(1) For the purpose of registration, an application thereof shall be submitted to the Registrar in the form as may be prescribed, by hand or by registered post signed by at least ten persons or such number of persons as may be fixed by the Registrar, qualified under section 5 of the Act, read with sub section (5) of section 4 who wish to form a primary cooperative society or by a duly authorized person on behalf of atleast three such registered cooperative society who wish to form a secondary cooperative society. The person by whom or on whose behalf such application is made, shall furnish such information in regard to the proposed cooperative society as the Registrar may require. Every such application shall be accompanied by the original declaration signed by applicants expressing commitment to the cooperative principles specified in Schedule-A and the following:- 376 THE ASSAM GAZETTE, EXTRA ORDINARY, FEBRUARY 4, 2012 CERTIFICATE OF REGISTRATION
(a) four copies of the proposed bye-laws of the cooperative society as adopted by the applicants;
(b) a true copy of the resolution passed at a meeting by the applicants adopting the bye-laws.
(c) a list of names of the applicants with their complete address, occupation and equity participation and other details.
(d) a scheme regarding viability of the proposed society, economically, financially technically and cooperatively;
(e) a copy of a treasury challan in support of payment of registration fee calculated in accordance with the provisions of sub-section(l) of section 17 which shall be non refundable and shall furnish such other information in regard to the society as the Registrar may require.
(2) On receipt of the application for registration and after due consideration, the Registrar may register the bye-laws with such modification as he thinks necessary to bring about conformity with the provisions of the bye-laws of any society having similar objects and functions or for any \ other grounds he deems necessary for the interest of cooperative society in particular and the cooperative movement in general. If the conditions laid down in sections 4 and 6 are not fulfilled, the Registrar shall communicate by registered post the order of refusal for registration together with the reasons thereof, within sixty days from the date of submission or receipt of application for registration, as the case may be, to the applicants. However, in case of registration of a Cooperative bank clearance from NABARD or Reserve Bank of India as the case may be shall have to be obtained before considering for according permission for registration of such societies:
Provided that no order of refusal shall be made without giving an opportunity of being heard to the applicant. The certificate of registration signed and sealed by the Registrar shall be conclusive evidence that the society mentioned therein is a cooperative society duly registered under this Act, unless it is proved that the registration of the society has been subsequently cancelled: No cooperative society shall commence business unless it has obtained a certificate of registration under section 11 and after obtaining prior license/permission if necessary under any State or Central Act in such business and every member of such cooperative society carrying on business in contravention of this sub-section shall be severally liable for all liabilities incurred in such business.
11. The Registrar shall register the society and also take on record its bye laws and communicate by registered post a certificate of registration and the original bye-laws signed and sealed by him within sixty days from the date of submission or receipt of the application for registration, as the case may be to such person specified in the application for the purpose subject to the fulfillment of the following conditions, namely:-
(a) the application is in conformity with the requirements laid down under this Act;
(b) the object of the proposed cooperative society is the economic and social betterment of its members through the provision of services to fulfill such common need as specified in the proposed bye-laws;
(c) the proposed bye-laws are not inconsistent with the provisions of this Act and are not against the aims and objects of the cooperative society:
THE ASSAM GAZETTE, EXTRAORDINARY, FEBRUARY 4, 2012 377
Provided that where within sixty days of submission of the application for registration the society is not registered or the certificate of registration has not been issued or refusal of registration has not been communicated, the society shall be deemed to have been registered under this Act.
AMENDMENT OF THE BYE LAWS OF A REGISTERED SOCIETY