(1) Where the whole of the assets and liabilities of a Society are transferred to another Society in accordance with the provisions of Section 14 the registration of the first mentioned Society shall stand cancelled and it shall be deemed to have been dissolved and shall cease to exist as a corporate body.
1. Substituted by Orissa Act 7 of 1997, dated 23.07.1997.
2. Added by Orissa Act 7 of 1997, dated 23.07.1997.
Provided that nothing in this clause shall debar a student, who is a minor, from becoming a member of a Society formed for the benefit of the students of an Educational Institution, or a person who is not an individual, from becoming a nominal member:
Provided further that not more than three individuals from the same family shall be admitted as members:
1[Provided also that nothing in this clause shall debar the Co-operative Societies to admit Self-Help Groups as member;]
Explanation :– A Joint Member consisting of two individuals related to each other as husband and wife shall be deemed to be one individual for the purpose of this clause.
(b) a Society other than a Primary Society, except the following, namely :–
(i) any Society;
(ii) the State Government;
(iii) the Central Government; and
(iv) any other person as may be prescribed;
2[(v) a cooperative registered under the Orissa Self-Help Co-operatives Act, 2001] 3[ x x x ] 4[(1-a) Notwithstanding anything to the contrary contained in any other provisions of this Act, and the Rules or Bye-laws framed thereunder, the members of the Committee including the co-opted members, if any, but excluding the members nominated or appointed under Clause (ii) of Sub-Section (1-b) of Section 28, Sub-Section (1) of Section 31 and Sub-Section (1) of Section 32, of the Primary Societies affiliated to the Central Society or an Apex Society, shall be deemed to be the members of their respective Central Society or, as the case may be, the Apex Society or both, with effect from the date of commencement of the Orissa Co-operative Societies (Amendment) Act, 1997 so long as they continue as member of the Committees of Primary Societies.
(1-b) (i) The members of the Primary Societies who were deemed to be the members of their respective Central Society or, as the case may be, the Apex Society or both, prior to the date of the commencement of the Orissa Cooperative Societies (Amendment) Act, 1997, shall be deemed to have ceased to be members of such Societies with effect from the date of such commencement.
(ii) Upon such cessation:–
1. Substituted by Orissa Act 1 of 2008, dated 20.03.2008, w.e.f. 29.09.2007.
2. Inserted by Orissa Act 1 of 2008, dated 20.03.2008, w.e.f. 29.09.2007.
3. Omitted by Orissa Act 7 of 1996, dated 22.04.1996.
4. Substituted by Orissa Act 4 of 1997, dated 23.05.1997.
(d) the business in milk and milk products carried on by a person shall be deemed to be prejudicial to the business or interest of a Milk Co-operative Society;
(e) the business in oil-seeds and oil-seed products carried on by a person shall be deemed to be prejudicial to the business or interest of an Oil-seed Growers' Co-operative Society; and
(f) a family member of an individual shall, unless the contrary is proved, be deemed to have common economic interest with such individual.
(4) Any person continuing as a member of a Society in contravention of the provisions of this section shall cease to be such member with effect from the date of commencement of Section 12 of the Orissa Co-operative Societies (Amendment) Act, 1991.]
1[(5) x x x ] 2[16-A. Admission and continuance as members :– (1) No person shall be eligible for being admitted or for continuing as a member of a Society, if he–
(a) does not satisfy the requirements of this Act, Rules and Bye-laws made thereunder; or 3[(a-1) has not attended three consecutive general meetings of the society and such absence has not been condoned by the members in the general meeting ; or (a-2) has not used for two consecutive years the services, below the minimum level specified in the bye-laws; or]
(b) has been sentenced for an offence involving moral turpitude; or sentenced to fine or imprisonment or both for any other offence by a Court in India, unless any such sentence is annulled or reversed or, in the latter cases until expiry of a period of five years from the date the fine is paid if the sentence is for fine, or where the sentence is for imprisonment or both fine and imprisonment, from the date he is released from the imprisonment, as the case may be; or
(c) is an applicant to be, adjudicated as a bankrupt or an insolvent or is an undischarged bankrupt or insolvent; or
(d) is a paid employee of the Society or its Financing Bank :
Provided such an employee may be admitted or retained as a nominal member; or
(e) has been expelled by the Society or any other Society, unless a period of two years has expired from the date of such expulsion.
1. Omitted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992.
2. Inserted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992.
3. Inserted by Orissa Act 1 of 2013, dated 30.01.2013.
1. Substituted by Orissa Act 28 of 1991, dated 31.12.1991, w.e.f. 11.09.1992.
2. Renumbered by Orissa Act 1 of 2008, dated 20.03.2008, w.e.f. 29.09.2007.
3. Inserted by Orissa Act 1 of 2008, dated 20.03.2008, w.e.f. 29.09.2007.
4. Inserted by Orissa Act 4 of 1997, dated 19.05.1997.
5. Inserted by Orissa Act 1 of 2013, dated 30.01.2013.
6. Omitted by Orissa Act 7 of 1996. dated 22.04.1996.