Professional Documents
Culture Documents
LEGAL PROVISIONS
Co-operative Societies as form of organization doing the business is assuming a growing
importance, next to corporate sector on the Indian economic scene. Co-operative Society is a
collective effort of large number of people, operating in various fields of activities such as Cooperative Sugar Factories, Spinning and Weaving Mills, Co-operative Credit Societies, Urban
Cooperative Banks, Consumers Co-operative Societies, Industrial Cooperative Societies,
Housing Societies and so on. Maharashtra is considered as a most progressive state in the
development of Co-operative Societies. The Accounting Procedures and Final Accounts Formats
differ from State to State as each State in India has its own Co-operative Act. Let us study the
main provisions of the Maharashtra Cooperative Societies (MCS) Act, 1960 and the Maharashtra
State Co-operative Societies Rules, 1961.
DEFINATIONS UNDER MCS ACT
1. Co-operative Society : Under Section 2(27) of the Act, Society means a Cooperative
Society registered or deemed to be registered under this Act which is an autonomous
association of persons, united voluntarily to meet their common needs and aspirations
through a jointly owned and democractically controlled enterprise and adhering to the cooperative principles and values (as amended vide Amendment Act, 2013). Co-operative
Society is corporate body distinct from its members. Section 167 of Co-operative
Societies Act state that provisions of Companies Act are not applicable to Co-operatives.
2. Working Capital : Under Section 2(31) of the Act, Working Capital means funds at the
disposal of society inclusive of paid up share capital, funds built up out of profits and
money raised by borrowing and other means, the definition of the term is different as
generally working capital means Net Current Assets represented by current assets less
Current liabilities. The audit fees of certain types of societies such as Urban Co-operative
Banks, Salary Earners Credit Societies are related to the amount of the working capital.
3. Auditor : Rules No. 69 of Co-operative Societies Rules states that the audit of Cooperative Societies shall be conducted either by departmental auditor or certified auditors.
The term certified auditors includes the following:
raised.
Objects of society
Maximum amount of share capital that may held by a member
Terms and qualifications for admission of membership
Rights, duties and liabilities of members
Maximum loan admissible to a member
Disposal of net profit
Rules no.8 of Maharashtra State Co-operative Societies Rules, 1961 give the various
details of the items in the bye-laws of the society. Any amendments, changes or deletion
in bye-laws shall have to be approved by a resolution at special general meeting and also
a written approval from the District Deputy Registrar is necessary. The first bye-laws of
the society are required to be approved by the Registrar, as per Rule No.9.
5. Co-operative Year : The Act [S. 10(a)(iii)] has fixed 31 st day of March as the day of
balancing the accounts of the society. However, any other day can be fixed by the society
for this purpose with the prior approval of the registrar. It means that the co-operative
year need not necessarily be from 1st April to 31st March. Normally, now-a-days societies
follow 31 March as the year ending to conform with the Income-tax Act.
6. Member : Under Section 2(19) as amended vide Amendment Act, 2013, a member of a
Co-operative Society, which is subsequently registered, or a person duly admitted to a
(3) Financial decisions are taken in such a manner that funds and properties of the society are
properly safeguarded.
For the purpose of proper functioning and to achieve an effective division of labour, different
sub-committees are formed, such as Purchases Committee, Sales Committee, Price Fixation
Committee, Loan Committee and Stock Valuation Committee etc.
The administrative functions of managing committee includes the following:
(1) Proper custody and maintenance of movable and immovable property belonging to the
society.
(2) Proper maintenance of accounts relating to financial transactions of the society.
(3) To summon all the meetings including Annual General Meeting and record the
proceedings in respective books.
(4) To keep all the necessary registers and records required by the Act and Rules and byelaws.
Under Rule No. 58 of M.S. Co-operative Societies Rules, a member is disqualified to be a
member of the Managing Committee if :
(1) He is in default to the society in respect of any dues from him, either as a borrower or as
a surety, for such period as specified by the bye-laws.
(2) He has been held responsible under Section 79 or Section 88 or has been held responsible
for payment of costs of enquiry under Section 85
(3) A member carrying on business of the kind carried on by the society.
ACCOUNTING AND FINANCES
Books of Accounts and Records
According to Section 79(1) of M.S.C.S. Act, (as amended wide Amendment Act, 2013) the
Registrar may direct any society to keep proper books of accounts in such form, including
electronic or any other form as may be prescribed, in relation to :
(1) All sums of money received and expended by the society and the matters in respect of
which receipts and expenditure take place.
(2) All sales and purchases of goods by the society, and of the stock in hand and its
valuation.
S. 79(1B), inserted by the Amendment Act, 2013 states that- Every society shall also file a return
regarding the name of the auditor or auditing firm from a panel approved by a State Government
in this behalf, appointed in the general body meeting together with his written consent, within a
period of one month from the date of annual general body meeting.
Financial Statements
According to Rule No. 61 of M.S.C.S. Rules, the society will have to prepare, within 45 days of
the close of accounting year, the following financial statements.
(1) Receipts and Payments accounts during the previous year cooperative accounting year
ending 31st March.
(2) The Profit & Loss Account for the year (or Income and Expenditure A/c).
(3) The Balance Sheet as on that date of accounting year i.e. 31st March.
Rules No. 62, of M.S.C.S. Rules deals with the prescribed form of Balance Sheet and Profit &
Loss Account (Form N). The financial statements duly prepared in this form are to be laid
down before the Annual General Meeting, which is to be held within three months from the end
of accounting year. The registrar may permit a particular society to prepare their financial
statements in some other form as per the provision of this Rule.
Ascertainment & Appropriation of Profits
1. Section 65(1) of the Act, states that a society shall construct its relevant annual financial
statement and arrive at its consequent net profit or loss in the manner prescribed. A Cooperative Society engaged in a business of Manufacturing, Trading or Banking should
adopt mercantile system of accounting to arrive at true and fair profits. The law does not
mention anything about the method of accounting.
2. Section 65(2) states that a society may appropriate its Net Profit to the reserve fund or
any other fund for payment of dividend to members on their shares. No parts of the
profits shall be appropriated except with the approval of the General Body.
3. Section 64 of the Act states that no part of the funds other than the dividend equalization
or Bonus equalization shall be paid by way to bonus or dividend to its members.
[Note : Provision of S. 68 regarding contribution towards Education Fund have been removed
vide Amendment Act, 2013.]
Raising of Funds
The funds of the society may be raised in one or more of the following ways :
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
By entrance fees,
By issue of shares,
By loans and subsidies,
By deposits,
By voluntary donations, (but not from Transferror and Transferee),
By contributions towards cost of building or buildings,
By fee on transfer of shares, along with the occupancy right,
By premium on transfer of occupancy right over the fiats
By and for Election Fund,
By any other mode permitted under these bye-laws.
Reserve Fund
Section 66(1) and (2) state that every Society deriving profits, shall transfer 25% of the profit to
the Reserve Fund. According to the provision of the Section, the registrar may fix the
contribution not less than 10% in some cases of any society having regards to its financial
position. The section states that this fund subject to the Rules made in this behalf be used in the
business or may be invested as per the provision of Section 70. Rule No. 54 deals with the
utilization and investment of Reserve Fund. The rule gives modes of investment in addition to
those prescribed in Section 70. According to the rule, if the societys fund is equal to or more
than its paid up capital, the society can utilize the excess amount in the business, with the
approval of Registrar. Interest received on investment of Reserve Fund shall be capitalized
(added to the Reserve Fund) as per standard accounting conventions.
Thus, the Reserve Fund of the society shall comprise of
(a) The amounts carried to the said fund, from year to year, out of the net profit of that year,
subject to the provisions of Section 66(1) and (2) of the Act,
(b) All entrance fees received by the society from its members,
(c) All transfer fees received by the society from its members on transfers of their interest in
the capital or property of the society,
(d) All premium received by the society from its members on transfers of their interest in the
capital or property of the society,
(e) All donations received by the society, except those received by it for the specific purpose.
(1) In a District Central or State Co-operative Bank having been awarded at least A Audit
Class in the last 3 consecutive years.
(2) In any of the Securities specified in Section 20 of Indian Trust Act, 1982.
(3) In shares, Securities, Bonds or Debentures of any other society with limited liability.
(4) In any other mode permitted by the rules, or by general or special order in that behalf by
the Government.
According to Rule No. 56 the following additional modes of investments are prescribed:
(1)
(2)
(3)
(4)
Restrictions on Borrowings
(1) According to Rule No. 35 of M.S.C.S. Rules, no society can incur a borrowing liability
exceeding tem times the total amount of paid up capital, accumulated reserve fund, and
building fund minus accumulated losses. Borrowings in excess of this limit require the
previous sanction from Registrar.
(2) Liabilities incurred by way of borrowings and deposits in excess of this limit shall not be
utilized in the business of the society, but shall be invested in Government securities or be
deposited with the Central/State Co-operative Banks.
(3) Section 43 of the Act states that a society shall receive deposits and loans from members
and other persons, only to such an extent, and under such conditions as may be prescribed
or specified by the bye-laws of society. The Registrar may impose some conditions if
considered necessary.
(4) According to Rule No. 43 of M.S.C.S. Rules every member applying for a loan from
society shall be required to hold proportionate share as may be required by the bye-laws
of the society.
(5) A society whose objects do not include grant of loan or financial assistance to its
members shall not grant loans to its members without the sanction from the Registrar.
(Rule No. 44(1)
(6) According to Rule No. 44(2) a Consumer Society may sell goods on credit to its members
and other customers up to the deposit accepted from its members.
(7) In case of loans given by the society to the depositors on the security of his fixed deposit
with the Society, the amount of loan shall not exceed 90% of the deposit amount, and the
period for such loan shall not exceed the date of maturity of deposit.
Writing off of Bad Debts and Losses.
According to Rule No. 49 no bad debts or losses shall be written off without the sanction of
General Body. All debts which are found irrecoverable and are certified as Bad Debts, by the
auditor appointed U/S 81, shall be written off, first against bad debt fund, and the balance if any,
may be written off against the Reserve Fund and the Share Capital of the Society. An Approval
from Registrar is necessary before writing off the Bad Debts.
Security From Employees
Rule No. 107-B deals with the securities to be taken from the officers and employees of the
society who are required to handle cash, securities and property belongings to the society. The
amount of security shall be different on the baiss of paid up share capital of the Society being
either less than Rs. 1.50 lacs or more than Rs. 1.50 lacs. It shall be partly in cash and partly in the
form of personal security of Fidelity Guarantee Policy.
Maximum Cash Balance
Rule No. 107-C prescribed the maximum amount of cash allowable to be kept by different kinds
of societies. Some of the limits prescribed by the Rule are as follows:
Type of Society
Sugar Factories
Consumer Societies
Dairy Societies
Industrial Estates
Salary Earners Societies
Housing Societies
Payment By Cheque
Rule No. 107-D prescribes that all payments made by the Society exceeding the notified sum
shall be made by cheques, except the loan sanctioned to members
(2) Central Wholesale Stores: Central Wholesale Stores deal with wholesale business. They
are normally located at District places and fulfil the needs of primary societies at the
district/village levels. These also have their own retail stores, branches and departments.
(3) Departmental Stores: In metropolitan cities super markets or departmental stores (e.g.
Apna Bazar) are set up which stock all requirements of consumers under one roof for the
convenience of consumers. These societies receive substantial amounts by way of share
capital, contributions, loans, and special financial assistance for procuring suitable
premises, installations, interior decoration and also for buying furniture and fitting.
SPECIAL FEATUES OF ACCOUNTING
(1) Type of Society: The accounting system for all three categories of these societies will
have to be different as per its size, volume and requirements. In primary societies
manager himself may write the accounts, whereas in departmental stores adequate staff is
employed for the purpose. Separate record for controlled items is required by supply
department.
(2) Sales: Sales are mostly for cash. Credit sales are made either against deposits maintained
or advances collected from members and others or against employers assurance to
deduct dues from wages payable to its employees.
(3) Cash Memo/Bills: Cash memos and bills with all details are issued for cash/credit sales
respectively.
(4) Sales to Members: Sales made to members are recorded in pass books given to them.
(5) Selling Prices: Selling prices are fixed so as to cover all expenses as a fair margin of
profits but no unfair advantage can be taken of fluctuations in the market and no attempt
at profiteering or raising prices, be made, though done by other dealers. No cornering or
overstocking be adopted. Holding the price time and equitable distribution of
commodities in short supply are the main objectives of the consumers movement in India,
only a small margin just enough to meet the overheads and is reasonable may be added.
(6) Bonus to Customers: Regular customers are given a share in the profits of the society by
way of bonus or rebate in proportion to the purchases made by them from the society.
body for approval. In case an examination problem indicates any proposed appropriations, a
Memorandum P&L Appropriation A/c should be prepared showing such proposed
appropriations. But such proposed appropriations should not be adjusted in the Balance Sheet.]
EXHIBIT 1: FORMAT OF PROFIT AND LOSS A/C (N TYOE)
Last
This
Last
Years
Years
Years
Years
Figure
Figure
Figures
Figure
nP
--
----
---
--------
Expenditure
Rs.
1. Interest
(a) Paid Rs.
(b) Payable Rs.
2. Bank Charges
nP
--
Rs. Rs. nP
--
--
--
--
--
--
---
--------
Income
--
This
s
1. Interest Received:
(a) On Loans and
Advances
(b) On Investments
2. Dividend Received on
shares
3. Commission
4. Miscellaneous Income:
(a) Share Transfer Fees
(b) Rent
(c) Rebate in Interest
(d) Sale of Forms
(e) Other Items
5. Land Income and
Expenditures Accounts
nP
--
---
--
Rs.
-----
--
---
--
Note: In the case of marketing societies, consumers societies and similar other societies which
have undertaken trading activities, the Profit and Loss Account shall be divided into two parts
showing separately the trading account and the Profit and Loss Account. In case of producers
societies, processing societies/ forest labourers societies and offer societies which have
undertaken production activities, the manufacturing account shall also be prepared in addition.
EXHIBIT 2 : BALANCE SHEET (N TYPE) [SEE RULE 62(1)]
Figures
for
Liabilities
the
Figures Figures
for the for
Previou
Curren
t Year s
Year
(Rs.)
--
---
(Rs.)
I. Share Capital
-Authorised :
Shares of Rseach
Subscribed :
(Distinguishing
between the various
classes of particulars
specified below, in
respect of each class)
Shares of ..each
Less: Calls in arrears
Add : Calls in
advances
I-A. Subscription
-towards Shares
II. Reserve Funds and
-Other Funds
a. Statutory
Reserve
Funds
b. Building Funds
Assets
the
for the
Previou
--
Curren
Year
(Rs.)
--
Figures
t Year
I. Cash and Bank
Balance
a. Cash in Hand
b. Cash in Banks
(i) Current Account
(ii) Savings Banks
Account
(iii) Call Deposits on
Banks
II. Investments
a. Government Securities
b. Other
Trustee
Securities
(Rs.)
--
c. Special Development
Fund
d. Bad and
c. Non-Trustee Securities
d. Shares of Other Co-
Doubtful
operative Societies
e. Shares, Debentures or
Debts Reserve
e. Investment
bonds of companies
Depreciation Fund
f. Dividend
Equalisation Fund
g. Bonus Equalisation
Fund
h. Reserve for Overdue
--
--
Interest
i. Other Funds
III. Staff Provident
Fund
--
--
--
Cash
Banks
c. Loans
credits
from
from
Government
d. Other Secured Loans
--
--
V. Unsecured Loans
a. Loans, Cash credits
and Overdrafts from
Central Bank
b. From Government
c. From Others
d. Bills Payable
VI. Deposits
a. Fixed Deposits
b. Recurring Deposits
--
--
--
--
c. Thrift
d.
e.
f.
g.
Saving
Deposits
Current Deposits
Deposits at Call
Other Deposits
Credit balance
Cash
--
or
credit
3. Stock-in-Trade
4. Works-in-Progress
in
and
Overdraft Accounts
VII. Current Liabilities
and Provisions
a. Sundry Creditors
b. Outstanding
--
--
Creditors:
(i)For Purchases
(ii)For
Expenses
including salaries of
staff, rent, taxes etc.
c. Advances, recoveries
be
given,
viz.
unexpired
subscriptions,
premiums,
--
commission, etc.
VIII. Unpaid Dividends
--
--
VIII. Miscellaneous
Expenses and
Losses
1. Goodwill
2. Preliminary Expenses
3. Expenses
connected
with the issue of shares
and
debentures
including underwriting
charges,
brokerage,
etc.
4. Deferred
Revenue
--
--
--
Expenditure
IX. Other Items
a. Prepaid Expenses
b. Interest accrued but not
due
c. Other Items (to be
--
--
--
--
--
specified)
X. Profit & Loss Account
Accumulated losses not
written off from the
reserve or any other
fund
XI. Current Losses
Balances.
II. The nature or each investment and the mode
of valuation (cost of market value) should be
mentioned if, the book value of a security is
less than the market value, a remark to that
effect should be made against each item.
separately.
III. Staff Provident Funds and any other
insurance or Bonus Funds maintained for
separately
VII. --