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Definitions of Co-operative Societies in Other Acts

Cooperatives are described under the Cooperative societies act but other acts also describe certain cooperative societies and their functions. Let's have a look at Co-operative Societies in Other Acts.

Introduction

Cooperative societies stand as pillars of strength in the fabric of Indian society, particularly in rural economies. These societies, collectively owned and operated by their members, play a vital role in providing diverse services such as banking, insurance, marketing, and credit facilities. This article aims to delve into the intricacies of cooperative societies in India, exploring their registration process, legal frameworks, and the diverse roles they play in various sectors.

Did you know? The Registration of a Co-operative Society is governed by the Registration Act, of 1986. 

Objectives of Co-operatives Societies

Cooperative societies are organizations owned by their members and managed democratically through elected committees or boards of directors.

Its main objectives are, 

  • To provide employment opportunities to their members.
  • To promote social welfare activities such as education, health care, housing, etc.
  • To encourage savings among its members through various schemes like loan or deposit accounts.
  • To promote rural development through fair prices for agricultural produce sold at retail outlets etc. 

A cooperative society has its own Board of Directors which consists of members elected from among those who participate in the running of the Society. The management is vested with these directors on behalf of all members. A member can become a director only after being elected as such by his fellow members at general meetings.

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Cooperative Society Registration in India

The registration of a cooperative society in India is a pivotal process that involves registering a new or existing society with the Registrar of Co-operatives, Government of India. This facilitates easier access to the rights and obligations of the members and their management. The Cooperative Societies Act mandates the registration of these societies, providing benefits such as tax exemptions, permission to construct cultural institutions, and promotion of literature and culture.

 For a hassle-free registration process, seeking assistance from legal experts, such as those at Vakilsearch, ensures a smooth and efficient experience.

Legal Foundations

The Cooperative Societies Act of 1912, a legislation enacted by the British Parliament, aimed to regulate cooperative activities, preventing fraudulent practices. Under this act, cooperative societies gain legal status, ensuring transparent and accountable operations. The act sets the groundwork for cooperative societies to function as non-profit organizations, prioritizing collective benefits over individual profits.

Role and Impact of Cooperative Societies

Cooperative societies in India are unique economic entities owned and controlled by their members. Unlike traditional businesses driven solely by profit motives, these societies embody a collective spirit where members pool their resources for mutual benefit. They play a crucial role in uplifting rural economies, providing essential services, and fostering community development.

Co-operative Societies in Other Acts

Cooperative Societies and Their Varied Roles Under Legislative Acts

In the intricate web of India’s legislative framework, cooperative societies play diverse roles, each defined by specific acts that govern their functions. From banking and agriculture to insurance and taxation, these societies navigate a complex legal landscape. Let’s explore the nuanced roles they play under key legislative acts.

Banking Regulation Act of 1949: Shaping the Cooperative Banking Landscape

Under the ambit of the Banking Regulation Act of 1949, cooperative banks assume a prominent position. State Cooperative Banks, primary cooperative banks, and the Central Cooperative Bank fall under the Cooperative Bank section. Adding a layer to this financial tapestry, the Cooperative Credit Society includes a Cooperative Land Mortgage Bank, providing crucial financial accommodations to all its involved members.

Furthermore, any society registered under a Central act earns the nomenclature of a cooperative society. A noteworthy inclusion is the Multi Co-operative Bank, a primary cooperative bank that extends its influence as a multi-state cooperative society, showcasing the dynamic nature of these financial entities.

National Bank for Agriculture and Rural Development Act, 1981 (NABARD): Fostering Rural Development

Moving beyond banking, the NABARD Act of 1981 highlights the pivotal role of the Central Cooperative Bank within a district. This cooperative society acts as a financial aid provider to other cooperative societies in the district, amplifying its impact on local economic development.

The National Bank, another cooperative society under the NABARD Act, specifically caters to Agriculture and Rural Development. In parallel, the Primary Rural Credit Society emerges, specializing in providing financial accommodations for agricultural purposes and rural development.

Regional Rural Banks Act, 1976: Empowering Regional Economies

Enacted under the Regional Rural Banks Act of 1976, the Regional Rural Bank stands as a testament to the commitment to regional economic development. This cooperative society, established with a distinct purpose, contributes to fostering financial inclusivity and growth in rural areas.

State Cooperative Bank and State Land Development Bank: State-Level Financial Pillars

At the state level, two significant cooperative entities emerge – the State Cooperative Bank and the State Land Development Bank. The former serves as a principal cooperative society with a primary objective of financing other cooperative societies within the state. On the other hand, the latter, with a focus on long-term financial assistance, aids in shaping the trajectory of state-level development.

Insurance Act, 1938 and Amendments: Safeguarding Lives and Businesses

Shifting focus to insurance, the Insurance Act of 1938 and subsequent amendments usher in the Insurance Cooperative Society. Registered after the commencement of the Insurance Act of 2002 and under the Cooperative Societies Act of 1912, this society dedicates its efforts to the realms of life insurance and general business, providing a safety net for lives and businesses alike.

Income Tax Act, 1961: Taxation and Regulation

Under the broad umbrella of the Income Tax Act of 1961, cooperative societies registered under the Cooperative Societies Act of 1912 find their designated section. This underscores the legislative integration of taxation and regulatory mechanisms, ensuring a structured approach to financial governance.

Conclusion

Cooperative societies serve as catalysts for community empowerment and economic development in India. Understanding their diverse roles, legal foundations, and registration processes is essential for those looking to establish or engage with these entities.

 Legal consultants, such as those available at Vakilsearch, can provide valuable guidance and support for navigating the complexities of cooperative society registration and compliance with relevant laws. As India continues to evolve, cooperative societies remain an integral part of fostering inclusive and sustainable economic growth.

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About the Author

Sushmitha Pawar, Senior Legal Expert at Vakilsearch, specialises in Matrimony, Property, Banking, Cyber, IP, Corporate, and Civil Law. With over two years of experience, she offers expert guidance on NGO registration, compliance, and fundraising. Known for her professionalism and integrity, Sushmitha provides reliable, practical legal solutions for clients.

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