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Friday, 14 October 2022

Section 73A of MCS ACT 1960 : Disqualification for being designated Officer simultaneously of certain categories of societies

73A. Disqualification for being designated Officer simultaneously of certain categories of societies

(1) In  this section  and in sections  73C, 73D  and 73E, ‘ a designated Officer ’ means the Chairman and the President, and includes any other Officer of the society as may be declared by the State Government, by notification in the Official Gazette, to be a designated Officer, but does not include any officer appointed or nominated by the State Government or by the Registrar.

(2) No person shall, at the same time, be or continue to be, a designated officer of more than one society falling in Category I or Category II or Category III of the categories mentioned below ; and shall not be or continue to be designated officer in more than two societies in the aggregate in the three categories 

   Category I.—Societies, the area of operation of which does not extend to the whole of the State.

   Category II.—Societies, the area of operation of which does not extend to the whole of the State,—

     (a) but extends to at least one whole district irrespective of their authorised share capital ; or

     (b) but extends to areas comprised in part or parts in one or more districts and the authorised share capital of which is more than Rs. 10 Lakhs.

   Category III.—Societies, the area of operation of which does not extend to one whole district but extends at least to one whole taluka, or the authorised share capital of which is not more than Rs. 10 Lakhs but is not less than Rs. 5 Lakhs.]


   Explanation.—For the purposes of this sub-section, the expression “ society ” shall not include a society with no share capital and a society not engaged in commercial activities.]

  (2A) If any question arises whether or not a society falls under any of the categories referred to in sub-section (2), such question shall be referred to and decided by the Registrar, and his decision shall be final.]

(4) If any person becomes,  at  the same  time,  4*  *  *  *   * a designated officer of societies in excess of the number prescribed under sub-section (2), unless he resigns his office in the society or societies in excess of the said number within a period of 5[ten days] from the date on which he is 6[elected, co-opted or nominated] a designated officer of more than the permissible number of society or societies, or if the 7[elections, co-options or nominations] are held or made simultaneously, from the date on which the result of last of such elections or appointments is declared, he shall, at the expiration of the said period of 8[ten days], cease to be a designated officer of all such societies, 9[and thereupon, notwithstanding anything contained in any provision of this Act, a person so resigning or ceasing to be a designated officer of any or all such societies shall not be eligible for being 10[re-elected, re-co-opted or re-nominated as a designated officer of such society or societies during the remainder of the term of office for which he was so elected or appointed; and at no point of time such person shall be a designated officer of societies in excess of the number prescribed under sub-section (2).]

(7) Where a person is elected, co-opted or nominated as a member of committee of any society by virtue of his holding office under the Central Government or the State Government or in any local authority or in any body corporate or in any organisation, he shall cease to be such member on the date on which he ceases to hold such office.

(8) No member of a society, who is nominated to represent it on any other society, shall be eligible for being elected, co-opted or nominated as a designated officer of the other society, unless the other society is its federal society.

(9) In the case of such class or classes of societies as may be specified by the State Government, by notification in the Official Gazette, no member shall be eligible for being elected, co-opted or nominated as a designated officer, if he is not an active member and does not fulfill the minimum qualification relating to his monetary transactions with the society as may be laid down, in such notification.]