The Maharashtra Cooperative Societies Act 1960

Chapter: II - REGISTRATION

Section 3 to 11


Section 3 - Registrar 1 [and his subordinates]

The State Government may appoint a person to be the Registrar of Co-operative Societies for the State; and may appoint one or more persons to assist such Registrar 2 [with such designations,and in such local areas or throughout the State, as it may specify in that behalf,] and may, by general or special order, confer on any such person or persons all or any of the powers of the Registrar under this Act. The person or persons so appointed to assist the Registrar and on whom any powers of the Registrar are conferred, shall work under the general guidance, superintendence and control of the Registrar. 3 They shall be subordinate to the Registrar, and subordination of such persons amongst themselves shall be such as may be determined by the State Government.

Footnote:
1. These words were added, by Mah. 27of 1969,s. 3(c).
2. These words were inserted by Mah. 27of 1969,s. 3(a).
3. These words were added, by Mah. 27of 1969,s. 3(b)

1 Section 3A - Temporary vacancies

If the Registrar or a person appointed to assist such Registrar is disabled from performing his duties or for any reason vacates his office or leaves his jurisdiction or dies, then--
(a) in the case of the Registrar, the Additional or Joint Registrar, in the office of the Registrar, and
(b) in the case of a person appointed to assist the Registrar, the senior most officer holding the next higher post, in the respective office, shall, unless other provision has been made in that behalf, hold temporarily the office of the Registrar or, as the case may be, of the person appointed to assist the Registrar in addition to his own office and shall be held to be the Registrar or the person appointed to assist the Registrar under this Act, until the Registrar or the person appointed to assist the Registrar resumes his office, or until such time as the successor is duly appointed and takes charge of his appointment.

Footnote:
1. Section 3A was inserted by Mah. 20 of 1986, s. 3.

Section 4 - Societies which may be registered

A society, which has as its objects the promotion of the economic interests or general welfare of its members, or of the public, in accordance will co-operative principles, or a society established with the object of facilitating the operations of any such society, may be registered under this Act;
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 on development 1 [of the co-operative movement, or the registration of which may be contrary to the policy directives which the State Government may, from time to time, issue.]

Footnote:
1. These words were substituted for the words "of the co-operative movement," by Mah.20 of 1986, s. 4.

Section 5 - Registration with limited or unlimited liability

A society may be registered with limited or unlimited liability.

Section 6 - Conditions of registration

(1) No society, other than a federal society, shall be registered under this Act, unless it consists of at least ten persons 1 [or such higher number of persons as the Registrar may, having regard to the objects and economic viability 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 Act, and who reside in the area of operation of the society:
2 [Provided that, a lift irrigation society consisting of less than ten but of five or more such persons may be registered under this Act.]

(2) No society with unlimited liability shall be registered, unless all persons forming the society reside in the same town or village, or in the same group of villages.

3 (2A) No crop protection society shall be registered, unless the Registrar is satisfied, after such inquiry, as he thinks necessary, that a draft of the proposal made by the society for protecting the crops, structures, machinery, agricultural implements and other equipment such as those used for pumping water on the land, was duly published for inviting all owners of lands likely to be affected by the proposal and all other persons likely to be interested in the said lands to join the proposal or to send their objections or suggestions and that the objections and suggestions received, if any, have been duly considered by the society and that the owners in possession of not less than 66 percent in the aggregate of the lands included in the proposal have given their consent in writing to the making of the proposal and that the proposal made is feasible. For this purpose, the society shall submit to the Registrar.:--
(a) a plan showing the area covered by the proposal and the surrounding lands as shown in the map or maps of the village or villages affected;
(b) an extract from the record of rights duly certified showing the names of the owners of the lands and the areas of the lands included in the proposal;
(c) statements of such of the owners of the lands as consented to the making of the proposal signed by owners before two witnesses;
(d) a detailed estimate of the cost of implementing the proposal;
(e) a detailed statement showing how the cost is proposed to be met.

When such society is registered, the cost of implementing the proposal shall be met wholly or in part by contribution to be levied by the society from each owner of the land included in the proposal, including any such owner who may have refused to become a member of the society. The owner of every land included in the proposal shall also be primarily liable for the payment of the contribution leviable from time to time in respect of such land.

(3) No federal society shall be registered unless it has at least five societies as its members.

(4) Nothing in this Act shall be deemed to affect the registration of any society made before the commencement of this Act.

(5) The word 'limited' or "unlimited" shall be the last word in the name of every society with limited or unlimited liability, as the case may be, which is registered or deemed to be registered under this Act.
Explanation.-- For the purposes of this section and section 8 the expression "member of a family" means a wife, husband, father, mother, 4 [son, or unmarried daughter.]

Footnote:
1. These words were inserted by Mah. 20 of 1986, s. 5.
2. This provison was added, by Mah. 27 of 1969, s. 4(a).
3. Sub-section ( 2A) was inserted, by Mah. 27 of 1969, s. 4(b).
4. These words were substituted for the portion beginning with "grand-father, grandmother" and ending with "wife of brother or half-brother" by Mah. 33 of 1963, s. 3.

Section 7 - Power to exempt societies 1 [or class of societies] from conditions as to registration

Notwithstanding anything contained in this Act, the State Government may, 2 [by general or special order, exempt any society or class of societies from any of the requirements of this Act as to registration, subject to such conditions (if any) as it may impose.]

Footnote:
1. These words were inserted, by Mah. 27 of 1969, s. 5(b).
2. This portion was sub stituted for the original portion by Mah. 27 of 1969, s. 5 (a). 4.

Section 8 - Power to exempt societies or class of societies from conditions as to registration

(1) For the purposes of registration, an application shall be made to the Registrar in the prescribed form, and shall be accompanied by four copies of the proposed by-laws of the society 1 [and such registration fee as may be prescribed in this behalf. Different registration fees may be prescribed for different classes of societies, regard being had to the service involved in processing an application for registration]. 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) 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 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 person 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 bylaws; and a copy of such resolution is appended to the application.

Footnote:
1. These words were inserted by Mah. 3 of 1974, s. 3.

Section 9 - Registration

(1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the rules, 1 [or any other law for the time being in force, or policy directives issued by the State Government under section 4] and that its proposed by-laws are not contrary to this Act or to the rules, he 2 [shall, within two months], from the date of receipt of the application register the society and its by-laws.

3 (2) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the society and its by-laws shall be deemed to have been registered. 4 [and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days.]

(3) Where the Registrar refuses to register a proposed society, he shall forth-with communicate his decision, with the reasons therefor, to the person making the application and if there be more than one to the person who has signed first thereon.

(4) The Registrar shall maintain a register of all societies registered, or deemed to be registered, under this Act.

Footnote:
1. These words and figures were inserted by Mah. 20 of 1986, 6(a)(i).
2. These words were sub stituted for the words "may, within six months," by Mah. 20 of 1986, s. 6(a)(ii).
3. Sub -section ( 2) was sub stituted for the original, by Mah. 20 of 1986. s. 6(b).
4. These words were added by Mah. 7 of 1997, s. 2

Section 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.

Section 11 - Power of Registrar to decide certain questions

When, 1 [* * * * *] any question arises whether a person is an agriculturist or not, or whether any person resides in the area of operation of the society or not,

2 or whether a person is or is not engaged in or carrying on any profession, business or employment, or whether a person belongs or does not belong to such class of persons as declared under sub-section (1A) of section 22 and has or has not incurred a disqualification under that sub-section, such question shall be decided by the Registrar 3 [and his decision shall be final, but no decision adverse to any such person shall be given without giving him an opportunity of being heard.]

Footnote:
1. The words "for the purpose of the formation, or registration or continuance, of a society." were deleted, by Mah. 20 of 1986, a. 7(a).
2. These words were inserted, by Mah. 20 of 1986, s. 7(b).
3. These words were inserted, by Mah. 3 of 1974, s. 4.

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