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Section 29: Election and nomination of members of Committees.

The Jammu and Kashmir Co-Operative Societies Act, 1989Union territory Act of Jammu and Kashmir · Act 10 of 1989

(1) The members of the Committee of a Co-operative Society shall be elected in such manner as may be prescribed and no person shall be elected unless he is a share-holder of the society.

(2) The term of office of the Committee shall be three years.

(3) Each Committee shall within 90 days before expiry of its term, make arrangements for the constitution of a new Committee in accordance with the provisions of this Act and rules and bye-laws made thereunder.

(4) Where any Committee has ceased to hold office and no Committee has been constituted in accordance with the provisions of this Act and rules and bye-laws made thereunder, the [Government or Registrar] may, by an order in writing, appoint a [Board of Management or Administrator] for such period as may, from time to time, be specified in the order and the [Board of Management or Administrator] shall before the expiry of the period of his appointment, arrange for the constitution of a new Committee in accordance with the provisions of this Act and rules and bye-laws made thereunder :

[Provided that the Board of Management or the Administrator may be appointed for a period not exceeding [three months and, in circumstances beyond its control, six months] and the elections shall be held within such period for the reconstitution of the Committee or the Board, as the case may be :

Provided further that the Board of Management may be appointed by the Government for the Apex Level Institutions and the Administrator may be appointed by the Registrar for the Primary Agricultural Co-operative Societies and the Secondary Level Co-operative Societies].

(5) Notwithstanding anything contained in this section, where the byelaws of the Society so provide the first Committee may be nominated by the authority mentioned in those bye-laws.

[(6) Where the Government have subscribed to the share capital of a Cooperative Society or has guaranteed the repayment of the principal and the payment of interest on debentures issued for loans raised by a Co-operative Society, the Government or any person authorized by it in this behalf shall have the right to nominate on the Committee such number of persons not exceeding three or one-third of the total number of members thereof, whichever is less, as the Government may determine :

Provided that in case of a Co-operative Society other than a Co-operative Credit Structure Society, in addition to members so appointed two seats shall be reserved for members belonging to Scheduled Castes and other Backward Classes and one seat shall be reserved for women, which shall be filled by the Government in such manner as may be prescribed :

Provided further that in case of a Co-operative Credit Structure Society, two seats shall be reserved for members belonging to Scheduled Castes and other Backward Classes and one seat shall be reserved for women, which shall be filled by election and where a candidate from any such category is not available, then such seat shall be filled by election from unreserved candidates. (6A) Notwithstanding anything contained in sub-section (6),

(a) there shall be only one nominee of the Government on the Committee of an Apex Co-operative Bank or a Central Co-operative Bank, if the Government has subscribed to its share capital ;

(b) there shall be no nominee of the Government on the Committee of a Primary Agricultural Credit Society].

(7) In the case of Societies which give loans for purchase of machinery, implements, equipments, commodities or other goods, no member, whose near relation is a dealer in such goods or is a Director of the Company or a partner of a firm carrying on business in such goods, shall be eligible for being elected or appointed as a member of the Committee of such Society

Where this provision sits

ActThe Jammu and Kashmir Co-Operative Societies Act, 1989
Section29
Marginal noteElection and nomination of members of Committees.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act No. XIX of 2000. . Substituted by Act No. XIX of 2000, s. 2.
  • inserted. . Provisos inserted ibid.
  • substituted, Act No. X of 2010. . Substituted by Act No. X of 2010, s. 11.
  • substituted. . Sub-section (6) substituted ibid.

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