In exercise of the powers
under Section 130 of Uttar Pradesh Co-operative societies Act, 1965 (U.P Act XI
of 1966), 1904 (U.P Act 1 of 1904), the Governor is pleased to make the
following rules with a view to amending the Uttar Pradesh Co-operative
Societies Rules, 1968. (1)
This rule may be
called the Uttar Pradesh State Co-operative Societies (Fifty-ninth Amendment)
Rules, 2021. (2)
It will come into
force on the date of their publication in the Gazette. In the Uttar Pradesh State Co-operative Societies Rules,
1968, is substituted as following-- 453. (1) No person
shall be eligible to be, or to continue as a member of the committee of
management of any cooperative society, if-- (a)
he is under 21 years
of age; (b)
he is declared
insolvent; (c)
he is of unsound
mind, or is deaf and dumb, or blind; (d)
he has been convicted
for any offence involving, in the opinion of the Registrar, moral turpitude,
such conviction not having been set aside in appeal; (e)
he, or in the opinion
of the Registrar, member of his family enters into or carries on, without the
permission of the Registrar, within the area of operation of the society, the
same kind of business as done by the society itself; (f)
he enters into any
transaction of contact with the society against the provisions of the Act or
the bye-laws of the society; (g)
he accepts or holds
any office of profit under the society or under any society affiliated to such
society: Provided that this restriction shall not apply in case of such
producers or workmen's society as have been permitted by the State Government
to provide in their bye-laws for the participation of employees in the management
of the society; (h)
he is not a member of
general body of the society: Provided
that the provisions of this clause shall not apply in respect of the co-option
of professional person under sub-section (8) of Section 29. (i)
he has been convicted
of any offence under the Act or the rules, unless a period of three years has
elapsed from the date of the conviction; (j)
he is a person
against whom an order under Section 91 has been obtained by a co-operative
society and is pending satisfaction; (k)
he is in default (at
least of a period of six months), to the society in respect of any loans taken
by him, he is a judgement-debtor of the society; (l)
if he is already a
member of the committee of management of three cooperative societies, i.e. one
primary, one central and one apex society at a time, still he shall be entitled
to contest for the membership of the committee of management of more than three
cooperative societies. In case of be election to the committee of management of
more than three societies as specified above, he shall have to resign from the
Committee of Management of such society or societies within one month so that
he may not remain member of the Committee of Management of more than three
societies. In case he fails to resign within the specified period then at the,
expiration of such period he shall be deemed to have resigned from all except
one apex society and one central society and one primary society, to which he
has been elected last; (m)
he has been dismissed
for practicing fraud, or for bad or dishonest conduct from Government service
or from service of a co-operative society or of a body corporate, such order of
dismissal not having been set aside in appeal; (n)
he joined in the
application for the registration of or was a member of the committee of
management of a cooperative society which was subsequent wound up by Registrar
under clause (a) of sub-section (2) of Section 72 on the ground that the
registration of the society was obtained by fraud, such order of the Registrar
not having been reversed in appeal; (o)
he is otherwise
disqualified under any of the provisions of the Act or the rules. or the
bye-laws of the society. (p)
If he is a delegate
of a non-credit society which is a member of a Central Co-operative Bank or
Uttar Pradesh Cooperative Bank and the society has committed a default for a
period exceeding ninety days. (q)
if he has become a
member of a primary agricultural credit society for the purpose of deposit only
and his deposit in the society becomes less than Rupees One thousand.UTTAR PRADESH STATE CO-OPERATIVE SOCIETIES
(FIFTY-NINTH AMENDMENT) RULES, 2021
PREAMBLE