Professional Documents
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The Cooperator April 2021 Issue
The Cooperator April 2021 Issue
The Cooperator April 2021 Issue
10 April 2021
The
Editor-in-Chief
Dr Sudhir Mahajan
Editor
Sanjay Kumar Verma
Published by
National Cooperative Union of India
07 No plan to disband DCCBs: Rupala
Tel: 011-49407837, 41811157, 40793299
E-mail : ncui.pub@gmail.com 09 Impact of India’s new farm laws on farmers,
fpos and Mandis
Subscription Rates
15 COOPEXCIL to help young entrepreneurs
Life - Rs. 5000
Annual - Rs. 500
export value added products
23 A Benevolent Provision
production support by
24 Video Message of CE, NCUI
Swati Communications
T: 011-41659877, 09213132174 25 Training Programme on Entrepreneurship by
NCCE
Opinions expressed in ‘The Cooperator’
do not reflect views of the National 27 egs”k cSad esa usr`Ro xq.k ,oe~ fu.kZ; {kerk ij
Cooperative Union of India dk;Z”kkyk lEiUu
(Cover Photo: Unsplash) 28 Women-led cooperative is changing Pashmina
history of Ladakh
Shri Prabhu said at the launch function that the Forum will align with the Hon’ble Prime
Minister’s vision of Atmanirbhar Bharat and prepare a roadmap with a focus on the role of
cooperatives in achieving the target of 5 trillion dollar economy. This clearly underscores
that the Forum has a great task ahead in building a modern resurgent economy. His
emphasis on the fact that the Forum will work closely with the government is important,
particularly in the context of implementation of various schemes and programmes of the
Government of India. The cooperatives with their wide network and reach have yet to tap
their immense potentialities in this area. If cooperatives emerge as the forerunner in this
area, then it will be a win-win situation for them and the economy, and will also boost their
image to a great extent.
Dr. Chandra Pal Singh Yadav, former President of NCUI, while addressing at the launch
function, said that removal of impediments in the implementation of 97th Constitutional
Amendment Act should be a priority area of attention for the Forum. The cooperatives
need to have uniformity of laws across states. If the Act is implemented in the true spirit,
then this may prove as a panacea for the various problems faced by cooperative sector.
Uniting parliamentarians and state legislators cutting across party lines on the issues of
cooperative development should also be a key area of focus for the Forum which should
strongly engage in cooperative advocacy and raise their voices on the areas of concern for
cooperatives.
At the conclave of District Central Cooperative Banks (DCCBs), it was pointed out that
DCCBs were the lifeline of rural cooperative credit system and removing them from the
3-tier structure would lead to drying up of funds for agrarian economy. The cooperative
credit system cannot be visualized without the existence of DCCBs which have created
many milestones in the past. It was heartening that the Union Minister of State for
Panchayati Raj, Agriculture and Farmers Welfare Shri Parshottam Rupala allayed the
apprehensions about dismantling of DCCBs at the conclave and said that it was not a
part of the government agenda at the moment. Formulating a national cooperative policy
defining the role of PACS, district central cooperative banks, state cooperative banks, etc.
is very important and the conclave rightly took note of this vital issue n
U
shering in a new chapter “A few states might have initiated it Giving the co-operative sector an
in the Indian cooperative but there is no need to worry as the enabling framework to grow is
movement, Shri Parshottam Centre has no such agenda,” Shri the aim of CDF, declared Prabhu.
Rupala, Union Minister of State for Rupala said. CDF would focus on the challenges
Agriculture formally inaugurated of each cooperative sector – be it
the ‘Cooperative Development Delivering the keynote address, sugar, spinning, fertilizer or dairy or
Forum’ at a function at the NCUI India’s Sherpa to G7 and G20 Shri any other. “We will sit down with
headquarters in Delhi recently. Suresh Prabhu, President of Cooper- cooperators of the sector and wreck
ative Development Forum said that our brain to find a solution sooner
A National Conclave of DCCBs CDF has been launched to revamp than later,” he said.
was also organized on the occa- and revitalise cooperative sector and
sion in which more than 100 rep- it will work in tune with the dream CDF will also work for the imple-
resentatives of state cooperative projects of Prime Minister Narendra mentation of all the central schemes
banks and DCCBs from across the Modi such as Aatmanirbhar Bharat, through PACS which are about
country took part. Swachchh Bharat Abhiyan, Aayush- a lakh in number in the country.
man Bharat, and PMUDAY. Linking PACS to the PM’s vision
Assuring all government support, can do wonders for the rural
Rupala asked cooperators to be The forum will prepare a roadmap economy, Prabhu sounded excited
agents of change by utilizing schemes for India to become a USD 5-tril- at the future prospects.
like Agri Infrastructure Fund for lion economy and will also work
post-harvest operations. Shri Rupala with international organisations and Prabhu also aims to catapult the
asked the newly formed CDF to multinational societies to offer a subject cooperative at the World Eco-
focus on the challenges before each new model of development to bring nomic Forum – the highest body of
and every cooperative sector such as the world out of the current socio- business in the world. The Secretary
dairy, fisheries, sugar or spinning. economic crisis, he said. General of WEF is coming to India
and we should raise the issue of giving
Rupala admitted that merging PSU cooperative a place in the global eco-
banks is on the government agenda Allaying the apprehensions nomic debate, he underlined.
but he clarified that there was no of cooperative sector over
such plan for the DCCBs. Allaying disbanding of DCCBs, Shri Listing other priorities of CDF, Shri
the apprehensions of cooperative Parshottam Rupala assured to Prabhu said the image-makeover
sector over disbanding of DCCBs, soon come up with a national of cooperative is an important task
he assured to soon come up with a policy on the matter after before the new body as is the task of
national policy on the matter after getting proper feedback from ensuring uniform cooperative laws
getting proper feedback from coop- cooperative leaders. across the states. He also announced
erative leaders. the setting up of a CDF branch
C
ooperative societies can
be the instrument of rural
development particularly
agriculture, Union Minis-
ter of State for Agriculture Shri Par-
shottam Rupala said recently even
as he noted that these entities are yet
to catch the fancy of the youth and
there was a need to attract them into
this model.
A
t the initiative of Gujarat all the unemployed young people Another guest of honour, Dr Pari-
State Cooperative Union, a should join cooperative sector which malbhai Trivedi, former Vice Chan-
youth cooperative seminar provides many opportunities for em- cellor of Gujarat University recalled
titled “Youth Power and Aatmnirbhr ployment. There are ample opportu- the life, deeds and discourse of
Bharat” was organised for college nities for the educated young people Swami Vivekananda and Gautama
students in Ahmedabad on 27th to form cooperative societies in the Buddha while urging the young
February 2021. Shri Ghanshyamb- fields of transportation, tourism, people to undertake cooperative ac-
hai Amin, an eminent cooperative education, cyber security, internet tivities. Today’s youth is equipped
leader and the Chairman of Gujarat facilities, etc. in Gujarat, he said. with the knowledge of technology
State Cooperative Union presided and power to face the challenges,
over the seminar. On the occasion, the guest of honour he said.
Shri Ajaybhai Umat, Editor-in-chief
Inaugurating the seminar, Dr. Jag- of the daily newspaper Nav Gujarat Shri Arvindbhai Tagadiya, Hon.
dishbhai Bhavsar, Vice Chancellor Samay released the booklet Yuva Secretary of the State Co-opera-
of Gujarat University recalled the Shakti - Aatmanirbhar Bharat - tive Union proposed the vote of
invocation of “Arise, awake and Yuva Sahakari Seminar - 2021. He thanks.
stop not, till thy goal is reached” threw light on various aspects of
made by Swami Vivekanand. balanced development and said that Dr. Rajendrabhai Trivedi, Executive
the innovative ideas of youth should Officer of Gujarat State Cooperative
Speaking at the seminar, Shri Amin, be channelized in the best possible Union had presented a brief outline
who is also the Chairman of Cooper- way so that the doors of progress for of the program while delivering
ative Bank of India (COBI), said that the youth are opened. welcome address n
Jssco organized Abhinandan program on the promotion of Dr Sushil Kumar Vimal as Deputy
Commissioner. Dr Pragya Shukla, HOD, DSCI, Dr Sarita Gupta, MPS Dangi, Ex DDE & Jssco Secretary
Mr Gajendra Pal Singh Saran were present in the program.
A Benevolent Provision
differing and divergent views, the
Supreme Court found the true intent
of Section 80P and held in unequiv-
ocal terms that it is a benevolent R. Muralidharan*
provision enacted by Parliament to
encourage and promote the credit Supreme Court has settled the issue of deduction under
of the co-operative sector in general Section 80P of the IT Act calling it a benevolent provision to
and hence it must be read liberally promote credit of co-operative sector.
and reasonably, and if there is ambi-
guity, it is in favour of the assessee. These appeals have been filed by co- claims for deduction, relying upon
operative societies which have been Section 80P(4) of the IT Act, holding
The Court has held that co-operative registered as ‘primary agricultural that as per the audited Receipt and
societies registered as primary agri- credit societies’, together with one Disbursal statement furnished by
cultural credit societies are entitled to ‘multi-State co-operative society’, the assessees in these cases, agri-
deductions under Section 80P(2)(a) and raise important questions as to cultural credits that were given by
(i) of the Income-Tax Act, even when deductions that can be claimed under the assessee-societies to its members
they may also be giving loans to their Section 80P(2)(a)(i) of the Income- were found to be negligible – the
members which are not related to ag- Tax Act, 1961 (IT Act); and in par- credits given to such members being
riculture. It observed that the giving of ticular, whether these assessees are for purposes other than agricultural
loans by a primary agricultural credit entitled to such deductions after the credit. The decisions of the assessing
society to non-members is not illegal introduction of Section 80P(4) of the officers were challenged before the
and held that the only effect of it is IT Act by Section 19 of the Finance Kerala High Court. Before the High
that profits attributable to such loans Act, 2006 with effect from 1.4.2007. Court, the assessees relied upon
cannot be deducted under Section It may be stated at the outset that all a decision of a Division Bench of
80P. The judgment of the Apex Court these assessees, who are stated to the Kerala High Court in Chirakkal
in the Mavilayi Service Co-operative be providing credit facilities to their Service Co-operative Bank Ltd. vs.
Bank Ltd., and others vs. Commis- members for agricultural and allied CIT, 2016 (2) KLT 535: (2016) 384
sioner of Income Tax, Calicut and purposes, have been classified as ITR 490 (Ker.). The Division Bench
another, Civil Appeal Nos. 7343-7350 primary agricultural credit societies held that once a co-operative society
of 2019 with Civil Appeal No.8315 of by the Registrar of Co-operative So- is classified by the Registrar of Co-
2019 dated 12.1.2021: LL 2021 SC cieties under the Kerala Co-operative operative Societies under the Kerala
15 is illuminating and path-breaking Societies Act, 1969 (‘Kerala Act’), Act as being a primary agricul-
in more than one respect as it inter- and were claiming a deduction under tural credit society, the authorities
prets Section 80P beyond any pale Section 80P(2)(a) (i) of the IT Act, under the IT Act cannot probe into
of doubt and justice is done to co- which had been granted to them up whether agricultural credits were in
operative sector. A proper reading to Assessment Year 2007-08. fact being given by such societies to
of the judgment leaves little scope its members, thereby going behind
for interpretation that defeats the Divergent Decisions by the the certificate so granted. Since all
purpose, intent and object of the be- Division Benches the assessees were registered as
nevolent provision. The assessing officer denied their primary agricultural credit societies,
* Puducherry Civil Service Officer (Retired), Director, Catalyst [The Training People]
I
t has been a few days since I have related to strengthening of the coop-
taken over as the Chief Executive erative movement in India in which
of National Cooperative Union of the role of NCUI as an apex organiza-
India. Having recently retired as Sec- tion of the cooperative movement is
retary, General Admn, Delhi Govt., I pivotal. My foremost priority would
had a brief stint with Cooperative De- be to undertake initiatives to build
partment of Delhi as Secretary to the up the image of the organization, and
Minister in Delhi Govt., (2002-13). work towards self-reliance and sus-
During that period, I understood the tainability. Improving the quality and
strength of the concept of coopera- reach of education and training pro-
tives in solving the socio-economic grammes, forging collaborations and
Dr Sudhir Mahajan, (Retd) IAS, CE NCUI
problems of our country. Later, cementing ties with the government,
gaining wide-ranging experience publicity, urban development, etc. in national, and international organiza-
while working with multifarious the governments of Goa and Andaman tions and creating an entrepreneurial
departments like industries, health, & Nicobar Islands, now I have been model of cooperatives to attract the
power & shipping, information and entrusted with a major assignment youth would be the other priorities n
they would be entitled to the deduc- Finding of the Full Bench The essence of the judgment of
tions under Section 80P(2)(a)(i) read the Full Bench is that in Chirakkal
with Section 80P(4) of the IT Act. The Full Bench of the Kerala High Service Co-operative Bank (supra)
Court, by the impugned judgment the Division Bench expressed a diver-
However, the Department contended referred to Section 80P of the IT Act, gent opinion without noticing the law
that the judgment in Chirakkal various provisions of the Banking laid down in Antony Pattukulangara
(supra) was rendered per incuriam Regulation Act and the Kerala Act vs. E.N. Appukuttan Nair and others,
by not having noticed the earlier and held that the main object of a 2012 (3) KLT SN 123 (C. No. 129):
decision of another Division Bench primary agricultural credit society 2012 (3) KHC 726: 2012 (3) KLJ
of the Kerala High Court in Per- which exists at the time of its reg- 727 and Perinthalmanna Service Co-
inthalmanna Service Co-operative istration, must continue at all times operative Bank (supra). Hence the
Bank Ltd. vs. ITO and another, 2014 including for the assessment year in said judgment in Chirakkal Service
(1) KLT Online 1117 : (2014) 363 question. Notwithstanding the fact Co-operative Bank is not good law,
ITR 268 (Ker.), where, in an appeal that the primary agricultural credit in view of the law down by the Apex
challenging orders under Section society is registered as such under Court in The Citizen Co-operative
263 of the IT Act, it was held that the Kerala Act, yet, the assessing Society (supra). The judgment of the
the revisional authority was justified officer must be satisfied that in the Division Bench in Perinthalmanna
in saying that an inquiry has to be particular assessment year its main Service Co-operative Bank has to
conducted into the factual situation object is, in fact, being carried out. be affirmed. Since each assessment
as to whether a co-operative bank is If it is found that as a matter of fact year is a separate unit, the intention
in fact conducting business as a co- agricultural credits amount to a neg- of the legislature is in no manner
operative bank and not as a primary ligible amount, then it would be open defeated by not allowing deduction
agricultural credit society, and de- for the assessing officer, applying the under Section 80P of the IT Act, by
pending upon whether this was so provisions of Section 80P(4) of the IT reason of sub-section (4) thereof, if
for the relevant assessment year, the Act, to state that as the co-operative the assessee society ceased to be in
assessing officer would then allow or society in question – though regis- the specified class of societies for
disallow deductions claimed under tered as a primary agricultural credit which the deduction is provided,
Section 80P of the IT Act, notwith- society – is not, in fact, functioning even if it was eligible in the initial
standing that mere nomenclature or as such, the deduction claimed under years. Inveighing and impugning
registration certificates issued under Section 80P(2)(a)(i) of the IT Act the judgment of the Full Bench,
the Kerala Act would show that the must be refused. This conclusion was the appellants have approached the
assessees are primary agricultural reached after referring to several Supreme Court in these appeals.
credit societies. These divergent judgments, but relying heavily upon
decisions led to a Full Bench of the the judgment in Citizen Co-operative Assertion by the Appellant
Kerala High Court in The Mavilayi Society Ltd. v. Asst. CIT, Hyderabad,
Service Co-operative Bank vs. Com- (2017) 9 SCC 364: AIR 2017 SC The gravamen of the grievance of the
missioner of Income Tax, reported in 5147: 2017 (4) KLT Online 2013: appellant, based upon the language of
2019 (2) KLT 597. (2017) 397 ITR 1. Section 80P(1) and (2), is that Section
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L
adakh, the youngest union also engaged in unskilled labour or
territory of India, is one were homemakers. We have trained
of the largest producers of more than 150 women in the art of
luxurious pashmina. Even weaving and knitting pashmina, yak
though the world associates Kashmir wool, sheep wool etc.” said the IAS
with the fabric, Ladakh is no less officer who started the cooperative
when it comes to exporting its raw when he was Deputy Commis-
ingredients. Even though this Hi- sioner (DC) of Leh in 2016. While
malayan region has a rich history of the emphasis is on Pashmina in
woven pashmina clothing, it’s losing Ladakh, the cooperative did not just
out when it comes to value addition. concentrate on that, said Abhilasha.
who is now tech-savvy and even “The cooperative understood that it
IAS officer G Prasanna Ramaswamy, helps Abhilasha. needs to balance all the local wools
when on one of his district tours to and pashmina can be just a niche
a border village in the Changthang Reviving a craft is not just about product. The emphasis here is on
region – Chumur – was greeted giving the artisans a platform but also the craft. People who were involved
with beautiful knitwear as a gift. “It helps them grow and keep updating in these traditional crafts are shift-
struck me that people living in these themselves. Here, the women are the ing careers. All the skill develop-
remote areas too have some amazing designers and they have been taking ment programmes are conducted in
craftsmanship but are not being able inspiration from their everyday lives. villages around Leh and not in the
to capitalise on that,” said Prasanna. “We look at what people are wearing interiors,” she added.
across the big cities – the internet
He gradually realised that there is a helps. We also observe the tourists Know where you are going
massive gap when it comes to the who visit us. We have been develop-
products that leave Ladakh and the ing our designs accordingly,” said The women or the founders did not
final products that get sold in the Lobzang, who is also an elected want outsiders joining the coopera-
market. So, he and his wife Ab- design officer. The cooperative runs tive in its formative years, but now,
hilasha Bahuguna wanted to bridge like a democracy. There are elections after four years, the cooperative is
this financial gap and also bring where people file nominations and set to employ its first few employ-
the art and craft of the Ladakhis to then there are polls that help elect ees. The women are confident with
the forefront – and thus, Looms of women to all posts. what they do and what they have
Ladakh Women’s Cooperative was planned. While they would appreci-
born - to ensure their products are Part of the chain ate some help from professionals,
sold online and they reap the ben- they would have the last word. “We
efits directly. But how did the herders and are now confident. We know what
weavers get left out of the value ad- we are doing. Whether it’s design
The cooperative is run solely by the dition chain? Prasanna explains, “A or finances – we have been handling
women of Ladakh and for most of decade back, a study found that the all of it with help from Abhilasha.
them, this was a big step. The centres total value of pashmina after going So we will obviously have a say on
are situated in their villages and through the value addition chain is these,” said Shakeela Bano, cashier
they are in constant touch with Ab- more than Rs 200 crore while the of the cooperative.
hilasha, in Kashmir, over video calls. pashmina in its raw form was sold
Lobzang Lamo, who is the CEO of to the market for about Rs 12 crore. The women who were either
Looms of Ladakh was a homemaker The stark difference is evident. homemakers or were engaged in
before she joined the initiative. Our objective was to retain a part unskilled labour have found a way
of the value addition to be with the to not just learn a craft but have a
“The cooperative gave us exposure primary producers in Ladakh. We successful professional life. And
and we learnt not just the craft but also hoped to incentivise the semi- they have had support from their
every aspect of the trade. When nomadic tribes to continue with family. “My loved ones were very
the Covid-19 pandemic hit, we hit their traditional way of life. With happy. We have been working here
a rough patch. But we soon moved the advent of tourism, people are for more than four years now and
online. We started selling our prod- moving away from their traditional it’s a satisfying experience,” said
ucts more on Instagram and will craft. Most of the women who are Sonam Palkit, from Kharnakling,
soon have a website,” said Lobzang, now part of Looms of Ladakh were who is a member n
Selected Case Studies and Success Stories of Cooperatives ....................................................... Rs. 100/-
Ends and Means of Cooperative Development by S.S. Puri ....................................................... Rs. 60/-
Supreme Court and High Courts on Cooperative Law 1998–2000.............................................. Rs. 300/-