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Article 243ZH: Definitions (Co-operative Societies)

Constitution of India

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243ZH

Definitions (Co-operative Societies)

Union Territories & Panchayats

📜 Official Text

Defines: "authorised person", "board" (a co-operative society's board of directors/governing body), "co-operative society" (registered under state co-operative law), "multi-State co-operative society" (registered under a law covering co-operatives operating across more than one state), "Office bearer", "Registrar" (Central Registrar for multi-State societies, State Registrar for others), "State Act", and "State level co-operative society".

💡 In Simple Words

This sets out the vocabulary for a Part added by the 97th Constitutional Amendment (2011) to give co-operative societies (credit unions, milk co-operatives, housing societies, etc.) constitutional protections around democratic governance and autonomy. IMPORTANT: the Supreme Court struck down this entire Part in 2021 (Union of India v. Rajendra N. Shah) as it applies to ordinary STATE-registered co-operative societies, because the 97th Amendment needed - but never obtained - ratification by at least half the state legislatures, since co-operative societies is a subject reserved for the states. This Part remains legally valid and operative ONLY for "multi-State co-operative societies" (Article 243ZR) - meaning for the large majority of co-operatives citizens actually interact with (a local dairy co-operative, a housing society, a primary credit society), the substantive protections described in this Part are not currently in force; those remain governed by ordinary state co-operative society laws instead.

🧭 Real-World Example

A large multi-state credit or dairy co-operative operating across several states would still be bound by this Part's governance rules (like the 21-director board cap and mandatory audits) - but a small, single-state village dairy co-operative would not be, since the Supreme Court struck this Part down for state-level societies.

#co-operative societies#struck down#97th Amendment

← 243ZGBar to interference by courts in electoral matters (Municipalities)243ZI →Incorporation of co-operative societies