| Persons who
may become members 9 of 1872 |
20. (1) No person shall be
admitted as a member of a society
except the following namely; |
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(a) an individual competent to
contract under section II of the
Indian Contract Act, 1872: |
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(b) any other society; |
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(c) the Government; |
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(d) a firm, a company or any
other body corporate constituted
under any law for the time being in
force or a society registered under
any law in force relating to
Registration of societies or a bank
as defined in the Act subject to
such terms and conditions as may be
laid down by the Government by
general or special order in this
behalf. |
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(2)Any person
who is duly qualified for admission
as a member under the provisions of
this Act and the bye laws of a
primary agricultural credit society.
Makes an application for membership
of such society, shall be deemed to
have been admitted as a member of
such society from the date of
receipt of the application in the
office of the society.
Provided that the Registrar may,
either on his own motion at any time
or on an application by the primary
agricultural credit society or any
member thereof made within fifteen
days from the date of such admission
and after giving reasonable
opportunity to the society and the
member concerned. by order declare
such person as not eligible either
to become or to continue as a member
of such society for the reasons
mentioned therein. Where the order
is to be passed on an application of
the society or a member thereof it
shall be passed within thirty days
from the date of receipt of the
application by the Registrar. |
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(3) Any order
made by the Registrar under
sub-section (2) of this section
shall be final and shall not be
called in question in any Court. |
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(4) An application for membership in
a society, other than a primary
agricultural credit society shall be
disposed of by the society within
one month from the date of receipt
thereof, and the decision of the
society on the application shall be
communicated to the applicant within
fifteen days from the date of the
decision;
Provided that is the decision of the
society is not communicated to the
applicant within a period of forty
five days from the date of the
receipt application by the Society,
the Society shall be deemed to have
decided, on the date of expiry of
such period, refusing admission to
the applicant. |
| Disqualification for
membership |
21. (1) No
person shall be eligible for
admission as a member of a society
if he – |
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(a) has applied
to be adjudicated an insolvent or is
an undis – charged insolvent: or |
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(b) has been
sentenced for any offence, other
than an offence of a political
character or an offence not
involving moral turpitude, such
sentence not having been reversed or
the offence pardoned and a period of
five years has not elapsed from the
date of expiry of the sentence. |
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(C) If a member
becomes subject to any of the
disqualification specified in
sub-section (1), he shall be deemed
to have ceased to be a member from
the date when the disqualification
was incurred. |
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(3) Subject to
the general or special order of the
Registrar published in the official
Gazette, no individual who is a
member of a credit society, shall be
eligible for admission as a member
of another credit society. |
Votes of members
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22. Every member
of a society shall have one vote in
the affairs of the society; provided
that –
|
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(a) a nominal
member shall not have the right to
vote; |
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(b) a member of
a primary agricultural credit
society shall have no right to vote
in a general meeting if he is in
default in payment of any sums due
to that society for more than one
year; and |
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(c) where the
Government is the member of the
society, each person nominated by
the Government on the Committee of
the society shall have one vote
except when the right to vote is to
be exercised for election of office
bearers of the society.
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| Manner of exercising
vote |
23. (1) Every
member of a society shall exercise
his vote in person at a meeting of
the society and no member shall be
permitted to vote by proxy. |
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(2)
Notwithstanding anything contained
in sub-section (1), a society or
corporation or firm which is a
member of another society may,
subject to any rules made under this
Act. appoint one of its members or
partners, as the case may be, to
vote on its behalf in the affairs of
that society. |
Nominal members
|
24. (1) A
society may admit any individual or
other person or firm as a nominal
member in accordance with its
bye-laws. |
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(2) A nominal
member shall not be entitled to any
share, in any form whatsoever, in
the assets or profits of the society
or to become an officer of the
society. |
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(3) A nominal
member shall have such privileges
and rights of a member and be
subject to liabilities of a member,
as may be specified in the bye-laws
of the society. |
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Member not to exercise regards till
due payment made |
25. No member of
a society shall exercise the rights
of a member unless he has made such
payments to the society in respect
of member-ship or has acquired such
interest in the society, as may be
specified in the bye-laws. |
Restrictions on holding
of shares |
26. In any
society, no member other than the
Government or any or her society
shall hold or have claim to more
than such portion of the total share
capital of the society which exceed
one-fifth thereof or Rs, 5,000/-
whichever is less.
Provided that the Government may. by
notification in the official Gazette
specify in respect of any class of
societies a higher maximum than
one-fifth of the share capital or a
higher amount than Rs. 5000/-, as
the case may be. |
| Restriction on
transfer of shares or interest |
27. (1) The
transfer of a share or interest of a
member in the capital of a society
shall be subject to the restrictions
specified in section 26. |
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(2) No transfer
by a member of his share or interest
in a society shall be valid unless |
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(a) the member
has held such share or interest for
not less than one year; |
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(b) the transfer
is made to the society or to a
member of the society and |
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(c) the transfer
is approved by the Committee of the
society; |
| Transfer of interest
on death of a member |
28. (1) On the
death of a member the society shall
transfer the share or interest of
the deceased member to the person or
persons nominated in accordance with
the rules or, if no person has been
so nominated, to such person as may
appear to the Committee to be the
heir or legal representative of the
deceased member;
Provided that such nominee, heir or
legal representive, as the case may
be, is admitted as the member of the
society. |
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(2)
Notwithstanding anything contained
in sub – section (1) any such
nominee, heir, or a legal
representative. as the case may be
require the society to pay to him
the value of the share or interest
of the deceased member ascertained
in accordance with the Rules. |
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(3) The society
may play all other moneys due to the
deceased member from the society to
such nominee, heir or legal
representative, as the case may be. |
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(4) All
transfers and payments made by a
society in accordance with the
provisions of this section shall be
valid and effectual against any
demand made upon the society by any
other person. |
| Liability of past
members and estate of deceased
member |
29. (1) Subject
to the provisions of sub-section
(2), the liability of a past member
or of the estate of the deceased
member of a society for the debts of
the society as they existed shall
continue for a period of two years |
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(a) in the case
of a past member, from the date on
which he ceased to be a member: and |
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(b) in case of a
deceased member from the date of his
death. |
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(2) Where a
society is ordered to be would up
under section 75, the liability of a
past member or of the estate of a
deceased member who ceased to be a
member or died within two years
immediately preceding the date of
the order of winding up, shall
continue until the entire
liquidation proceedings are
completed but such liability shall
extend only to the debts of a
society as they existed on the date
of his ceasing to be a member or
death, as the case may be. |