Can an ordinary member inspect MSCS’s books of accounts?

Posted on 30 July 2012 by Dipak Kumar

Dear sir,

What is the procedure for verifying the books of accounts by an individual member in a muliti state cooperative act credit society?

1 Is it possible to invoke section 108 of multi state coop act and sec 35 of multi-state cooperative act rules for such inspection?

2 Is there any case laws regarding this?

Sivaraman

 

I C Naik

A good question!

The law is covered by Section 108 of Multi State Cooperative Society’s Act, Rule 35 of The Multi-State Cooperative Societies Rules, 2002 and Model Bye-law No 54 of Model Bye-laws of National level  Cooperative Society/Federal Cooperative/Multi-State Cooperative Society.

As per the Act, a member of Multi State Cooperative Society has a right of inspection of books of accounts and papers.

The member making the inspection may during the course of inspection, make or cause to be made copies of books of account and other books and papers; Member does not have to pay any fees as per rule.

Model bye Laws restricts the inspection to the registers or records in so far as they relate to member’s own business transactions and to carry it out during office hours. This restriction is contrary to the provision of the Act and is untenable.

Rules and Bye-laws are silent about procedure to be followed, leaving it to be an area of friction between members and management.

2 Comments For This Post

  1. Thisha Says:

    Respected sir, i applied for the post of assistant in cooperative. i doknow the act and rules.please basic send act and rules at my mail id.Thank you Sir

  2. Radhakrishnan K.V. Says:

    It is possible to invoke section 108 of multi state coop act and sec 35 of multi-state cooperative rules for inspection of records by a member. First, file an application before Board of Directors. If they do not turn to provide the records a complaint is to be lodged before the Department authorities. Alternatively the issue may be raised as a dispute and placed for arbitration u/s 84. In case the authorities are not complying with the provisions of the Act it will be deemed unconstitutional from 15-02-2013 vide Article 243ZO (1) which is as follows :- “The Legislature of a State may, by law, provide for access to every member of a co-operative society to the books, information and accounts of the co-operative society kept in regular transaction of its business with such member.”

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