144E. Disqualifications for membership.- (1) A person shall be disqualified for being elected as, and for being a member of the committee of any specified society,- (a) if he 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 elected, appointed or co-opted to any reserved seat on the committee of a society under section 73BB;
(b) if he has been convicted of an offence punishable under section 153 A or section 171 E or 171 F or sub -section 144 Q or clause (a) of sub -section ( 2) or sub section ( 3) of section 505 of the Indian Penal Code, or unless section 144 Q or clause (a) of sub –section (2) of section 144 R of this Act, unless a period of six years has elapsed of five years since the date of his conviction;
(c) if he has found convicted by a Court in India for any offence and sentenced to imprisonment for not less than two years, unless a period of five years has elapsed since his release;
(d) if he is found guilty of a corrupt practice by the Commissioner of the Division, unless a period of six years has elapsed since the date on which the decision of the Commissioner takes effect;
(d- 1) If he 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 has 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.-
(i) where a coulple has only one children on or after the date of such commencement, any number of children born out of a single sub sequent delivery shall be deemed to be one entity;
(ii) "child" does not include an adopted child or children;
(e) if he so disqualified by or under any other provision of this Act.
(2) For the purpose of clause (a) of sub -section (1), a person shall not be deemed to hold an office of profit under a society, if he does not receive any remuneration other than compensatory allowance, or honorarium payable under sub -section (2) of section 65 not exceeding rupees six thousand per year.
Explanation.-In this sub -section, "compensatory allowance" means the traveling allowance, the daily allowance or such other allowance which is paid to the holder of the office for the purpose of meeting the personal expenditure in performing the functions as holder of that office.
(3) Notwithstanding anything contained in clause (b) or (c) of sub -section (1) a disqualification under either clause shall not, in the case of a person who on the date of the conviction is a member of any specified society, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence until, that appeal or application is disposed of by the Court.
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