Section 52 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 52 lists what the Chief Executive of a multi-State co-operative society does, always under the general superintendence, direction and control of the board. The 2023 Amendment Act changed one number: the draft annual report and financial statement must now go to the board within forty-five days of the close of the financial year, not thirty. This article states the section as per the Ministry of Cooperation copy of the Act read with the Multi-State Co-operative Societies (Amendment) Act, 2023.
The Chief Executive manages the society day to day, operates its account, signs documents, keeps its books and returns, convenes meetings, makes appointments under the bye-laws and keeps the board informed. All of this is under the general superintendence, direction and control of the board. Clause (j), as amended in 2023, requires the Chief Executive to present the draft annual report and financial statement for the board's approval within forty-five days of closure of the financial year.
The opening words: control by the board
"The Chief Executive shall under the general superintendence, direction and control of the board, exercise the powers and discharge the functions specified below, namely:". The Chief Executive's powers are therefore delegated powers; the board can direct them. The appointment and eligibility of the Chief Executive are in section 51; see our note on the Chief Executive's appointment and eligibility. If you are working out the line between what the board decides and what the Chief Executive does, our legal consultation team can help.
The eleven clauses
| Clause | Function |
|---|---|
| (a) | day-to-day management of the business of the society |
| (b) | operating the account of the society and being responsible for making arrangements for safe custody of cash |
| (c) | signing on the documents for and on behalf of the society |
| (d) | making arrangements for the proper maintenance of various books and records and for the correct preparation, timely submission of periodical statements and returns in accordance with the Act, the rules and the bye-laws |
| (e) | convening meetings of the general body, the board and the Executive Committee and other committees or sub-committees constituted under sub-section (1) of section 53, and maintaining proper records for such meetings |
| (f) | making appointments to the posts in the society in accordance with the bye-laws |
| (g) | assisting the board in the formulation of policies, objectives and planning |
| (h) | furnishing to the board periodical information necessary for appraising the operations and functions of the society |
| (i) | appoint the person to sue or be sued on behalf of the society |
| (j) | present the draft annual report and financial statement for the approval of the board within forty-five days of closure of the financial year |
| (k) | performing such other duties, and exercising such other powers, as may be specified in the bye-laws |
Clauses (i) and (j) are printed with bare verbs ("appoint", "present") and do not match the "-ing" form of the others. We read them as functions in the same list and flag the grammar as printed.
Clauses that deserve a closer look
Clause (b): the account and cash
The Chief Executive operates the account and is "responsible for making arrangements for safe custody of cash". The clause does not say that he alone operates it, or whether others may be authorised by the board. The bye-laws and board resolutions fill this in.
Clause (d): books, statements and returns
This clause puts the working duty to keep books and file periodic statements and returns on the Chief Executive, "in accordance with the provisions of this Act, the rules and the bye-laws". Later sections deal with the records themselves; for the annual return see section 120 and, for inspection, section 108. The failure of the board to file the annual return has consequences for board members under section 43(2)(e); see our note on disqualifications for being a member of the board.
Clause (e): convening meetings
The Chief Executive convenes the general body, board and committee meetings. For board meetings the trigger is the chairperson's instance or a requisition under section 50; see our note on meetings of the board and quorum. The Chief Executive is also to maintain records of the meetings.
Clause (f): appointments
The Chief Executive appoints to posts "in accordance with the bye-laws". Section 49(2)(d) separately gives the board power to appoint and remove the Chief Executive and employees "as are not required to be appointed by the Chief Executive". The 2023 proviso to section 49(2)(e) makes recruitment subject to the prescribed procedure; see our note on powers and functions of the board.
Clause (i): the person to sue or be sued
The Chief Executive appoints "the person to sue or be sued on behalf of the" society. The clause does not say whether the person is an officer or an outside lawyer.
Clause (j): the forty-five day rule
The draft annual report and financial statement must be placed before the board for approval "within forty-five days of closure of the financial year". The 2023 Amendment Act (Act 11 of 2023, in force from 3 August 2023 by notification S.O. 3493(E)) replaced "thirty days" by "forty-five days". The Act's phrase "financial year" is now defined in section 3(ka), as inserted in 2023. The clause fixes the date by which the Chief Executive must present the draft; the later steps, audit and the general body, are in other sections.
What the 2023 Amendment Act changed
| Provision | Before | After |
|---|---|---|
| s.52(j) | draft annual report and financial statement within "thirty days" of closure of the financial year | within "forty-five days" |
No other clause of section 52 was amended.
A practical example
Gramin Seva Multi-State Co-operative Society closes its financial year on 31 March. Its Chief Executive, Ms. Rao, presents the draft annual report and financial statement to the board on 10 May, which is forty days after closure and within the forty-five day limit. Had the old thirty day limit still applied, the date would have been late. She convenes the general body in due course under clause (e), keeps the minutes, and appoints a clerk to the vacant post under clause (f) in accordance with the bye-laws. When a supplier files a suit against the society, she names the person who will appear for it under clause (i).
Where the Chief Executive's power stops
The board's control over the Chief Executive is stated in the opening words, and the board may remove the Chief Executive under section 49(2)(d). The Chief Executive's functions do not displace those of the general body in section 38 or the duties of the board in section 49. If a Chief Executive acts outside clauses (a) to (k), the Act does not say what follows in this section.
Need help with governance roles?
If you are drawing up delegations, signing authorities or an annual calendar so that the Chief Executive's duties under section 52 line up with the board's, a short review can prevent confusion later. Talk to our legal consultation team before the next year-end.
Key takeaways
- The Chief Executive acts under the general superintendence, direction and control of the board.
- The eleven clauses cover management, accounts and cash, signing, books and returns, meetings, appointments, support to the board, suits and the draft annual report.
- Since 2023 the draft annual report and financial statement are due to the board within forty-five days of closure of the financial year.
- Other duties and powers can be specified in the bye-laws.
Read next
- Chief Executive: appointment and eligibility (section 51)
- Committees of the board (sections 53 and 54)
- Annual general meeting of the general body (section 39)
- Multi-State Co-operative Societies Act, 2002: complete guide
Disclaimer: Based on the Ministry of Cooperation copy of the Multi-State Co-operative Societies Act, 2002 read with the Multi-State Co-operative Societies (Amendment) Act, 2023 (in force from 3 August 2023), as consulted on 2 October 2026. The Multi-State Co-operative Societies Rules, 2002 as amended, later notifications and later amendments are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.