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3 |
Application For Registration |
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| 1 |
Every application
for registration of a society under
sub-section (1) of section 6 shall
be made in triplicate in From A. In
Hindi, English or local language and
shall subject to be provision of
sub—rules (2) and (3), be duly
signed by the applicants in
accordance with the provisions of
clauses (a) and (b) of sub-section
(2) of section 6 and accompanied by
:- |
| a |
Four copies of the proposed
bye-laws of the society, |
| b |
A certificate from the financing
bank stating the credit balance in
favour of the proposed society there
in, |
| c |
A list of persons who have
contributed to the share capital,
together with the amount contributed
by each of them and the entrance fee
paid by each of them, |
| d |
Such other documents as may be
specified by the Registrar by a
special or general order |
| 2 |
A scheme showing the details
explaining as to the economic
soundness of the proposed society
Where any member of society to be
registrar is a registered society, a
member of the committee of such
registered society shall be
authorized by the committee by a
resolutions to sign on its behalf
the application for registration and
the bye-laws for registration and a
copy of such resolution duly
certified by the Secretary of the
society shall also be appended to
the application. |
| 3 |
Where any member of a society to
be registered is a firm, company,
corporate body, Societies
Registration Act, 1860 or a public
trust registered under any law for
the time being in force or local
authority, then such firm company,
corporate body, society, public
trust or local authority shall duly
authorized any person to sign on its
behalf the application for
registration and the bye laws and
duly certified copy of the
resolution giving such authorized
shall be appended to the application |
| 4 |
The application for registration
shall mention the name and address
of one of the applicants to whom
correspondence may be addressed by
the Registrar. |
| 5 |
The application shall be sent to
be Registrar to registered post be
delivered in the office by hand. |
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| 4 |
Registration |
| 1 |
On receipt of an application under 3
the registrar shall enter
particulars of the application in
the register of application to be
maintained in From B. give a serial
number to the application and issue
a receipts in the acknowledgment
thereof. |
| 2 |
The Registrar may give, wherever
necessary. Opportunity to the
promoters to modify the proposed
bye-laws before finally registering
the society or rejecting the
application for registration of the
society. |
| 3 |
On registering a society and its
bye laws under sub section (1) of
section 8 the Registrar shall within
six month from the date of
registration, notify the
registration of a society in the
Official Gazette and grant to the
society a certificate of
registration signed by him and
bearing his official seal and
containing the registration number
of the society and the date of its
registration. The registrar shall
also furnish the society with a
certified copy of the bye laws
approved and registered by him. |
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| 5 |
Refusal to register |
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If the Registrar refuses to
register a society, he shall
communicate the order of refusal
together with the season therefore,
by registered post to the applicant
referred to in sub rule (4) of rule
3. |
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| 6 |
Matter in respect of which
Registrar May direct Society to make
bye or a Society may make bye-laws. |
| 1 |
The Registrar may require a
society to make bye laws in respect
of all or any of the following
matters, namely; |
| a) |
name, address and the
branches of the society |
| b) |
Area of operation of the
society; |
| c) |
Objects of the society; |
| d) |
The manner in which and the
limit upto which funds of the
society may be raised, the maximum
share capital which anyone member
may hold and purpose to which funds
may be made applied; |
| e) |
Terms and qualifications for
admission to membership including
entrances fees, if any; |
| f) |
Privileges, right, duties and
liabilities of members including
nominal members; |
| g) |
Consequences of default in
payment of any sum due by a member
to the society; |
| h |
Conditions regarding sale or
disposal of produce of members,
wherever applicable: |
| i |
In ease of credit societies: |
| j |
Maximum loan admissible to a
member; |
| ii |
maximum rate of interest
on loan to member; |
| iii |
condition on which loans may be
granted to members and penalties for
misapplication of loans so advanced; |
| 1v |
procedure for granting extension
of time for repayments of loans and
advances |
| v |
consequences of default in
payment of any sum due; |
| vi |
circumstances under which a loan
may be recalled; |
| j |
In case of non-credit societies,
the mode of conducting business such
manufacture, purchase, sale, stock
taking and other like matters: |
| k |
In case of composite society,
that is to say, a society having
both credit and non credit
functions, matters referred to in
clauses (i) and (j). |
| l |
Mode of holding
general body and committee meeting; |
| m |
Procedure for expulsion of
member; |
| n |
Manner of making, altering and
amending bye laws; |
| o |
Mode of appointment, either by
election or otherwise, removal of
member of members of committee and
other officers and their duties
powers; |
| p |
Chairman’s powers, and duties
function and his removal; |
| q |
Method of recruitment, condition
of service and the authority
competent to fix, revise or regulate
scales of pay and allowances of
employees (including officers) and
servants of the society and the
procedure to be followed on disposal
of disciplinary cases against them; |
| r |
Mode of custody and investment
of funds and mode of keeping
accounts and records |
| s |
Disposal of net profits; |
| t |
Manner in which penalty should
be levied on a member who is found
to be guilty of breach of the bye
laws; |
| u |
appointment of a provisional
committee, where necessary; |
| v |
mode of convening annual and
special general meetings, issue of
notices and the business which may
be transacted threat; |
| w |
in the event of winding up of
the society, the manner in which
surplus assets, if any, shall be
utilized; |
| x |
conduct of elections to
committee and other bodies of a
society, number of members to be
elected by a different
constituencies and appointment of
Returning officers; |
| y |
any other matter incidental to
be management of business of a
society; |
| 2 |
A society may also make bye-laws
in respect of all or any of the
following matters |
| a |
the circumstance under which
withdrawal for membership may be
permitted; |
| b |
procedure to be followed in
cases of withdrawal, ineligibility
and death of member, |
| c |
conditions under which transfer
of share or interest of a member may
be permitted; |
| d |
method of appropriating payments
made by members from whom moneys are
due; |
| e |
authorization of an officer or
officers to sign document and to
institute and defend suits and other
legal proceeding on behalf of the
society; |
| f |
constitution and maintenance of
various funds required to be
maintained under the provision of
the Act and these Rules. |
| g |
Constitution of representative
body consisting of delegates of
members of a society and mode of
election of such delegates to
exercised by such smaller body; |
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| 7 |
First bye laws of a Society
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When a society has been
registered, the bye-laws of a
society as approved and registered |
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| 8 |
Model by-laws |
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The Registrar may prepare model
bye-laws of each class or sub-class
of societies Which may be adopted by
societies with or without changes. |
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| 9 |
Classification of Societies : |
| 1 |
After Registration of a society
the Registrar shall classify a
society into one or other of the
following classes and sub-classes of
societies according to the principle
object provided in its bye-laws; |
| 2 |
Resources society’ means a
society formed with the objects of
obtaining from it member the credit,
goods or services required by them
such as |
| i |
Thrift and Urban Credit Society |
| ii |
Agriculture Credit Society. |
| iii |
Agricultural Non-Credit Society. |
| iv |
Multi- purpose Society which
includes amongst its primary object,
the object of societies referred in
(ii) and (iii) above. |
| v |
Urban Thrift and Credit
co-operative Bank. |
| vi |
Cooperative bank. |
| b |
Producers Society’ means a
society such as, i. Industrial
Producers Society, ii. Weavers
Society, iii. Labour and
Construction Society, iv. Motor
Transport Society, |
| v |
Industrial Service Society,
formed with the object of producing
and disposing of goods as the
collective property of its members
and includes a society formed with
the object of the collective
disposal of the labour of the
members of such society. |
| c |
Consumer Society’ means a
society formed with the object of
obtaining and distributing goods to
or of performing services for its
members, as well as to other
consumers within the area operation
specified in the bye-laws, and of
dividing among its members and
customers in a proportion prescribes
by the rules or the bye laws of such
society, the profits accruing from
such supply and distribution. |
| d |
Processing Society’ means a
society the object of which is the
processing of goods by mechanical or
manual process. |
| e |
‘Marketing Society’ means a
society formed for the purpose of
marketing agricultural or other
produce and includes amongst its
object, the supply of the requisites
of such production, |
| f |
Joint Farming Society’ means a
society is which the object of
increasing agricultural producing,
employment, income and better
utilization of resources, land held
by members is pooled together and is
jointly cultivated by the members on
behalf of the society. |
| g |
Collective Farming Society’
means a society in which with the
object of increasing agricultural
producing land is acquired from
outside in the name of the society
and is collectively and jointly
cultivated by the members themselves
on the behalf of the society. |
| h |
Co-Operative Union’ means a
society which has its principal
object the undertaking of
co-operative education education,
propaganda and training. |
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Others |
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Note ; If any society classified
as above is a federal society it may
be classified as apex society. |
| 2 |
If the Registrar alter the
classification of the society from
one class of society to another, or
from one sub-class thereof to
another. He shall issue the society
a copy of his order Provided that no
such order shall be made without
sufficient opportunity being given
to the society to express its views
in the matter and the views so
expressed are taken into
consideration by the Registrar. |
| 3 |
A society may, in its general
body meeting resolve by a two- third
majority to convert it—self into a
society of a class different from
the one to which it belong. Such
1resolution shall also include
amendments to the bye-laws proposed
for adoption by the society on such
conversion and a copy of the
resolution shall be sent to all
members and creditors of the society |
| 4 |
Any member or creditor may,
within a period of one month from
the date of receipt by him of the
resolution mentioned in sub-rule
(3), intimate in writing his
intention to withdraw his share or
interest in a society. |
| 5 |
After the expiry of two month
from the date of dispatch of the
resolution referred in sub-rule (3)
to its members and creditors, the
society shall convene a general
meeting by giving fifteen days
considering such resolution. If, at
such meeting the said resolution is
confirmed by two-thirds of the
members present and voting. Either
with or without changes, the
Registrar, on receipt of a copy of
such resolution duly certified and
after satisfying himself that the
claims of members who desires to
withdraw their shares or interest
under sub rule (4) have been met in
full register the amendment to the
bye laws and on such registration
the conversion shall be deemed to
have taken effects. |
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Maintenance of Register: |
| 1 |
The Register shall
maintain a register of all societies
or deemed to be registered under the
Act in From C. |
| 2 |
The Registrar shall assign for
each or sub of societies a code
symbol for giving registration
number to societies and the
societies shall be registered from
the date specified by him. |
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Registration File : |
| 1 |
Every societies shall keep at
its registered office a registration
file containing:- |
| a |
Registered bye-laws of the
societies. |
| b |
An index of amendment to the
bye-laws |
| c |
An index of amendment to the
bye-laws duly entered in the index
along with certificates of
registration of amendment. |
| d |
An index of amendment of
bye-laws |
| e |
a copy of the Act. |
| f |
A copy of these Rules. |
| 2 |
The above file shall be open for
inspection at all times during
working hours to the Registrar or
any other officer authorized by him
and every member of the society |
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| 12 |
Amendment of Bye-laws |
| 1 |
Subject to the provisions of
this rules and section 11 (1) of the
at, the bye—laws of a society may be
amended by passing a resolution at
the general meeting of the society
held for the purposed. |
| 2 |
The society shall give notice of
not less than 14 days of the
proposed amendment to all the
members for their considerations. |
| 3 |
An amendment shall be deemed to
have been duly passed if a
resolution in that behalf is passed
at general meeting by not less than
two –third of the members present
voting. |
| 4 |
After a resolution is passed a
cop[y therefore shall, within a
period of two month from the date of
the meting at which the resolution
was passed, be furnished to the
Registrar along with. |
| a |
a copy of the bye laws in forces
with amendment proposed to be made
in pursuance of the resolution
together with reasons for which
amendment: |
| b |
four copies of the text of the
amendments, certified by officers
duly authorized in this behalf by
the committee of a society: |
| c |
a copy of notice given to
members of the society of the
proposal to amend the bye laws; and |
| d |
such other information as may be
required by the registrar. |
| 5 |
On receipt of a copy of the
resolution and other particulars
referred to in sub-rule |
| 4 |
the registrar shall examine the
amendment proposed by the society
and if he is satisfied that
amendment are not contrary to the
provision of the Act and these
Rules, and if he is he may register
the amendment and issue to the
society a copy of the registered
amendment together with a
certificate signed by him under
sub-section (3) of section 11. Where
the Registrar is of the option that
the proposed amendment may be accept
subject to any modification. Be may
indicate to a society such
modification after explaining in
written the reasons therefore and
required the general body to pass a
fresh resolution adopting the
modified amendment, |
| 6 |
where the Registrar refuses to
register the proposed amendment to
the bye-laws he shall issue an order
stating the reasons for the refusal
and such order shall be sent by
registered post to the society. |
| 7 |
An appeal against the
Registrar’s order refusing to
register any amendment to the
bye—laws of a society shall be made
only after a meeting of the general
body of the society has reconsidered
the matter and has decided to prefer
an appeal which shall be signed by
an officer of a society authorized
in this behalf by the general
meeting. A copy of the resolution of
the general body shall be attached
with the memorandum of appeal. |
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Procedure for direction by
Register for amendment of bye-laws: |
| 1 |
Where it appears to the
registrar that an amendment of the
bye-laws of a society is necessary,
he shall indicate the reason
therefore, and issue a notice
calling upon the committee of such
society to convener a general
meeting to consider such amendment. |
| 2 |
The notice referred to in
sub-rule (1) shall specify- |
| a |
the text of the existing bye law
and the amendment proposed to it, or
the text of the existing bye-laws is
proposed to be deleted; and |
| b |
the period within which such
amendment should be sent to the
registered for registration after
getting it passed by the general
meeting. |
| 3 |
Where a society files and
objection to the proposed amendment,
such an objection shall be duly
considered by the Registrar and if
the committee desire to be heard, it
shall be given an opportunity of
being heard. The Registrar may,
after considering the representation
of the society, register the
amendment with or without any
modification as he shall deem fit. |
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Change in name of Society: |
| 1 |
The name 0f the society may be
changed under Section 14 so however
that it does not refer to any caste
or religion denomination and is not
inconsistent with the objects of a
society. |
| 2 |
Every change
in the name of a society shall be
made by an amendment of its bye-laws
and shall be notified in the
Official Gazette. |
| 3 |
After the change in the name is
approved by the Registrar, the
society shall send to the Registrar
original certificate to the society
after duly amending to same. |
| 4 |
The Registrar shall enter
the new name in the register of
societies maintained by him. |
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Change of liability |
| 1 |
An amendment to the bye-laws of
a society to change the form and
extent of its liability shall be
made by passing a resolution in the
behalf at a general meeting of the
society. Thirty days notice in
written of such meeting shall be
given to all its members together
with copies of the resolution
proposed to be moved at the meeting.
After the resolution is duly passed,
a copy thereof shall be sent to be
Registrar within thirty days of its
passing. |
| 2 |
The notice to be given by a
society under sub-section (3) of
section 15 shall be sent by post
under certificate of posting to the
address of each of its members and
creditors as recorded in the books
of the society. A copy of such
notice shall be exhibited on the
notice broad of the society and a
copy shall also be sent to the
Registrar for exhibition on the
notice board in his office,, and
thereupon, the notice under sub
section (3) of section 15 stall be
deemed to have been duly given to
all its members and creditors,
notwithstanding that any of them has
not received the notice for any
reason whatsoever.
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| 3 |
For the purpose of
determining the claims a member
under clause (b) of sub-section (4)
of section 15 the value of the
shares of a member in the society
shall be ascertained as follows :- |
| a |
In the case of a society with
limited liability, the value of the
share shall be the actual amount
received by a society in respect of
such share, |
| b |
In the case of a society with
limited liability, the value of the
share shall be the amount arrived at
by a valuation based on the
financial position to the society as
shown received by a society in
respect of such share. |
| 4 |
Any member or creditors desiring
his option under dub-section (2) of
section 15 shall inform a society
accordingly in writing and when he
does not propose to withdraw his
entries shares, deposits or loans,
the member or creditor shall clearly
indicate in writing the extent of
his withdrawal. A society shall
examine and drawn up a scheme for
orderly payment of all claims in an
equitable manner including shares.
The scheme may also provide for
settlement of claims by mutual
agreement or undesirability, the
resolution passed by a society under
sub rule (1) shall be ineffective
and the form and extent of liability
of a society shall not to be deemed
to be changed in accordance with
resolution passed aforesaid. |
| 5 |
After the Registrar approves the
scheme, a society shall make
payments to members and creditors as
provided in clause (b) of
sub-section (4) of section 15 make a
report to that effect to the
Registrar and furnish the Registrar
with a proposal to amend the
bye-laws of a society duly passed in
that behalf on receipt of the
proposal the Registrar shall
register amendment in accordance
with the provisions of section 15, |
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Amalgamation, transfer
of assets and liabilities or
division of societies : |
| 1 |
Every society desiring to effect
amalgamation, transfer of assets and
liabilities or division shall make
an application to the Registrar in
that behalf giving full details
about such amalgamation, transfer or
division as the case may be. |
| 2 |
On receipt of such application
the Registrar may, after examining
the details furnished in the
application and other particulars
which the may call upon the society
to furnish, give his approval to the
proposal, if he is satisfied that
the proposal is in the interest of
the society. |
| 3 |
After the receipt of Registrar’s
approval under sub-rule (2),, the
society shall convene a special
general meeting by giving 15 days
notice to all its members and pass a
resolution for such amalgamation,
transfer of assets and liabilities
shall contain all the details as
provided in sub-section (3) of
section 16. |
| 4 |
The society shall on complying
with all the requirement of
sub-section (4). (5) and (6) of
section 16 of the Act, submit a
report to the Registrar of such
compliance and request him to give
effect to its decision for
amalgamation, transfer or division,
the registration of the societies
which have been amalgamated or whose
whole of the assets and liabilities
have been transferred. |
| 5 |
On receipt of the report from
the society under sub-rule (4) the
Registrar shall after satisfying
himself that the society has
complied with all the requirements
of section 16, register the
amalgamated or divided
society/societies and divided or
whose whole of the assets and
liabilities have been transferred. |
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Direction by Registrar for
amalgamation and reorganization of
societies: |
| 1 |
Before issuing
any other under sub-section (1) of
section 17 providing for
amalgamation or reorganization of
any society, the Registrar shall
prepare a draft scheme in respect of
such amalgamation or reorganization,
stating in particular the manner in
which the new committee or
committees of the society or
societies resulting from such order
and notice, by registered post to
such society or societies,
Every society or receiving a copy of
an order and notice shall exhibit it
on its notice broad calling for
objections or suggestions, if any,
the scheme from the members,
depositors, employees, creditors or
other persons concerned within 15
days from the date the notice is put
on the notice broad.
The society or societies concerned
shall submit to the Registrar such
objection, or suggestions together
with its own suggestion or
objections, if any, within a period
of two month from the date on which
a copy of the draft aforesaid was
received by it. |
| 2 |
The Registrar shall also
expeditiously send a copy order to
the financing back of which such
society or societies may be member
or members. |
| 3 |
The Registrar shall consider all
such suggestions and objections and
make the modification in the draft
order as it may seem to be desirable
in the light of those suggestion and
objections and them issue a final
order sub-section (1) of section 17 |
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