Bare Acts

REGISTRATION


3. The Registrar.—The State Government may appoint a person to be Registrar of Co-operative
Societies for the State or any portion of it, and may appoint persons to assist such Registrar, and may, by
general or special order, confer on any such persons all or any of the powers of a Registrar under this Act.
4. Societies which may be registered.—Subject to the provisions hereinafter contained, a society
which has as its object the promotion of the economic interests of its members in accordance with
co-operative principles, or a society established with the object of facilitating the operations of such a
society, may be registered under this Act with or without limited liability:
Provided that unless the State Government by general or special order otherwise directs—
(1) the liability of a society of which a member is a registered society shall be limited;
(2) the liability of a society of which the object is the creation of funds to be lent to its members,
and of which the majority of the members are agriculturists, and of which no member is a registered
society, shall be unlimited.
5. Restrictions on interest of member of society with limited liability and a share capital.—Where
the liability of the members of a society is limited by shares, no member other than a registered society
shall—
(a) hold more than such portion of the share capital of the society, subject to a maximum of onefifth, as may be prescribed by the rules; or
(b) have or claim any interest in the shares of the society exceeding one thousand rupees.
6. Conditions of registration.—(1) No society, other than a society of which a member is a 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 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, caste, or
occupation.
(2) The word “limited” shall be the last word in the name of every society with limited liability
registered under this Act.
7. Power of Registrar to decide certain questions.—When any question arises whether for the
purposes of this Act a person is an agriculturist or a non-agriculturist, or whether any person is a resident
in a town or village or group of villages, or whether two or more villages shall be considered to form a
group, or whether any person belongs to any particular tribe, class, caste or occupation, the question shall
be decided by the Registrar, whose decision shall be final.
8. Application for registration.—(1) For purposes of registration an application to register shall be
made to the Registrar.
(2) The application shall be signed—
(a) in the case of a society of which no member is a registered society by at least ten persons
qualified in accordance with the requirements of section 6, sub-section (1); and
(b) in the case of a society of which a member 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, when there are less than ten other members, by all of them.
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(3) The application shall be accompanied by a copy of the proposed by-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.
9. Registration.—If the Registrar is satisfied that a society has complied with the provisions of this
Act and the rules and that its proposed by-laws are not contrary to the Act or to the rules, he may, if he
thinks fit, register the society and its by-laws.
10. 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.
11. Amendment of the by-laws of a registered society.—(1) No amendment of the by-laws of a
registered society shall be valid until the same has been registered under this Act, for which purpose a
copy of the amendment shall be forwarded to the Registrar.
(2) If the Registrar is satisfied that any amendment of the by-laws is not contrary to this Act or to the
rules, he may, if he thinks fit, register the amendment.
(3) When the Registrar registers an amendment of the by-laws of a registered society, he shall issue
to the society a copy of the amendment certified by him, which shall be conclusive evidence that the same
is duly registered.
 

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