LO 0708
Cooperative Law :
Objectives of
the Course : This course enables a student a study of the form of
organisation set up for mutual benefit. The first part of the course is about
principles of cooperation, its history, growth and development and the
characteristics of a cooperative society. The other part of the course is a
detailed study of the Maharashtra
Co-operative Societies Act 1960 (the
MCS Act, 1960) which will enable a student to know about the process of
formation, management and control of cooperative societies, their relations
with third parties and its members, and settlement of disputes between the
society and its members. This study will equip a student to understand this
special law, and to specialize in this branch of law.
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Module 01 |
Theory and
Principles of Co-operation : 1.
Capitalist, socialist and co-operative forms
of organisation 2.
Definition of co-operation 3.
Fundamental principles of co-operation 4.
Importance, advantages and limitations of
co-operation 5.
Advantages of co-operative organization in the
society and the economy 6.
Social, economic and moral benefits of
co-operation |
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Module 02 |
History, Growth and
Development of Co-operation : 1.
History, growth and development of
co-operative movement in India 2.
Growth and development through Five-Year Plans
3.
Role of the State in development of
co-operation, State aid to societies 4.
Role of National Co-operative Development
Corporation, NABARD 5.
Co-operative legislations, particularly the
State cooperative laws and Multi State Cooperative law, with special
reference to Maharashtra 6.
Constitutional Provisions – Freedom to form
Co-operative Societies and Restrictions (Article 19) and Provisions relating to
Co-operative Societies (Articles 243ZH to 243 ZT) |
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Module 03 |
Nature of
Co-operative Societies: 1.
Characteristics of a co-operative society 2.
Comparison with other forms of organization,
viz., company, trust and partnership firms 3.
Role and functions of different kinds of
co-operative societies: Credit, finance, banking; Producers, farmers, dairy;
Consumers; Housing; Marketing 4.
Salient features of the Multi-State
Cooperative Societies Act, 2002 |
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Module 04 |
Preliminary and
Registration of Societies : 1.
Objects and Definitions under the MCS Act,
1960 2.
Societies that can be registered, limited
liability or unlimited liability, Classification of societies, Conditions of
registration, Name of society, Procedure for registration 3.
Bye-laws, important features of Model Bye-laws
4.
Cancellation of registration, De-registration 5.
Amalgamation, Transfer, Division or Conversion
Societies |
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Module 05 |
Members of Society :
1.
Who can become a member, types of members,
open membership 2.
Procedure for admission, continuation and
cessation of membership, Removal and expulsion of a member |
|
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3. Rights,
privileges, duties, disabilities and liabilities of members, voting power of
a member, expulsion of members |
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Module 06 |
Incorporation,
Duties and Privileges of Society : 1.
Effect of incorporation 2.
Register of members, and its inspection and
copies 3.
Rights, privileges and immunities of a Society
4.
Duties, disabilities, liabilities of, and
restrictions on a Society |
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Module 07 |
Elections and
Management of a Society : 1.
Final authority of General Body 2.
Election of the Managing Committee, Procedure,
Supervision over elections, Elections to specified and notified societies,
No-confidence against officers of societies 3.
Managing Committee, Constitution, Who can be
its member, Reservation of seats, its powers and functions, Liability of
members of the managing committee 4.
Appointment and nomination of members of
committee, Disqualification of membership of the committee 5.
Meetings of General Body and Managing
Committee, Annual general meeting and special general meeting, Conduct of
business at such meetings 6.
Registrar’s powers of supervision, inquiry,
investigation and administration |
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Module 08 |
Dispute Settlement
and Liquidation : 1.
Types of disputes, and forums for redressal,
Cooperative Court, Registrar 2.
Exclusive jurisdiction of the Cooperative
Court, Jurisdiction, Limitation period 3.
Procedure for settlement of disputes and
Powers of the Co-operative Court, its decision, Appeals against decisions, 4.
Contempt of Co-operative Court and Cooperative
Appellate Court 5.
Constitution and powers of the Maharashtra
State Co-operative Appellate Court 6.
Appeal, Review and Revision 7.
Disputes for recovery of money, Recovery
certificate and its effect, 8.
Liquidation of Cooperative Societies,
Appointment of and Powers of Liquidator, Procedure for liquidation and
winding up. 9.
Offences and Penalties, Cognizance of offences
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Module 09 |
Finance, Accounts
and Audit : 1.
State aid to societies, Role of apex
societies. 2.
Funds and their utilization, Restrictions on
utilization of funds, Reserve Fund, Restriction on dividends, Investment of
funds 3.
Maintenance of account books and registers 4.
Audit of cooperative societies, need for audit
5.
Rectification of defects in accounts 6.
Registrar’s powers of inspection and
supervision |
Recommended Readings:
1. B
B Goel, Cooperative Legislation – Trends
and Dimensions, Deep and Deep Publications.
2. Rish
Pal Nainta, Laws Relating to Cooperative
Societies – A Commentary, 2004.
3. Sunil
Dighe: Maharashtra Co-Operative Societies
Act, 1960 and Rules, 1961, Snow White.
4. S
Desai, Commentary on Co-operative Housing
Societies, Snow White Publications, 2009.
5. V
V Ghanekar, Co-Operative Movement in
India, Institute of Rural Development & Education, 2004.
6. A
K Gupte and S D Dighe, Maharashtra
Co-operative Societies Act 1960 with Rules 1961. Hind Law House, 2008.
7. M
C Jain and H M Bhatt, Maharashtra
Co-Operative Societies Act, 1960, Law Times.
8. A
E Karmali, Maharashtra Co-operative
Societies Act, 1960 and Rules,1961, Snow White Publications, 1997.
9. H
A Mehta, Guide to Co-Operative Housing Societies,
7th ed Reprint, Snow White Publications, 2012.
10. R K
Pillai, Maharashtra Co-Operative
Societies Act, 1960, Current Publications, 2014.
11. A M
Shah, Maharashtra Co-Operative Societies
Act, 1960, Snow White Publications, 2004.
12. Guide to Co-Operative Housing Societies,
Snow White Publications, 2017.
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