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Parliament Parliament of India

Bill creates Co-operative Election Authority and Ombudsman

This Bill amends the Multi-State Co-operative Societies Act, 2002 to introduce new regulatory standards for capital and liquidity, establish a Co-operative Election Authority and a Co-operative Ombudsman, and tighten governance rules…

This Bill amends the Multi-State Co-operative Societies Act, 2002 to introduce new regulatory standards for capital and liquidity, establish a Co-operative Election Authority and a Co-operative Ombudsman, and tighten governance rules regarding board composition, director conflicts of interest, and share redemption.

Who it concerns: Multi-State Co-operative Societies, multi-State co-operative banks, their directors, members, and the Central Registrar of Co-operative Societies.

What the bill does

  • Defines 'Authority' as the Co-operative Election Authority and 'Co-operative Ombudsman' appointed by the Central Government.
  • Requires multi-State co-operative societies in thrift and credit businesses to meet specific paid-up capital, reserve, and liquidity norms; existing societies have a five-year transition period.
  • Mandates the Central Registrar to dispose of registration applications within three months (extendable by two months for rectification), with deemed acceptance if deadlines are missed.
  • Allows co-operative societies to merge into existing multi-State co-operative societies via a two-thirds majority resolution.
  • Permits the issuance of non-voting shares to nominal or associate members, subject to Reserve Bank instructions for banks.
  • Limits the board of directors to a maximum of 21 members, requiring at least one member from Scheduled Castes or Scheduled Tribes and two women, with up to two additional co-opted directors allowed.
  • Prohibits directors from voting on or discussing contracts in which they or their relatives have an interest, and bans the recruitment of relatives of sitting directors as employees.
  • Disqualifies directors who violate conflict of interest rules, deeming their office vacated and proceedings void.
  • Bars members who were directors of a board that was superseded from being elected to another board for five years, provided they were found responsible for the supersession.
  • Requires prior approval from specific authorities for the redemption of shares held by them, with redemption to be at face value.

Also in the document

  • The Bill creates a new body, the Co-operative Election Authority, and appoints a Co-operative Ombudsman.
  • It introduces specific disqualification grounds for directors, including being a director of an insolvent company or violating conflict of interest provisions.
  • It mandates that registration applications not disposed of within the specified timeframe are deemed accepted.

Where this bill is now: Became law (Act)

How this was written

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The original document

Parliament of India — Bills (Lok Sabha & Rajya Sabha)

Bill / law · Ref. 215 · 25 Jul 2023

Bill passed both 0.1 MB Open the document On sansad.in ↗
Bill 7 Dec 2022 · 0.2 MB Open the document On sansad.in ↗
Bill passed ls 25 Jul 2023 · 0.1 MB Open the document On sansad.in ↗
Read it here

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