Chapter II REGISTRATION

Notwithstanding anything contained in this Act the State Govamment may by special order in each case, exempt subject to such conditions (if any) as it may impose. any society from any of the requirements of this Act as to registration.

(1) For the purpose of registration, 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. 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) 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 difi'erent family), Who are qualified under this Act, and (b) in the case of a federal society, by at least five Societies. No signature to an application on behalf of a society shall be valid, unless the peracn signing is a member of the committee of such a. society, and is authorised by the 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) If it appears to the Registrar that an amendment of the bye-laws of the society is necessary or desirable in the interest of such society, he may call upon the society; in the manner prescribed, to make the amendment within Such time as he may specify. (2) If the society fails to make the amendment Within the time specified, the Registrar may, after giving the society an opportunity of being heard register such amendment, and issue to the society a copy of such amendment certified by him, 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 SO amended shall, subject to appeal (if any) be binding on the society and its members.

(1) 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; and any legal proceedings pending before any person, authority or court may be continued by or against the society, under its new name. (2) Where a Society changes its name, the Registrar shall enter the name in its place in the register of societies and shall also amend the certificate of registration accordingly.

(1) Subject to the provision of this Act and the Rules, a society may by amendment of its bye-laws, change the form or extent of its liability. (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 member and creditors and notwithstanding anything in any bye-law or contract to the contrary, any member or creditor shall, during a period of one month from the date of serving of such notice upon him, have the option of withdrawing his shares, deposits or loans. (3) (a) 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. (b) 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— (i) all members and creditors have assented, or deemed to have aSSented, thereto as aforesaid, or (ii) all claims of members and creditors who exercise the option given by sub-Section (2) within the period specified therein have been met in full or otherwise satisfied.

(1) A society may, with the previous approval of the Registrar, 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 ; (b) to transfer its assets and liabilities, in Whole or part, to any other society ; (c) to divide itself into two or more societies, or (d) to convert itself into another class of society ; Provided that when such amalgamation, transfer, division or conversion, aforesaid, involves, a transfer of the liabilities of a Society to any other society, no order on the resolution shall be passed by the Registrar, unless he is satisfied that :— (i) the society, after passing such resolution, has given notice thereof in such manner as may be prescribed, to all its members, creditors and other persons whose interest are likely to be affected (hereinafter, in this Section referred to as “other interested perSOns” ), giving them the option, to be exercised within one month from the date of Such notice, of becoming members of any of the new societies, or continuing their membership in the amalgamated or converted society, or demanding payment of their share or interest or dues, as the case may be, (ii) all the members and creditors and other interested person, have assented to the decision, or deemed to have assented thereto by virtue of any member or creditor or any other interested persons, have assented to the decision, or deemed to have assented thereto by virtue of any member or creditor or any other interested person failing to exercise his option within the period specified in clause (i) aforesaid, and (iii) all claims of members and creditors and other interested persons, who exercise the option within the period specified, have been met in full or otherwise satisfied. (2) Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Indian 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 reSolutions 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. (3) The amalgamation of societies, or division or conversion of a society shall not affect any rights or obligation of the societies so by or against the amalgamated society, or, as the case may be, the converted society, or the new societies. (4) Where two or more societies have been amalgamated, or a society has been divided or converted, the registration of such societies or society shall stand cancelled on the date of registration of the amalgamated society, or the converted society, or the new societies between Which the society may have been divided.

(1) Where the Registrar is satisfied that it is essential in the public interest, or in the interest of the CO-operative Movement, or for the purpose of securing the proper management of any society that two or more societies should amalgamate or any society should be divided to form two or more societies or should be reorganised then not withstanding anything contained in the last preceding section but subject to the provisions of this section, the Registrar may after consulting such federal society as he thinks necessary provide for the amalgamation, division or reorganisation of these societies into a single society with such constitution, property, rights, interests and authorities, and such liabilities, duties and obligations, as may be specified in the order. (2) No order shall be made under this section, unless :— (a) a copy of the proposed order has been sent in draft to the society or each of the societies concerned ; (b) the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions and objections which may be received by him within such period (not being less than two months 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, either from the society or from any member or class of members thereof or from any creditor or class of creditors. (3) The order referred to in subsection (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, division or re-organisation. (4) Every member or creditor of each of the societies to be amalgamated, divided or re-organised, Who has objected to the scheme of amalgamation, division or reorganisation, within the period specified, shall be entitled to receive on the issue of the order of amalgamation or reorganisation his share or interest if he be a member, and the amount in satisfaction of his dues if he be a creditor. (5) On the issue of an order under sub-section (1), the provisions in subsections (2), (3) and (4) of section 17 shall apply, to the societies so amalgamated, divided or re-organised as if they were amalgamated, divided or re-organised under the section, and to the society amalgamated, divided or re-organised.

Where a proposal for a compromise or arrangement :— (a) between a society and its creditors, or