Registration

(1) If the Registrar is satisfied-

a. that the application complies with the provisions of this Regulation and the rules;

b. that the objects of the proposed society are in accordance with section 4;

c. that the proposed bye-laws are not contrary to the provisions of this Regulation and the rules; and

d. that the proposed society has reasonable chances of success, the Registrar may register the society and its bye-laws

2) When the Registrar refuses to register a society, he shall communicate the order of refusal together with the reason therefore, to such of the applicants as may be prescribed. 3) The application for registration shall be disposed of by the Registrar within a period of 3 months from the date of receipt thereof by him. 4) Where the Registrar fails to dispose-off an application for registration within the period specified in sub-section (3), he shall be deemed to have refused to register the society and nothing in sub sections (2) shall apply to such refusal. (1) A Co-operative society shall make bye-laws in respect of the following matters:-

(a) name and address of the co-operative society; (b) area and operation: (c) the objects of the co-operative society: (d) the manner in which the funds may be raised and the maximum share capital which any one member may hold and the purpose to which the funds may be made applicable: (e) the qualification for membership and terms for admission of members: (f) the nature and the extent of the liability of the members: (g) withdrawals and expulsion of members, and the payments, if any, to be made to such members: (h) transfer of shares or interest of the members: (i) general meetings and procedures and powers of such meetings: (j) procedures of election to the committee: (k) appointment, suspension and removal of the officers of the co-operative society and members of the committee: (l) constitution of the committee and procedure for holding its meetings: (m) powers and duties of the committee and officers of the co-operative society: (n) the privileges, rights, duties and liabilities of members: (o) the consequence of defaults in payments of any sum due by a member: (p) authorisation of an officers of the co-operative society to sign documents and to institute and defend suits and other legal proceedings on behalf of the society: (q) the constitution and maintenance of various funds as required to be maintained under the provisions of Regulation, Rules and bye-laws: and (r) Disposal of profits:

Provided that if in the opinion of the Registrar the bye-laws of any co-operative society do not contain provisions with regard to the matters specified in clause (i) and (1) or contain insufficient provision with regard to these matters, the provisions prescribed in appendix "B" shall apply to such society as if the said Appendix had been part of the bye-laws registered under section 8:

Provided further that if there is any inconsistency in the bye-laws framed by the society with regard to the aforesaid matters and the provisions contained in appendix "B" the bye-laws of the society shall prevail in so far as they are inconsistent with the provisions contained in appendix "B".

(2) The bye-laws of a co-operative society may further provide for such matter as are incidental to the organisation of the society and the management of its business. (j) procedures of election to the committee:

(k) appointment, suspension and removal of the officers of the co-operative society and members of the committee:

(l) constitution of the committee and procedure for holding its meetings:

(m) powers and duties of the committee and officers of the co-operative society:

(n) the privileges, rights, duties and liabilities of members:

(o) the consequence of defaults in payments of any sum due by a member:

(p) authorisation of an officers of the co-operative society to sign documents and to institute and defend suits and other legal proceedings on behalf of the society:

(q) the constitution and maintenance of various funds as required to be maintained under the provisions of Regulation, Rules and bye-laws: and

(r) Disposal of profits:

Provided that if in the opinion of the Registrar the bye-laws of any co-operative society do not contain provisions with regard to the matters specified in clause (i) and (1) or contain insufficient provision with regard to these matters, the provisions prescribed in appendix "B" shall apply to such society as if the said Appendix had been part of the bye-laws registered under section 8:

Provided further that if there is any inconsistency in the bye-laws framed by the society with regard to the aforesaid matters and the provisions contained in appendix "B" the bye-laws of the society shall prevail in so far as they are inconsistent with the provisions contained in appendix "B".

(2) The bye-laws of a co-operative society may further provide for such matter as are incidental to the organisation of the society and the management of its business. (i) Where the property to be attached is a decree either for the payment of money or for sale in enforcement of a mortgage or charge the attachment shall be made by the order of the Registrar if the decree sought to be attached is under section 56 or by an arbitrator. (ii) Where the property is to be attached is a decree of the nature referred to in clause (i) the attachment shall be made by the issue of a notice by the Recovery Officer to the holder of such decree, prohibiting him from transferring or charging the same in any way. (iii) The holder of a decree attached under this sub-rule shall give the Recovery Officer executing the decree such information and aid may reasonably be required. (iv) On the application of the holder of a decree sought to be executed by the attachment of another decree the Recovery Officer making an order of attachment under this sub-rule shall give notice of sub order to the defaulter bound by the decree attached, and no payment of adjustment of the attached decree made by the defaulter is contravention of such order after receipt of notice thereof, either through the said Recovery Officer or otherwise, shall be recognised so long as attachment remains in force.