The Chamber's Journal April 2013

Page 43

Special Story – The Maharashtra Co-op. Housing Society

Vinod Sampat, Advocate

9th Constitutional Amendment and its impact on Co-operative Societies in Maharashtra

1.

Amendments to our Constitution happens rarely. This is the first time amendments have occurred in our Constitution, which has a major impact on Co-operative Housing Societies. A house is not just constructed of cement, sand, steel or concrete. It is acquired by an individual with a feeling of belonging, intimacy and warmth, which cannot be expressed in terms of words.

2.

There are more than 6.50 lakh Co-operative societies in India. There are more than 26 crore members, who are directly and/or indirectly associated with the Co-operative movement. The working capital of Co-operative Societies in India is more than ` 4 lakh crores and affecting a large segment of people both in central and rural areas. Perhaps the Co-operative movement in India might be the world’s largest co-operative movement.

3.

The process of 97th Constitutional Amendment commenced in the year 2006 and is finalised in January

SS-VI-27

2012. The major impact of the changes is that each State will have its own Co-operative Societies Act. One may add that Co-operation is a State subject. For States, which have not adopted the respective State Co-operative Societies Act, will have to follow the Central Co-operative Societies Act. Maharashtra State has amended the Maharashtra Co-operative Societies Act 1960 on 14th February 2013. 4.

Maharashtra occupies a prominent position in the Co-operative movement. Normally, our image of a Co-operative Society is restricted to Housing Societies. There are more than 20 types of Co-operative Societies in Maharashtra. On account of Constitutional Amendments, many changes have been enacted in the Maharashtra Co-operative Societies Act, 1960.

5.

Article 19 of the Constitution of India gives the fundamental right pertaining to freedom of speech. Article 9(b) of the Constitution defines the

The Chamber's Journal April 2013

43


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