97th Amendment in Constitution of India | 97 Constitutional Amendment

97th Amendment in Constitution of India :- 
97th Amendment

The Constitution (Ninety-seventh amendment) Act, 2011

Article 19 was amended and Part IXB was added.

The words "or co-operative societies" were added after the word "or unions" in Article 19(l)(c); article 43B i.e., Promotion of Co-operative Societies, was inserted; and Part-IXB i.e., The Co-operative Societies, was added.

Shri (Dr.) Charan Das Mahant, Minister of State for Agriculture and Food Processing Industries, in a written reply to a question in the Rajya Sabha gave the following information”

97th Constitution Amendment to Encourage Economic Activities of Cooperatives

Constitution (Ninety Seventh Amendment) Act 2011 relating to the co-operatives will encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.

The inter alia provides for:

(i) incorporation, regulation and winding up of cooperative societies based on the principles of voluntary formation, democratic member control, member economic participation and autonomous functioning;

(ii) specifying the maximum number of directors of a co-operative society to be not exceeding twenty-one members;

(iii) a fixed term of five years from the date of election in respect of the elected members of the board and its office bearers; and an authority or body for the conduct of elections to a cooperative society;

(iv) a maximum time limit of six months during which board of directors of a co-operative society could be kept under supersession or suspension;

(v) independent professional audit;

(vi) right of information to the members of the co-operative societies;

(vii) empowering the State Governments to obtain periodic reports of activities and accounts of co-operative societies;

(viii) reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on the board of every cooperative society, which have individuals as members from such categories; and

(ix) penalties in respect of offences relating to co-operative societies.

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97th Amendment in Constitution of India

Comments

  1. Will Cooperative Societies come under the Instrumentalities of the State as a result of this 97th Amendment? Will Art 226 apply to Cooperative Societies? Can a Writ of Mandamus can be filed against a Cooperative Bank?

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