REGISTRATION OF HOUSING SOCIETY (PART 3) to be continue....

                               

CONDITIONS OF REGISTRATION

            As per section 6(1) No society, other than a federal society, shall be registered under this Act, unless it consists of at least ten persons [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 resides in the area of operation of society:

[Provided that, lift irrigation society consisting of less than than ten but of five or more such persons may be registered under this Act.]

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

[(2-A) 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 crops, structures, machinery implements and other equipment such as those for pumping water no the land, was duly published for inviting all owners of land 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 lass than 66 percent in the aggregate of included in the proposal have give their consenting editing to the making of 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 land 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 lands the areas included in the proposal;

(c)    statement 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 liable 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 purpose of this section and section 8, the expression “member of family” means wife, husband, father, mother, [son, or unmarried daughter]

POWER TO EXEMPT SOCIETIES [OR CLASS OF SOCIETIES] FROM CONDITIONS AS TO REGISTRATION

As per section7, notwithstanding anything contained in this Act, the State Government may, 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.

APPLICATION FOR REGISTRATION

As per section 8(1) For the purpose of registration, an application shall be made to the Registrar in the prescribed form and shall be accompanied by four copies of the proposed bye-laws of the society and such registration fee as may prescribed in this behalf. Different registration fees may be prescribed for different class of societies, regard being had to the service involved in processing an application for registration. The person by whom, or on behalf, such application is made, shall furnish such information in regard to the society, as the registrar may require.

(2) The application may be signed-

a) in case of a society other than a federal society by at least ten persons (each of such person being a member of 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 any 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 resolution to sign on its behalf the application for registration of the society and its bye-laws; and a copy of such resolution is appended to the application.

REGISTRATION

            As per section 9(1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the Rules, [or any other law for the time being in force, or policy directives issued by the State Government under section4], and that its proposed bye-laws are not contrary to this Act or to the rules, he [shall, within two months], from the date of receipt of application register the society and its bye-laws.

(2) Where there is a failure on the part of the Registrar to dispose off such application within the period or fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar is himself the registering officer, to the State Government, who are 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 Sate Government, as the case may be, to dispose of the application within that period, the society and its bye-laws shall be deemed to have been registered.[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 forthwith communicate his decision, with reasons therefore, to the person making the application and if there be more than one to the person who was has signed first therein.

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