By I C Naik
Very well-known Brahm Perkash Committee Report (May 1991) recommended inter alia:
1.Simplified procedure for registration of a cooperative society.
2.No rule making power to the government
3.No power to the Registrar or the Government in respect of :
a.Compulsory amendment of bye-laws;
b.Power to issue directives;
c.Limited role of the Registrar;
1.Not only the State retained it Rule making power it increased areas for which cooperative societies have to keep hunting for Government Notifications. The State Government issued Draft of the Maharashtra Co-operative Societies (Amendment) Rules,2013 vide its Notification No.CSL.2013/C.R. No.697/15C, dated the 21 November 2013, published in the Maharashtra Government Gazette, Extraordinary, Part IV-B, on 22 November 2013.
2.The Rules are made by the State Governments in exercise of powers conferred by sub-section (2) of section 165 of the Maharashtra Co-operative Societies Act, 1961. The M.C.S. Rules 1961 were made in 1961 vide G.N.C. No Cooperative Society Law 1161/46295-G. & R. D.D. dated 23rd December 1961 (M.G.G. Pt IV –B p.1201) and has amended from time to time at least not less than 50 times by now.
3.As per these amendments proposed to the M.C.S. Rules 1961,the State Government has kept several decisions to be taken from time to time and notify them through gazettes. These notifications are;
The State Apex Training Institute, means an Institute notified by the State Government under section 24A;
i.The concerned Federal Society for consultation by the Registrar is to be notified by the State Government.
ii.Fees to be paid for obtaining the certified copies of certain documents is to be notified by the State Government from time to time,
iii.The rates of contribution to the education and training fund to be made every year by the societies to the State Federal Societies or State Apex Training Institutes shall be notified by the State Government from time to time.
iv.Remuneration of the auditor shall be at such rates as may be notified by the Government
v.To obtain a certified copy of any order, judgment or award made by the Court or the Registrar on rates of payment of copying fees, to be notified by the State Government.
vi.For the Registrar or the Co-operative Court, to take a dispute, appeal, revision, etc. on file the rates of court-fees stamps are to be notified by the State Government.
4.If recommendation of the Brahm Perkash Committee of “No rule making power to the State Government” was accepted, none of these notifications would have become necessary. The bureaucracy would have found ways to spend their time in more productive areas. Perhaps the Politicians want them to remain busy on petty matters.
5.This is an example of ills of Indian federalism where the States do exactly opposite to what the so called strong Centre desires.
And do not forget the maxim “ignorance of law is no excuse.” And at the same time there is another popular saying that “Law is an ass” So you cannot afford to take the Ass lightly. Like it or not you must try to know it smartly.
