Document Fragment View

Matching Fragments

2. The Managing Director, COMFED by letter No. 7035 dated 26/27th November, 2001 informed the Secretary, Department of Animal Husbandry and Fisheries, Government of Jharkhand that the provision of Sections 41 and 42 of the Bihar Re-organization Act, 2000 relates to division of assets/liabilities of the State Government and not of legal entities like Co-operative Societies. It further informed that the COMFED, the Co-operative Society, after re-organization has become a Multi-State Co-operative Society. The order No. 52 dated 23rd November, 2001 was alleged to be not in accordance with law and, thereby, requested the Secretary to rescind/recall the order aforesaid.

It is stated that the Jamshedpur Milk Supply Scheme of Dairy Corporation was transferred to COMFED by erstwhile State of Bihar on management basis but it was defunct. The bottling plant at Jamshedpur soon become scrap.

Subsequently, COMFED purchased 10 acres of land on long term lease hold basis from Adityapur Industrial Area Development Authority for consideration of Rs. 12,23,388/-.

In support of aforesaid claim, the petitioner relied on letter No. 696/A.D.A. dated 14th May, 1998 issued by the Adityapur Industrial Area Development Authority and the letter issued by petitioner No. 2247 dated 28th June, 2001 whereby it was shown that a sum of Rs. 12,23,388/- was paid towards cost of the land, interest etc. vide Cheque No. 3086199 dated 28th June, 2001.

The stand of the State of Jharkhand has been noticed by the Central Registrar, Multi-State Co-operative Society, Government of India at para-4 to the impugned order dated 5th November, 2002, as quoted hereunder :

'The Government of Jharkhand objected to the registration of COMFED under the MSCS Act vide their representation dated 19.6.2002 and a subsequent letter dated 30.9.2002 refuting the contentions of COMFED. Briefly, the State of Jharkhand has objected on following grounds :
(i) the 98 milk cooperative mentioned in the list of COMFED are primary societies of Ranchi district. Most of them were initially organized by the State Dairy Directorate and they are affiliated to Ranchi District Milk Union, which is not a member of COMFED. The role of COMFED in respect of these societies is limited in procuring milk from them. They are not members of COMFED.
(ii) The role of COMFED is in-organizing primary dairy milk cooperatives is confined to districts of present State of Bihar coming under project area of operation flood. All the 22 districts of the State of Jharkhand are under the non-operation flood area.
(iii) As per bye-laws 5 of COMFED, only district milk unions may become member of COMFED. The primary societies cannot even become members of the COMFED.
(iv) 12 district milk unions have been organized and registered by the State Dairy Directorate of Jharkhand and none of these unions is nominal or ordinary member of COMFED.