Provisions in Part IX-B of Indian Constitution

Q.  Which of the following statement/statements is/are true regarding Part IX-B of Indian Constitution?

1)The provisions of this part shall not apply to the multi-state co-operative societies.
2)Every co-operative society shall file returns, within 3 months of the close of every financial year.

- Published on 16 Mar 17

a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above

ANSWER: None of the above
    Right of a Member to Get Information -

  • The State Legislature may provide for access to every member of a co-operative society to the books, information and accounts of the co-operative society.

  • It may also make provisions to ensure the participation of members in the management of the co-operative society.

  • Further, it may provide for co-operative education and training for its members.

  • Returns -

  • Every co-operative society shall file returns, within six months of the close of every financial year, to the authority designated by the State Government.

  • These returns shall include the following matters -

    1. Annual report of its activities.

    2. Its audited statement of accounts.

    3. Plan for surplus disposal as approved by the general body of the co-operative society.

    4. List of amendments to the by-laws of the co-operative society.

    5. Declaration regarding date of holding of its general body meeting and conduct of elections when due.

    6. Any other information required by the Registrar in pursuance of any of the provisions of the State Act.

    Offences and Penalties -

  • The state legislature may make provisions for the offences relating to the co-operative societies and penalties for such offences.

  • Such a law shall include the commission or omission of the following acts as offences -

    1. A co-operative society willfully makes a false return or furnishes false information.

    2. Any person willfully disobeys any summon, requisition or order issued under the State Act.

    3. Any employer who, without sufficient cause, fails to pay to a co-operative society the amount deducted from its employee within a period of fourteen days.

    4. Any officer who willfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society to an authorized person.

    5. Any person who adopts corrupt practices before, during or after the election of members of the board or office bearers.

    Application to Multi-state Co-operative Societies -

  • The provisions of this part shall apply to the multi-state co-operative societies subject to the modification that any reference to the “State Legislature”, “State Act” or “State Government” shall be construed as a reference to “Parliament”, “Central Act” or “Central Government”, respectively.

  • Application to Union Territories -

  • The provisions of this part shall apply to the Union Territories.

  • But, the President may direct that the provisions of this part shall not apply to any Union territory or part thereof as he may specify in the notification.

  • Continuance of Existing Laws -

  • Any provision of any law relating to co-operative societies in force in a state immediately before the commencement of the Constitution (97th Amendment) Act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed or until the expiration of one year from such commencement, whichever is less.

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