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486 views • Question added Jan 27, 2012 • Corporate Law • By amit87.gupta , CS , Delhi


hi everyone i am suffering from a problem regarding the name availabitlity and registration place of the society in Karnal ( haryana). plz elaborate this.




thanks and regards
Amit Gupta
+917503337939, +919466634791

5 Answers

answered Jan 27, 2012 by lavina bajaj , Mumbai

Societies which may be registered :-(1) Subject to the provisions hereinafter contained a society which has its object the promotion of the economic interests of its members in accordance with cooperative principles as prescribed or a society established with the object of facilitating the operations of such society, may be registered under this Act with or without limited liability :
Provided that, unless the Government by general or special order otherwise directs, the liability of the society of which a member is a co-operative society shall be limited.
(2) The word “limited” or its equivalent in any Indian language shall be the last word in the name of every society registered under this Act with limited liability.

Restrictions on registration:- No society, other than a society of which a member is a co-operative society, shall be registered under this Act, unless it consists of at least ten individuals above the age of eighteen years or such other higher number of individuals, as may be determined by the Registrar, in each case, from time to time, belonging to such number of families as prescribed:
Provided that for any employment scheme made by the Government, the Registrar may register a society consisting of five individuals above the age of eighteen years.

Application for registration:- (1) For purposes of registration, an application in
prescribed form along with proposed bye-laws 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 co-operative society, by at least ten persons qualified in accordance with the requirements of section 5; and
(b) in the case of society of which a member is a co-operative society, by a duly authorized person on behalf of every such society and where all the members of the society are not co-operative societies by ten other members, or when there are less than ten other members, by all of them.

Registration:- (1) If the Registrar is satisfied –
(a) that the application complies with the provisions of this Act and the Rules;
(b) that the objects of the proposed society are in accordance with section 4;
(c) that the proposed bye-laws are not contrary to the provisions of this Act and the rules; and
(d) that the proposed society has reasonable chances of success; the Registrar may register the society and its bye-laws.
(2) Where the Registrar refuses to register a society, he shall communicate within a period of one month from the date of receipt of the application for registration, the order of refusal together with the reasons thereof to such of the applicants as may be prescribed:

Provided that no order of refusal shall be made unless the applicant has been given a reasonable opportunity of being heard:

Provided further that if the application for registration is not disposed of within a period of one month specified in sub-section (2) or the Registrar fails to communicate the order of refusal within the said period, the application shall be deemed to have been accepted for registration and the Registrar shall issue the registration certificate in accordance with the provision of this Act and the rules made there under.

Power of Registrar to decide certain matters :- Where in connection with the formation, registration or the admission of a member, a question arises whether a person resides in the area of operation of the society or whether a person belongs to a particular class or occupation or such other matter pertaining to the eligibility of the person to become a member of the society, such question shall be decided by the Registrar and his decision in this regard shall be final.

Registration certificate:- Where a society is registered under this Act, the Registrar shall issue a certificate of registration signed by him which shall be conclusive evidence that the co-operative society therein mentioned is duly registered under this Act.


answered Jul 02, 2012 by Rambabu Senkarasetti , Guntur

I agree with above answer.


answered Jul 02, 2012 by Rambabu Senkarasetti , Guntur

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answered Jul 02, 2012 by Rambabu Senkarasetti , Guntur

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answered Jul 02, 2012 by Rambabu Senkarasetti , Guntur

.


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