Chapter II Chapter II

Registration of Societies

The Registrar. –

1. (1) The State Government may appoint a person to be Registrar of Cooperative Societies for the State of any portion of it, and may appoint persons to assist such Registrar.
2. (2) The State Government may, by general or special order published in the official Gazette. Confer –
   • (a) on any person appointed under sub-section (1), to assist the Registrar, all or any of the powers of the Registrar under the Act except the powers under section 26, and
   • (b) on any Cooperative Federation or Financing Bank. all or any of the powers of the Registrar under section 20, sub-section
3. (3) of section 28 and section 33, Section 34, Section 35, and Section 36,
4. (3) Where the State Government is of opinion that the Registrar needs the assistance of Additional Registrar for speedy disposal of business, it may by order published in the official gazette, appoint such number of Additional Registrars as it may deem fit.
5. (4) Notwithstanding anything to the contrary contained in any other provisions of the Act, Registrar may delegate, transfer of assign to the Additional Registrar such of his powers and functions and duties as he may consider necessary including the power under Sections 26 and 50 and the Additional Registrar shall, thereupon have powers of registrar in matters so delegated, transferred of assigned to him.

Societies which may be registered -

1. (1) Subject to the provisions of this Act, a Cooperative Society constituted in accordance with the provisions of the said Act as amended form time to time, which has as its object the promotion of the common interest of its members in conformity with the Cooperative principles and securing the fulfillment of any of all directives contained in Part IV of the Constitution of India, may be registered under this Act with or without limited.” common interest of its members and securing the fulfillment of any all directive contained in Part IV of the Constitution of India, may be registered under this Act with or without limited liability: Provided that, unless the State Government by general or special order otherwise directs-
   • (a) The liability of society of which a member is a registered society shall be limited, and
   • (b) the liability of a society of which the primary object is the creation of fund to lent to its members, and of which the majority of the members are agriculturists, and of which on member is a registered society, shall be unlimited.
2. (2) Where the liability of a society is limited, the liability of each member, past member, of the estate of a deceased member shall on liquidation, be limited to the amount, if any, unpaid on the shares held by such member, or where the liability limited by guarantee, to the amount of such guarantee, or where it is limited in an other manner, then as may be determined by the rules or bye laws subject, however to section 32.
3. (3) Where the liability of a society is unlimited, all members, past members and the estates of deceased members shall on liquidation be jointly and severally liable of and in respect of all its obligations, subject, however, to the provisions of section 32.

Conditions of registration –

1. (1) No society, other than a society of which a member is registered society, shall be registered under this Act which does not consist of at least ten persons above the age of eighteen years and, where the primary object of the society is the creation of funds to be lent to its members, unless such persons-
   • (a) reside in the same town or village or in the same group of villages; or
   • (b) save where the Registrar otherwise directs, are members of the same tribe, class or occupation. (1A) The State Government may by notification in the official Gazette reduce the minimum number of membership of 10 persons for particular class of Cooperative Societies.
2. (2) The word ‘limited’ shall be the last word in the name of every society with limited liability registered under this Act.

Application for registration. -

1. (1) An application for the registration of a society shall be made to the Registrar, and shall be accompanied by a copy of the proposed bye-laws of the society; and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Registrar may require.
2. (2) The application shall be signed –
   • (a) if none of the applicants is a registered society by at least ten persons or less number of persons qualified in accordance with the requirements of sub-section
3. (1) or sub-section (1A) of Section 8; Provided that applicants, either male of female, shall be form different families:
   • (b) If any of the applicants is a registered society, by a duly authorised person on behalf of every such registered society, and where all the members of the society are not registered societies, by ten other members or, where there are less than ten other members, by all of them.
4. (3) The following shall be attached to such applications :-
   • (a) Four copies of the proposed bye-laws of the Cooperative Society as adopted by the founder members
   • (b) A list containing names of members with their address, occupation and share participation.
   • (c) A list containing names of the persons of first Board as elected by the founder members.
   • (d) True copy of the resolution of the meeting duly signed by the Chairman in which the Bye

Power of Registrar to decide certain questions Power of Registrar to decide certain questions. – When any questions arises whether for the purposes of this Act a person is an agriculturist, or whether any person is resident in a particular town or village or group of village, or whether to or more villages shall be considered to form a group or whether any person belongs to any particular tribe, class or occupation, the question shall be decided by the Registrar, whose decision shall be final.

Registration. – 4

1. (1) If the Registrar is satisfied that a society has complied with provisions of this Act and Rules and that its proposed bye-laws are not contrary to this Act, or the Rules, he may register the Society and its bye-laws. And he will send by registered post of organizer/ promoter of the Society, within 90 days from the date of submission of application, a registration certificate and original copy of the registered bye-laws duty sealed and signed by him.
2. (2) If in the opinion of the Registrar, the conditions stipulated under sub-section
3. (1) above appear not have been complied with within 90 days of presentation of the application before him, he shall record reasons for refusal and refuse to register the society and send this decision by registered post to the organiser/ promoter. In the event of the refusal not being sent within the stipulated period, the Society shall be deemed registered and in such a situation the Registrar within one month thereafter shall send by registered post, the registration certificate for deemed registration alongwith original copy of the registered bye- laws duly sealed and signed.
4. (3) In the event where the organiser/ promoter has received the refusal order in accordance with the provisions of sub-section
5. (2) or has not received registration certificate of deemed registration an appeal shall lie to the Registrar if the refusal order has been passed by an officer appointed to assist the Registrar under sub-section 2
   • (a) of section 6 of this Act and to the State Government if such order has been passed by the Registrar himself: Provide that such appeal shall lie within sixty days from the receipt of the refusal order of within sixty days from the expiry of the prescribed period of communication in case of deemed registration.
6. (4) If in the opinion of the Registrar, the organiser/ promoter has got society registered by mistake, then the Registrar shall appeal to the State Government for cancellation of the said registration.

Evidence of registration Evidence of registration – A certificate of registration signed by the Registrar shall be conclusive evidence that the society therein mentioned is duly registered unless it is proved that the registration of the society has been cancelled.