Co-Operative Department, Himachal Pradesh

 

Introduction Organisational Functions and Duties
Powers and Duties of Officers Co-Operative Movement in HP
HP Societies Registration Act, 2006 HP Societies Registration Rules, 2006
Annual Administrative Report 2006-07

 

 

 

 

INTRODUCTION 

 

The Department of Cooperation was established in 1948 immediately after the formation of Himachal Pradesh. The main objective of the Department was to eliminate exploitation of common man by middleman and money lenders by ensuring credit facilities to farmers at low rate of Interest through Cooperative institutions, focus being to ameliorate socio-economic condition of the people. It also envisaged empowerment of people by coming together for constituting organizations for mutual benefit, build up synergies and derive economic benefits.

 

The first H.P Cooperative Societies Act, was enacted in 1956 and prior to this Cooperative Societies were registered under the Cooperative Societies Registration Act, 1912. With the reorganization of Punjab State in 1966, four more hilly districts namely, Kangra, Kullu, Lahual & Spiti and Shimla were formed. Simultaneously on 1st September, 1972 two more districts viz Hamirpur and Una were created out of Kangra District and Solan also named as a district dropping Mahasu District. Reorganization of the State paved the way to enact H.P. Cooperative Societies Act 1968, because most of the Societies in the new merged area were of unlimited liabilities. As such H.P. Cooperative Societies Rules, 1971 were also framed by the Government for enforcing the provision of Act.

 

 

PARTICULARS OF ITS ORGANIZATION, FUNCTIONS AND DUTIES

 

The statutory duties of, registration of Cooperative Societies, Arbitration, execution, Liquidation, Inspection and Audit under section 3 of the H.P Cooperative Societies Act 1968 are entrusted to the Registrar, Cooperative Societies H.P. or the person authorized by him.

 

At present following subjects are being dealt by Cooperative Department as per Business of the Government of Himachal Pradesh (Allocation) Rules 1971:-

 

1.                  All work relating to Cooperative Societies of all types and at all levels, registered under the Cooperative Societies Act, except administration of section 35, 94, and 100 of the Himachal Pradesh Cooperative Societies Act, 1968 in relation to Himachal Pradesh State Cooperative Milk Producers Federation Ltd; Himachal Pradesh State Cooperative Wool Federation and their constituent Cooperative institutions.

2.                  Urban Cooperative Bank.

3.                  Land Mortgage Bank.

4.                  Grant of loans and subsidies to Societies.

5.                  Investment in share capital of the Societies.

6.                  Crop Loan Schemes.

7.                  Marketing of Agricultural Produce.

8.                  Distribution of fertilizers, seeds and other Agricultural inputs through the Cooperatives.

9.                  Cooperative processing and ware-house activities.

10.              Cooperative Law, Act and Rules.

11.              Audit of Cooperative Institutions.

12.              Consumer Cooperative Stores.

13.              Liquidation, Arbitration and Execution of awards.

14.              Special schemes of medium and long term credits.

15.              Registration of Societies under Societies Registration Act, 1860.

16.              Establishment budget and accounts matters.

 

 

FUNCTIONS OF THE DEPARTMENT

 

The Departmental activities and functions will be increased and changed to a large extent with the passage of time since it has to carry out developmental, Regulatory and creative functions for further strengthening of Cooperative Movement in the State. Brief detail of these functions is as under:-

 

1.                  Developmental functions.

2.                  Regulatory Functions.

 

(1)               Developmental functions:

 

The Developmental functions incorporate the following main tasks to promote the growth of healthy Cooperative Institutions with the objectives:-

 

·      To extend credit facilities

·      To promote marketing facilities to the members to sell their produce at remunerative prices

·     To provide consumer goods, especially essential commodities under P.D.S programme at reasonable prices.

·      To update the skill of the Artisans, Craftsmen and weaker sections of the society engaged in Industrial activities and help them to market their produce.

·    To enable to all persons to come together and gainfully employ themselves in diverse field such as Horticulture, Floriculture, Fisheries, Housing, Wool, Poultry, Labour & Construction, Dairy and Tourism etc.

·       Following incentives are provided by the department to strengthen co-operative movement in the State:-

·        Enrollment subsidy to newly enrolled member of IRD/Scheduled caste/ Scheduled tribe families, equivalent to value of one share is provided to the beneficiaries to encourage them for becoming members of the co-operative societies

·        Managerial subsidy/Intt. Subsidy and working capital subsidy being provided engaged in consumer/marketing under special central assistance for special component plant/Tribal area sub-plan.

·        Interest subsidy to IRDP families is being provided @8% as an incentive for timely clearance of agriculture loans (ST/MT) availed by these families through co-operative societies.

·        Grant-in-aid is being given to the HIMCOFED for imparting co-operative education and training to members, employees etc.

·        A carpet weaving project: support to training and employment programme (STEP) sanctioned by the Department of Women and Child Development, Ministry of Human Resources Development, Govt. of India is being implemented by the H.P. state Handloom and Handicraft weavers co-operative Apex societies ltd. Kullu. The project has been sanctioned in two phases i.e. STEP-I and STEP-II with the total outlay of Rs.2.07 crore and rs.128.66 lacs respectively. The main objective of this programme has been to bring women belonging to SC/ST and weaker section into the main stream of Handicraft projects and enable them to earn income and to raise their economic and social status. Under these projects, the trainees will get free raw material, looms, workshed and stipend @ Rs.225/- per trainee during the training period.

 

(2)            Regulatory Functions

 

Regulatory functions of the Department ensure that Cooperative institutions function as per Cooperative principles by following Act, Rules & guidelines issued:-

·        By Registration of Cooperative Societies

·        By conducting Annual Audit of all Cooperative Societies

·        By Inspecting Cooperatives Societies

·        By conducting the elections of the Cooperative Institutions.

·        By conducting statutory inquiries into specific complaints/act of misdemeanor.

·        By conducting arbitration proceedings in case of disputes.

·        By placing dormant/ defunct Cooperative Societies under liquidation.

·        By registration of charitable organization/ N.G.O’s under Societies Registration Act 1860.

·         By issuing directions from time to time to managing Committees to improve their functioning /working.

 

In addition to above this department is also implementing all the policies, programmes and other important activities of the Government. 

 

 

THE POWERS AND DUTIES OF OFFICERS AND EMPLOYEES

 

(a)                                        Administrative Powers

(b)                                       Statutory Powers

 

(a)        Administrative Powers

 

All the Administrative/ financial powers are excised by the Registrar, Cooperative Societies as Head of the Department and by other officers, specially deployed at zonal, divisional and ARCS circles in the fields as head of offices along with D.D.O. powers, under thew provisions of FR& SR, CCS (Conduct) Rules, 1964, Handbook on personal matters vol. I&II, H.P FR, T.A Rules etc. Brief details of the Administrative Powers of Head of Department are given as under: -

 

(1)                                       Transfer and promotion of Class III and IV employees

(2)                                       Imposing of minor /major penalties under CCS (CCA) Rules, 1965 in respect of Class III and IV employees.

(3)                                       To sanction all kinds of leave.

(4)                                       Final authority to accept/review the ACRs remarks for class III and IV employees.

(5)                                       To issue directions/ instruction to the officers/employees working under his control to bring efficiency in working of the department.

  

(b)      Statutory Powers of Officers under the H.P. Cooperative Societies, Act & Rules.

   

(i)                  Registration of Cooperative Societies under section 7 to 9.

(ii)                Audit of Cooperative Societies under section 61 to 64.

(iii)               Inspection of Cooperative Societies under section 65 and 66.

(iv)              Inquiries under section 67 to 69.

(v)                Settlement of disputes under section 72 to 76.

(vi)              Winding and dissolution of Cooperative Societies under section 78 to 85.

(vii)             Execution of order under section 87.

(viii)           Appeals, Review and revision under section 93 to 95.

(ix)              Election under Rule 37 read with appendix –A.

(x)                Registration of State Level Societies under Societies registration Act, 1860

(xi)              Registration of Sports Associations under H.P Sports Registration, Recognition and Regulation of Associations) Act, 2005.

 

(a)               Administrative matters

 

                        In order to bring about efficiency in administration and to ensure speedy disposal of work, following procedure including channels of supervision and accountability in decision making on the references received from the various quarters i.e. Government and general public is adopted as under: -

 

(i)                  All the references are received in the office and then diarist indicates date of receipt of office dairy number and name of the D.A on the reference.

(ii)                The references are than assigned to the concerned D.As.

(iii)               Dealing Assistants deals it on proper file after recording in the Assistant Register maintained by each D.A.

(iv)              Reference(s) /matter than placed for examination before the branch officers through ministerial level officer/ official.

(v)                Some of the ordinary references, which are off informatory nature and calls for no action, are ordered by branch officers to file such references. There are also some references, which can be disposed off at branch officers level.

(vi)              Rest of the references after proper scrutiny place before the Head of the Department for the final decision.

(vii)             There are certain matters such as amendment in R&P Rules/Act & Rules, appointments/recruitments of daily wagers/part time workers and budgetary provisions are referred to the Government for final decision.

 

 (iii)      In no case references be kept pending beyond the above fixed limit. Any delay in disposal of references after the time limit fixed in office manual is treated as negligence of duty/ lack of devotion to duty and is liable to be proceeded against under CCS (Conduct) Rules

(iv)       The matter relating to the policy, Rules and regulations are put up to the higher level.

(v)        It the duty of the Branch officer concerned keep chasing/following up important matter under correspondence with other Departments/ subordinate offices and Government.

(vi)       Each Branch Officer identify the priority areas or thrust area pertaining to his subjects. Such issues are vigorously followed till the conclusive stage is reached.

(vii)      Officers/Officials while attending the B.O.Ds meeting of Cooperative Institutions watch the overall interest of the organization and also keep in view the Government policy and provisions of the Act & Rules. Important matters cropping up in such meetings and other inter Departmental meeting are brought to the notice of Head of the Department.

                       

Legal Matters

 

Legal references are directly dealt in the legal cell and legal Assistant after scrutinizing the case submit the same before the Head of Department through concerned Branch officer.

 

B.                 Statutory Matters.

Procedure followed and norms on limit fixed for disposal of statutory matter is given below:-

 

(i)                 Registration of Societies:-

Application is to be signed by not less than ten persons being members of different families and where all the applicants are not individuals, the number of such applicants shall not be less than five as per section 7(1)(6). Registrar will have to decide the matter within 90 days as per section 8(2).

 

(ii)               Audit of Societies:-

Annual Audit is to be conducted of every cooperative Society and report is to be submitted with in ten days from the completion of Audit as per section 63

(iii)       Inspections of Societies

                        Any Cooperative Society can be inspected by the officer or Inspector of the Department at any time and result of such inspection is to be communicated with a period of one month from the date of completion of such inspection.

 

(iv)       Settlement of dispute

                        Two months notice is mandatory before instituting any suit against a Cooperative Society or its officers as per section 76 and dispute is to be decided within a period of four months unless period is extended by the Registrar as provided in 91(2).

 

(v)        Winding-up of Societies

                        Liquidation proceedings shall be closed within the period of five years from the date on which the order of winding up takes effect unless the period is extended by the Registrar as provided in Rule-117.

 

 (vi)             Appeal, Review and Revision

Appeal can be filed within sixty days from the date of decision or as provided in section 93(2) and review/revision can be filed within 90 days from the date of the communication of the order sought to be reviewed or revised as provided in section-94(2).

V         The Rules, regulations, instructions, manuals and records held by it or under the control or used by its employees for discharging its functions.  

(i)            H.P Cooperative Societies, Act 1968.

(ii)          H.P. Cooperative Societies Rules, 1971.

(iii)         Societies Registration Act 1860.

(iv)        H.P. Sports Act, 2005.

(v)          Manual containing directions and instructions.

(vi)        Audit/ Inspection reports of various Cooperative Institutions.

(vii)       Office manual.

(viii)     Registration certificates and the bye-laws of Cooperative Institutions.

(ix)        CCS leave Rules 1972.

(x)          CCS and CCA Rules.

(xi)        Himachal Pradesh FR & SR Rules.

(xii)       GPF Rules/Pension Rules

(xiii)     Medical advance Rules

(xiv)     Leave Travel Concession Rules

(xv)      HBA advance Rules

 

VI&VII          A Statement of Categories of Documents that are held by it or under its control. The Particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to formulation of its policy or implementation thereof;    

1.               Annual Administrative Report of the department.

2.               Booklets on allocation of budget under departmental demand No.21 and Tribal Demand No.31.

3.              Arbitration proceedings, award/ decrees/ surcharge proceedings.

4.              Compliance reports of Audit/ Inspection of Cooperative Institutions.

5.              Revenue receipts in respect recovery of Audit fee, Registration fee and copying fee etc.

 (i)        H.P. State Cooperative Council

                       H.P. State Cooperative council being advisory body suggest to the Government various steps for formulation and implementation of policies in order to strengthen Cooperative movement in the State.

 (ii)        HIMCOFED

                        For the promotion of Cooperative Education and training HIMCOFED has been entrusted this work whereby through two training centers one at Garli  (Kangra) and Mashobra (Shimla), diploma courses in cooperation for the personnels of Cooperative Department (Inspectors) and managing committees members/ Executives and members of Cooperatives Institutions are awarded, besides workshops/seminars are also organized in various districts as to ensure effective functioning of Cooperative Movement and aware general public about the socio-economic aspect of the Cooperative Movement.

 (iii)       Help Line

                        General public visiting the office for redressal of their grievances, consultation and to receive information etc. are listened and provided positive guidelines by the Help line cell.

Apex level Co-operative societies in the State

1.           H.P. State Co-operative Bank Ltd. The Mall Shimla

2.           H.P. State Co-operative Marketing & Consumer’s Federation (HIMFED), Near Victory Tunnel Shimla-3

3.           H.P. State Co-operative Agriculture & Rural Development Bank Ltd. Kasumpti, Shimla

4.           H.P. State Housing Co-operative Federation (Housefed) Kasumpti, Shimla-9

5.           H.P. state Co-operative Milk Producers Federation (MILKFED) Totu Shimla-12

6.           H.P., Fruit Growers Marketing & processing society  (Himprocess) Shimla-1

7.           Kangra Central Co-operative Bank Ltd. Dharamshala

8.           Jogindra Central Co-operative Bank Ltd. Solan

9.           H.P. State Co-operative Wool Federation Ltd. Kasumpti Shimla-9

10.       H.P. State Handloom Weavers Apex Co-operative Societies Kullu,

11.       H.P. State Co-operative Development Federation Ltd. Sehkar Bhawan, Shimla-4

 

 

 

STATUS OF CO-OPERATIVE MOVEMENT IN HIMACHAL PRADESH

 

Co-operative movement has been aptly defined as a movement rather a mere programme. It envisages, economic growth coupled with social justice. It is also important factor in building up an egalitarian and non-exploitive economic and social order. Himachal Pradesh is the first State in the Indian Union to pioneer the Co-operative movement as first Co-operative institution at Panjawar, District Una, H.P was registered in 1892. Predominantly Himachal Pradesh is land of agriculture and horticulture and its economy is based on agriculture/horticulture, forests, hydel and tourism power projects. Co-operative movement has 100% coverage village & family wise all over the State.

                        Presently there are 4332 different types of Co-operative institutions functioning in the State (excluding societies under liquidation and school stores), following is the comparative statement which indicates the growth of the movement in the State

Particulars

2002-03

2003-04

2004-05

1.         Total No. of societies

4279

4283

4332

2.         Membership

12.56

12.82

13.20

3.         Share Capital

137.09 cr.

151.12

156.09

4.         Deposits

4052.70 cr.

4578.92

5066.33

5.         Working Capital

5752.71

6586.51

7294.29

6.         Marketing of Agriculture produce

33.81 cr.

44.71

39.72

7.         Agriculture inputs

47.12 cr.

55.60

182.72

8.         Consumer business

198.59 cr.

204.15

274.25

9.         Advancement of loan

262.37 cr.

4535.16

4199.57

10.     Recovery of loan

207.50

369.01

329.35

11.     Coverage/arrear brought under Co-operative networking

100%

100%

100%

                        In addition to fulfilling and achieving the main objective of socio-economic upliftment of the rural populace, these Co-operative societies through their vast network of 2730 fair price shops and 2312 fertilizer distribution outlets are also implementing different programmes of the State Govt. like, PDS, fertilizer distribution, Mid-day meal scheme, Food for work programme etc.

                        To assist these societies in efficient delivery of services amongst the rural population of our villages, the State Govt. is providing financial assistance in the shape of capital and small doses of subsidy under the State Annual Plan i.e Normal Plan, Tribal sub-Plan and Special Component Plan. For the financial year 2005-06 a provision of Rs.67.90 lac under State Sector Schemes and Rs.55.53 lac under Special Central Assistance has been kept. In addition, with a aim to  strengthen the functioning of the Co-operative societies, integrated Co-operative Development Projects (ICDPs) under National Co-operative Development Corporation schemes are being implemented in the district of Mandi and Una with a block cost of Rs.893.20 lac and Rs. 796.00 lac respectively.

                        With a view to provide the necessary impetus to Co-operative movement in the State the department has taken the following initiatives:-

1.               Integrated Co-operative Development Projects under NCDC sponsored schemes have been launched for he Tribal District of Lahaul & Spiti and Kinnaur with outlays of Rs.414.15 lac and Rs.433.41 lac respectively.

2.               To rehabilitate and revamp the sick Co-operative Tea factories, the H.P. Govt. in association with Tea Board of H.P. has recommended to lease out these factories. This has improved the working of factories since planters are getting better and timely payment for Green Tea Leaves and rejuvenating the tea gardens etc.

3.               To encourage the un-employed educated youth, the people are being encouraged to organise tourism Co-operative as the State has a tremendous scope in this sector. Till date 8 Tourism Co-operatives have already been registered in the State.

4.               To provide self-employment opportunities to the women, a Carpet Weaving Project, support to Training and Employment Programme (STEP) is being implemented by the H.P. State Handloom and Handicraft weavers Co-operative Apex Society Ltd. Kullu. The programme with a block cost of Rs.1.29 crore, already 1500 women will be imparted training.

5.               The State Govt. has also decided to give priority for Co-operative societies of the State in the allotment of Micro-Hydel power Projects upto a capacity of 2 MW. This will help the un-employed engineers/youths to come together and organise Hydel power generation Co-operative and create income generating avenues for them.