“Incorporation, regulation and winding up of corporations, other than those specified in List I, and universities; unincorporated trading, literary, scientific, religious and other societies and associations; co-operative societies” Therefore the cooperatives are presently governed by respective state laws, with a Commissioner and the Registrar of Societies as their governing office. A ministry of co-operation is formed on the vision of “Sahkar se Samriddhi” to provide a separate administrative, legal and policy framework for strengthening the cooperative movement in the country and to streamline the process for ease of doing business for cooperative.
To understand more about cooperative let us brief few principles cooperative:
- Voluntary and Open Membership: voluntary & open to all people
- Democratic Member Control: democratic organizations controlled by their members
- Members’ Economic Participation: Members contribute equally to, and democratically control, the capital of the cooperative
- Autonomy and Independence: autonomous, self-help organizations controlled by their members Education, Training and Information: Provides education and training for members, elected representatives, managers and employees so they can contribute effectively to the development of their cooperative
- Cooperation among Cooperatives: strengthen the cooperative movement by working together through local, national, regional and international structures
- Concern for Community: work for the sustainable development of communities through policies and programs accepted by the members
Constitutional provision of cooperative societies:
Article 19 (1) (c) was added by the 97th amendment of the constitution in 2011 effective from 12th January 2012. Article 19 forms of right to freedom stating the 8 protection of right regarding freedom of speech wherein newly added sub clause (c) conferred freedom “To form associations or unions or co-operative societies” Likewise article 43B was inserted via the amendment act. Provision of Article 43B
Under the Maharashtra Co-operative Societies Act, 1960 following types of Societies can be registered:
1. Agricultural Marketing Society section 2(1)
2. Apex society section 2(2)
3. Consumers society section 2(9)
4. Cooperative bank section 2(10)
5. Crop protection society section 2 (10A)
6. Farming society section 2 (12)
7. Federal society section 2 (13)
8. General society section 2(15)
9. Central bank section 2(6)
10.Housing society section 2 (16)
11.Processing society section 2 (22)
12.Producers society section 2 (23)
13.Resource society section 2 (25)
14.Lift irrigation society section 2 (16A)
A detailed checklist for registration cooperative society:
1. Society name registration and bank opening form (along with court fee ticket)
2. Proceeding of meeting of promoters of proposed society
3. Form-A Rule-4(1) (along with court fee ticket)
4. Primary list of promoters
5. Model bye laws copy
6. Proof of share amount deposited in bank
7. Society registration fee challan
8. List of members willing to be member of proposed society, list of land “Bagayati or Jirayati” acquired by them which is approved by Talathi and Gramsevak
9. Economic capacity committee recommendation in accordance with GR dt.30/09/2013 of DOCMT
10.Certificate of financial and technical viability of proposed society by DIC, directorate of Industries
11.Project report of society
12.Certificate of minimum 10% of the member are artisan or experience out of 51 members (if to be registered as Industrial co-op society)
13.Plan of proposed society and 3 years estimate of proposed society and 30 members are included in minimum 5 acre is to be mentioned in the plan
14.Proof of office space or land availability or registered rent agreement
15.Residential proof of proposed members + KYC proof
16. NOC from credit cooperative societies of the said jurisdiction (if to be registered as non agriculture credit co-op society 14
17. Approval letter of Hon. Director of Marketing if project cost exceeds Rs. 1 crore (if to be registered as processing cooperative society)
18.7/12 and 8A extract of current year of proposed members (if to be registered as lift irrigation coop society)
19.Crop planning plan from agricultural officer, panchayat samiti and taluka agricultural officer (if to be registered as lift irrigation coop society)
20. Guarantee letter from MSEB to provide electricity supply to the society once get registered (if to be registered as lift irrigation coop society)
21. NOC from departments to lift water from project or canal (if to be registered as lift irrigation coop society)
22.Certified copy of map of workplace creator (if to be registered as lift irrigation coop society)
23. NOC from land owner to fit electricity meter (if to be registered as lift irrigation coop society)
24.List of identity cards of members registered with employment exchange (if to be registered as unemployed coop society)
25. NOC from district labour federation (if to be registered as labour co-op society)
26.Certificate from executive engineer PWD that member is not registered contractor (if to be registered as labour co-op society)
27. Division of scrutiny committee recommendation letter (if to be registered as labour co-op society)
28.List of work availability in future certified by competent officer(if to be registered as labour co-op society)
29.Certificate from competent officer regarding 15 members of the society are above 18 years and are labour (if to be registered as labour co-op society)15
30.ITI certificate copy if promoter member is fitter or electronic (if to be registered as transport co-op society)
31. Demand letter of work availability e.g. from company or semi government offices or IT sector and other societies (if to be registered as transport co-op society)
32. Opinion / Intent of AR, DDR, Joint Registrar cooperative society office to register such type of society (if to be registered as transport co-op society)
33.Certificate of employer regarding employee or member working on their establishment and on their pay roll (if to be registered as employees co-op
society)
34. Guarantee letter from the employer regarding deduction of debt installment from payment of the employee or member (if to be registered as transport co-op society)
35.Certificate from competent officer if members of the society are of backward class (if to be registered as primary consumer co-op society)
Check List regarding documents to be submitted with the proposal for the registration of a Multi state Cooperative Society
The International Cooperative Alliance https://www.ica.coop/ was founded in 1895 serves as the oldest NGO represents about 1 billion cooperative members on the planet Likewise in India the National Cooperative Union of India www.ncui.coop is the oldest founded in 1929 represent entire cooperative movement of the country.
Total 262 institutions registered as member with NCUI in which
a) 17 are National Level Federations
b) 28 are State Cooperative Unions
c) 4 are Cooperative Unions of UTs
d) 15 are State Cooperative Marketing Societies
e) 19 are State Cooperative Banks
f) 9 are State Cooperative Land Development Banks
g) 6 are State Cooperative Consumer Federations=
h) 5 are State Cooperative Housing Finance Societies
i) 11 are State Urban Cooperative Banks Credit Associations
j) 15 are State Cooperative Federations in Dairy/Milk Marketing Federations
k) 4 are State Cooperative Federations in Sugar/Cane Federations
l) 22 are others
m) 1 is State Tribal Development Cooperative Cooperation’s
n) 95 are Multi State Cooperative Societies
Conclusion:
The co-operative movement that was started to help the rural indebtedness has now made noticeable progress. The sector has grown in size and expanses, resulting in creating a space for itself in the economic framework of the country. Professionals like chartered accountant can too contribute to nation by serving such cooperatives and reach out to society. With their excellent technical and soft skills they are well 42
fitted for the role of assistance to cooperatives banks, multi state cooperative societies, cooperative societies, and can serve the cooperative sector ultimately serve the nation
Author Bio
