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Section 27

The Uttarakhand Co-Operative Societies Act, 2003State Act of Uttarakhand · Act 5 of 2003

(1) A co-operative society may, by resolution, remove, or expel a person from its membership in accordance with such procedure and for such causes and within such period as may be prescribed.

(2) The Registrar may also remove or expel a person from the membership of a co-operative society—

(a) if the person has ceased to fulfill the qualifications required for membership, or is disqualified to be a member under this Act, or the rules or the bye-laws of the society, and the co-operative society, even when required by the Registrar by order in writing, fails to remove or expel him, accordance with the provisions of sub section (1) within thirty days from the receipt of the order of the Registrar; or

(b) if the person was admitted to the membership of the society in contravention of the provisions of this Act, the rules or the bye-laws of the society.

(3) No resolution under sub-section (1) and no order under sub-section (2), shall be passed unless the member concerned has been afforded reasonable opportunity of being heard in respect of the grounds on which his removal or expulsion is proposed to be made.

(4) A resolution under sub-section (1), or an order under sub-section (2), shall, subject to the result of appeal, if any against the resolution or the order, as the case may be, with effect from the date of communication of the resolution or the order, have the effect of termination the membership of the member so removed or expelled but without prejudice to his rights and liabilities under this Act, the ruled or the bye-laws of the society, as a past member.

(5) No member of a co-operative society, expelled under sub-section (1) or subsection (2), shall be eligible for re-admission as a member of that society for a period of two years from the date the resolution or order of expulsion takes effect and he shall further be not eligible to hold any office under that society, or to seek election to its committee of management for a period of three years from the date of his re-admission as a member.

CHAPTER IV MANAGEMENT OF SOCIETIES Final authority in co-operative society

28. Subject to the provisions of this Act and the rules the final authority of a cooperative society shall vest in the general body of its members in general meeting :

Provided that, in such circumstances as may be prescribed (the final authority shall vest in the delegates of such members elected in the manner prescribed) and assembled in general meeting and in such case all references in this Act, the rules or the bye-laws to the general body and general meeting shall be deemed to be references to the body consisting of such delegates of members and to the general meeting of such delegates.

Committee of management

Where this provision sits

ActThe Uttarakhand Co-Operative Societies Act, 2003
Section27
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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