The Co-Operative Societies Act 1912.
Introduction
Co-operation
means a “voluntary concert, with equitable participation
and control among all concerned in the enterprise”. The
idea of co-operative enterprise took concrete shape in
India for the first time in 1904. In that year upon the
report of Mr. Fredrick Nicholson, a Madras civilian, the
Co-operative Credit Societies Act, was passed. The Act
provided for the formation of credit societies only, and
therefore another act was passed in 1912 to provide for
non-credit forms of co-operation in such activities as
production, purchase, sale, insurance, housing etc. Later,
the Maclagon Committee, appointed by the Government of
India in 1914, recommended greater non-official
participation in the movement. Based on the
recommendations of the Maclagon Committee the Reforms Act
of 1919 made Co-operation’ a State subject, allowing the
States to enact their own laws depending on their needs.
At the present
time, different states have their own Co-operative
Societies Acts on the model of the Co-operative Societies
Act, 1912. It may be noted that the Central Government
enacted the Multi State Co-operative Societies Act, 1984
to consolidate and amend the law relating to Co-operative
Societies with objects not confined to one State and
serving the interests of members in more than one State.
The
Act is designed to facilitate the formation of
Co-operative Societies to promote thrift and self-help
among agriculturists, artisans and persons with limited
means.
Registration
of Co-operative Societies (Section 4)
A
society that has for its object the promotion of economic
interest of its members in accordance with co-operative
principles, or a Society established with the object of
facilitating the operations of such a society, may be
registered under Co-operative Societies Act 1912, with or
without the limitation of liability. But unless the State
Government by general or special order other wise directs
–
- The
liability of a Society of which a member is registered
society shall be limited;
- The
liability of a Society of which the object is the
creation of funds to be lent to its members and of
which the majority of the members are agriculturists,
and of which no member is a registered society shall
be unlimited.
The expression
‘economic interests’ is not defined in the Act but the
preamble to the Act suggests thrift and self-help.
Co-operative
principles are principles, which prompt persons to
associate together voluntarily as human beings, on a basis
of equality, for promotion of their own economic
interests. A Co-operative Society is only concerned with
the interests of its members. It may undertake to deal
with non-members if and only if such recourse furthers the
interest of such members.
Co-operative
Central Banks and Unions can only be set up with the
object
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