Application for registration

(1) (i) Where not less than ten individuals each 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 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. (iii) Where two or 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 or more Cooperative federations 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 intends 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 in accordance with section 9, may apply for registration under this Act. (2) An application for registration shall be submitted to the Registrar. (3) Every such application shall be accompanied by - ( a) two copies of the proposed bye-laws of the Cooperative Society as adopted by the promoting 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 promoting 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 is not in possession of any share capital from Government, and evidence also to show that the society is 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 or guarantees; and (f) registration fee amounting to one per cent of the total authorised share capital by whatever name called subject to a minimum of Rs. 100 and a maximum of Rs. 10,000. (4) The Registrar shall, if he is satisfied that (a) the application is in conformity with the requirements 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 by-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 or refusal together with the reasons thereof, within ninety days from the date of submission of application, to the Chief Promoter. In case no refusal is communicated within the said period, the Cooperative Society shall be deemed to be registered and in that event the Registrar shall send a certificate of deemed registration and the original copy of deemed registered bylaws signed and sealed by him within a period of one month. (6) Where an order of refusal is received by the applicants under sub-section (5), or the certificate of deemed registration is not received by the applicants 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 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.