Transcript Document

COOPERATIVE LEGISLATION
IN
LAOS PDR
BY
B.D.SHARMA, SENIOR CONSULTANT
ICA DOMUS TRUST, NEW DELHI, INDIA
SOCIO – ECONOMIC FEATURES OF
LAOS PDR
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LOCATED IN CENTRE OF INDOCHINA PENINSULA
LAND LOCKED AND MOUNTANEOUS
TOTAL AREA : 236,800 SQ KMS : ONLY 20% CULTIVABLE: 47% FOREST
COVER
CLASSIFIED AS LEAST DEVELOPED COUNTRY
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46.1% OF POPULATION BELOW POVERTY LINE
90% OF THE POOR LIVE IN RURAL AREAS
POOR INFRASTRUCTURE
LIFE EXPECTANCY – 53 YEARS; HOWEVER ADULT LITERARCY RATE : 53%
POOR HEALTH FACILITIES: 90% POPULATION LACK ACCESS TO BASIC HEALTH
LOW DENSITY OF POPULATION: 19 PERSONS PER SQUARE KM
92% OF POPULATION ARE RURAL : 67% OF THEM ARE ENGAGED IN
SUBSISTENCE AGRICULTURE OUTSIDE MARKET MECHANISM
SHARE OF AGRICULTURE IN GDP – 50%
SHARE OF INDUSTRIAL SECTOR IN GDP – 22%
SHARE OF SERVICE SECTOR IN GDP – 27%
ECONOMIC DEVELOPMENT POLICY
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LAOS PDR WAS ESTABLISHED IN 1975
ADOPTED CENTRALISED ECONOIC PLANNING WITH
DOMINANCE OF STATE SECTOR
INTRODUCED NEW ECONOMIC MECHANISM (NEM) I.E
MARKET ORIENTED ECONOMY WITH 5 ECONOMIC SECTORS
: STATE; PRIVATE; MIXED; SMALL FARMERS’ MANAGEMENT;
AND JOINT VENTURE IN 1986
EIGHT MAIN PRIORITIES OF ECONOMIC DEVELOPMENT
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ii.
iii.
iv.
v.
vi.
vii.
viii.
INCREASE IN FOOD PRODUCTION
PRODUCTION OF CASH CROPS
REDUCTION IN SHIFTING CULTIVATION
DEVELOPMENT OF INFRASTRUCTURE
DEVELOPMENT OF HUMAN RESOURCES
RURAL DEVELOPMENT ; FOCAL SITES
INTERNATIONAL BUSINESS
EXPANSION OF SERVICE SECTORS
HISTORY OF COOPERATIVE
DEVELOPMENT
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THERE USED TO BE SOME KIND OF COOPS BEFORE 1975
IN 1983 GOVT FORMALLY ESTABLISHED AGRICULTURAL
COOPS
BY THE END OF 1984 ABOUT 3000 AGRICULTURAL COOPS
ESTABLISHED COVERING MORE THAN 66% OF FARMERS
IN 1986 COOPS WERE ABANDONED AND REPLACED BY
“HOUSE HOLD ECONOMIC PRODUCTION UNITS”
THESE COOPS FAILED DUE TO:
i.
ii.
iii.
iv.
v.
TOP DOWN AUTHORITATIVE APPROACH
LACK OF PROPER GROUND WORK
INTERFERENCE OF GOVT & CORRUPTION
LACK OF UNDERSTANDING OF COOPS AT THE LEVEL OF FARMERS
LACK OF COOPS FINANCE SYSTEM
PRESENT SITUATION
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ABSENCE OF ANY COOPERATIVE POLICY &
LEGISLATION
EXISTENCE
OF
COOPERATIVE
LIKE
ORGANISATIONS
i. WATER
USERS’
GROUPS/WATER
ASSOCIATIONS
ii. FARMERS’ PRODUCTION GROUPS
USERS’
FUTURE PERSPECTIVE
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ICA-AP INTERVENTIONS
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NEED FOR INTRODUCTION OF COOPERATIVE POLICY FOR
DEFINING ROLE OF COOPS IN DIFERENT ECONOMIC
SECTORS
THE ROLE OF GOVT IN FOLLOWING AREAS:
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i.
ii.
iii.
iv.
v.
vi.
PROMOTIONAL
TECHNICAL
FINANCIAL
ADMINISTRATION
FORMULATION OF ENABLING COOP LAW
OVER SEA DEVELOPMENT ASSISTANCE
FRAMEWORK FOR COOPERATIVE LAW
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THERE SHOULD BE ONLY ONE GENERAL COOPERATIVE LAW FOR ALL
TYPES OF COOPERATIVES
COOPERATIVE LAW SHOULD MAKE PROVISIONS FOR COOPERATIVE
VALUES AND PRINCIPLES
TO BEGIN WITH A DECREE ON COOPERATIVES MAY BE FORMULATED.
THIS DECREE CAN BE EVOLVED INTO FULL-FLEDGED COOPERATIVE LAW
IN DUE COURSE
THE NATURE OF COOPERATIVE LAW SHOULD BE PUBLIC AND
DEVELOPMENT ORIENTED LAW
FRAME WORK OF COOPERATIVE LAW:
i.
ii.
iii.
iv.
v.
vi.
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viii.
PREAMBLE – INTRODUCTION
GENERAL PROVISIONS
FORMATION AND REGISTRATION OF COOPERATIVES
ADMISSION OF MEMBERS
RIGHTS AND LIABILITY OF MEMBERS
MANAGEMENT OF COOPERATIVES
CONTENTS OF BYE-LAWS/INTERNAL REGULATIONS
CAPITAL AND FUNDS OF COOPERATIVE
FRAMEWORK FOR COOPERATIVE LAW
ix. DISTRIBUTION OF SURPLUS
x. AUDIT
xi. PROCEDURE FOR DISSOLUTION
xii. SETTLEMENT OF DISPUTES
xiii. AMALGAMATION
AND
DIVISION
OF
COOPERATIVES
xiv. CREATION OF FEDERATION AND UNIONS OF
COOPS AT HIGHER LEVEL
xv. ROLE OF GOVERNMENT
xvi. REVIEW, REPEALS
xvii.TRANSITORY PROVISION
Thank You