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Meghavath M R (Human Welfare Practitioner)     17 January 2016

Indian co-op laws run as oppose to article 43 b r/w 19(1)(c)

Rights of the citizens to form co-operative societies voluntarily, is now raised to the level of a fundamental right (Article 19(1)(c)) and State shall endeavour to promote their voluntary formation, autonomous functioning, democratic control and professional management (Article 43B). The Parliament, with a view to enhance public faith in the co-operative institutions and to insulate them to avoidable political or bureaucratic interference brought in Constitutional (97th Amendment) Act, 2011, which received the assent of the President on 12.01.2012, notified in the Gazette of India on 13.01.2012 and came into force on 15.02.2012.

Unfortunately, most of the co-operative laws in our country have been continued as oppose to Article 43 B r/w 19(1)(c). No restrictions imposed on political and bureaucratic interference. Imposition of reservation disturbs voluntary formation. Government nominations on co-operative boards and encroachment of co-operative employment by Government servants takes away autonomous functioning and democtratic member control features. Except banking, the activities of other co-operative societies are not governed/regulated by respective activity related laws, which hinders professional management etc. Thus, cooperative laws in our country are made to continue as oppose to Article 43 B r/w 19(1)(c) for political and bureaucratic gains. Should it be allowed to continue?


 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 January 2016

PIL against the Section 4 of the 97th constitutional amendment affecting the cooperative sector was filed in the Gujarat High Court by Mr. Rajendra Shah of Consumer Protection Analytic Committee (CPAC)

Meghavath M R (Human Welfare Practitioner)     18 January 2016

In this PIL, Gujarat High Court has upheld Article 19(1)(c) and 43 B under Constitutional (97th Amendment) Act, 2011 as valid.

kuldeep vartak   18 January 2016

can chs make compalsory to registration of leave n licence agreemnt of 11month or less. or just dong notary of agreement is acceptable

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