(1) Notwithstanding anything contained in any Law for the time being in force all new Cooperatives shall [x x x x] be registered under this Act :
[Provided that the promoters of a Co-operative for promotion of poultry, hatchery or dairy in the [Union territory of Jammu and Kashmir] may, notwithstanding anything contained in sub-section (1), apply for registration of such a cooperative under the Jammu and Kashmir Cooperative Societies Act, 1989 and thereafter such a Co-operative shall be registered under the said Act on fulfillment of the conditions laid down thereunder for such registration, including powers of inspection, audit and supervision by the Government :
Provided further that the Government may provide any assistance or aid to any Co-operative on such terms and conditions and after execution of a memorandum of understanding in such forms, as may be prescribed].
(2) An application for registration may be submitted to the Registrar by hand or by registered post, signed by the individuals who wish to form a primary cooperative or by the delegates of cooperatives which wish to form a secondary cooperative.
(3) Every such application shall be accompanied by :––
(a) the original of a declaration signed by the applicants expressing commitment to the principles of cooperation as provided for in Schedule A ;
(b) the original and one copy of the articles of association of the proposed cooperative as adopted by the applicants ;
(c) a true copy of the resolution passed at a meeting by the applicants adopting the articles of association; and
(d) a list of names of the applicants with their complete addresses.
(4) The Registrar shall register the cooperative and also take on record its articles of association and communicate by registered post a certificate of registration and the original of the registered articles of association signed and sealed by him/her, within sixty days from the date of submission of application, to such person as specified in the application :
Provided that :
(a) the application is in conformity with the requirements laid down by this Act ; and
(b) the proposed articles of association are not contrary to the provisions of this Act.
(5) If the conditions laid down in sub-sections (3) and (4) are not fulfilled, the Registrar shall communicate by registered post the order of refusal together with the specific reasons therefor, within sixty days from the date of submission of application, to such person as specified in the application :
Provided that no order of refusal shall be passed except after giving an opportunity of making representation on behalf of the applicants by such person as specified in the application.
(6) Where a cooperative is registered, the certificate of registration signed and sealed by the Registrar shall be conclusive evidence that the association mentioned therein is a cooperative duly registered under this Act, unless it is proven that the registration of the cooperative has been cancelled.
(7) Where within seventy five days of submission of the application for registration, the person specified in the application receives neither the certificate of registration nor the order of refusal [the Registrar shall assign the reasons for non-registration of the cooperative].