What is Article 243ZQ of Indian Constitution – Defination & Meaning

Article 243ZQ: Offences and penalties (1) The Legislature of a State may, by law, make provisions for the offences relating to the co-operative societies and
📅 Part IXB – The Co-operative Societies
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📚 UPSC Relevant

Article Number

243ZQ

part

Part IXB – The Co-operative Societies

Status

Active

Bare Acts Text

Article 243ZQ: Offences and penalties

  • (1) The Legislature of a State may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences.
  • (2) A law made by the Legislature of a State under clause (1) shall include the commission of the following act or omission as offences, namely:-
    • (a) a co-operative society or an officer or member thereof wilfully makes a false return or furnishes false information, or any person wilfully not furnishes any information required from him by a person authorised in this behalf under the provisions of the State Act;
    • (b) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the State Act;
    • (c) any employer who, without sufficient cause, fails to pay to a co-operative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made;
    • (d) any officer or custodian who wilfully fails to handover custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person; and
    • (e) whoever, before, during or after the election of members of the board or office bearers, adopts any corrupt practice.
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Full Definition & Explanation

Article 243ZQ of the Indian Constitution empowers the State Legislature to create laws concerning co-operative societies. This article specifically addresses the offences related to these societies and outlines the penalties for such infractions. It affects various stakeholders, including co-operative societies, their officers, and members. For instance, if a co-operative society provides false information or fails to comply with legal requisitions, they can face penalties. This helps maintain transparency and accountability within these societies. The article also defines specific acts that are considered offences. These include knowingly providing false information, disobeying lawful orders, or failing to remit dues owed to a co-operative society. Additionally, it addresses corrupt practices during elections for board members of co-operative societies. Such provisions are key for ensuring that co-operative societies operate fairly and in accordance with the law. The penalties act as a deterrent against misconduct, thus fostering trust among members and the public. Real-world impacts of Article 243ZQ can be seen in the functioning of co-operative societies across India. When laws are enforced, they help create a level playing field. This, in turn, encourages members to participate actively and responsibly in their societies. It also aids in protecting the interests of members and promotes the overall health of the co-operative sector. Therefore, Article 243ZQ plays a major role in regulating co-operative societies and ensuring their integrity in the economic landscape.

Historical Context

This article specifically addresses the offences related to these societies and outlines the penalties for such infractions. It affects various stakeholders, including co-operative societies, their officers, and members. For instance, if a co-operative society provides false information or fails to comply with legal requisitions, they can face penalties. This helps maintain transparency and accountability within these societies. Article 243ZQ of the Indian Constitution empowers the State Legislature to create laws concerning co-operative societies. The article also defines specific acts that are considered offences. These include knowingly providing false information, disobeying lawful orders, or failing to remit dues owed to a co-operative society.

Key Features

– The State Legislature can define offences related to co-operative societies.
– False information by co-operative societies is punishable under this article.
– Failure to comply with lawful orders is considered an offence.
– Employers must remit deducted amounts to co-operative societies in time.
– Corrupt practices during elections to co-operative boards are penalized.

Importance & Impact

– This article helps maintain accountability in co-operative societies
– It protects the rights of members in these societies effectively.
– Clear penalties deter misconduct within co-operative organizations
– Promotes transparency and trust in the functioning of co-operatives
– Encourages responsible participation from members in co-operative affairs

Sample UPSC Question

Consider the following statements regarding Article 243ZQ of the Indian Constitution: 1. It empowers the State Legislature to create laws for co-operative societies. 2. It does not cover penalties for disobeying lawful orders. 3. Corrupt practices during elections for co-operative societies are punishable. Which of the statements are correct? A) 1 and 2 only B) 1 and 3 only C) 2 and 3 only D) 1, 2, and 3

Answer

The correct answer is B) 1 and 3 only. Article 243ZQ allows the State Legislature to create laws regarding co-operative societies and outlines penalties for corrupt practices. However, it does encompass penalties for disobeying lawful orders, which makes statement 2 incorrect.

Key Takeaways

✓ Article 243ZQ regulates co-operative societies for accountability
✓ It defines specific offences and corresponding penalties clearly.
✓ Promotes transparency in operations of co-operative societies
✓ Encourages ethical practices among board members during elections.
✓ Aims to protect the interests of co-operative society members.

FAQs

Article 243ZQ of the Indian Constitution empowers the State Legislature to create laws concerning co-operative societies. This article specifically addresses the offences related to these societies and outlines the penalties for such infractions. It affects various stakeholders, including co-operative societies, their officers, and members. For instance, if a co-operative society provides false information or fails to comply with legal requisitions, they can face penalties.

Additionally, it addresses corrupt practices during elections for board members of co-operative societies. Such provisions are key for ensuring that co-operative societies operate fairly and in accordance with the law. The penalties act as a deterrent against misconduct, thus fostering trust among members and the public. Article 243ZQ of the Indian Constitution empowers the State Legislature to create laws concerning co-operative societies.

This, in turn, encourages members to participate actively and responsibly in their societies. It also aids in protecting the interests of members and promotes the overall health of the co-operative sector. Therefore, Article 243ZQ plays a major role in regulating co-operative societies and ensuring their integrity in the economic landscape.

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Editor-in-Chief Pramod

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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