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Part IXB of the Constitution of India (Articles 243ZH–243ZT), inserted by the Constitution (Ninety-seventh Amendment) Act, 2011, grants constitutional status to co-operative societies and lays down provisions for their democratic functioning, elections, audit, returns, member rights, and penalties; following judicial scrutiny, its application continues for Multi-State Co-operative Societies.
Articles 243ZH to 243ZT
Definitions
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Incorporation of co-operative societies
Number and term of members of board and its office bearers
Election of members of board
Supersession and suspension of board and interim management
Audit of accounts of co-operative societies
Convening of general body meetings
Right of a member to get information
Returns
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Offences and penalties
Application to multi-State co-operative societies
Application to Union territories
Continuance of existing laws
Frequently Asked Questions
Which amendment inserted Part IXB and what is its status?
The Constitution (Ninety-seventh Amendment) Act, 2011 inserted Part IXB; after judicial review, the Part continues to operate in respect of Multi-State Co-operative Societies, while aspects concerning exclusively State co-operatives were read down.
What does Article 243ZK provide regarding elections?
Article 243ZK requires that elections to the board be conducted before the expiry of the term so the new board assumes office immediately on expiry, and vests superintendence, direction, and control of electoral rolls and conduct of elections in an authority provided by State law.
What are the limits on supersession under Article 243ZL?
Article 243ZL bars supersession or suspension of a board for more than six months, permits it only on specified grounds such as persistent default or negligence, and disallows supersession where there is no government shareholding, assistance, or guarantee, subject to special rules for banking co-operatives.
What does Article 243ZM require about audits?
Article 243ZM mandates audit of the accounts of co-operative societies as provided by law, ensuring financial oversight and accountability.
What rights do members have under Article 243ZO?
Article 243ZO enables State law to provide members with access to the books, information, and accounts of the society relating to their transactions, and to provide for participation and co-operative education and training.
What returns must co-operative societies file under Article 243ZP?
Article 243ZP requires filing annual returns within six months of the financial year’s close, including the annual report, audited accounts, surplus disposal plan, bye-law amendments, general body meeting date and elections status, and other information required by the Registrar.
What offences and penalties are contemplated by Article 243ZQ?
Article 243ZQ empowers State law to define offences and penalties, including false returns, false information, or failure to furnish required information by responsible persons.