Chapter II REGISTRATION

registered as a Cooperative Society under this Act which provide in its byelaws for the Social and economic betterment of its members through self-help and mutual air in accordance with the cooperative principles; Provide that the membership of such Cooperative Societies which enjoy special privileges under government policy and programmes by virtue of their membership being confined to special groups shall be restricted to members belonging to such special groups 1. Subs. By (Arndt.) Act 9 of 2002

being a member of a different family intend to form a cooperative Society, they, after framing bye-laws for this purpose on the basis of section 3 and in accordance with section 9, may apply for registration under this Act. (ii) Where two or more Cooperative Societies registered under this Act intend to form a central Co-operative Society, they after framing bye-laws for this purpose on the basis of section 3 and in accordance with section 9, may apply for registration under this Act. (iii) Where two of more Cooperative Societies registered under this Act intend to form a Cooperative Federation, they after framing bye-laws for this purpose on the basis of section 3 and in accordance with section 9, may apply for registration under this Act. (iv) Where two of more Cooperative Federation and such Cooperative Societies as are not the members of any Cooperative Federation, intend to form Cooperative union, they after framing bye-laws for this purpose on the basis of section 3 and in, accordance with section 9, may apply for registration under this Act. (v) Where a society registered under section 11 of the Bihar Cooperative societies Act, 1935 intend to convert itself into a Cooperative Society under this Act, it after framing bye-laws for this purpose on the basis of section 3 and accordance with section 9. may apply for registration under this Act. 1 ["(VI) Where State Government so decides to convert any class of Cooperative Societies registered under section 11 of Bihar Cooperative Societies Act, 1935 into a class of societies under this Act it shall within the period stipulated by the State Government, apply for registration under this Act after framing its byelaws for this purpose on the basis of section 3 and in accordance with section 9 of this act" (2) An application for registration shall be submitted to the Registrar. (3) Every such application shall be accompanied by — (a) two copied of the proposed bye-laws of the Cooperative society as adopted by the promotion members; (b) a list of names of members with their addresses, occupation and equity participation; (c) the list of members of the first board elected by the promotion members; (d) a true copy of the minutes of the meeting at which the bye-laws were adopted, duly signed by the chairperson; (e) In the case of a Society registered under section 11 of the Bihar Cooperative societies Act, 1935 and wishing to convert itself into a Cooperative Society under this Act evidence to show that the Society in not in possession of any share capital from government, and evidence also to show that the society in not in receipt of any government loans or guarantees at the time of applying for registration as a Cooperative Society under this Act or that it has been entered into a memorandum of understanding with the government for any such outstanding loans of guarantees; and

(f) registration fee amounting to one per cent of the total authorized share capital by whatever mane called subject to minimum of one hundred rupees and a maximum of ten thousand rupees. 1. Added by (Amdt.) Act 9 of 2002 (4) The Registrar shall, if he is satisfied that — (a) the application is in conformity with the requirement of this Act, and (b) the proposed bye-laws are not contrary to the provisions of this Act register the Cooperative Society and also its bye-laws and communicate a certificate of registration and the original of the registered bye-laws signed and sealed by him within a period of ninety days from the date of submission of application, to the Chief promoter mentioned in the application. (5) If the conditions laid down in sub-section (4) are not fulfilled, the Registrar shall communicate the order of refusal together with the reasons thereof, within ninety days from the date of submission of application, to the Chief Promoter. In case no refusal in communicated within the said period, the Cooperative Society shall be deemed to be registered and in that event to Registrar shall send a certificate of deemed registration and the original copy of deemed registered bye-laws signed and sealed by him within a period of one month. (6) Where an order of refusal in received by the applicants under sub-section within the prescribed period, they may appeal against this to the Cooperative Tribunal within sixty days of communication of such order or within sixty days of communication of such order or within sixty days of the period prescribed for the communication of the certificate of deemed registration. The decision of the Tribunal shall be final in this regard. (7) Where a Cooperative Society is registered, the certificate of registration signed and sealed by the Registrar shall be conclusive evidence: Provided that where a Cooperative Society was earlier registered under the Bihar Cooperative Societies Act, 1935, such registration shall be deemed to be cancelled once a certificate of registration under this section is issued.

be a body corporate by the name under which it is registered having perpetual succession and a common seal. The Cooperative Society shall be entitled to acquire, hold and dispose of property, to enter into contracts on its behalf, to institute and defend suits and other legal proceedings and to take all such steps necessary to achieve its objectives. (2) All transactions entered into good faith prior to registration, in furtherance of the purposes of the Cooperative Society shall be deemed to be transactions of the Cooperative Society after registration. (3) A Cooperative Society may be registered with Limited Liability and it shall have the word "Limited" as suffix to its name.

address of its registered office and the words "registered under Bihar Self-Supporting Cooperative Societies Act, 1996" - (a) at every office or place at which it carries on business; (b) in all notices and other official publications; (c) on all its contracts, business letters, orders for goods, invoices, statements of accounts, receipts and letters of credit; and (d) on all bills of exchange, promissory notes, endorsements, cheques and others for money it signs or that are signed on its behalf. (2) The name of every Cooperative Society shall contain the words "Cooperative" and "Limited"

be Registrar of Self-Supporting Cooperative Societies for the' State or any portion of it, and may appoint other officers to assist such Registrar.

(2) The State Government may, by notification, confer on such other officers appointed under sub-section (1) to assist the Registrar, all or any powers of the Registrar under this Act. (3) The term of office of the Registrar shall normally be for a period of three years. CHAP TER-Ill BYE-LAWS