Saturday, April 8, 2017

Chptr-2. Co-operative Registration in India

                                                                                                        HISTORICAL BACKGROUND


sir rajagopalchari, who was the registrar of co-operative societies  at  madras province was  appointed  as diwan  of  Cochin  and  subsequently  as  diwan  of  travacore  state.  he had  the  experience  in  the  working    of  co-operative  societies.  so  he  took   the  initiative rand  thereby the first act  by  the  name  Cochin  co-operative  societies  act  of  1913  was   passed.                                                                          
according  to  the  provisions  of  this  act  first  society  organised  in  Cochin  state  is still working  by  the name  edavanakkad  service  co-operative  bank. the  same rajagopalachari  was  appointed   as  the  diwan  of   travancore  also.he  took  the initiation  and thereby travancor co-operative societies  regulation was passed in the year 1914. the late c. govindpillai was appointed as the first registrar of co-operative society in travencore state on November 1914 the first society was registered on 17th November 1914 by the name trivandram central co-operative bank ltd which is the present Kerala state co-operative bank in 1949 the travencore and Cochin state were integrated and thereby travencore Cochin state was formed .at the time travencore co-operative society act was applicable to the Cochin state. There arise necessity to have a common law for the entire travencore Cochin state and in 1952 travencore Cochin co-operative societies act was passed. This was applicable to the entire travencore, Cochin State and old acts were repealed  

Acts


1. Cochin co-operative society Act 1913 
2. Madras co-operative society Act 1932 
3. Travencore co-operative society Act 1914
4. Travencore Cochin co-operative society Act 1952
5. Kerala co-operative society Act 1969 

Chptr-1.Co-operative Registration in India

HISTORICAL BACKGROUND 


During the early period of British rule the economic condition of the Indian villages was completely shattered.
Britain exploited India by exporting the rich raw materials of our country and importing the manufactured goods from England. Britishers made India a market of their finished product. as a result Indian industries had a set back and they gradually collapsed .
the people who were engaged in such industries had no other alternative but to fall back upon agriculture for their livelihood. this situation added the pressure on land. the Britishers did not pay attention to the problems of  the agriculturists. consequently it was a period of money lenders. they lend money at high rate of interest to the needy agriculturists. this situation increased their indebtedness the money lenders exploit agriculturists , which resulted in unrest among agriculturists   
 ACTS

1. The co-operative credit society Act 1904
2. The co-operative credit society Act 1912
3. Co-operation as state subject 1919
4. Multi unit co-operative society Act 1942
5. Multi state co-operative society Act 1984
6. Multi state co-operative society Act 2002
7. Andhra pradesh mutually aided co-operative society Act 1995
8. banking regulation Act 1949 applicable to co-operatives

Chptr-4.Chptr-4.Registration Of Co-operative Societiess

Co-operative societies are one of the forms of business organisation these are formed by the people who wish to get some benefit from that organisation. they function under the sovereign principle principle of mutual help. generally, they are formed by the economically weaker sections who join together for the promotion of their common economic interest. in this way different sections of people join together and form co-operative organisation or society for their betterment. The object of the society is to improve the condition of the community as a whole.


REGISTRATION
For forming the society it is compulsory to register for getting the legal entity. For that purpose a co-operative society must be registered  under co-operative society Act only after the registration, it can commence its operation . Section 4 to 8 of Kerala co-operative society act 1969 and rules 3 and 4 dealt with the registration of a co-operative society

SECTION 3 (1)
*Registrar
SECTION 4
*Objects
SECTION 5
*Limited liability
SECTION 6 AND RULES 3
*Application for registration
SECTION 7 AND RULE 4
*Registration
*Modification
*Refusal
SECTION 8
*Registration certificates
SECTION 9
*Corporate status
RULE 5
*Bye-Laws
*Subject matters of bye laws
RULE 6
*Model bye-laws
SECTION 10
*Change of name of society
SECTION 11 AND RULE 12 
*Change of liabilty
SECTION 12 AND RULE 9
*Amendment of bye-law
*Procedure for amendment
*Compulsory amendment of bye-law 

Chptr-5.Membership in Co-operative Societies s

SECTION 16

ELIGIBILITY TO BECAME A MEMBER  
Section 16 of the co-operative society act provides that membership of co-operative
society is given to the following category of people and institutions.
1. An individual
2. Any other society
3. A local self government
4. the government 
5. Any body of person whether incorporated or not and approved by the government

SECTION 16 & RULE 16 
INDIVIDUAL MEMBERSHIP-QUALIFICATION
According to the section 16 and rule 16 of the co-operative society Act an individual must have the following qualification for membership in a a co-operative society
1. he must have attained 18 year 
2. he is sound of mind
3. He must be a resident within the area of operation of the society or in the occupation
    of land with in the area of operation of the society  
4. He should not be adjudicated as an insolvent
5. he should not have been sentenced for an offence other than of political nature or
    involving moral turpitude
6. He is not a paid employee of society or of this financing bank. This restriction shall
    not apply to co-operative motor transport society, co-operative work shop, societies
    for the employees for financing
    bank  and societies formed for benefit of actual workers 
7. He should not have been surcharged, if surcharged a period of three year
    have been elapsed

PROCEDURE OF GETTING A MEMBERSHIP 
1. He should apply in the prescribed form given by the society
2. His application is approved by the committee 
3. He has full filled all other condition laid down in the act, rules and bye-laws
4. In case of other society or body of person or non statutory board approved by government, committee or     corporation the application for membership shall be accompanied by a resolution authorized it to apply for     such membership    

TERMINATION OF MEMBERSHIP 
1. By expulsion of members if he has acted against the interest of the society
2. By removal of member
3. By withdrawing all his shares 
4. By transfer all of his shares 
5. By liquidating the society
6. By the death of a member