Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Active Dairy Farmers as Members - Main points and insights:
Dairy farmers are eligible to become members of dairy cooperative societies if they meet specific criteria, such as supplying milk for a minimum period or volume. For example, one source states, those Dairy Farmers who have supplied milk for 180 days or 500 liters in the preceding year can only get active membership of the Society ["SANTHOSH V vs STATE OF KERALA - Kerala"]. Similarly, another document notes, the petitioner obtained membership in the Society in the year 2016 and thereafter, he has been regularly supplying milk to the Society ["SANTHOSH V vs STATE OF KERALA - Kerala"].
Membership eligibility often depends on fulfilling supply conditions, and changes in criteria can affect active status, as seen in the issuance of circulars revising eligibility from 500 liters within 180 days ["SANTHOSH V vs STATE OF KERALA - Kerala"].
The law permits dairy farmers to form or join cooperative societies, even if no society exists nearby. For instance, it is stated, it is open to the petitioner or Sangha which is an association comprising of 15 dairy farmers to form themselves into a dairy cooperative society ["Puttamma VS State of Karnataka - 2008 0 Supreme(Kar) 820"].
Membership can also extend to cooperative societies themselves, which are recognized as eligible members under relevant statutes, e.g., Section 25(b) specifically entitles the Cooperative Society to apply for admission as a member ["Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722"].
The participation of dairy farmers in cooperative societies is supported by legal provisions, such as the Kerala Co-operative Societies Act, which allows for membership and voting rights, with every member of a society shall have one vote ["P.KUNJIKRISHNAN NAIR Vs STATE OF KERALA - Kerala"].
Analysis and Conclusion:
The sources collectively indicate that only active dairy farmers—those who supply milk regularly and meet specified criteria—are eligible for membership in dairy cooperative societies. Membership is predicated on fulfilling supply conditions, with provisions allowing farmers to form new societies if none exist nearby. Cooperative societies themselves can also be members, provided they meet statutory requirements. This framework ensures that genuine dairy farmers participate actively, safeguarding their interests and facilitating farmer-centric governance within the cooperative system ["Sadanandan K. S. , S/o. Subramanian VS Kerala Toddy Workers Welfare Fund Board, Represented By Chairman - 2022 0 Supreme(Ker) 882"], ["SANTHOSH V vs STATE OF KERALA - Kerala"], ["Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722"], ["P.KUNJIKRISHNAN NAIR Vs STATE OF KERALA - Kerala"].
In the heart of India's dairy industry, cooperative societies play a pivotal role in empowering farmers by providing a platform for collective marketing, procurement, and support. However, a common question arises: only an active dairy farmer can be a member of dairy cooperative society? This query touches on critical eligibility rules that ensure these societies remain true to their purpose—benefiting genuine producers without intermediaries. While membership isn't a fundamental right, it hinges on specific qualifications outlined in bye-laws and statutes. This post explores the legal framework, drawing from key judgments to clarify who qualifies and why rejections occur.
Eligibility for dairy cooperative membership is governed primarily by the society's bye-laws, which must align with cooperative principles under relevant statutes like state Cooperative Societies Acts. Applicants typically need to demonstrate they are dairy producers or primary milk producers' cooperatives with active participation, such as supplying minimum milk volumes (e.g., 100 liters per day for 100 days), contributing share capital, ensuring democratic control, procuring milk directly from farmers, and possessing infrastructure like dairy plants. Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722Zoroastrian Co-operative Housing Society LTD. VS District Registrar Co-operative Societies (Urban) - 2005 3 Supreme 428
Membership is a contractual relationship, not an automatic entitlement. Societies can reject applicants who fail to meet these criteria, preserving their ethos of maximizing returns for primary farmer members. For instance, rejection is valid if the applicant lacks genuine farmer benefits, proper capitalization, or physical operations. Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722
Under cooperative laws, membership forms through bye-laws, which act as a contract. One becomes a member in a co-operative society either at the time of its formation or acquires membership in it on possessing the requisite qualification under the bye-laws of the society and on being accepted as a member. It is not as if one has a fundamental right to become a member of a co-operative society. Zoroastrian Co-operative Housing Society LTD. VS District Registrar Co-operative Societies (Urban) - 2005 3 Supreme 428
Restrictions limiting membership to dairy producers are upheld to maintain the society's objectives. Frivolous rejections may be challenged, but substantive failures—like not being an active producer—are not. Zoroastrian Co-operative Housing Society LTD. VS District Registrar Co-operative Societies (Urban) - 2005 3 Supreme 428
Dairy societies scrutinize applicants rigorously. In one case, compliant societies like JKMPCL admitted primary milk producers' cooperatives meeting strict standards: Any registered primary milk producers cooperative societies in the area of operation of the Cooperative which is supplying milk in the cooperative since last 100 days and the whole lot of the milk procured (except local sale) at least 100 litres per day in the cooperative and the bye-laws of the societies are in conformity with model Articles of Association of the societies prepared by the cooperative... Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722
Contrastingly, MPCMPL's rejection stemmed from flaws: no condition requiring members to be dairy producers, inadequate share capital (Rs. 1,000 only), nominal memberships without economic input, intermediary trading (milk is being purchased from the above mentioned two organizations alone... purely on the grounds of trading and not with the purpose of benefiting farmer members), and zero fixed assets despite Rs. 21 crore turnover. A cooperative embodies association of persons to meet their common economic... needs. In case of dairy cooperative, it is dairy producers. Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722
Courts in other states reinforce the need for active involvement. In Kerala, amendments to the Cooperative Societies Act tied voting rights to minimum milk supply, ensuring genuine farmers retained control over the union. Challenges failed, as restrictions promoted democratic representation for active suppliers. P.KUNJIKRISHNAN NAIR Vs STATE OF KERALA - 2020 Supreme(Online)(KER) 43752P.P.KUNHAYIN vs THE STATE OF KERALA - 2020 Supreme(Online)(KER) 9372THE PRESIDENT Vs THE STATE OF KERALA - 2020 Supreme(Online)(KER) 12682
The cessation of such membership would depend upon the decision of the Board fixing minimum quantity of supply and failure of the member society to provide minimum supply. Thus, the interest of a genuine farmer is safeguarded otherwise. These rulings highlight supply thresholds (e.g., for voting or elections) as supplements to membership, emphasizing ongoing participation. P.KUNJIKRISHNAN NAIR Vs STATE OF KERALA - 2020 Supreme(Online)(KER) 43752
Jammu & Kashmir cases affirm societies can admit other cooperatives as members if they qualify, but underscore producer status. THE MILK PRODUCERS COOPERATIVE MARKETING PROCESSING LTD vs UNION OF INDIA AND ORS
Additional contexts, like welfare schemes, define dairy farmers separately (e.g., rearing cows/buffaloes and marketing 500 liters/year via co-op), but this doesn't equate to membership. Sadanandan K. S. , S/o. Subramanian VS Kerala Toddy Workers Welfare Fund Board, Represented By Chairman - 2022 0 Supreme(Ker) 882 Voting eligibility may require 300 liters or 120 days' supply. S. K. Paramasivam VS Government Of T. N. - 1998 1 Supreme 283
Prospective members should:- Review target society's bye-laws for milk supply minima, share requirements, and producer proof.- Gather documentation on active supply history and infrastructure.- If rejected, appeal to the Registrar with compliance evidence—societies must communicate reasons to avoid deemed admission (e.g., under Section 19(3)).
Societies benefit from transparency. If no suitable local co-op exists, forming a new compliant one is an option. Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722Puttamma VS State of Karnataka - 2008 0 Supreme(Kar) 820
Generally, dairy cooperative membership favors active dairy farmers or qualifying primary cooperatives to uphold principles of direct farmer benefit and intermediary removal. While bye-laws set the bar, courts consistently support restrictions ensuring genuine participation, as seen in supply-linked voting and rejection rationales.
Key Takeaways:- Check bye-laws first—active production and supply are typically essential. Zoroastrian Co-operative Housing Society LTD. VS District Registrar Co-operative Societies (Urban) - 2005 3 Supreme 428- No fundamental right; rejections for non-compliance stand. Milk Producers Cooperative Marketing Processing Ltd. VS Union of India - 2018 0 Supreme(J&K) 722- Active supply safeguards interests, per Kerala precedents. THE PRESIDENT Vs THE STATE OF KERALA - 2020 Supreme(Online)(KER) 12682
This post provides general insights based on judgments and is not legal advice. Consult a qualified lawyer for your situation.
reason that no milk Cooperative society is functioning in such place. ... Section 3 (4) provides that the fund may be utilized inter alia for giving pension to the dairy farmer who is a member of the Fund who has measured milk for five years and who is a member of a Primary milk co-operative society. ... The contribution to the Fund is as per Section 7 of the Kerala Dairy Farmers' Welfare Fund Act which provides that each dairy #HL_....
The fact that a Cooperative Society can be admitted as a member has not been denied even by NCDFI, who have in their response specifically stated that another Cooperative Society, namely, J&K Milk Producers Cooperative Limited (JKMPCL), Milk Plant, Chasmashahi, Srinagar was also a member of NCDFI eligible ... Section 25(b) specifically entitles the Cooperative Society to apply for admission as a member under the pr....
Society as a member. ... society. ... The fact that a Cooperative Society can be admitted as a member has not been person and not a Cooperative Society. ... Society, i.e., JKMPCL has also been admitted as a member.
The cessation of such membership would depend upon the decision of the Board fixing minimum quantity of supply and failure of the member society to provide minimum supply. Thus, the interest of a genuine farmer is safeguarded otherwise. ... Section 20 refers to the voting rights of its members and says that, every member of a society shall have one vote in the affairs of the society. ... It is to be noted that the issues relating to milk supply as well as grievance of the fa....
The cessation of such membership would depend upon the decision of the Board fixing minimum quantity of supply and failure of the member society to provide minimum supply. Thus, the interest of a genuine farmer is safeguarded otherwise. ... Section 20 refers to the voting rights of its members and says that, every member of a society shall have one vote in the affairs of the society. ... It is to be noted that the issues relating to milk supply as well as grievance of the fa....
The cessation of such membership would depend upon the decision of the Board fixing minimum quantity of supply and failure of the member society to provide minimum supply. Thus, the interest of a genuine farmer is safeguarded otherwise. ... Section 20 refers to the voting rights of its members and says that, every member of a society shall have one vote in the affairs of the society. ... It is to be noted that the issues relating to milk supply as well as grievance of the fa....
The cessation of such membership would depend upon the decision of the Board fixing minimum quantity of supply and failure of the member society to provide minimum supply. Thus, the interest of a genuine farmer is safeguarded otherwise. ... Section 20 refers to the voting rights of its members and says that, every member of a society shall have one vote in the affairs of the society. ... It is to be noted that the issues relating to milk supply as well as grievance of the fa....
(C) No.16764 of 2011 is a dairy farmer and a member of yet another Primary Dairy Co-operative Society. ... 3. ... It was registered as a Cooperative Society under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the Act for short) on 21.02.1980. ... That apart, it is not in dispute that the High Range Dairy Cooperative Society, No.K 10D, Chengulam, is selling pasteurized toned milk in 450 m....
JUDGEMENT Dated this the 10th day of July, 2024 The petitioner is a Dairy Farmer and the President of the Edayazham Ksheerolpadaka Co-operative Society. The Society is governed by the provisions of Ext.P2 bye-law. ... 2.As per the terms of Ext.P2 bye-law, those Dairy Farmers who have supplied milk for 180 days or 500 liters in the preceding year can only get active membership of the Society. ... be disqualified from continuing as member. ... In 2023....
It is clear from the perusal of the Government Order that any dairy farmer who sells milk to the co-operative society even if he is not a member of the said cooperative society is entitled to claim the benefit of subsidy and according to the submission of the learned Advocate General there is a dairy ... Even assuming that there is no dairy co-operative society in the village or nearby villages, it is open to the petitioner or Sangh....
Provided that a producer of milk who is a registered member of a dairy Cooperative Society registered under Cooperative Societies Act and supplies or sells the entire milk to the Society shall be exempted from this provision for registration.” (6) The Registering Authority or any officer or agency specifically authorZed for this purpose shall carry out food safety inspection of the registered establishments at least once in a year.
Regulation 2.1.2 pertains to licence for food business which reads thus:- 2.1.2 License for food business (1) Subject to Regulation 2.1.1, no person shall commence any food business unless he possesses a valid license. Regulation 2.1.2 pertains to licence for food business which reads thus:- 2.1.2 License for food business (1) Subject to Regulation 2.1.1, no person shall commence any food business unless he possesses a valid license. Provided that any person or Food Business Operator carrying on food business on the date of notification of these Regulations, under a license, registration or ....
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