Functions and Duties
The department functions in accordance with the Rules of Executive business of the State of Meghalaya , framed under Clause 2 and 3 of Article 166 of the Constitution of India. The Administrative roles, powers and functions are also guided by the Meghalaya Secretariat Manual of Office procedure, the General Handbook of circulars, the Fundamental Rules, Subsidiary Rules 1984, and other Rules and Regulations adapted/enacted from time to time in the Government and such subordinate Legislations as may be relevant to the functioning of the Department, including the Delegation of Financial Power Rules 1981.
The regulation and control of the cooperative societies are through the Acts and Rules. Registrar of Cooperative Societies is the friend, philosopher, regulator and guide acting under the overall policy and other directions of the state government.
Power of the State Government under the Meghalaya Co-operative Societies Act as Adapted under Sections 44, 51, 118 and 120.
Section 44:
Notwithstanding anything contained in any law for the time being in force, the Government of Meghalaya may grant loans to, take share in, guarantee the principal or the interest or both in respect of debentures issued by or give financial assistance in any other form to, any registered society, which puts forward a satisfactory scheme for the utilization of the funds so raised. The government of Meghalaya may recover from any society out of its net profit in any year all or any part of such financial assistance.
The Government of Meghalaya may recover / recall from any society out of its net profit in any year all or any part of such financial assistance in the event of mis-utilisation" (amended vide The Meghalaya Cooperative Societies, 2015)Section 51:
- The (Government of Meghalaya) may by general or special order in the case of a registered society or class of registered societies remit any tax, cess or fee payable under any law for the time being in force or the rules there under in respect of which they are competent to remit such tax, cess or fee.
- The Government of Meghalaya may, in respect of any registered society or class of registered societies, by notification in the official Gazette, remit –
- the stamp duty other than stamp duties falling within (item 91 or item 96 in list 1 in the Seventh Schedule to the Constitution of India, in respect of any instrument executed by, or on behalf of, or in favour of, a registered society or by an officer or on behalf of a member thereof, and relating to the business of such society or any class of such instruments, co-operating demand certificates or decisions awards or orders of registrar of arbitrators under this Act, in cases where, but for such remission, the registered society, officer or member thereof, as the case may be, would be liable to pay the stamp duty chargeable under any law for the time being in force, in respect of such instrument and
- Any fee payable by a registered society under any law for the time being in force for the registration of documents or of court fee for the time being in-force.
Section 118 :
The Government of Meghalaya may, by general or special order, exempt any registered society, or class of registered societies from any of the provisions of this Act or may direct that such provisions shall apply to such society with such modifications as may be specified in the order.
Section 120 :
Notwithstanding anything contained in this Act the Government of Meghalaya may by special order and subject to such conditions, if any, as it may impose, exempt any society from any of the as to requirements of this Act as to registration.
The following are the Power and Role of :
Registrar of Cooperative Societies : Appointed by the Government of Meghalaya for the Registration, Supervision, assistance, counsel and control of registered Societies including arbitration, Audit, Liquidation, Check misappropriation etc. and for overall development of the Cooperative Movement and Control over all Cooperative education and with such powers and responsibilities as has already been provided in the Cooperative Act and Rules of Meghalaya.
Assistant Registrar of Cooperative Societies: The Assistant Registrar of Cooperative Societies has been delegated to look for the progress and development of Cooperative Societies in the whole District. He is to look after Registration Audit, Supervision, Amendment of Bye-Laws, Arbitration and Liquidation and also to do all other works as allotted to him by Registrar of Cooperative Societies, Meghalaya.
Sub-Registrar of Cooperative Societies: He is to assist the Assistant Registrar of Cooperative Societies, to look and supervise over some Branches such as Audit Branch, Statistical Branch and Arbitration Branch, and to do all the works as allotted by the Assistant Registrar of Cooperative Societies .