73FF. Disqualification for membership of committee.- (1) Without prejudice to the other provisions of this Act or the rules made there under in relation to the disqualification of being member of a committee, no person shall be eligible for being appointed, nominated, elected, co-opted or, for being a member of a committee, If he- (i) is a defaulter of any society;
Explanation.-For the purposes of this clause, the term "defaulter'' includes-
(a) in the case of a primary agricultural credit society, a member who defaults the repayment of the crop loan on the due date;
(b) in the case of term lending society, a member who default the payment of any instalment of the loan granted to him;
(c) in the case of any society,- (i) a member who has taken anamator advance; or (ii) a member who has purchased any goods or commodities on credit or availed himself of any services from the society for which charges are payable; and fails to repay the full amount of such anamat or advance or pay the price of such goods or commodities or charges for such service, after receipt of notice of demand by him from the concerned society or within thirty days from the date of withdrawal of anamat or advance by him or from the date of delivery of goods to him or availing of services by him, whichever is earlier;
(d) in the case of non-agricultural credit societies, a member who defaults the payment of any instalment of the loan granted;
(e) in the case of housing societies, a member who defaults the payment of dues to The society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues;
(ii) has, in the opinion of the Registrar, deliberately committed breach of cooperative discipline with reference to linking up of credit with co-operative marketing or cooperative processing; or
(iii) has been, held responsible under section79 or 88 or has been held responsible for payment of costs of inquiry under section 85; or
(iv) has incurred any disqualification under this Act or the rules made thereunder; or
(v) carries on business of the kind carried on by the society either in his name or in the name of any member of his family or he or any member of his family is a partner in a firm or a director in a company which carries on business of the kind carried on by the society;
Explanation.-For the purpose of this clause, the expression "family" mean a wife, husband, father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law; or
(vi) 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 office of a Managing Director or any other office declared by the State Government by general or special order not to disqualify its holder or is entitled to be or is selected or elected to any reserved seat on the committee of a society under section 73BB.
(vii) has more than two children:
Provided that, a person having more than two children on the date of commencement of the Maharashtra Co-operative Societies (Third Amendment) Act, 2001 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:
Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.
Explanation. - For the purposes of this clause.-
(a) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;
(b) "child" does not include an adopted child or children.
(2) A member who has incurred any disqualification under sub-section (1), shall cease to be a member of the committee and his seat shall thereupon be deemed to be vacant.
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