REGISTRATION OF HOUSING SOCIETY (PART 3)

PROVISIONS FOR REGISTRATION OF

CO-OPERATIVE SOCIETIES

There are different types of Co-operative societies, which can be registered under the Maharashtra Co-operative Society Act, which were explained earlier.

In all these types of societies, the procedure to be followed for formulation of registration proposals slightly differs. The requirement in respect type of co-operative society’s needs to be properly understood by every promoter, or the professional charged with the responsibility of getting the society registered (shift promoter).

PROVISINS UNDER THE M.C.S.ACT, 1960

        Sections 3 to 11 of the Act provide for registration of Societies and the conditions for the same. Section 4 provide for a nature of an organization, which can be registered as a Society. Section 6 lays down the conditions for registration of the Society. Section 8 provides for application for registration bye-laws and the registration fees. Section 9 provide for time bound registration of the Society and the bye-laws.

JURISDICTION

             Each Society based on its area of operation has to be registered by the Registrar appointed by the Government for the particular jurisdiction.

For the purpose of registration of the Societies the City of Mumbai has been divided as per the Municipal Wards. There is a Deputy or Assistant Registrar of Co-operative Societies for each Ward is the Registration Authority of the Co-operative Societies in that Ward. Normally the office of such Registering Authority (RA) is situated within thee limits of such Ward. However if no space is available for the office of the RA in any ward the office of RA of such Ward is at the office of Deputy Registrar Co-operative Societies Malhotra House 6^th floor opposite GPO Mumbai. Other place in each Taluka one Deputy/Assistant Registrar, Registers & Supervises the Societies.

SOCIETIES WHACH MAY BE REGISTRED

As per section 4, a society, which has as its object the promotion of the economic interests or general welfare of its member or of the public, in accordance with 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 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.

REGISTRATION WITH LIMITED OR UNLIMITED LAIBILITY

As per section 5, a Society may be registered with limited or unlimited liability.

As per section 2[28] “society with limited liability” means a society having the liability of its members limited by its bye-laws;

As per section 2[29] “society with unlimited liability” means a society, the members of which are, in the event of its being wound up, jointly and severally liable for and in respect of its obligations and to contribute to any deficiency in the assets of the society