Question

Consider the following statements regarding the 97th Constitutional Amendment:

I. Part IX-B was added to the Constitution, comprising Articles 243ZH to 243ZT.

II. Co-opted members on the board of a co-operative society have voting rights in elections, but cannot be elected as office bearers.

III. All co-operative societies must file returns, including audited accounts, within six months of the end of the financial year.

Which of the above statements are correct?

• A. I only
• B. II only
• C. I, III only
• D. I, II, III

Answer 1

Answer:

C. I, III only

97th Constitutional Amendment Act, 2011

• This amendment significantly impacted the governance and functioning of co-operative societies in India.

• It was enacted to give constitutional status and protection to co-operative societies.

Key Provisions:

• Statement I: Insertion of Part IX-B

  • The amendment inserted Part IX-B into the Constitution of India.

  • This new part deals with Co-operative Societies and contains Articles 243ZH to 243ZT.

  • This Part applies to the States and Union Territories, with exceptions for certain provisions as specified in Article 243ZK.

• Statement II: Co-opted Members and Voting Rights

  • The statement mentions that co-opted members have voting rights but cannot be elected as office bearers.

  • As per the provisions related to co-operative societies under Part IX-B, the Act empowers the legislature of a State to make provisions for the reservation of seats for Scheduled Castes, Scheduled Tribes, and women in the board of directors or any other managing body.

  • Co-option of members to the board of a co-operative society is permitted, but typically these co-opted members do not have voting rights unless the bye-laws of the specific society permit it. However, they are usually not eligible for election as office-bearers. The statement is partially accurate, but the conferral of voting rights on co-opted members can be subject to specific state laws and the society's bye-laws. For competitive exams, it's crucial to remember that co-opted members are generally not elected officials and their voting rights can be restricted.

• Statement III: Filing of Returns

  • Co-operative societies are mandated to file annual returns and audited accounts with the designated authority.

  • The amendment stipulated that these returns, including audited accounts, must be filed within six months of the close of the financial year.

  • This provision aims to ensure transparency and accountability in the financial management of co-operative societies.

Relevance for Competitive Exams:

• Understanding the articles and parts added or amended by significant constitutional amendments is crucial.

• The specific rights and limitations of members in various bodies, like co-operative societies, are often tested.

• Procedural requirements such as the timelines for filing returns are also common exam topics.