Cooperative Movement in India
- 26 Jul 2021
- 16 min read
Cooperatives in India
- Definition:
- The International Cooperative Alliance (ICA) defines a Cooperative as “an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise.”
- Constitutional Provisions:
- The Constitution (97th Amendment) Act, 2011 added a new Part IXB right after Part IXA (Municipals) regarding the cooperatives working in India.
- The word “cooperatives” was added after “unions and associations” in Article 19(1)(c) under Part III of the Constitution.
- This enables all the citizens to form cooperatives by giving it the status of fundamental right of citizens.
- A new Article 43B was added in the Directive Principles of State Policy (Part IV) regarding the “promotion of cooperative societies”.
- The word “cooperatives” was added after “unions and associations” in Article 19(1)(c) under Part III of the Constitution.
- SC Ruling:
- In July, 2021, the Supreme Court struck down certain provisions of the 97th Amendment Act, 2011.
- It gave a major boost for federalism as the amendment shrank the exclusive authority of States over its co-operative societies.
- Part IX B dictates the terms for running co-operative societies.
- As per the SC, Part IX B (Articles 243ZH to 243ZT) has “significantly and substantially impacted” State legislatures’ “exclusive legislative power” over its co-operative sector.
- Also, the provisions in the 97th Amendment were passed by Parliament without getting them ratified by State legislatures as required by the Constitution.
- The SC held that states have exclusive power to legislate on topics reserved exclusively to them (cooperatives are a part of State list).
- The 97th Constitutional Amendment required ratification by at least one-half of the state legislatures as per Article 368(2).
- Since the ratification was not done in the case of the 97th amendment, it was liable to strike it down.
- It upheld the validity of the provisions of Part IX B which are related to Multi State Cooperative Societies (MSCS).
- It said that in case of MSCS with objects not confined to one state, the legislative power would be that of the Union of India.
- In July, 2021, the Supreme Court struck down certain provisions of the 97th Amendment Act, 2011.
- The Constitution (97th Amendment) Act, 2011 added a new Part IXB right after Part IXA (Municipals) regarding the cooperatives working in India.
Genesis of Cooperative Movement in India
- Causes of the Movement: The Cooperative Movement in India was born out of the distress and turmoil that prevailed in the last quarter of the 19th century.
- The Industrial Revolution had given a death blow to village industries and driven people to agriculture, the only avenue of employment and livelihood.
- The consequent sub-division and fragmentation of holdings had made agriculture an uneconomic proposition.
- Other factors such as the rigidity of land revenue collection, uncertainty of rainfall and consequently lesser crop production compelled the farmers to approach the money-lenders.
- The money lenders advanced money either by purchasing the crop at a throwaway price or by charging very high rates of interest.
- All these factors emphasised the need for the provision of cheap credit through an alternative agency.
- Informal Cooperatives in India: Even before formal cooperative structures came into being through the passing of a law, the practice of the concept of cooperation and cooperative activities were prevalent in several parts of India.
- Some of them were named as Devarai or Vanarai, Chit Funds, Kuries, Bhishies, Phads.
- In the Madras Presidency were organised ‘Nidhis’ or Mutual-Loan Associations.
- In the Punjab, a society on cooperative lines was started in 1891 for controlling the common land of the village for the benefit of the co-sharers.
- All these efforts were purely voluntary and strictly non-official.
- The first official step was taken when Sir William Wedderburn made, after the Deccan riots, the proposal for the establishment of agricultural banks as a remedy against rural indebtedness.
- Some of them were named as Devarai or Vanarai, Chit Funds, Kuries, Bhishies, Phads.
Cooperative Movement in Pre-Independence Era
Initial Stage of Cooperative Movement (1904-11)
- First Cooperative Act in India:
- The Indian Famine Commission (1901) induced the government to set up a committee under the presidency of Sir Edward Law to report on the introduction of cooperative societies in India.
- The Committee reported favorably in 1903 and the first Cooperative Credit Societies Act was passed in 1904.
- Salient Features of the Act:
- Any ten persons living in the same village or town or belonging to the same class or tribe could form a cooperative credit society.
- Societies were classified as Rural and Urban depending if the majority of the total membership (80%) was agricultural or non-agricultural.
- Rural society was not permitted to distribute profits, but in the case of urban societies, profits could be distributed after carrying 25% of the net profits to the Reserve Fund.
- Drawbacks of the Act:
- The act provided no legal protection to non-credit societies.
- It also made no provision for mobilising urban savings for financing agricultural operations.
- The classification of societies into urban and rural was found to be arbitrary, unscientific, and highly inconvenient.
- Many provisions of the Act of 1904 became a hindrance to the further spread of the movement.
Modification Stage of Cooperative Movement (1912-1918)
- The Cooperative Societies Act of 1912:
- The defects of the 1904 Act were remedied when the Cooperative Societies Act, 1912 was enacted.
- Salient Features:
- Any society, credit or otherwise, could be registered which had as its objective, the promotion of the economic interest of its members.
- A federal society like the Central Bank or union could be registered.
- No member could have more than 1/5 of the total share capital or hold share exceeding Rs. 1,000 in such a society.
- The societies were granted exemption from compulsory registration and from the payment of income tax and stamp duties.
- Maclagan Committee:
- In 1915, a committee headed by Sir Edward Maclagan, was appointed to study and report whether the cooperative movement was proceeding on economically and financially sound lines.
- The committee observed that illiteracy and ignorance of the masses, misappropriation of funds, rampant nepotism, inordinate delay in granting loans and viewing the cooperative movement as a Government movement were some of the glaring defects of the cooperative movement.
- The committee made the following suggestions:
- All members should be made aware of the cooperative principles.
- Honesty should be the main criterion for taking a loan.
- Dealings should be strictly confined to the members only.
- Applications should be carefully scrutinized before advancing loans and there should be careful follow up for effective utilization of loans.
- One member-one vote should be strictly followed
- These recommendations could not be put into practice because of the First World War.
- In 1915, a committee headed by Sir Edward Maclagan, was appointed to study and report whether the cooperative movement was proceeding on economically and financially sound lines.
Expansion Stage of the Cooperative Movement (1919-29)
- Montague-Chelmsford Reforms:
- Through the Montague- Chelmsford Reforms of 1919, co-operation became a provincial subject which gave further impetus to the movement.
- Various states passed their own Acts to make the Cooperative Movement a successful one.
- The membership of the Cooperative societies increased considerably during this period.
- Economic Depression: The year 1929 witnessed the Great Economic Depression.
- The prices of the agricultural commodities fell down to a remarkable extent.
- Unemployment along with other economic crises grew.
- The agriculturists could not pay back the loans of the societies.
- Over dues increased unexpectedly and cooperative societies were ruined.
Restructuring Stage of Cooperative Societies (1930-1946)
- Appointment of Committees:
- Various committees were appointed in Madras, Bombay, Travancore, Mysore, Gwalior and Punjab for examining the possibilities of restructuring the Cooperative societies.
- In 1937 the Congress Ministry came to power in many states and revived interest in organising the cooperative movement.
- Role of World War II:
- The abnormal conditions created by the Second World War led to far-reaching developments in the Cooperative Movement.
- Prices of agricultural commodities began to rise, rural farmers got extra economic gains and non- credit societies like marketing, production and consumer societies increased rapidly.
- The All India Cooperative Planning Committee in 1945 also gave a fillip to the growth of the Cooperative Movement.
Gandhian Socialist Philosophy regarding Cooperatives
- Cooperation for Socialist Society: Cooperation according to Gandhiji was necessary for creation of a socialistic society and complete decentralization of power.
- He was of the opinion that cooperation was one of the important means to empower people.
- Phoenix Settlement: In South Africa, Mahatma Gandhi instituted the ‘Phoenix Settlement’ as a cooperative in a socialistic pattern.
- Its objective was to cultivate the three acres of land given to each member and to stop the emergence of a new class of absentee landowners.
- Tolstoy Farm: He established the Tolstoy Farm as a rehabilitation cooperative settlement for the families affected by the South African freedom struggle during the period.
- He fully believed in Tolstoy’s socialistic philosophy.
- Cooperatives for Peasantry: On return from South Africa, Gandhiji visited the countryside of India and realized the bankruptcy and distress of Indian peasantry oppressed by excess taxation, rack renting, illegal exaction etc.
- He observed that the closest cooperation amongst the peasants is an absolute necessity.
- Any industry based on agricultural produce such as cotton, sugar, oil seed, wheat etc. should be on a cooperative basis so that the producers could secure the best value for their output.
Cooperative Movement After Independence
- Part of Mixed Economy:
- After independence, the nation adopted the approach of planned economic development for establishment of a mixed economy consisting of three sectors namely Public, Private and Cooperative Sectors.
- Cooperatives were visualized to play the role of a balancing factor between public and private sectors.
- Part of FYPs:
- After independence, cooperatives became an integral part of Five-Year Plans (FYPs).
- Pandit Jawaharlal Nehru considered cooperatives as one of the three pillars of Democracy, the other two being the Panchayat and the Schools.
- National Policy of Cooperatives:
- In 1958, the National Development Council (NDC) had recommended a national policy on cooperatives and also for training of personnel and setting up of Cooperative Marketing Societies.
- The Government of India announced a National Policy on Cooperatives in 2002.
- Establishment of NCDC:
- National Cooperative Development Corporation (NCDC), a statutory corporation, was set up under National Cooperative Development Corporation Act, 1962.
- Committees Set up for Cooperatives:
- The Rural Credit Survey Committee in 1954 recommended state participation in cooperatives at all levels.
- The S.T. Raja Committee was appointed by the Government of India to suggest amendments to the Cooperative Law.
- The committee prepared a Model Act enabling state participation and appointment of Government nominees on the management of assisted Cooperative Societies.
- Successful Cooperatives in India:
- Agriculture and Allied Sectors: National Cooperative Development Corporation (NCDC), National Agricultural Cooperative Marketing Federation of India (NAFED), Indian Farmers Fertilisers Cooperative Limited (IFFCO), AMUL and Co-operative Rural Development Trust (CORDET).
- Banking Sector: Punjab and Maharashtra Cooperative (PMC) Bank, Bharat Cooperative Bank and Saraswat Cooperative Bank.
Issues Faced by the Cooperative Sector
- Excessive Cooperative Legislations: Cooperatives in India function in different sectors. Cooperatives is a State subject under the Constitution of India and State cooperative laws and their implementation vastly differ.
- Irresponsibility and Unaccountability: Serious inadequacies in governance including that related to Boards’ roles and responsibilities.
- The people on the board are not held accountable for many inconveniences.
- Lack of Recognition: A general lack of recognition of cooperatives as economic institutions both amongst the policy makers and public at large.
- Inability to attract and retain competent professionals.
- Lack of Capital Formation: Lack of efforts for capital formation particularly that concern enhancing member equity and member stake.
- Lack of Awareness: People are not well informed about the objectives of the Movement, rules and regulations of co-operative institutions.
Conclusion
- Cooperatives have a futuristic role of fostering collectivism and preserving the social capital base of the country.
- Cooperatives are the best channels to keep the spirit of collectivism and democracy afloat.
- The presence of a large network of social organizations, like cooperatives, would aid in the generation and utilization of social capital and ‘greater the social capital, greater would be the possibility of development’.