Chapter II REGISTRAR AND REGISTRATION

1. (1) For carrying out the purposes of this Regulation, the Administrator shall appoint a person to be called the Registrar of co-operative societies for the Union territory.
2. (2) To assist the Registrar in his functions under this Regulation, the Administrator may appoint such number of Additional Registrars, Joint Registrars, Deputy Registrars, Assistant Registrars and other persons with such designations as it may think fit.
3. (3) The Administrator may, by general or special order in writing and for the reasons mentioned therein, confer on a person or persons appointed under sub-section (2) all or any of the powers of the Registrar under this Regulation.
4. (4) Every person appointed under sub-section (2) shall work under the general guidance, superintendence and control of the Registrar.

A society established for,—

1. (i) promotion of the economic interests or general welfare of its members, or of the public, in accordance with such co-operative principles as specified in the Schedule; or
2. (ii) facilitating the operations of any such society, may be registered under this Regulation: Provided that, no society shall be registered, if it is likely to be economically unsound, or the registration of which may have an adverse effect upon any other society, or it is opposed to, or its working is likely to be in contravention of public policy or which may have an adverse effect on development of the co-operative movement, or the registration of which may be contrary to the policy directives which the Union territory Administration may, from time to time, issue.

A society to be registered under this Regulation may be registered with limited liability. Explanation.––For the purposes of this section, the expression “limited liability” shall denote the same as is referred to in the Companies Act, 2013.

1. (1) No society, other than a federal society, shall be registered under this Regulation, unless it consists of at least ten persons or such higher number of persons as the Registrar may, having regard to the objects and economic liability of a society and development of the co-operative movement, determine from time to time for a class of societies (each of such persons being a member of a different family), who are qualified to be members under this Regulation, and who reside in the area of operation of such society: Provided that the Registrar may specify the norms and conditions for registration of societies or class of societies.
2. (2) No federal society shall be registered, unless it has at least five societies as its members.
3. (3) Nothing in this Regulation shall be deemed to affect the registration of any society made before the commencement of this Regulation.
4. (4) The word “limited” shall be placed at the end of the name of every society which is registered or deemed to be registered under this Regulation. Explanation.–– For the purposes of this section, the expression “member of a family” means a wife, husband, father, mother, grand-father, grand-mother, step-father, step-mother, son, daughter, step-son, step-daughter, grand-son, grand-daughter, brother, sister, half-brother, half-sister and wife of brother or half-brother.

Notwithstanding anything contained in this Regulation, the Administrator may, by special order in writing in each case and for the reasons mentioned therein, exempt subject to such conditions, if any, as it may impose, any society from any of the requirements of this Regulation as to registration of such society.

1. (1) For the purposes of registration of society, an application shall be made to the Registrar in the prescribed form and shall be accompanied by four copies of the proposed bye-laws of the society and the person 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) in the case of a society other than a federal society, by at least ten persons (each of such persons being a member of a different family) who are qualified under this Regulation; and
   • (b) in the case of a federal society, by at least five societies.
3. (3) No signature to an application on behalf of a society shall be valid unless the person signing it is a member of the Committee of such society, and is authorised by such Committee by resolution to sign on its behalf the application for registration of the society and its bye-laws; and a copy of such resolution is appended to the application.

1. (1) On receipt of an application for registration from a society,—
   • (a) if the Registrar is satisfied that the society has complied with the provisions of this Regulation and the rules as to registration and that its bye-laws are not contrary to this Regulation and the rules, he shall register the society and its bye-laws; and
   • (b) without prejudice to the provisions of clause (a), the Registrar may register a society if the aggregate value of the paid-up capital and provision of reserves alongwith liquidity, exposure and other prudential norms specified in the bye-laws of the proposed society in the business of thrift and credit are in accordance with such guidelines as may be prescribed: Provided that the societies registered before the commencement of this Regulation shall meet such norms within a period of five years from the date of commencement of this Regulation: Provided further that if the liquidity, exposure, prudential and other parameters of the credit society do not meet such norms within the period mentioned above, the Registrar shall have powers to issue such directions as it deems appropriate to such society to take relevant action: Provided also that in the case of bank, the aggregate value of the paid-up capital and provision of reserves alongwith liquidity norms provided in the bye-laws shall be such as may be laid down by the Reserve Bank from time to time;
   • (c) if the Registrar is of the opinion that the application complies with the requirements of section 8, but that its bye-laws are not in conformity with the provisions of this Regulation and the rules made thereunder, he may provisionally register the society and by an order in writing permit the society to perform such functions subject to such conditions as he may specify in the order and may also by an order in writing direct the society to amend, within the period prescribed in this behalf, its bye-laws so as to bring them in conformity with this Regulation and the rules made thereunder.
2. (2) When a society has been provisionally registered, the Registrar shall, on its compliance with the order made under clause (b) of sub-section (1), finally register it and its bye-laws and on its failure to comply with the order, cancel its provisional registration: Provided that the provisional registration of a society shall not be cancelled unless such society has been given an opportunity of being heard in the matter.
3. (3) A provisionally registered society shall not be deemed to be a society registered under this Regulation.
4. (4) On the registration of a society, the Registrar shall issue to it a certificate of registration signed by him within a period of fifteen days from the date of registration.
5. (5) A certificate of registration issued under sub-section (4) shall be the conclusive evidence that the society mentioned therein is duly registered, unless it is proved that the registration has been cancelled.
6. (6) If the Registrar refuses to register the society, he shall forthwith communicate his decision with reasons therefor, to the person who has signed first on the application.
7. (7) The application for registration of a society may be disposed of within a period of three months from the date of its receipt.

The Registrar shall maintain a register in the prescribed form of all societies registered or deemed to be registered under this Regulation.

For the purposes of the formation or registration or continuance of a society or the admission of a person as a member of a society under this Regulation, when any question arises whether, a person is an agriculturist or non-agriculturist, or whether any person is a resident in an island or group of islands, or whether two or more islands shall be considered to form a group, or whether any person belongs to any particular tribe, class or occupation, such question shall be decided by the Registrar.

The Registrar may classify all societies into such classes and in such manner as he thinks fit and the classification thereof shall be final on the societies.

1. (1) No amendment of the bye-laws of a society shall be valid until registered under this Regulation.
2. (2) For the purposes of registration of an amendment of the bye-laws, a copy of the amendment passed, in the manner prescribed, at a general meeting of a society, shall be forwarded to the Registrar.
3. (3) If the Registrar is satisfied that the amendment so forwarded is not contrary to this Regulation or the rules, he may register the amendment: Provided that no order refusing to register the amendment shall be passed except after giving the society an opportunity of being heard in the matter: Provided further that the application for registration of amendment of bye-laws of a society shall be disposed of within a period of two months from the date of its receipt.
4. (4) When the Registrar registers an amendment of the bye-laws of a society, he shall issue to the society, the copy of the amendment certified by him within a period of fifteen days from the date of registration of the amendment, which shall be conclusive evidence of its registration.
5. (5) Where the Registrar refuses to register an amendment of the bye-laws of a society, he shall communicate the order of refusal, together with his reasons therefor within a period of fifteen days, to the society.

1. (1) If it appears to the Registrar that an amendment of the bye-laws of a society is necessary or desirable in the interest of such society or any bye-laws of the society are inconsistent with the provisions of this Regulation or rules made thereunder and that amendment is necessary in such bye-laws, he may call upon the society, in the manner prescribed, to make the amendment within such time as he may specify.
2. (2) If the society fails to make the amendment within the time so specified, the Registrar after giving the society an opportunity of being heard and with the prior approval of the Administrator, may register the amendment, and shall thereupon issue to the society a copy thereof certified by him.
3. (3) With effect from the date of the registration of the amendment in the manner aforesaid, the bye-laws shall be deemed to have been duly amended accordingly and the bye-laws as amended shall be binding on the society and its members.

1. (1) Subject to the provisions of this Regulation and the rules made thereunder, a society may, by resolution passed at a general meeting, and with the approval of the Registrar, change its name but such change shall not affect any right or obligation of the society, or of any of its members, or of any of the persons who have ceased to be members and any legal proceedings pending before any person, authority or court may be continued by or against the society, under its new name.
2. (2) When a society changes its name, the Registrar shall enter the new name in its place in the register of societies, and shall also amend the certificate of registration accordingly.

1. (1) Subject to the provisions of this Regulation and the rules made thereunder, a society may, by passing a resolution and by amending its bye-laws, change the form or extent of its liability.
2. (2) When a society has passed a resolution to change the form or extent of its liability, it shall give notice thereof in writing to all its members and creditors and, notwithstanding anything in any bye-laws or contract to the contrary, any member or creditor shall, during a period of thirty days from the date of service of such notice upon him, have the option of withdrawing his investment in its shares, and his deposits and loans, and of demanding the payment of his other dues, if any: Provided that conversion of society from limited to unlimited liability shall not be permitted in any circumstances.
3. (3) Any member or creditor who does not exercise his option within the period specified in sub-section (2), shall be deemed to have assented to the change.
4. (4) An amendment of the bye-laws of a society, changing the form or extent of its liability, shall not be registered or take effect until, either—
   • (a) all members and creditors have assented, or deemed to have assented, thereto as aforesaid; or
   • (b) all claims of members and creditors exercising the option, under sub-section (2) have been complied in toto.

1. (1) Subject to the provisions of this Regulation and the rules made thereunder and the previous sanction of the Registrar, a society may, by resolution passed by two-thirds majority of the members present and voting at a special general meeting held for the purpose, decide—
   • (a) to amalgamate with another society or a society registered under the Multi -State Co-operative Societies Act 2002;
   • (b) to transfer its assets and liabilities, in whole or in part, to any other society;
   • (c) to divide itself into two or more societies;
   • (d) to convert itself into another class of society; or
   • (e) to change its objects.
2. (2) Where the amalgamation, transfer, division or conversion referred to in sub -section (1) involves a transfer of the liabilities of a society to any other society, the Registrar shall not sanction the resolution of the society unless he is satisfied that—
   • (i) the society, after passing such resolution, has given notice thereof in writing to all its members, creditors and other persons whose interests are likely to be affected (hereafter, in this section referred to as “other interested persons”), giving them the option to exercise within one month from the date of the receipt of such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or of withdrawing their investments in its shares, their deposits and loans and demanding payment of their other dues, if any;
   • (ii) all the members and creditors and other interested persons have assented to the decision, or are deemed to have assented thereto by having failed to exercise the option within the period specified in clause (i); and
   • (iii) all claims of members and creditors and other interested persons, who exercise the option within the period specified, have been complied in toto.
3. (3) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Registration Act, 1908, in the event of division or conversion, the registration of the new societies or, as the case may be, of the converted society, and in the event of amalgamation, on the amalgamation the resolution of the societies concerned with amalgamation, shall in each case be sufficient conveyance to vest the assets and liabilities of the original society or amalgamating societies in the new societies or converted or amalgamated society, as the case may be.
4. (4) The amalgamation, transfer, division or conversion made under this section shall not affect any right or obligation of the societies so amalgamated, or of the society so divided or converted, or of the transferee, or render defective, any legal proceedings which might have been continued or commenced by or against the societies which have been amalgamated or divided or converted and accordingly such legal proceedings may be continued or commenced by or against the amalgamated society, the converted society, the new societies or the transferee, as the case may be.

1. (1) Where the Registrar is satisfied that it is essential in the public interest or in the interest of co-operative movement, or for the purpose of securing proper management of any society that two or more societies should be amalgamated or that any society should be re-organised, then, notwithstanding anything contained in section 17 and subject to the provisions of this section, the Registrar may, after consulting such federal society as may be notified in this behalf by the Administrator, by order published in the Official Gazette, provide for the amalgamation of these societies into a single society or, as the case may be, for the re-organisation of that society, with such constitution, property rights, interests and authorities, and such liabilities, duties and obligations as may be specified in the order: Provided that in case of a co-operative society carrying on the business of banking, the amalgamation and re-organisation, shall be subject to the guidelines issued by the Reserve Bank in this regard from time to time.
2. (2) The order referred to in sub-section (1) may also provide for—
   • (a) the constitution of the Committee of Management or any other Committees of the new amalgamated or re-organised society;
   • (b) the persons who shall be, or continue to be, the officers of such society; and
   • (c) the period after which such Committee or Committees may be re-constituted.
3. (3) No order shall be made under this section unless,—
   • (a) a copy of the draft of the proposed order has been sent to the society or each of the societies concerned;
   • (b) the Registrar has considered suggestions and objections if any received either from the society or from any member or class of members thereof or from any creditor or class of creditors within such period (not being less than one month from the date on which the copy of the order as aforesaid was received by the society) as the Registrar may fix in that behalf, and has, if necessary, modified the same in the light of such suggestions and objections.
4. (4) The order referred to in sub-section (1) may contain such incidental, consequential and supplemental provisions as may, in the opinion of the Registrar, be necessary to give effect to the amalgamation or re-organisation.
5. (5) Every member of the societies so amalgamated, shall be deemed to be a member of the new amalgamated society, and every member of the society so re-organised shall be deemed to be a member of the new re-organised society and such members shall have all rights, privileges and liabilities of the members of the concerned new societies: Provided that any member of the new society so amalgamated, or re-organised may, within such period and in such manner as may be prescribed, resign his membership of the new society and on such resignation, he shall be entitled to withdraw his share and any other dues and interest in the society.
6. (6) On the issue of an order under sub-section (1) in respect of any societies or society, notwithstanding anything contained in any other law for the time being in force in the Union territory, all the assets, rights and liabilities of the amalgamating societies, or, as the case may be, the original society which is re-organised shall stand transferred to, and vest in, the new amalgamated society, or, as the case may be, the new re -organised society.
7. (7) The provisions of sub-sections (3) and (4) of section 17 and section 19 shall apply in relation to the amalgamation or re-organisation of the societies under this section as if—
   • (i) the order of amalgamation was a resolution of societies concerned with amalgamation; and
   • (ii) the original society was re-organised under section 17.

Where two or more societies have been amalgamated, or a society has been divided or converted, the registration of such societies or society, as the case may be, shall be cancelled on the date of registration of the new society or societies so formed.

Where a compromise or arrangement is proposed—

1. (a) between a society and its creditors; or
2. (b) between a society and its members, the Registrar may, on the application of the society or of any member or of any creditor of the society, or in the case of a society which is being wound up, of the Liquidator, order reconstruction of the society in such manner as may be prescribed.

1. (1) The Registrar shall make an order cancelling the registration of a society, if it transfers the whole of its assets and liabilities to another society, or amalgamates with another society, or divides itself into two or more societies, or if its affairs are wound up or it has not commenced business within a reasonable time of its registration or has ceased to function: Provided that the registration of a society shall not be cancelled, unless such society has been given an opportunity of being heard in the matter.
2. (2) An order made under sub-section (1) shall be published in the Official Gazette.
3. (3) The society shall, from the date of such order of cancellation, be deemed to be dissolved and shall cease to exist as a corporate body.

1. (1) If the Registrar is satisfied that any society is registered on mis -representation made by applicants, or where the work of the society is completed or exhausted or the purposes for which the society has been registered are not served, or any primary agricultural co-operative credit society using the word “bank”, “banking”, “banker” or any other derivative of the word “bank ” in its name, he may, after giving an opportunity of being heard to the society, de-register the society.
2. (2) When a society is de-registered under the provisions of sub-section (1), the Registrar may, notwithstanding anything contained in this Regulation or any other law for the time being in force in the Union territory, make such incidental and consequential orders including appointment of Official Assignee as the circumstances may require.
3. (3) Subject to the provisions of this Regulation and the rules made thereunder, the Official Assignee shall realise the assets and liquidate the liabilities within a period of one year from the date he takes over the charge of property, assets, books, records and other documents, which period may, at the discretion of the Registrar, be extended from time to time, so however, that the total period does not exceed three years in the aggregate.
4. (4) The Official Assignee shall be paid such remuneration and allowances as may be prescribed and he shall not be entitled to any remuneration whatever beyond the prescribed remuneration or allowances.

1. (1) Any two or more societies may, with the prior approval of the Registrar, by resolution passed by three-fourths majority of the members present and voting at a general meeting of each such society, enter into partnership for carrying out any specific business or businesses: Provided that each member of each society has had clear ten days written notice of the resolution, and the date of the meeting.
2. (2) Nothing contained in the Indian Partnership Act, 1932 and Companies Act, 2013 shall apply to such partnership.

1. (1) Any society or societies may, with the prior approval of the Administrator and subject to such terms and conditions as the Administrator may impose, and in such manner as may be prescribed, enter into collaboration with any undertaking or any other undertaking approved by the Administrator for carrying on any specific business or businesses, including industrial investment, financial aid or marketing and management expertise.
2. (2) Before approving any such scheme of collaboration by any society or societies under sub-section (1), the Administrator shall have due regard to the following matters, namely:—
   • (a) that the scheme is economically viable;
   • (b) that it can be implemented without, in any way, eroding the co-operative character of the society or the societies concerned; and
   • (c) that the scheme is in furtherance of the interests of the members of the society or societies concerned, or is in the public interest, and in the interest of

the co- operative movement in general.