] 22nd Higher Diploma in Cooperative Management

(Correspondence)
From 09-10-2023 to 07-04-2023
First semester

Subject: - COOPERATIVE MOVEMENT AND ROLE OF COOPERATIVES IN

AGRICULTURE AND RURAL DEVELOPMENT

Question 1: Explain the structure of co-operative department and review the

rights and duties of registrar cooperative societies.

Question 2: Explain Model Bye-Laws.

Name: Rohan Behar

Roll no:
Bank name: Udham Singh Nagar District Co-op
Bank Ltd, Head Office- Rudrapur
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Question 1: Explain the structure of co-operative department and review the
rights and duties of registrar cooperative societies.

Answer: The following arrangements are in place to provide strong momentum, effective
operation, guidance and supervision to the cooperative movement:-

 Head of Department, Registrar, Cooperative Societies, Uttarakhand at the regional

level.
 To assist the Registrar, Additional Registrar, Joint Registrar, Deputy Registrar, Finance
Controller and other officers and employees,
 District Assistant Registrar at the district level,
 Cooperative Inspector Class-1/Additional District Cooperative Officer at Tehsil level,
 Assistant Development Officer (Co)/Cooperative Inspector Class-2 at the development
block level,

The rights and duties of the Registrar of Cooperative Societies in India are primarily outlined
in the Cooperative Societies Acts of various states and the Multi-State Cooperative Societies
Act, 2002. Below are some general rights and duties commonly associated with the Registrar
of Cooperative Societies:-

Rights of the Registrar:

 Registration of Cooperative Societies:

The Registrar has the authority to register cooperative societies in accordance with the
provisions of the Cooperative Societies Act.

 Inspection and Inquiry:

The Registrar has the right to conduct inspections and inquiries into the affairs of
cooperative societies to ensure compliance with the law.

 Approval of Bylaws:
The Registrar approves the bylaws of cooperative societies, ensuring that they are in
line with the relevant legislation.

 Supervision and Control:

The Registrar exercises supervisory and control functions over cooperative societies to
safeguard the interests of the members and the public.
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  Settlement of Disputes:
The Registrar may have the authority to mediate or adjudicate disputes arising within
cooperative societies.

 Cancellation of Registration:
The Registrar can cancel the registration of a cooperative society if it is found to be in
violation of the law or its bylaws.

Duties of the Registrar:

 Promotion and Development:

The Registrar is responsible for promoting and facilitating the development of
cooperative societies, particularly in terms of their economic and social objectives.

 Registration Process:
The Registrar is tasked with the proper registration of cooperative societies, ensuring
that they meet the necessary criteria and follow the prescribed procedures.

 Bylaw Approval:
The Registrar reviews and approves the bylaws of cooperative societies, ensuring that
they conform to the legal requirements.

 Supervision and Audit:

The Registrar carries out periodic supervision and audit of the financial and operational
aspects of cooperative societies to ensure transparency and compliance.

 Dispute Resolution:
The Registrar may be involved in the resolution of disputes among the members or
between the cooperative society and its members.

 Enforcement of Compliance:
The Registrar enforces compliance with the Cooperative Societies Act and can take
corrective actions, including penalties, against societies that violate the law.

It is important to consult the specific Cooperative Societies Act of the relevant state or the
Multi-State Cooperative Societies Act, 2002, for a detailed understanding of the rights and
duties of the Registrar in the current legal context. Legal provisions may vary between states,
and amendments to legislation can impact these rights and duties.
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Question 2: Explain Model Bye-Laws.

Answer: Model Bye-Laws in cooperatives refer to a set of rules and regulations that govern
the internal functioning and operations of cooperative societies. These bye-laws serve as a
blueprint for the structure, management, and activities of cooperatives, ensuring uniformity
and adherence to legal standards. The formulation and adherence to model bye-laws are
crucial for the successful and transparent functioning of cooperatives across various sectors.
Here, we'll explore the key aspects of model bye-laws in cooperatives in detail.

1. Introduction and Purpose: Model bye-laws typically start with an introduction that outlines
the objectives and purpose of the cooperative society. This section sets the tone for the
document and provides a clear understanding of the cooperative's mission and goals.

2. Name and Address: The bye-laws specify the name of the cooperative society along with
its registered address. This information is essential for legal identification and communication
purposes.

3. Area of Operation: The geographical area within which the cooperative operates is defined
in this section. It may include details about the regions or districts where the cooperative can
conduct its activities.

4.Objectives of the Cooperative: Model bye-laws explicitly state the objectives and goals of
the cooperative society. These objectives usually revolve around promoting the economic and
social well-being of its members by providing specific services or products.

5. Membership: This section outlines the criteria for membership, including eligibility,
admission process, and the rights and responsibilities of members. It may also specify the
conditions under which a member can be terminated or suspended.

6. Share Capital and Contributions: Model bye-laws detail the share capital structure, the
value of shares, and the method of contributions by members. This section ensures
transparency and fairness in the financial dealings of the cooperative.

7. Management Structure: The bye-laws provide information about the structure of the
management committee or board of directors, including the election or appointment process,
tenure, powers, and responsibilities. This section aims to establish a clear and accountable
leadership framework.

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8. Meetings: Procedures for various types of meetings, such as general body meetings, board
meetings, and special meetings, are outlined in this section. It covers aspects like notice
periods, quorum requirements, and the conduct of meetings.

9. Financial Management: Model bye-laws define the financial management practices of the
cooperative, including the preparation of annual budgets, audit processes, and the distribution
of surplus or profits among members.

10. Rights and Duties of Members: This section enumerates the rights and duties of members
within the cooperative. It may include voting rights, participation in decision-making
processes, and obligations towards the cooperative and its objectives.

11. Dividends and Surplus: Guidelines regarding the distribution of dividends and surplus
among members are outlined in this section. This ensures equitable sharing of profits and
reinforces the cooperative principle of mutual benefit.

12. Amendment of Bye-Laws: Model bye-laws typically include provisions for amending the
bye-laws when necessary. This process may require the approval of a certain percentage of
members to ensure democratic decision-making.

13. Dispute Resolution: Procedures for resolving disputes within the cooperative, including
mechanisms for mediation or arbitration, are addressed in this section. Clear dispute
resolution mechanisms contribute to the smooth functioning of the cooperative.

14. Dissolution: In the event of the dissolution of the cooperative, the bye-laws specify the
procedures for the disposal of assets and the settlement of liabilities. This ensures an orderly
and legal conclusion to the cooperative's operations.

15. Audit and Inspection: The model bye-laws emphasize the importance of regular audits
and inspections to maintain financial transparency and accountability. This section may also
detail the appointment of auditors and the frequency of audits.

16. Compliance with Applicable Laws: Cooperatives are subject to various laws and
regulations, and model bye-laws include a commitment to compliance with these legal
requirements. This ensures that the cooperative operates within the legal framework of the
jurisdiction.

Conclusion: Model bye-laws in cooperatives play a pivotal role in establishing a robust

framework for the governance, management, and operation of these entities. By providing a

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standardized set of rules, these bye-laws contribute to the stability, transparency, and
sustainability of cooperative societies. It is crucial for cooperatives to carefully draft,
implement, and periodically review their bye-laws to ensure alignment with legal requirements
and changing business environments. Additionally, adherence to model bye-laws fosters trust
among members, enhances financial accountability, and contributes to the overall success of
cooperative ventures.