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Rajya Sabha approves Constitutional Amendment Bill

Posted on 29 December 2011 by Ajay Jha

Rajya Sabha approves Constitutional Amendment Bill

Rajya Sabha approved the  Constitution amendment bill seeking to make the right to form cooperative societies a Fundamental Right on Wednesday.

The bill was approved by the Lok Sabha on December 22.

Participating in the debate, Balavant Apte (BJP) said that mere constitutional status to cooperative societies will not help them, but an action plan is required.

On the provision for setting up a specialised agency for conducting elections in societies, Apte said it would not be possible to monitor all elections as there are lakhs of
cooperative societies.

E M Sudarsana Natchiappan (Cong) said cooperative societies are necessary for the socio-economic development of the country.

Opposing the amendment, P Rajeeve (CPI-M) said the Centre is trying to encroach upon the rights of state governments to make legislations in regard to cooperative societies.

S P Singh Baghel (BSP) said because of undue government interference, the cooperative societies are not prospering. He also suggested that members of a society should directly elect their chairman.

19 Comments For This Post

  1. Adv Kulkarni Jayant G Says:

    Sir
    I am searching soft copy of Constitutional amendment bill passed by Rajya Sabha .Presented by Hon.ble Minister for Agriand Cooperation Shri Sharad Pawar Saheb .pl send me if you find it to my mail address. I am Director of Pune Dist Co-op Hsg Federation
    Thanks
    Adv Kulkarni Jayant G

  2. Muralidharan Says:

    I would like to have a soft copy of the constitutional amendment involving co-operatives for academic purpose. Please send to my mail ID. thanks.

  3. ANANDAN V V Says:

    I would like to have a copy of the constitutional amendment involving co-operatives. Please send a soft copy of the same to my mail ID.

  4. Adv Bhushan Walimbe Says:

    The Copy of The Constitution (111 Amendment) Bill is available on net otherwise I have a pdf copy of the bill as passed by LS. if you want it please let me know your mail id. mine is walimbe.bhushan@gmail.com

  5. Radhakrishnan KV Says:

    Is the news “Rajya Sabha approved the Constitution amendment bill seeking to make the right to form cooperative societies a Fundamental Right on Wednesday” correct? I underatand that the amendment was incorporated with “Directive princiles” and not in Fundamental Rights. If it is otherwise please sent me a copy of the amendment paased by Raja sabha. If my understanding is correct then how the wrong message appeared in this site.

  6. Adv Bhushan Walimbe Says:

    @Radhakrishnan:
    Allow me to quote portion from bill which is as under:
    BE it enacted by Parliament in the Sixty-second Year of the Republic of India as
    follows:—
    “1. (1) This Act may be called the Constitution (Ninety-seventh Amendment) Act,
    2011.
    (2) It shall come into force on such date as the Central Government may, by notification
    in the Official Gazette, appoint.
    2. In Part III of the Constitution, in article 19, in clause (1), in sub-clause (c), after the
    words “or unions”, the words “or co-operative societies” shall be inserted.
    3. In Part IV of the Constitution, after article 43A, the following article shall be inserted,
    namely:—
    “43B. The State shall endeavour to promote voluntary formation, autonomous
    functioning, democratic control and professional management of co-operative
    societies.”.
    Short title and
    commencement.
    Insertion of……..
    So amendment also relates to Fundamental rights incorporated in Part 3 of constitution of India.

  7. Radhakrishnan Says:

    Dear Adv Bhushan Walimbe,
    Sir,What are you talking about? Is it about “Constitution (Ninety-seventh Amendment) Act” or “The Constitution (111 Amendment) Bill”.
    I could not find any word like fundamental right or something like that in the 111st amendment Bill.
    I hope you will clarify the position to help avoid confusion created by this thread.

  8. Radhakrishan K.V. Says:

    Dear All,
    A lot of confusion have sprouted among co-opertors in Kerala as an outcome of this post.Will anybody come forward to clarify whether the right to form cooperative societies has become a Fundamental Right?

  9. Radhakrishan K.V. Says:

    ok. The bill was passed by incorporating the right to form cooperative societies a Fundamental Right.This was an addition to the bill introduced.Thanks.

  10. NIL KRISHNA DAS Says:

    ACTION PLAN WITH GOVERNMENT PROJECT FOR EVERY COOPERATIVE SOCIETY IS NEEDED.

  11. IshwercNaik Says:

    Having added directive Principle 43B the GOI has made it clear that in Multi-State Cooperatives, Union Government will take initiaves and in States it is the concerned Government must take initiatives to grant autonomy to cooperatives by redefining the Registar’s role. It deserves promulgating an Ordinance as a response to IYC 2012. At the same time, the District Federations will have to take initiatives to instill sense of responsibilities in the members of Primary Co-operatives.

  12. IshwercNaik Says:

    Thanks Adv Bhusan.Please do send full bill as passed by both the houses. Do advise when the Presidential assent is given and Act comes in to force.naikic@gmail.com

  13. Radhakrishnan Says:

    Bill after having received the assent of the President on 12th January, 2012, have been published as Acts in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 13th January, 2012.
    If a copy is available with anybody please send one to kvr2009@gmail.com

  14. P D Mishra Says:

    1.What is the date appointed by the Government for coming it into force?
    2.How much time State Governments have for amending state laws suitably?
    3.Are State GOvt at liberty to act against the provisions for one year?
    Kindly elucidate

  15. Meghavath Says:

    Dear Mishra,

    1. 15-02-2012
    2. Upto 14-03-2012
    3. No

  16. Meghavath Says:

    Small correction

    2. Upto 14-02-2013

  17. Radhakrishnan Says:

    Dear Meghavath and Mishra,
    State act which is inconsistent with the const.amendment act shall continue to be in force until the expiration of one year.
    State GOvts are at liberty to act against the provisions for one year if the state law so provide for?

  18. Radhakrishnan Says:

    According to the Web site of law ministry the act came into force as on the date of assent i.e.12-01-2012. Did the ministry of agriculture and cooperattion appoint another date, i.e.15-02-2012? If so, how can we ascertain it?

  19. Meghavath Says:

    Please wait till it is put on web or get a hard copy from the ministry through somebody if you know at Delhi.

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