सं Samvidhan

The Constitution of India

Article 243ZH

Definitions

In this Part, unless the context otherwise requires,—

(a) "authorised person" means a person referred to as such in article 243ZQ;

(b) "board" means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to;

(c) "co-operative society" means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State;

(d) "multi-State co-operative society" means a society with objects not confined to one State and registered or deemed to be registered under any law for the time being in force relating to such cooperatives;

(e) "Office bearer" means a President, Vice-President, Chairperson, Vice-Chairperson, Secretary or Treasurer, of a co-operative society and includes any other person to be elected by the board of any cooperative society;

(f) "Registrar" means the Central Registrar appointed by the Central Government in relation to the multi-State co-operative societies and the Registrar for co-operative societies appointed by the State Government under the law made by the Legislature of a State in relation to co-operative societies;

(g) "State Act" means any law made by the Legislature of a State;

(h) "State level co-operative society" means a co-operative society having its area of operation extending to the whole of a State and defined as such in any law made by the Legislature of a State.

Why this exists

Part IXB was added to the Constitution by the 97th Amendment (2011) to give co-operative societies constitutional recognition and protect their autonomy and democratic functioning. Since the Part uses specialised terms — board, office bearer, Registrar, multi-State society — this definitions article ensures these words are understood consistently across all provisions, avoiding confusion between State-level and multi-State co-operative structures and between State and Central regulatory authorities.

How courts read it

In Union of India v. Rajendra N. Shah (2021), the Supreme Court examined Part IXB as a whole, including its definitional framework, while holding that Parliament could not unilaterally apply this Part to State-registered co-operative societies without State ratification under Article 368(2), since co-operative societies is a State subject. The Court's reasoning relied on distinguishing 'multi-State co-operative societies' from ordinary State co-operative societies, a distinction rooted directly in this definitions article.

Common misconceptions
  • Myth: A 'multi-State co-operative society' just means any large or famous co-operative society.
    Fact: It specifically means a society whose registered objects extend beyond one State and which is registered under a law covering such multi-State co-operatives — size or fame is irrelevant.
  • Myth: The 'Registrar' is a single fixed official for all of India.
    Fact: There are different Registrars — a Central Registrar for multi-State societies and separate State Registrars for co-operative societies under each State's law.