APCOS Act 21अध्याय III · Members and their Rights and Liabilities

धारा 21 · Disqualification for membership of society

(1)

A person shall be disqualified for being admitted as, and for being, a member, if he

(a)

is an applicant to be adjudicated, an insolvent or is an undischarged insolvent ; or

(aa)[ is not eligible for membership under Section 19] [Inserted by Andhra Pradesh Act No. 28 of 1988, w.e.f. 9-5-1988.] ; or

(b)

has been sentenced for any offence involving more turpitude, such sentence not having been reversed and a period of three years has not elapsed from the date of expiration of the sentence; or

(c)

is a paid employee of the society or of its financing bank or of any society for which it is the financing bank ; or

(d)

has been expelled from membership under this Act and a period of one year has not elapsed from the date of such expulsion; [or] [Added by Andhra Pradesh Act No. 10 of 1970.]

(e)

[ is carrying on business of such kind as the Registrar may by general or special order, declare to be a business which is in conflict with the objects or interests of the society ;] [Added by Andhra Pradesh Act No. 10 of 1970.] [or] [Added by Act No. 22 of 2001, dated 25.4.2001.]

(f)

[ as such member fails to transact such minimum business or utilise minimum services or facilities in a year as may be specified in the bye-laws; or [Added by Act No. 22 of 2001, dated 25.4.2001.]

(g)

fails to attend two consecutive General body meetings in two years without leave of absence; or

(h)

fails to give information relevant to him to the society as specified in the bye-laws.]

(2)

The provisions of clause (b) of sub-section (1) shall not apply to a person seeking admission to, or to a member of, a society exclusively formed for the reclamation of such class of persons [as may from time to time be notified by the Government in the Andhra Pradesh Gazette] [Substituted by Andhra Pradesh Act No. 14 of 1966.].The provisions of clause (c) of sub-section (1) shall not apply to a person seeking admission to, or to a member of

(i)

[ a society which has as its principal object the provision of employment to its members ; or [Substituted by Andhra Pradesh Act No. 14 of 1966.]

(ii)

such other society as may be prescribed.]

(3)

[ Where any person, who is not eligible for being admitted as member has been admitted as member or where the member who is disqualified to continue as such under sub-section (1) is continued as member, he shall be removed by the General body on its own motion or on a representation made to it by any member of a society or its federal society or its financing bank:Provided that no member shall be removed under this sub-section unless he had an opportunity of making a representation against the proposed action. A copy of the resolution removing the member shall be communicated to such person and on such communication, he shall be deemed to have ceased to be a member of the society.] [Substituted by Act No. 22 of 2001, dated 25.4.2001.]

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