CS Kanika Goel

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I hope my previous article helped you in knowing election process in multi state co-operative societies https://taxguru.in/corporate-law/constitution-board-directors-multi-state-cooperative-society-election-process.html. In this article, you will get know about annual filing of returns in MSCS.

Section 120 of MSCS Act 2002, Article 243ZP of the Constitution (97th Amendment) Act 2011 and the relevant clause of Society’s Bye-Laws governs annual filing of returns of MSCS.

Section 120 of the act says

“Every year within six months of the closure of the accounting year every multi-state cooperative society shall file the following returns with the Central Registrar, namely-

(a) annual report of the activities

(b) audited statements of accounts;

(c) plan for surplus disposal as approved by the general body;

(d) list of amendments to the bye-laws of the multi-state cooperative society;

(e) declaration regarding date of holding of general body meeting and conduct of elections where due;

(f) any other information required by the Central Registrar in pursuance of any of the provisions of this Act.”

It means the return is required to be filed last by September 30 if the financial year ends on 31st march of the year. Consequently, the society should conduct Annual General Body Meeting before September 30 to avoid the non-compliance of Section 120 of the Act.

It has been noticed that clients face problem in getting standard formats of documents for filing of MSCS. I am sharing the format for filing information to be given in annual report:

Report Information under Section 120 of the Multi state Co-operative Societies Act, 2002

Block 1 Information

1.1 Name of Society
1.2 Address of the Society with Telephone & FAX
1.3 Present President of the Society and his Address/ Telephone/ FAX
1.4 Present Secretary of the Society and his Address/ Telephone/ FAX
1.5 Registration No
1.6 Date of Registration
1.7 Whether a new society or converted from a society registered under state act if yes, Registration No. and date of registration under state Act
1.8 Whether comprehensive bye laws have been registered after new MSCS Act 2002, if yes, Registration No. and date of Registration, If no registration No and date on which partial bye laws were requested

Block-2 General Details

2.1 Type of Society (Primary/ Federation/ National)
2.2

 

Principal Activities of society, i. Banking, ii. Credit & Thrift, iii. Produce, iv. Marketing, v. others (specify)
2.3 Major Activities undertaken
2.4 Area of operation, name of States
2.5 Total Membership
2.6 No. of Institutional members
2.7 No. of Defaulter Members

Block-3 Financial Details

3.1 Authorized Share Capital
3.2 Paid Up Share Capital
3.3

 

Total Reserve- out of which

a. Statutory Reserve

b. Contingency Reserve

c. Others Reserves

d. Education Fund

3.4 Deposit Made by society (in other institution)
3.5 Total Borrowings
3.6 Working Capital
3.7 Total Liabilities
3.8 Total Funds Position
3.9 a. Cash in hand
3.1 b. Balance with Banks
3.11 Investments
3.12 Fixed Assets
3.13 Bad Debts
3.14 Total Assets
3.15 Loan Advances
3.16 Loan Recovered
3.17 Loan Outstanding
3.18 Total Income/Sales (Interest Income)
3.19 Total Expenditure
3.2 Profit
3.21 Accumulated Profit
3.22 Total Purchase during the year (Item wise)
3.23 Total Sale during the year (item wise)

Block-4 Audit & Election

4.1 Year up to which Audit is complete
4.2 Audit Classification
4.3 Compliance Audit
4.5 Date on which Last Election was Held
4.6 Due date for next election
4.7 No. of Management Committee Members (Board of Directors)
4.8 a. Elected
4.9 b. Nominated
4.1 c. co-opted
4.11 No. of Management committee meeting held during the year
4.12 Constitution of General body
4.13 Date at which Last AGM held

Block-5 Establishment

5.1 No. of Sanctioned Posts
5.2

 

No. of Employees (Managerial,/ Technical/ Other each separately) out of which
5.3 5.4 a. Schedule Caste

b. Schedule Tribe

5.5 Trained Staff, out of which
5.6 a. Schedule Caste
5.7 b. Schedule Tribe
5.8 Trained during the reporting period
5.9

 

Cost of Management

a. Salaries

b. Other Expenses

c. Other Administrative Cost

Total administrative cost (a + b + c)

5.1 Loans and grants receive during the year (agency/ source wise)

Block- 6 Misappropriation

6.1 Nature of Misappropriation
6.2

 

Level at which Misappropriation occurred (i. Management Committee, ii. Employees, iii. Members, iv. Vendors)

i. Amount involved

ii. Amount Recovered

iii. Action taken & status

Block- 7 Arbitration Cases

7.1

 

Arbitration and execution cases for Recovery etc. before various courts including CRCS and Appellate Authority (Court wise)
7.2 Pending at the beginning of the year
7.3 Settled during the year
7.4 Pending at the end of the year

Block-8 Other Information

8.1 Date of Audit of Accounts and copy of Audit Report
8.2 Balance Sheet and Income and Expenditure
8.3 Plan for Surplus Disposal
8.4 Date of General Body Meeting
8.5

 

List of Amendments to the bye-laws of Multi State Coop Society and conduct of Elections

For Society
Sd/-

Apart from this report, audited financials, business plan for ensuing period, list of amendments in Bye-Laws, Notice of General Body Meeting and declaration of due date of election are to be annexed along with annual filing.

The documents should be duly attested for future reference. For this purpose, it is advisable to make 2 sets of documents.

Drafting and processing of documents for Annual Return requires high degree of accuracy and diligence.

Get complete support on annual filing with minute accuracy at prudentadviso@gmail.com +91-9711372050

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