Application for Registration of Cooperative societies

REGISTRATION OF CO-OPERATIVE SOCIETIES. 1 [3.   x x x]1 1. Omited by  Act 40 of 1964 w.e.f. 26.6.1965. 1 [4.  

Societies which may  be  registered.-      

Subject to the provisions of this Act, a co-operative society which has as  its  objects the promotion of the economic interests or general welfare of its members,  or of the public, in accordance with co operative principles, or  a  co-operative  society established with the object of facilitating the operations of such a society, may be registered under this Act: Provided that no co-operative society  shall be registered if it is likely to be economically unsound, or the  registration  of which may have an adverse effect on development of the co-operative movement.]1 1. Substituted by  Act 40 of 1964 w.e.f. 26.6.1965. 5.    

Registration  with  limited or unlimited liability.-   

 (1) A co-operative society may be registered with or without limited liability: Provided that the liability  of  a  co-operative society of which any member is a cooperative society, shall be limited. (2) The word ‘limited’ or its  equivalent  in any Indian language shall be the last word  in the name of a co-operative society registered under this Act with limited liability. 

6.  Application for  registration  of co-operative societies.-    

(1) An application for the registration of a co-operative society shall be made to the Registrar  in  such form  1[and after complying with such formalities]1  as may be prescribed; and the applicants  shall furnish to him all such information about the society as he may require. 1.  Inserted by  Act 25 of 1998 w.e.f. 15.8.1998.

 (2) Every such application shall conform to the following requirements, namely:—

 (a) the application shall be accompanied by  2[five]2  copies of the proposed bye-laws of the co-operative society; 

 (b) where all the applicants are individuals, the number of applicants  shall not be less than ten;

 (c) every one of the applicants who is  an individual shall be above the age  of eighteen years  1[and the applicants shall not be members of the same family. Explanation.—For  the  purpose of this clause family in relation to a person means an individual, wife or husband, as the case may be, and their dependent children and parents;]1 1.  Inserted by  Act 25 of 1998 w.e.f. 15.8.1998. 2. Substituted by  Act 25 of 1998 w.e.f. 15.8.1998. 

(d) where the objects of  the  co-operative society include the creation of funds to be lent to its members and where all  the applicants are individuals, the applicants shall  reside in the same village or town  1[or in the proposed area of operation of the co-operative society]1  or belong to the same class or pursue the same occupation; 1. Substituted by  Act 25 of 1998 w.e.f. 15.8.1998.

(e)  the  application  shall be signed by every one of the applicants who is an individual and by a person duly authorized  on  behalf of any co-operative society which is an applicant. 1[( f)  the  application  shall  be  accompanied by such fee as may be prescribed and different fees may be prescribed for different  class or classes of co-operative societies.]1 1. Inserted by  Act 25 of 1998 w.e.f. 27.10.1998 by  notification  text  of  the  notification  is  the  end  of the Act. 1[(g) in the case of the co-operative which intends to convert itself into a  Cooperative  Society  under  this  Act, the application shall be accompanied by a resolution of the general meeting of such  Co-operative approving such conversion]1 1.  Inserted by  Act 13 of 2004 w.e.f.  22.03.2004. 

7.  Registration.-   

 (1) If the Registrar is satisfied,—  ( b) 

a)  that the application complies with  the provisions of  this  Act  1[, rules and the provisions of any other law for the time being in force]1;  

( c) that the objects of the proposed society are in accordance with section 4;   ( that the aims of the proposed society are not inconsistent with  the principles of social justice;  

( d)  that the proposed bye-laws are not contrary to the provisions of this Act and the rules; and  

( e)  that the proposed society complies  with  the requirements of sound business and has reasonable chances of success; 

1[Registrar shall, within a period of three  months from the date of receipt of the application, register]1  the  co-operative society and its bye-laws  

2[and send by registered post, a certificate of registration and the original registered bye-laws signed  with  date    and seal by him to the chief promoter mentioned in the application or to the chief executive of the Co-operative which is converted]2 1. Substituted by  Act 25  of 1998 w.e.f.  15.8.1998. 2.  Inserted by  Act 13 of 2004 w.e.f.  22.03.2004. 

1 [ 2[(2) If the Registrar is unable to dispose of such application within the period specified in sub-section (1), the society  and  the  bye-laws shall be deemed to have been registered.]2 1. Sub-sections (2) to (4) inserted by  Act 40 of 1964 w.e.f. 26.06.1965. 2. Substituted by  Act 25 of 1998 w.e.f. 15.08.1998. 

(3)  Where the Registrar refuses to register a proposed co-operative society, he shall forthwith communicate his decision,  with the reasons therefor, to the person making  the  application and if there be more than one to the person who has signed first in the application.

 (4) The Registrar shall maintain a register  of all co-operative societies  registered or deemed to be registered under this Act.]1 

8.  Registration certificate.-    

Where a co-operative society is registered  1[or is deemed  to be registered]1  under this Act, 

the Registrar shall issue a Certificate of Registration signed by him, which shall  be conclusive evidence that the cooperative society therein mentioned is  a co-operative society duly registered  1[or is deemed to be registered]1  under this Act.