Unit 3
Unit 3
MANAGEMENT OF
COOPERATIVES
Structure
3.0 .Objectives
3.1 Introduction
3.2 Cooperative Laws and Bye-laws
3.2.1 Cooperative Laws
4()
Structure, Laws and
3.0 OBJECTIVES Management of
Cooperatives
After going through this unit, you will be in a position to:
3.1 INTRODUCTION
Cooperative institutions are those institutions, which, in a formal way, help the
members ofthe community to organise themselves and satisfy their social, cultural
and economic needs democratically and by adopting reasonable professional
methods of management. Cooperative institutions enjoy a legal personality. They
conform to certain principles and observe ethical values in their management.
The Cooperative Credit Societies Act 1904 was the first cooperative legislation
passed during British regime. It was passed on 25th March 1904. Prior to this
period, the cooperatives were governed by the Companies Act in force in India.
The objectives of the Law were:
1) to provide for the constitution and control of cooperative credit societies with a
view to encourage thrift, self-help and cooperation among agriculturists, artisans
.and persons ?f1imited means, and
-2) to provide for the constitution and control of cooperative credit societies for the
said purpose.
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Cooperatives
Cooperative is a state subject. The state recognises cooperatives as legal entities.
The state lays down development policies, enacts cooperative legislation and
frames rules and regulations for cooperative institutions,
• Registration of cooperatives;
• Recognition of members of cooperative societies and their rights and liabilities;
• Management of cooperative societies;
• Privileges of cooperative societies;
• Properties and funds of cooperative societies;
• Audit, Inquiry, Inspection and Surcharges;
• Settlement of Disputes;
• Winding up of cooperative societies;
• Execution of awards, decree, orders and decision;
• Appeals and revision; and
• Offences and penalties.
The State government also issues a set of Rules, which are the instruments of
regulations for the implementation ofthe Cooperative Law.
During Second World War, the Salary Earners' Cooperative Societies were
organised by employees of organisations, both in government and other
establishments who could be posted anywhere in India. This created a practical
42
Structure, Laws and
problem to the salaried employees in dealing with the salary earners society in
Management of
which they become a registered member as they could not transact the business Cooperatives
with the salary earners society as and when transferred to another province. In
order to overcome this problem, the Multi-State Cooperative Societies Act was
passed by the British India in the year 1942, which, however, did not affect or
withdraw the law making power conferred upon provincial states through the
Government of India Act 1919.
a) Registration
In accordance with the procedure laid down in the Law, the founding members
gather together, adopt bye-laws, collect necessary share money and make an
application to the Registrar of Cooperative Societies for registration. After the
examination of the application, bye-laws and other papers and having been satisfied
with their conformity with the Laws, the Registrar issues a Certificate of Registration.
The Certificate confers on the cooperative a legal status and empowers it to
negotiate with any institution for business and present itself before the court of
law. All registered cooperative should use the word 'Limited' in their nomenclature.
No other institution is allowed to use the word 'cooperative' except for those,
which are registered by the Registrar under the Cooperative Law.
The Registrar not only registers the bye-laws, but also registers all amendments
made in the bye-laws. He can also order and make suggestions to cooperatives
[0 make amendments in the bye-laws in order to bring about uniformity and to
assure conformity with the provisions of the Cooperative Law.
43
Cooperatives
In case, the Registrar is not satisfied he can also refuse to register the cooperative.
However, when the Registrar refuses to register a society, he shall communicate
the order of refusal, together with the reasons to the applicant.
In brief the functions and powers of the Registrar are the following:
b) Circulars
c) Guidelines
d) Inspection
The Registrar, by general or special order, may inspect a cooperative society. For
the purpose of inspection, the Inspector shall, at all times, have access to all
books, accounts, papers, vouchers, securities, stock and other property of the
society and may in the event of serious irregularities discovered during inspection
take them into custody and shall have power to verify the cash balances of the
society and subject to the general or special order of the Registrar to call a
committee meeting, and a general meeting. Every officer or member of the society
shall furnish such information with regard to the working of the society as the
Registrar or the person making such inspection may require.
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e) Auditing Structure, Laws and
Management of
Cooperatives
All cooperatives are required to get their accounts audited by the Registrar or by
a person authorised by the Registrar, and place the audit report before their
general meetings for approval. Annual Audit Reports are also required to be
submitted to the Registrar. The audit includes examination of over dues, debts,
verification of the cash balance and securities, and a valuation of the assets and
liabilities of the cooperative. The auditor has free access to the books, accounts,
papers, vouchers and securities and other property of the cooperative and is
authorised to verify its cash balance and securities. The Cooperative Department
collects a prescribed Audit Fee from the cooperatives. The audit places the
cooperative in ditferentAudit Classifications 'A', 'B', 'C' etc. depending upon the
economic strength, democratic management and efficiency.
+
I
•I
Enactment of Cooperative Law by State Assemblies - State Cooperative Unions
Cooperation Department and Registrar of
Cooperative Societies - -State Cooperative Federations
I
I •
I
~ I."
~ I
I
••I
District level
Cooperative Registrars
•• I
45
Cooperatives
It is important to note that the Central Government Department of Cooperation
and the Registrar has no control over the State Departments of Cooperation and
State Registrars since Cooperation is the state subject. Similarly, the multi-state
cooperatives anywhere in the c.iuntry are not covered by the State Registrars.
ELECTS
••• •··
•
Chairman, and
Managing Committee ..
··
.......•. ·· L....j Audit Committee
• I
(Board of Director) ~"'~"""""""""':
..•.
APPOINTS ·· ··
,r: ,r ···
General Manager · · .
With the authority of the MC/BOO I Various Other Committees
I
APPOINTS
•••
~,.:
.
Managers, Support Staff of Business Units
All primary level cooperatives of all types get federated into their respective
district level federations. The state unions and federations get federated into state
level unions and federations. The State level cooperative unions and federations
get federated into their respective national level unions and federations. It is also
quite possible that primary level cooperatives and district cooperative federations
can become members of other federations in order to secure assistance and
Structure, Laws and
facilities. Primary Agricultural Credit Cooperative Societies (PACS), for instance,
Management of
are the members of the district central cooperative bank and also M the district
Cooperatives
cooperative unions. The district central cooperative banks are the members ofthe
State cooperative banks. Since Cooperation is a state subject, it can be mentioned
that the Indian Cooperative Movement follows a three-tier system.
A 11state level unions and federations become members of their respective national
level unions and federations. Multi-state cooperatives are also taken as national
cooperatives. National federations and Multi-state cooperatives are registered
under the Multi-State Cooperative Act. The role ofthe national federation mainly
is to act as spokes persons for their affiliates. They interact with the government
and other cooperative sectors in order to protect and further the interests of
cooperative members.
b) Check your answer with those given at the end of the unit.
I) What are the prevailing cooperative laws in India and who administers them?
• the General Body Meeting of the members which frames general policies, elects
a Managing Committee and receives and approves performance reports;
• the general manager and his staff who actually performs day-to-day activities,
manages financial matters and prepares reports for the managing committee.
In order to take decisions, the managing comrnit=e needs inrormation and reports
47
and advice from the operational staff, which generally IS, the general manager. It
( 'ooperatives
is the manager who puts up actual financial and business information before the
managing
. committee. Good decisions .are taken based on reliable, authentic, accurate
information and professional advice.
• Supply to the members, in time, in proper quantities, of quality farm inputs. These
items need to be procured in advance based on the requirements ofthe members
and stored in ideal conditions before being supplied to the members.
h~ brief, there is a need for the training ofthe following categories of personnel:
The Principles of Cooperation are based on basic cooperative and ethical values.
Cooperatives are based on the values of self-help, self-responsibility, democracy,
equality, equity and solidarity in the traditions of their founders. Cooperative
members believe in the ethical values of honesty, openness, social responsibility
and caring for others. Because of these ingredients firmly established, cooperatives
-are different types of enterprises than those of public and private enterprises.
Creation of awareness among members .of their rights and duties and the importance
and relevance of their cooperatives to create enlightenment among them is
considered of utmost importance. Enlightened members create enlightened
cooperatives. Enlightened members take greater interest in the development of
their cooperatives and participate more and more in the organis.ational structures
and business operations. Enlightened cooperatives strive to serve their members
and the community. Awareness and enlightened is generated through a process of
education of members. This activity is called the Cooperative Member Education.
Member education encourages and strengthens the process of member participation.
The importance of cooperative education was realised from the very inception of
the Movement. As early as 1915, a Committee headed by Sir Edward Mac
lagan, observed that most of the defects they had found in cooperative societies'
were due to "lack of teaching both before and after registration".
Another very striking comment on the importance of education was from the
Royal Commission on Agriculture which observed: "there has been lack of
patient and persistent education of members in the principles and meaning
of Cooperation by teachers competent to perform the task efficiently under
the adequate supervision If Cooperation fails. there will fail the hest
hope of rural India ".
Although several State Govemments expanded their training and educational 'acilities
in the early thirties, the first clear-cut programme for training of secretaries and
members of managing committees of agricultural credit and other societies was
taken up by the Govt. oflndia in 1935 on a scheme drawn up by Sir Malcolm
Darling.
e) Improving the personalities ofthe members and employees and help them to
realise their potential abilities and to create awareness of the value of the
cooperative action.
The funding support for the programme is obtained partly from the govemment
and partly met from own resources, which are raised from state and district level
cooperati ve organisations.
Professionalism into cooperatives can be ensured ifthe cooperatives are given the
freedom to select and appoint chief executive officers and other employees based
on their competency, efficiency and suitability.
It follows further that the Board of Directors are accountable to the members.
They must report regularly in a business-like manner on their-activities and submit
the results to the members' judgment. If the members are not satisfied, they have
the authority and the power to criticise, to object and in extreme cases, to dismiss
and replace their officers and officials.
In the cooperative the status of all members should be equal and should have
equal opportunities of participating in decisions and expressing views on policy.
52
There is no way of say this, save by giving'each member 'one vote and only one'.
Structure, Laws and
The right of every member to one vote and only one, enshrined in the principles,
Management of
the Law, and the bye-laws of the cooperatives, is not in itself a guarantee of Cooperatives
effective democratic administration, especially in the larger cooperatives. Much
depends on the circumstances in which the members are caned to vote.
Because the government enacts the cooperative legislation, frames rules and
regulations for cooperatives and undertakes audit, the Registrar of Cooperatives
tends to control and direct cooperatives.
In cases where the government participates in the share capital, sponsors projects
for cooperatives and extends concessions and special quotas, the government
assumes the control of the cooperative by nominating its representatives on the
Managing Corpmittee and sending its officers to manage cooperative institutions.
By exercising his vast powers and at the instance of any political pressure or being
influenced by self-interest the Registrar has the authority to remove the duly
elected Managing Committee and assume the control of cooperatives. This is an
undemocratic step which, unfortunately, in many cases, has been taken by
government authorities.
lthas been stated by the cooperative leaders and members, time and again, that
cooperative institutionsand the govemment should not interferein their organisational
affairs and business operations. As a consequence the Central Government has
enacted a Multi-State Cooperative Act-2002, as a model cooperative law; under
which the role and powers of government have been drastically reduced e.g.,
removal of and nominations on the managing committees. It has been recommended
by the Central Government that all state governments should also enact similar
laws to grant more autonomy to cooperatives. A trend has also been set up, more
at the behest of the cooperative leaders and members, to make cooperative laws
more liberal.
111 several states of India parallel cooperative acts, called the autonomous
cooperative laws, have been enacted. Under such laws, cooperatives, which do
not have any state participation in any way, ·financial or otherwise, are totally
exempt from the controls of the Registrar e.g., audit, inspection etc. These two
recent developments have helped in the democratisat.t-r, ~[ cooperatives.
Government officials who are deputed to manage l,;vvperatives are also being 53
Cooperatives
gradually withdrawn to leave the management of cooperatives to cooperatives
themselves.' .
.Note: a) Use the space given below for writing your answers.
b) Check your answer with those given at the end of the unit.
......................................... ~ : .
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3.5.1 Monitoring
• Whether the financial and other interests of members are safe and well-
protected;
• Whether the cooperative has conducted its annual general meetings in time
and with adequate notice given to its members;
• Whether some members have obtained more shares than the limits prescribed
. in the Law and Society bye-laws;
• Whether the General Body has received the annual report, audit report and
inspection reports and ratified the same; and
• Whether the cooperative accounts have been audited properly and regularly
and whether proper rati fication of audit objections have 5een adequately met.
For this purpose the Registrar of Cooperative Societies can make use of the
following monitoring devices:
For monitoring purposes the Cooperative Law provides for the following personnel:
• Additional Registrars
• Joint Registrars
• Depu~y Registrars
• Assistant Registrars
• General Body Meeting: The General Assembly has the authority to remove/re-
elect the Managing Committee/Board of Directors. It can also undertake
amendments in the bye-laws in case the bye-laws need a change or are defective.
Members of the General Body Meeting can also ask for special or extra-ordinary
meetings to discuss the problems ofthe cooperat. yes.
. The role of cooperatives has acquired a new dimension in the changing scenario
of globalisation and liberalisation of Nation's economy. Internal and structural
weaknesses of these institutions combined with lack of proper policy support
have neutralized their positive impact. There are wide regional imbalances in the
development ofthe cooperatives in the country. This has necessitated the need for
a clear-cut national policy on cooperatives to enable sustained development and
growth of healthy and self-reliant cooperatives for meeting the sectorallregional
aspirations of the people in consonance with the Principles of Cooperation. In this
connection, it is also imperative to address the issues, which require to be attended
to by evolving a suitable legislative and policy support to these institutions.
The National Cooperative Policy 2002 has recognised the ideology of cooperatives
which is based on the principles of self-help, self-responsibility, democracy, equality
and solidarity in addition to emphasizing the inculcation of cooperative values such
as honesty, openness, social responsibility and concern for one another by all
connected with cooperatives.
'The objective of the National Policy is to facilitate all round development of the
cooperatives in the country. Under this policy, cooperatives would be provided
necessary support, encouragement and assistance, so as to ensure that they work
as autonomous, self-reliant and democratically managed institutions accountable
to their members and make a significant contribution to the national economy,
particularly in areas which require people's participation and community efforts.
This is all the more important in view of the fact that still a sizeable segment of
the population in the country is below poverty line and the cooperatives are the
only appropriate mechanism to lend support to this section of the people.
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Structure, Laws and
• Strengthening ofthe Cooperative Education and Training and Human Resource
Management of
Development for Professionalisation of the management ofthe Cooperatives. Cooperatives
4) The regulatory role of the Government will be mainly limited to the conduct
of timely elections, audit of the cooperative societies, and measures to
safeguard the interest of the members and other stakeholders in the
cooperatives. There shall, however, be no interference in the management
and working of the cooperatives. The Government recognizes the apolitical
nature of cooperatives.
5) Reiterates and reinforces its commitment to the cause of the SC/ST, women
and other weaker sections of the society and their development through the
cooperatives. Wherever members belonging to women or Scheduled Castes/
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Cooperatives .
Scheduled Tribes and other backward castes want to have their exclusive
societies provided they find a socio-economic reason to form such a society,
encouragement and assistance wiII be provided by the Government. If they
so decide, Cooperative Societies, can provide for the representation of
such category of persons in their bye-laws for which they are competent to
frame.
6) Accepts the need to phase out its share holdings/equity participation in the
cooperatives. It shall, however, endeavour and extend appropriate support
for improving financial viability and resource mobilization by hamessing local
savings and adequate refinance facility, and to the possible extent providing
a policy framework to ensure that there is no discrimination against the
cooperatives in the matter relating to resource mobilization to attain financial
viability. The cooperatives shall be enabled to set up holding companies/
subsidiaries, enter into strategic partnership, venture into futuristic areas like
insurance, food processing and information technology etc., and shall be .
independent to take the financial decisions in the interest of the members
and in furtherance of their stated objectives.
58
Structure, Laws and
13) Undertakes to initiate structural reforms in order to improve the functioning
Management of
ofthe cooperatives at various levels to ensure greater efficiency and viability. Cooperatives
These may include steps t(),activate idle membership, enhance member
participation and involvement, provision of multi cooperatives approach,
ensure timely conduct of g~neral body meetings and elections, provide for
effectiveaudit, devise suitablemechanism forrehabilitationofthe sick societies
particularly in the processing sector.expedite winding up of defunct societies,
and providing legal framework for voluntary winding up of cooperatives.
16) Also undertakes to take other such measures as would be required for
efficient and healthy growth of the cooperative movement.
Check-Your Progress 3
Note: a) Use the space given below for writing your answer.
b) Check your answer with those given atthe end of the unit.
In the light of drastic political and economic changes and developments in the
world, the face of business has also undergone a tremendous transformation.
Industrialised economies have realised that theycannot produce everything due to
varying economies of scale. Less industrialized countries have come to agree that
procurement of technologies is not only expensive but the products thus produced
: are hard to sell.
... I. \ .
Almost all the/countries of the world have increasingly adopted the concept of
Open Marketkconomy. The concept has theifollowing basic ingredients: quality .
.ooperatives
products, environment-fiiendlymethods applied in production, competition, accurate
information on the contents of the produce etc. The World Trade Organisation
(WTO), an international platform, looks after the world trade and ensures that
developing or developed countries do not suffer on account of quality and
misinformation. The entire world has become a small global village where everyone
can sell and buy anything. The world economy has entered an era of new
development when movement of goods, money, people and information across
national boundaries or the' 'globalisation' has been picking up its pace.
Producers now have an access to new markets. The information of the products
is readily available through various media. Business can take place on the basis
of the information publicized and the assurances on quality and after-sales services
given. For this purpose various other instnnnents have been introduced e.g., ISO
Certification which lays down certain efficiency and quality norms.
The cost of agricultural production, for instance, in India is heavy because the
government does not encourage subsidies and the means of production and farm
products are not superior. The quantity and qualify is low, but the cost of production
is high. The market in India would, therefore, prefer to purchase imported products,
which are priced lower than the home products. A large number of farmers,
therefore, in India have suffered losses leading to high incidences of suicides.
Agricultural cooperatives in India, except in very few cases, have 110tbeen able
to:
,60
Structure, Laws and
i) protect the interests of their members;
. Management of
Cooperatives
ii) undertake any serious Agricultural ProductionlBusiness Plans;
vii) introduce. Indian farm products in the world market adequately; and
It is also understood that the fanners, as individuals cannot reduce the cost of
production, introduce and strengthen agricultural infrastructure, market the produce,
procure high quality inputs and technology. This is true specifically of agricultural
production and handicrafts. Both these sectors employ a large number of people.
It is, therefore, necessary that the government and the farmers (and farmers
organisations, especially agricultural cooperatives) should wor~ together. There is
a strong need for the two sectors to meet the challenges of open market. Any
delay would spell danger to the Indian agriculture, and agricultural cooperatives.
;- r
3.6.3 Impact of Economic Liberalization
• Countries with less expensive farm labour and farm inputs and higher farm
subsidy resorted to 'dumping' their surpluses.in developing countries where
the cost of production was already high. The farm producers in these countries
suffered on two major counts: home production became less remunerative,
and a large chunk of fertile land either became a wasteland or got urbanized.
Consequently, the national farm production suffered.
62
Structure, Laws aDd
Check Your Progress 4 . - -Managfment of
Cooperatives
Note: a) Use the spac~ given below for writing your answer.
b) Check youranswer withthose given at the end of the unit.
.•.••••.•.••••••• 1•••••.••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••
I .
There are three types of Laws. in India i.e., Multi-State Cooperative Societies
· Law, State Cooperative Laws and the Autonomous Cooperative Societies Laws.
Development of cooperatives is overseen by a govemmerit-functionary i.e., Registrar
of Cooperative Societies who implements the cooperative law, guides, inspects
and audits the cooperatives. All cooperatives have their own bye-laws which an:
adopted by the members, and they affirm to abide by them. Members are free
to join and leave their cooperatives. Members can amend the bye-laws and wind
up their own cooperatives. There are three main components to manage a
cooperative i.e., the General Body of Members, a Managing Committee which
is elected by the General Body of Members and the Management Staff appointed
· by the Managing Committee. The General Body is the supreme authority in a
cooperative.
Creat ion of awareness among members of their rights and duties and the importance
and relevance of their cooperatives to create enlightenment among them is
considered of utmost importance. Enlightened members create enlightened
· cooperatives. Enlightened members take greater interest in the development of
their cooperatives and participate more and more in the organisational structures
and business operations ..Awareness and enl1~htened is generated through a process
of education of members.
63
Cooperatives.
3.8 KEY WORDS
Cooperative Bye-laws Each cooperative institution is required to have a
constitution or articles of association which are
called bye-laws.
I) There are three types of cooperative laws: (i) Multi-State Cooperative Societies
Law, (ii) Cooperative Societies Laws and (iii) Autonomous Cooperative Societies
• Law. Coope-ration is a state subject. A government functionary oversees the
development
.
of cooperatives, i.e., the Registrar of Cooperative Societies. The
/"
powers oftlie Registrar are gradually being diluted in order to give more autonomy
and freedom of action to cooperatives.' In the Autonomous Cooperative Law
the interference ofthe Registrar is minimal.
.1) Almost all the countries ofthe world have increasingly adopted the concept of
Open Market. The concept has the following basic ingredients: quality products,
. environment-friendly methods applied in production, competition, accurate
information on the contents ofthe produce etc. The World Trade Organisation
(WTO), an international platform, .looks after the world trade and ensures that
developing or developed cou\l:tiies do not suffer on account of quality and'
misinformation. The entire world has become a small global village where
everyone can sell and buy anything. the world economy has entered an era of
new development when movement of goods, money, people and information .
across national boundaries or the' globalisation' has been picking up its pace.
(For further details go through section 3.6).
• •
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