Question

Choose the correct statement(s) regarding the provisions of cooperative societies under the 97th Amendment.

i. The maximum number of board members of a cooperative society is 21, as per Article 243 ZJ.

ii. Co-opted members of a cooperative society board have the right to vote in elections of office bearers.

iii. The term of office for elected board members of a cooperative society is 5 years.

iv. The State Legislature determines the number of board members and reserves seats for Scheduled Castes, Scheduled Tribes, and women.

• A. Only i and iii are correct
• B. Only i, iii, and iv are correct
• C. Only ii and iv are correct
• D. Only i and iv are correct

Answer 1

Answer:

B. Only i, iii, and iv are correct

97th Amendment Act, 2011: Cooperative Societies

• This amendment significantly altered Part IXB of the Constitution, focusing on cooperative societies.
• It aimed to ensure that cooperatives function democratically and professionally, in line with the Directive Principles of State Policy (Article 43B).

Key Provisions Regarding Cooperative Societies:

• Article 243ZK: Board of Directors
  • The maximum number of board members for a cooperative society is generally set at 21, as stipulated in Article 243ZK. This provision aims to maintain effective governance without making the board too unwieldy.
  • Note: While the article specifies a maximum, the exact number can vary based on the society's bylaws, provided it does not exceed this limit.
• Co-opted Members:
  • The 97th Amendment also addresses co-opted members. Article 243ZK(2) clarifies that co-opted members shall not have the right to vote in the election of the board or its office bearers. This ensures that elected members retain primary decision-making authority.
• Term of Office:
  • The term of office for elected members of the board of a cooperative society is fixed at five years from the date of election, as per Article 243ZK(4). This aligns with the term of other elected bodies in India and promotes regular accountability.
• Reservation of Seats:
  • Article 243ZK(5) grants State Legislatures the power to make provisions for the reservation of seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and women on the board of directors.
  • Additionally, State Legislatures can provide for the appointment of one or more persons by the State Government, who shall have the right to speak in the proceedings of the board or any committee thereof, but shall not have the right to vote.

Impact and Significance:

• The 97th Amendment brought cooperative societies under the purview of fundamental rights (Part III) and directive principles (Part IV), strengthening their constitutional status.
• It sought to bring uniformity and better governance standards across different types of cooperative societies in India.