In Context
- The Central Government has recently introduced Bill to amend the Multi-State Co-operative Societies Act, 2002.
About the Cooperative Societies
- About:
- A co-operative society is a voluntary association of individuals having common needs who join hands for the achievement of common economic interest.
- Its aim is to serve the interest of the poorer sections of society through the principle of self-help and mutual help.
- The cooperative movement is as old as India’s Independence.
- 97th Constitutional Amendment Act 2011:
- It established the right to form cooperative societies as a fundamental right (Article 19).
- It included a new Directive Principle of State Policy on the Promotion of Cooperative Societies (Article 43-B).
- It added a new Part IX-B to the Constitution titled “The Co-operative Societies” (Articles 243-ZH to 243-ZT).
- It authorizes the Parliament to establish relevant laws in the case of multi-state cooperative societies (MSCS) and state legislatures in the case of other cooperative societies.
- Significance:
- Co-operatives have great potential to rejuvenate growth, formalise the economy, and reduce inequality besides improving the standard of living of the poor.
- Ministry of Cooperation:
- The Union Ministry of Cooperation was formed in 2021, its mandate was looked after by the Ministry of Agriculture before.
Financial cooperatives
- Status of financial cooperatives in India:
- Currently, there are about 10 lakh cooperatives, of which 1.05 lakh are financial cooperatives.
- Among the financial co-operatives, rural co-operatives have a three-tier system with
- around 1.02 lakh primary agricultural cooperative societies (PACS),
- 351 District Central Cooperative Banks (DCCBs),
- 34 State Cooperative Banks (SCBs),
- besides 616 rural cooperatives for long-term lending.
- India has 1,514 primary urban cooperative banks (UCBs), of which, 52 are scheduled and the rest unscheduled, some are multi-State UCBs.
- Issues & challenges:
- Dispute over jurisdiction:
- The founding fathers of the Indian Constitution have kept ‘cooperatives’ in the State List while ‘banking’ is included in the Union List.
- State governments have a great responsibility in promoting non-financial cooperatives without any dispute over jurisdiction.
- When it comes to cooperative banks, both urban and rural, there is dual control leading to jurisdictional disputes.
- While incorporation, management, audit, supersession of board and liquidation are administered by the Registrar of Cooperatives,
- Banking licence, prudential regulation, capital adequacy, etc., are prescribed by the RBI.
- Many expert committees have concluded that dual control over cooperative banks has not served them well for their orderly growth.
- Poor corporate governance:
- Poor corporate governance has been the main reason behind the failure of many cooperative banks.
- Since 2004-05, there were 145 mergers of non-scheduled UCBs, nine in 2021-22.
- Since 2015-16, the RBI cancelled the licences of 54 UCBs, including 10 in 2021-22.
- The number of UCBs has declined from 1,926 in March 2004 to 1,514 in March 2022.
- The balance sheets of about one-third of the newly licensed UCBs are unsound.
- UCBs reported more than 1,000 cases of fraud in the last five years.
- The collapse of the Punjab and Maharashtra Cooperative (PMC) Bank in 2019 was mainly due to financial irregularities, failure of internal control, and under-reporting of exposures.
- Poor corporate governance has been the main reason behind the failure of many cooperative banks.
- Dispute over jurisdiction:
- Government’s measures:
- The Central Government in December 2022 introduced Bill to amend the Multi-State Co-operative Societies Act, 2002.
- The key features of this Bill are:
- The Central Government will establish the Cooperative Election Authority to conduct the election of board members;
- Provision for amalgamation of UCBs with other multi-State UCBs as decided by general meeting with two-thirds of its members present and voting;
- The Central Government will prepare a scheme and create a fund, to be contributed by profit-making multi-State UCBs, for rehabilitation of sick multi-State UCBs;
- There are restrictions on the redemption of government shareholding; and
- One or more Co-operative Ombudsman with territorial jurisdiction to be appointed by the Central Government for the redress of complaints.
Non-financial cooperatives
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Suggestions & way ahead
- UCBs have more than 8.6 lakh depositors involving over Rs. 5-lakh crore deposits. Rural cooperative banks have a deposit base of over Rs. 6-lakh crore.
- As banking regulations are primarily governed by the protection of depositors’ interests, different principles cannot be applied to commercial banks and cooperative banks.
- Cooperative banks can raise money through public issues and private placements of equity or preference shares with prior RBI permission.
- Amendments do not apply to PACS or cooperative societies lending for long-term requirements of agriculture.
- If cooperative banks want to grow in a competitive environment, they must lift their governance.
- Alternatively, the State governments should concentrate on non-financial cooperatives rather than waste their time and energy on turf wars relating to financial cooperatives.
Source: BL
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