The Multi-State Co-operative Societies Act, 2002

Administered Ministry: Ministry of Cooperation

Act details

Short titleThe Multi-State Co-operative Societies Act, 2002
Long titleAn Act to consolidate and amend the law relating to co-operative societies, with objects not confined to one State and serving the interests of members in more than one State, to facilitate the voluntary formation and democratic functioning of co-operative s as peoples institutions based on self-help and mutual aid and to enable them to promote their economic and social betterment and to provide functional autonomy and for matters connected therewith or incidental thereto.
Act number39 of 2002
Act year2002
Enactment date3 Jul 2002
MinistryMinistry of Cooperation
JurisdictionCentral (Parliament of India)
Sections148
Schedules2
StatusNot repealed
Last checked on India Code29 Oct 2026
SourceIndia Code, Government of India

Summary

Summary of the Multi-State Co-operative Societies Act, 2002
1. Financial Governance & Protections
• Provision for Provident Fund: Mandatory for employee benefit, funded by employee and society contributions as per bye-laws, ensuring financial security.
• Protection of Provident Fund Assets:
• Exclusion from Society Assets: Separate from the society's business assets.
• Immunity from Legal Processes: Protected against attachment, court processes, or other authorities.
2. Governance & Compliance
• Registration & Bye-Laws Alignment: Societies must register with the Central Registrar, adhering to specified bye-laws.
• Penalties for Non-Compliance:
• Destruction/Falsification of Documents: Imprisonment (1 month to 1 year) and/or fine (₹5,000 to ₹1 lakh).
• Unlawful Investments or Losses: Similar penalties apply for violations of section 64 or causing unlawful losses.
• Personal Gains by Directors/Officers: Penalties include imprisonment and recovery of unlawful gains.
3. Judicial & Procedural Aspects
• Cognizance of Offences: Only Metropolitan Magistrates or Judicial Magistrates of the first class can try offences under this Act.
• Prosecution Procedure: Requires a written complaint from a society member or the Central Registrar.
• Supremacy of Act: Provisions are additional to, not in derogation of, other laws.

Legislative history

Legislative History:

The Multi-State Co-operative Societies Act, 2002

Act Title The Multi-State Co-operative Societies Act, 2002

Act Number 39 of 2002

Act ID (India Code) 200239

Presidential Assent Date July 3, 2002

Enforcement Date August 19, 2002

Nodal Ministry Ministry of Cooperation

Precedent & Historical Context

1. Evolution of Multi-State Co-operative Laws:

o Multi-Unit Cooperative Societies Act, 1942: The earliest Central enactment to regulate co-operative societies operating across more than one province.

o Multi-State Co-operative Societies Act, 1984: Replaced the 1942 Act to modernize multi-state co-operative structures. However, it contained excessive executive control and bureaucracy, limiting operational autonomy.

2. Choudhary Brahm Perkash Committee Recommendations (1991):

o The Planning Commission appointed an Expert Committee under Choudhary Brahm Perkash to draft a Model Co-operatives Act.

o The Committee recommended removing government interference, autonomous management, democratic functioning, and self-reliance for co-operative societies, forming the basis for replacing the 1984 Act.

Parliamentary Trajectory & Enactment

• November 20, 2000: The Multi-State Co-operative Societies Bill, 2000 was introduced in the Lok Sabha.

• November 2000 – August 2001: Referred to the Department-Related Parliamentary Standing Committee on Agriculture for detailed examination and stakeholder consultations.

• Enactment: Received Presidential Assent on July 3, 2002.

• Enforcement: Enforced on August 19, 2002.

Source: Official Records of Parliament, India Code, and Ministry of Cooperation.