Taxmann's Multi-State Co-Operative Societies (MSCS) Act 2002 with Rules

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Contents MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002 PAGE

CHAPTER I PRELIMINARY 1. Short title, extent and commencement

1

2. Application

1

3. Definitions

2 CHAPTER II

CENTRAL REGISTRAR AND REGISTRATION OF MULTI-STATE CO-OPERATIVE SOCIETIES 4. Central Registrar

5

5. Multi-State co-operative societies which may be registered

5

6. Application for registration

6

7. Registration

6

8. Registration certificate

8

9. Multi-State co-operative society to be body corporate

8

10. Bye-laws of multi-State co-operative societies

8

11. Amendment of bye-laws of a multi-State co-operative society

10

12. When amendment of bye-laws comes into force

11

13. Change of name

11

14. Address

12 I-5

CONTENTS

I-6 PAGE

15. Publication of name by multi-State co-operative society

12

16. Liability

12

17. Amalgamation or transfer of assets and liabilities, or division of multi-State co-operative societies

13

18. Central registrar to prepare scheme of amalgamation or reorganisation of a co-operative bank in certain cases

14

19. Promotion of subsidiary institution

14

20. Liability of a co-operative bank to Deposit Insurance and Credit Guarantee Corporation

15

21. Cancellation of registration certificate of multi-State co-operative societies in certain cases

15

22. Conversion of a co-operative society into a multi-State co-operative society

16

CHAPTER III REGISTRATION AND FUNCTIONS OF FEDERAL CO-OPERATIVES 23. Registration of federal co-operative

17

24. Functions of federal co-operative

17

CHAPTER IV MEMBERS OF MULTI-STATE CO-OPERATIVE SOCIETIES AND THEIR DUTIES, RIGHTS AND LIABILITIES 25. Persons who may become members

18

26. Nominal or associate member of society

19

27. Educational course for members

19

28. Members not to exercise rights till due payment made

20

29. Disqualification for member of a multi-State co-operative society

20

30. Expulsion of members

20

31. Vote of members

20

32. Manner of exercising vote

21

33. Restriction on holding of shares

21

34. Restriction on transfer of shares or interest

21

35. Redemption of shares

21

36. Transfer of interest on death of members

22

37. Liabilities of past member and estate of deceased member

22

I-7

CONTENTS PAGE

CHAPTER V DIRECTION AND MANAGEMENT OF MULTI-STATE CO-OPERATIVE SOCIETIES 38. Constitution, powers and functions of general body

23

39. Annual general meeting of general body

23

40. Special general meeting of general body

24

41. Board of directors

25

42. Association of employees in management decision making process

26

43. Disqualifications for being a member of board

26

44. Prohibition to hold office of chairperson or president or vice-chairman or vice-president in certain cases

29

45. Establishment of Co-operative Election Authority

29

45A. Power of Chairperson

30

45B. Removal and suspension of Chairperson, Vice-Chairperson and Members

30

45C. Disclosure and declaration of interest

31

45D. Resignation of Members

31

45E. Filling of casual vacancy

31

45F. Restriction of re-employment

32

45G. Vacancies, etc., not to invalidate proceedings of Authority

32

45H. Meetings of Authority

32

45-I. Functions of Authority

32

45J. Elections of members of board

32

45K. Appointment of Returning Officer and other officers

33

45L. Power to issue directions

34

46. Holding of office in co-operative society

34

47. Removal of elected members by general body

34

48. Nominee of Central Government or State Government on board

34

49. Powers and functions of board

35

50. Meetings of board

36

51. Chief Executive

36

52. Powers and functions of Chief Executive

37

53. Committees of board

38

54. Securing possession of records, etc.

38

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CONTENTS

PAGE

CHAPTER VI PRIVILEGES OF MULTI-STATE CO-OPERATIVE SOCIETIES 55. Charge and set-off in respect of share or contribution or interest of members

39

56. Share or contribution or interest not liable to attachment

39

57. Register of members

39

58. Admissibility of copy of entry as evidence

39

59. Exemption from compulsory registration of instruments

40

60. Deduction from salary to meet multi-State co-operative society’s claim in certain cases

40

61. Government aid to multi-State co-operative societies

41

CHAPTER VII PROPERTIES AND FUNDS OF MULTI-STATE CO-OPERATIVE SOCIETIES 62. Funds not to be divided by way of profit

41

63. Disposal of net profits

42

63A. Establishment of Co-operative Rehabilitation, Reconstruction and Development Fund

42

63B. Rehabilitation and reconstruction of sick societies

43

63C. Financial assistance to multi-State co-operative societies for development

43

64. Investment of funds

43

65. Restriction on contribution

45

66. Restriction on loans

45

67. Restrictions on borrowing

45

68. Restriction on other transactions with non-members

45

69. Contributory provident fund

45

CHAPTER VIII AUDIT, INQUIRY, INSPECTION AND SURCHARGE 70. Appointment and remuneration of auditors 70A. Concurrent Audit

46 48

71. Provision as to resolutions for appointing or removing auditors

48

72. Qualifications and disqualifications of auditors

48

73. Powers and duties of auditors

49

I-9

CONTENTS PAGE

74. Signature of audit report, etc.

50

75. Reading and inspection of auditor’s report

51

76. Right of auditor to attend general meeting

51

77. Power of Central Government to direct special audit in certain cases

51

78. Inquiry by Central Registrar

52

79. Inspection of multi-State co-operative societies

53

80. Inspection of books of indebted multi-State co-operative societies

54

81. Costs of inquiry and inspection

54

82. Recovery of costs

54

83. Repayment, etc.

54 CHAPTER IX SETTLEMENT OF DISPUTES

84. Reference of disputes

55

85. Limitation

57 CHAPTER IXA REDRESSAL OF COMPLAINTS

85A. Co-operative Ombudsman

57 CHAPTER X

WINDING UP OF MULTI-STATE CO-OPERATIVE SOCIETY 86. Winding up of multi-State co-operative societies

58

87. Winding up of co-operative bank at the direction of Reserve Bank

59

88. Reimbursement to the Deposit Insurance Corporation by liquidator

59

89. Liquidator

60

90. Powers of liquidator

60

91. Disposal of surplus assets

62

92. Priority of contributions assessed by liquidator

62

93. Power of Central Registrar to cancel registration of a multi-State co-operative society

62

CHAPTER XI EXECUTION OF DECREES, ORDERS AND DECISIONS 94. Execution of decisions, etc.

62

CONTENTS

I-10 PAGE

95. Execution of orders of liquidators

63

96. Attachment before award

63

97. Central Registrar or arbitrator or person authorised to be civil court for certain purposes

63

98. Recovery of sums due to Government

64

98A. Review of decision

64 CHAPTER XII APPEALS AND REVIEW

99. Appeals

64

100. No appeal in certain cases

65

101. Review

65

102. Interlocutory orders

66 CHAPTER XIII

SOCIETIES WHICH BECOME MULTI-STATE CO-OPERATIVE SOCIETIES CONSEQUENT ON REORGANISATION OF STATES 103. Co-operative societies functioning immediately before reorganisation of States

66

CHAPTER XIV OFFENCES AND PENALTIES 104. Offences and penalties

67

105. Cognizance of offences

73

105A. Provisions of this Act not in derogation of any other law

74

CHAPTER XV MISCELLANEOUS 106. Appointment of Co-operative Information Officer 106A. Copy of rules and bye-laws, etc., for inspection

74 74

107. Place of keeping and inspection of, registers and returns

74

108. Inspection of books of account, etc., of multi-State co-operative society

75

109. Annual accounts and balance-sheet

76

110. Minutes of proceedings of general meetings and of board and other meetings

76

111. Minutes to be evidence

77

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CONTENTS

PAGE

112. Presumptions to be drawn where minutes duly drawn and signed

77

113. Inspection of minutes book of general meetings

77

114. Liquidator to be public servant

77

115. Notice necessary in suits

77

116. Power to amend Schedules

77

117. Bar of jurisdiction of courts

78

118. Indemnity

78

119. Opening of branches

78

120. Filing of returns

78

120A. Filing of applications, documents, inspections, etc., in electronic form

79

120B. Application of Banking Regulation Act, 1949

80

121. Certain Acts not to apply

80

122. Central Government’s power to give directions to specified multiState co-operative societies in public interest

80

123. Supersession of board of specified multi-State co-operative society

81

124. Power to make rules

82

125. Power to remove difficulties

86

126. Repeal and saving

86

FIRST SCHEDULE: Co-operative Principles

87

SECOND SCHEDULE: List of National Co-operative Societies

88

THIRD SCHEDULE

89

SUBJECT INDEX

91

MULTI-STATE CO-OPERATIVE SOCIETIES RULES, 2002 CHAPTER 1 PRELIMINARY 1. Short title and commencement

99

2. Definitions

99 CHAPTER 2 REGISTRATION

3. Application for registration

100

CONTENTS

I-12 PAGE

4. Registration

102

5. Refusal of registration

102

6. Bye-laws

102

7. Refusal of amendment of bye-laws

103

8. Principal place of business and address

103

9. Maintenance of Registration file by the society

103

10. Change in name of Multi-State Co-operative Society

104

11. Conditions to be complied with for membership

104

CHAPTER 2A PRUDENTIAL NORMS FOR MULTI-STATE CO-OPERATIVE SOCIETIES 11A. Prudential norms

105

11B. Restrictions on grant of loans by a multi-State co-operative society

106

CHAPTER 3 FEDERAL CO-OPERATIVES 12. Classification of federal co-operatives

106

CHAPTER 4 MANAGEMENT OF MULTI-STATE CO-OPERATIVE SOCIETIES 13. Annual General Meeting

106

14. Interim board and general meeting for the first election

106

15. Notice for general meeting

107

16. Quorum at a general meeting

107

17. Voting in general meeting

108

18. Minutes of the general meeting

108

19. Composition of Selection Committee

108

19A. Qualification and experience for appointment as Member of Authority

108

19B. Salaries, allowances, and conditions of service of Chairperson, Vice-Chairperson and Members of the Authority

109

19C. Powers and functions of Chairperson

109

19D. Procedure of inquiry against Chairperson, Vice-Chairperson and Members of Co-operative Election Authority

110

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CONTENTS

PAGE

19E. Meetings of Authority

111

19F. Powers and functions of Co-operative Election Authority

111

19G. Procedure for conduct of elections

112

19H. Procedure for conduct of election to the board of multi-State co-operative societies

112

19-I Preparation of list of members and delegates

114

19J. Nomination of candidates

114

19K. Compliance with sections 43 and 44 of the Act

115

19L. Scrutiny of nomination papers

115

19M. Voting

116

19N. Election of office bearers by secret ballot

118

19-O. Admission to the place fixed for counting

119

19P. Rejection of ballot paper

119

19Q. Custody of record of elections conducted

120

19R. Death of candidate before poll

120

19S. Preparation of electronic voting machines for polls

120

19T. Election expenses

121

19U. Account of election expenses

121

19V. Disqualification for failure to lodge account of election expenses

121

19W. Particulars of account of election expenses

121

19X. Notice by Returning Officer for inspection of accounts

122

19Y. Casual vacancies how to be filled in

122

19Z. Maintenance of secrecy of voting

122

20. Officers, etc., at an election, not to act for candidates or to influence voting

123

20A. Functions of Observers

123

20B. Directions by the Co-operative Election Authority

123

21. Terms and conditions of the chief executive

123

CHAPTER 5 PRIVILEGES, PROPERTIES AND FUNDS OF MULTI-STATE CO-OPERATIVE SOCIETIES 22. Certification of copies of entries in books

123

23. Government aid to Multi-State Co-operative Societies

124

24. Distribution of profit to members

124

CONTENTS

I-14 PAGE

25. The Co-operative Education Fund

124

26. Contributory Provident Fund

126

27. Audit and Accounts

127

28. Procedure to be adopted by liquidator

128

29. Application of assets of the Multi-State Co-operative Society

129

30. Disputes

130 CHAPTER 5A CO-OPERATIVE OMBUDSMAN

30A. Appointment and Jurisdiction of Ombudsman

130

30B. Tenure of Ombudsman

131

30C. Office of Ombudsman

131

30D. Officers and staff

131

30E. Complaints or appeals that may be considered by the Ombudsman

131

30F. Nature of complainant or appellant before the Ombudsman

131

30G. Non-maintainability of complaint or appeal

131

30H. Form and manner of complaint or appeal

132

30-I. Procedure for handling complaints and appeals by Ombudsman

132

30J. Appeal to the Central Registrar

133

CHAPTER 6 APPEALS AND REVIEW 31. Appeals

133

32. Procedure regarding appeals

134

33. Application for review

135 CHAPTER 7

SOCIETIES WHICH BECOME MULTI-STATE CO-OPERATIVE SOCIETIES CONSEQUENT ON REORGANISATION OF STATES 34. Preparation of a scheme for the reconstitution or reorganisation of Multi-State Co-operative Societies

136

CHAPTER 8 APPLICATION TO THE CO-OPERATIVE INFORMATION OFFICER 35. Manner of application to the Co-operative Information Officer under sub-section (2) of section 106

136

I-15

CONTENTS

CHAPTER 8A

PAGE

NATIONAL CO-OPERATIVE SOCIETIES 35A. Designation of National Co-operative Society

137

35B. Omission of National Co-operative Societies from Second Schedule

138

CHAPTER 9 MISCELLANEOUS 36. Mode of service of summon

138

37. Procedure in execution of decrees, orders and decisions

139

37A. Recruitment of employees in Co-operative Societies

150

37B. Qualifications for Chief Executive of non-credit multi-State co-operative societies

150

37C. Recovery of proceeds under sub-section (6) of section 104

150

37D. Creation of electronic registry, database or portal by Central Government

150

37E. Manner of filing documents electronically under Act and rules made thereunder

151

37F. Electronic maintenance, registration, and authentication of documents under Act and rules made thereunder

151

37G. Electronic issuance of documents and communication by Central Registrar under section 120A

151

38. Repeal and saving

152

SCHEDULE : [Omitted by the Multi-State Co-operative Societies (Amendment) Rules, 2023, w.e.f. 4-8-2023]

152

FORM I

: Application for Registration of a Multi-State Co-operative Society under the Multi-State Co-operative Societies Act, 2002

152

FORM II

: Register of applications for registration of Multi-State Co-operative societies received by the Central Registrar

154

FORM III

: Nomination form for Elections of Board of Directors

154

FORM IV

: Application for appointing election agent

155

FORM V

: Nomination form for election of office bearers

156

FORM VI

: Form of complaint

157

FORM VII

: Form of appeal against decision of the co-operative information officer

158

FORM VIII : Form of appeal before the central registrar

160

FORM IX

161

: Application to the co-operative information officer

SAMPLE CHAPTER

Multi-State Co-operative Societies Act, 2002* (39 OF 2002) An Act to consolidate and amend the law relating to co-operative societies, with objects not confined to one State and serving the interests of members in more than one State, to facilitate the voluntary formation and democratic functioning of co-operatives as people’s institutions based on self-help and mutual aid and to enable them to promote their economic and social betterment and to provide functional autonomy and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement.

1. (1) This Act may be called the Multi-State Co-operative Societies Act, 2002.

(2) It extends to the whole of India.

(3) If shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Application.

2. This Act shall apply to— (a) all co-operative societies, with objects not confined to one State which were incorporated before the commencement of this Act,— (i) under the Co-operative Societies Act, 1912 (2 of 1912); or (ii) under any other law relating to co-operative societies in force in any State or in pursuance of the Multi-unit Co-operative Societies Act, 1942 (6 of 1942) or the Multi-State Co-operative Societies Act, 1984 (51 of 1984), * Dated 3-7-2002.

1. With effect from 19-8-2002 vide GSR 571(E), dated 16-8-2002.

1

S. 3

MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002

2

and the registration of which has not been cancelled before such commencement; and (b) all multi-State co-operative societies.

Definitions.

3. In this Act, unless the context otherwise requires,— (a) “area of operation” means the area from which the persons are admitted as members; [(aa) “Authority” means the Co-operative Election Authority established under sub-section (1) of section 45;]

2

(b) “board” means the board of directors or the governing body of a multiState co-operative society, by whatever name called, to which the direction and control of the management of the affairs of the society is entrusted; (c) “bye-laws” means the bye-laws for the time being in force which have been duly registered or deemed to have been registered under this Act and includes amendments thereto which have been duly registered or deemed to have been registered under this Act; (d) “Central Registrar” means the Central Registrar of Co-operative Societies appointed 3[as per clause (f) of article 243ZH of the Constitution read with sub-section (1) of section 4] and includes any officer empowered to exercise the powers of the Central Registrar under sub-section (2) of that section; (e) “Chief Executive” means a Chief Executive of a multi-State co-operative society appointed under section 51; (f) “co-operative bank” means a multi-State co-operative society which undertakes banking business; [(fa) “Co-operative Ombudsman” means the Ombudsman appointed by the Central Government under section 85A;]

2

(g) “co-operative principles” means the co-operative principles specified in the First Schedule; (h) “co-operative society” means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State; (i) 4[*** ] (j) “Deposit Insurance Corporation” means the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961); 2. Inserted by the Multi-State Co-operative Societies (Amendment) Act, 2023, w.e.f. 3-8-2023.

3. Substituted for “under sub-section (1) of section 4”, ibid.

4. Omitted, ibid. Prior to its omission, clause (i) read as under : ‘(i) “co-operative year”, in relation to any multi-State co-operative society or class of such societies, means the year ending on the 31st day of March of the year and where the accounts of such society or class of such societies are, with the previous sanction of the Central Registrar, balanced on any other day, the year ending on such day;’

3

MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002

S. 3

(k) “federal co-operative” means a federation of co-operative societies registered under this Act and whose membership is available only to a co-operative society or a multi-State co-operative society; [(ka) “financial year”, in relation to any multi-State co-operative society or class of such societies, means the year ending on the 31st day of March of the year and where the accounts of such society or class of such societies are, with the previous sanction of the Central Registrar, balanced on any other day, the year ending on such day;]

5

(l) “general body”, in relation to a multi-State co-operative society, means all the members of that society and in relation to a national co-operative society or a federal co-operative means all the delegates of member co-operative societies or delegates of multi-State co-operative societies and includes a body constituted under the first proviso to sub-section (1) of section 38; (m) “general meeting” means a meeting of the general body of a multi-State co-operative society and includes special general meeting; (n) “member” means a person joining in the application for the registration of a multi-State co-operative society and includes a person admitted to membership after such registration in accordance with the provisions of this Act, the rules and the bye-laws; (o) “member co-operative” means a co-operative society or a multi-State co-operative society which is member of a federal co-operative; (p) “multi-State co-operative society” means a society registered or deemed to be registered under this Act and includes a national co-operative society and a federal co-operative; (q) “multi-State co-operative society with limited liability” means a society having the liability of its members limited by its bye-laws to the amount, if any, unpaid on the shares, respectively, held by them or to such amount as they may, respectively, thereby undertake to contribute to the assets of the society, in the event of its being wound up; (r) “national co-operative society” means a multi-State co-operative society specified in the Second Schedule; (s) “notification” means a notification published in the Official Gazette 5[and the expression ‘notified’ with its cognate meanings and grammatical variations shall be construed accordingly]; (t) “officer” means a president, vice-president, chairperson, vice-chairperson, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under section 123 and includes any other person empowered under this Act or the rules or the bye-laws to give directions in regard to the business of a multi-State co-operative society; (u) “prescribed” means prescribed by rules; 5. Inserted by the Multi-State Co-operative Societies (Amendment) Act, 2023, w.e.f. 3-8-2023.

S. 3

MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002

4

(v) “Reserve Bank” means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934); (w) “rules” means the rules made under this Act. COMMENTS SECTION NOTES

3.1 Definition of “General Body” [Section 3(l)] In relation to a multi-State co-operative society, “general body” means all the members

of that society.

In relation to a national co-operative society or a federal co-operative: It means all the delegates of member co-operative societies.

It means delegates of multi-State co-operative societies.

“General body” includes a body constituted under the first proviso to sub-section (1)

of section 38.

3.2 Definition of “Member” [Section 3(n)] A person joining in the application for the registration of a multi-State co-operative

society.

Members includes a person admitted to membership after such registration.

This admission must be in accordance with: z The provisions of this Act, z The rules, and z The bye-laws.

3.3 Definition of “Multi-State Co-operative Society with Limited Liability” [Section 3(q)] “Multi-State co-operative society with limited liability” means a society having the

liability of its members limited by its bye-laws: To the amount, if any, unpaid on the shares, respectively, held by them, or To such amount as they may, respectively, thereby undertake to contribute to the

assets of the society: Such limited liability arose in the event of the society being wound up.

3.4 Definition of “Officer” [Section 3(t)] “officer” means: A president, A vice president, A chairperson, A vice-chairperson, A managing director, A secretary, A manager, A member of a board, A treasurer,

5

MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002

S. 5

A liquidator, and An administrator appointed under section 123.

General category included “Officer” includes any other person empowered under this Act or the rules or the

bye-laws. z This empowerment must be to give directions in regard to the business of

a multi-State co-operative society.

CASE LAWS Recovery proceedings – Inapplicability of Debt Recovery Act to Co-operative

Banks - The issue in this case arose when co-operative banks constituted under the Maharashtra and Andhra Pradesh Co-operative Societies Acts and the Multi-State Cooperative Societies Act, 2002 attempted to recover loans under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDB Act). The Supreme Court held that co-operative banks, even though involved in banking activities, do not fall under the definition of “banking company” as per section 5(c) of the Banking Regulation Act, and hence are not covered by the RDB Act. It emphasized the clear legislative intent to exclude co-operative banks from the RDB framework, considering they already possess effective and less expensive recovery mechanisms under their respective State Acts or the 2002 Act. The Court rejected the application of the Doctrine of Incorporation to read the provisions of the RDB Act into co-operative banking recovery processes. Thus, co-operative banks must proceed under the mechanisms provided by their respective statutes, and not under the RDB Act. – Greater Bombay Co-operative Bank Ltd. v. United Yarn Tex. Pvt. Ltd. AIR 2007 SUPREME COURT 1584.

CHAPTER II CENTRAL REGISTRAR AND REGISTRATION OF MULTI-STATE CO-OPERATIVE SOCIETIES Central Registrar.

4. (1) The Central Government may appoint a person to be the Central Registrar of

Co-operative Societies and may appoint such other persons as it may think fit to assist the Central Registrar.

(2) The Central Government may, by notification, direct that any power exercisable by the Central Registrar under this Act (other than the power of registration of a multi-State co-operative society) shall, in relation to such society, and such matters as may be specified in the notification, be exercisable also by any other officer of the Central Government or of a State Government as may be authorised by the Central Government subject to such conditions as may be specified therein: Provided that no officer of a State Government shall be empowered to exercise such power in relation to a national co-operative society.

Multi-State co-operative societies which may be registered.

5. (1) No multi-State co-operative society shall be registered under this Act, unless,— (a) its main objects are to serve the interests of members in more than one State; and

S. 7

MULTI-STATE CO-OPERATIVE SOCIETIES ACT, 2002

6

(b) its bye-laws provide for social and economic betterment of its members through self-help and mutual aid in accordance with the co-operative principles.

(2) The word “limited” or its equivalent in any Indian language shall be suffixed to the name of every multi-State co-operative society registered under this Act with limited liability.

Application for registration.

6. (1) For the purposes of registration of a multi-State co-operative society under

this Act, an application shall be made to the Central Registrar in such form and with such particulars as may be prescribed.

(2) The application shall be signed,— (a) in the case of a multi-State co-operative society of which all the members are individuals, by at least fifty persons from each of the State concerned; (b) in the case of a multi-State co-operative society of which the members are co-operative societies, by duly authorised representatives on behalf of at least five such societies as are not registered in the same State; and (c) in the case of a multi-State co-operative society of which another multiState co-operative society and other co-operative societies are members, by duly authorised representatives of each of such societies: Provided that not less than two of the co-operative societies referred to in this clause, shall be such as are not registered in the same State; (d) in the case of a multi-State co-operative society of which the members are co-operative societies or multi-State co-operative societies and individuals, by at least— (i) fifty persons, being individuals, from each of the two States or more; and (ii) one co-operative society each from two States or more or one multiState co-operative society.

(3) The application shall be accompanied by four copies of the proposed bye-laws of the multi-State co-operative society and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Central Registrar may require.

Registration.

7. (1) If the Central Registrar is satisfied— (a) that the application complies with the provisions of this Act and the rules; (b) that the proposed multi-State co-operative society satisfies the basic criterion that its objects are to serve the interests of members in more than one State; (c) that its bye-laws provide for social and economic betterment of its members through self-help and mutual aid in accordance with the co-operative principles;

MULTI-STATE CO-OPERATIVE SOCIETIES ACT 2002 WITH MULTI-STATE CO-OPERATIVE SOCIETIES RULES 2002 – BARE ACT WITH SECTION NOTES AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :

Taxmann's Editorial Board Taxmann December 2025 2026 Edition 9789371263108 180 Paperback

Rs. 235 DESCRIPTION Multi-State Co-Operative Societies Act 2002 with Multi-State Co-Operative Societies Rules 2002 [Bare Act with Section Notes] by Taxmann is a comprehensive legal resource for understanding and complying with the framework for Multi-State Co-operative Societies (MSCS) in India. The 2026 Edition features the latest text of the Act and Rules, updated with all amendments, section-wise notes, key judicial decisions, practical guidance, and prescribed statutory forms—making it an essential reference for legal, regulatory, and administrative needs.

This book is intended for the following audience: • Legal Professionals & Consultants • Co-operative Society Management & Officers • Chartered Accountants & Auditors • Government Officials & Regulators • Policy Makers & Researchers • Members & Stakeholders of Co-operatives The Present Publication is the 2026 Edition, covering the amended and updated text of the Multi-State Co-Operative Societies Act [Act No. 39 of 2002] and Rules, with the following noteworthy features: • [Complete Updated Text] Includes the full text of the Act and Rules, with all amend ments up to date • [Section-wise Notes] Practical notes explaining provisions, definitions, and procedures • [Case Law Digest] Summaries of significant Supreme Court and High Court rulings • [Coverage of Recent Amendments] Reflects changes from the 2023 Amendment Act, digital compliance, election authority, and governance reforms • [Practical Guidance] Notes on registration, elections, board functions, audit, disputes, and digital filings • [Prescribed Forms & Schedules] Includes statutory forms for compliance and admin istration • [Comprehensive Reference] Tables, updated schedules, and a detailed subject index for quick access • [Trusted by Professionals] Recognised as an authoritative reference by legal, audit, and regulatory communities

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