Times of India: Bhubaneswar: Friday, September
07, 2018.
After the 97th amendment to the
Constitution of India, cooperative societies and banks registered under the
Maharashtra Cooperative Societies Act have to mandatorily include members from
reserved categories like SC, ST, OBC, economically backward, physically
handicapped and women in their executive committees, said advocate Ajay Ghare
on Wednesday.
“The executive committee of any
cooperative society can have up to 21 members and each can serve a maximum of
five-year term,” Ghare added. He was delivering a talk on the procedural
aspects of the Maharashtra Cooperative Societies Act to young lawyers,
organized by the Study Circle of High Court Bar Association (HCBA).
“A cooperative society works with mutual
understanding of all members as a close-knit organization and develops society
from the grass roots level. Hence, any cooperative bank can only lend loan to
one of its members. If an outsider approaches for loan, he or she is first made
a member,” he said.
“A society can be functional only in
restricted area. For instance, Shikshak Sahakari Bank is an urban cooperative
bank which is restricted to operate only in Nagpur and Chandrapur districts,”
Ghare said.
He said cases related to the disputes
arising within societies can be filed in a civil court. “The Act has an
exhaustive section 91 which deals with all kinds of settlement of disputes. You
can appeal before the cooperative court, then in the appeal court and later in
the high court,” he added.
Ghare exhorted the young lawyers to refer
to the by-laws of the Act while arguing any case related to cooperative
societies or banks. “All the answers to your cases lie in the Act; it is like
Bhagwad Gita for civil lawyers,” he said.
Replying to queries, Ghare said, “Right
to Information (RTI) is not applicable to cooperative societies as they are
formed to work for the betterment of the nation.”
.JPG)
.JPG)
