Registration

Ø      Issue of Registration Certificate

  

(a)    Upon the proposal being complete and upon the Registration Authority being satisfied, as aforesaid, he is under an obligation under Section 59(1) of the Act, to register such Society within two months from the date of lodging of the application with Registration Authority. If the registration is not completed within 2 months as aforesaid, then within a period of 15 days from the expiration of the time limit, the Registration Authority is under an obligation to forward the proposal for registration to the Government for further action.

(b)   Upon registration of a Society under Section 9. Maharashtra Co-operative Societies Act, 1960 the Registration Authority should grant to the Society a certificate of its registration together with a certified copy of the approved bye-laws.

Ø      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. So long the registration of the society stands and so long as it was not cancelled by the Registrar, the said Certificate evidence of the fact that the society was duly registered.

  

Ø      De-registration of societies

      As per Section 21A, if the Registrar is satisfied that any society is registered on a misrepresentation made by applicants or that the work of the society is completed or exhausted or the purpose for which the society has been registration are not being served, he may, after giving an opportunity of being heard to the Chief Promoter, the committee and the members of the society, de-register the society.

      De-registration of Co-op. Society: Show – cause notice necessary

      De-registration of Co-op. Society under above referred Section of the Act, 1960 will have civil consequences and therefore before passing any order to that effect the principles of natural justice are required to be followed. Even though there is no specific provision in the said Section for issuing show cause notice, in the interest of the principles of natural justice, prior notice is required before taking any final action. It was held that the occupant of the premises and his/her capacity is not relevant for registration. Therefore, it was held by the Single Bench that non-disclosure of above referred information cannot be treated as suppression of facts or information.

Ø      Societies are bodies corporate

     

      Section 36 makes every registered society a corporate body having perpetual succession and a common seal. The Society as a corporate body acts through committee for management with the rest of authority being rested in general body of members at meetings.

An unincorporated association of persons which is not yet registered as a co-operative society cannot sue in its proposed name or through the promoters/ chief promoter without obtaining leave to defend under Order 1 Rule 8 of CPC. Application dismissed.