the disqualifications mentioned in sub-section (1): Provided that, where a member of the committee ceases to hold his office as such by reason of having been sentenced for any offence under this Act, he shall be restored to office for such portion of the period for which he was elected or appointed as may remain unexpired at the date of such restoration if and when the sentence is annulled on appeal or revision and any person elected or appointed to fill the vacancy in the interim shall on such restoration vacate office; or (b) ceases to be a member of the registered society; or (c) purchases directly or indirectly any property of another member brought to sale for recovery of any money due from such other member to the society. 70 (7) (a) No member of a committee which has been superseded shall be eligible for election or appointment to the committee of that society or to a committee of any other registered society for a period of three years from the date of expiry of the period of supersession. (b) No member of a committee in respect of which proceedings for supersession under section 83 are pending shall be eligible for election or appointment to the committee of that society or to a committee of any other registered society till the termination of those proceedings. (8) Nothing in this section shall apply to a member nominated to the committee by the Government or the Registrar. (9) Any question as to whether a member of the committee was or has become subject to any of the disqualifications mentioned in this section, shall be decided by the Registrar. *35. Disqualifications for office bearers- (1) A member of the committee shall not hold any of the offices of President, Chairman, Vice-President, Secretary, Assistant Secretary, Treasurer, or an office of any other designation in more than one registered society. (2) If any member of a committee is at the commencement of this Act, an office-bearer of more than one registered society, then at the expiry of the period of ninety days from such commencement, he shall cease to be an office-bearer of all such registered societies, unless he has previously resigned his office in all but one of the societies.