Cooperative Law
Savitribai Phule Pune University · LL.B. Semester 3 · LDSE 0707
Unit 1 — 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. Characteristics of a co-operative society · 5. Comparison with other forms of organization, viz., company, trust and partnership firms · 6. Role and functions of different kinds of co-operative societies: Credit, finance, banking; Producers, farmers, dairy; Consumers; Housing; Marketing · 7. Importance, advantages and limitations of co-operation · 8. Advantages of co-operative organization in the society and the economy · 9. Social, economic and moral benefits of co-operation
Unit 2 — 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)
Unit 3 — 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. Who can become a member, types of members, open membership · 4. Procedure for admission, continuation and cessation of membership, Removal and expulsion of a member · 5. Rights, privileges, duties, disabilities and liabilities of members, voting power of a member, expulsion of members · 6. Bye-laws, important features of Model Bye-laws · 7. Cancellation of registration, De-registration · 8. Amalgamation, Transfer, Division or Conversion Societies
Unit 4 — 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 · 5. Final authority of General Body · 6. Election of the Managing Committee, Procedure, Supervision over elections, Elections to specified and notified societies, No-confidence against officers of societies · 7. Managing Committee, Constitution, Who can be its member, Reservation of seats, its powers and functions, Liability of members of the managing committee · 8. Appointment and nomination of members of committee, Disqualification of membership of the committee · 9. Meetings of General Body and Managing Committee, Annual general meeting and special general meeting, Conduct of business at such meetings · 10. Registrar’s powers of supervision, inquiry, investigation and administration
Unit 5 — 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
Unit 6 — 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