(1) Along with the application form for registration referred in Rule 3, four copies of model bye-laws suitable for the proposed society shall be obtainable from the District Assistant Registrar on payment of rupees twenty per copy of bye-laws. In case such model bye-laws are not available it will be open to the applicants to frame their own proposed bye-laws.
(2) If model bye-laws are sought to be adopted, the same may be suitably filled in and three copies may be submitted along with the application. If model bye-laws are sought to be modified, the modifications to be made shall be shown therein and three copies of the modified bye-laws should be submitted along with the application. In case no model bye-laws are available and the applicants frame their own proposed bye-laws as mentioned in sub-rule (1), three copies of the proposed bye-laws so framed shall be prepared in printed form or neatly typed or cyclostyled and submitted along with the application.
5. Every application for registration shall conform to the requirements mentioned in sub-section (2) of Section 6. The first signatory to the application shall be a person who, with the approval of the person signing the application, has undertaken to work as member-secretary of the society for the interim period under sub-section (4) of Section 31, and one of the signatories shall also sign as a chief promoter with whom the Registrar may communicate in connection with the registration proposal.
-------------------------------------------------------------------------------------------------------------- 1-By Notification N0. 1427/49-1-2021-8(56)-13 T.C.B, dated 03.12.2021(amended by the Uttar Pradesh Co-operative Societies Fifty Eighth amendment Rules 2021) published in the U.P. Gazette Extra., dated
03.12.2021 1{6 An application for registration as per rule 3 complete in all respects shall be submitted online receipt / acknowledgement of which shall be obtainable online.} 2{7 Serial Number and date of application shall be mentioned online, application for registration submitted online. Thereafter, the Registrar shall enter or cause to be entered particulars of such application submitted online in the register--in Form 'C’.}
8. If the Registrar, on scrutiny of the registration proposal and where necessary, after making enquiries, is satisfied thata. the registration proposals conforms to the requirements of sub- section (2) of Section 6 and of sub-section (1) of Section 7;
b. the ordinary membership of the society in respect of individuals having regard to the objects of the society is confined to persons who, in his opinion, are eitheri. users of services or credit offered by the society; or ii. consumers of goods produced or provided by the society;
or iii. producers of goods consumed or marketed by the society; or iv. regular suppliers of goods consumed or marketed by the society; or v. workers in the society; or vi. who belong to more than one category of such persons depending upon the nature of business of the society, c. the proposed society is not likely to adversely affect the general working and pattern of the co-operative movement in the State;
d. the proposed society does not associate with its name, the name of any individual, community, caste or sect:
Provided that where a society is formed in any institution, establishment, of concern, it may include in its name the name of such institution, establishment or concern, as the case may be, -------------------------------------------------------------------------------------------------------------- 1 & 2-By Notification N0. 1427/49-1-2021-8(56)-13 T.C.B, dated 03.12.2021(amended by the Uttar Pradesh Co-operative Societies Fifty Eighth amendment Rules 2021) published in the U.P. Gazette Extra., dated 03.12.2021
(e) the proposed society complies with the requirements or conditions as laid down in Appendix I for societies in general as well as for that particular class of societies to which the proposed society belongs, he shall register the society and its bye-laws.
9. The Registrar may, before registering a society, make such minor alterations in the proposed bye-laws submitted with the application for registration as, in his opinion, are desirable; provided that the written consent for such alteration is obtained from the chief promoter or any one of the other applicants whosoever has been authorised by the applicants for this purpose.
10. Where a co-operative society is registered under Section 7, the Registrar, shall enter or cause to be entered into the registration register in Form 'D' the address of the society as given in the application form.
11. After taking action as provided under Rule 10, the Registrar shall send to the society-
(i) intimation of registration in Form'E';
(ii) a certificate of registration in Form'F';
(iii) a certified copy of the bye-laws so registered.
12. Where a co-operative society is deemed to be registered under the proviso to sub-section (1) of Section 7, the Registrar shall take action as provided in Rules 10 and 11.
CHAPTER III Bye-Laws
13. Registrar may frame model bye-laws for each class of society or societies and make such change therein from time to time as he may consider necessary.
14. The model bye-laws as are appropriate for a society in the opinion of the Registrar may be adopted by such society with such modifications, if any, as may be considered necessary by the society having regard to its requirements.
15. The bye-laws of a co-operative society shall, subject to the provisions of the Act and the rules, cover the following matters namely-
(i) The name and headquarters of the society;
(ii) the area of its operation;
(iii) the primary objects of the society;
(iv) the secondary objects of the society;
(v) the extent, manner and terms for raising of funds and the minimum and maximum amount of share capital which a member may hold;
(vi) the purposes for which its funds may be applied;
(vii) admission to membership, conditions and qualification for the same;
(viii) disqualifications for membership;
(ix) the payment to be made and interest to be acquired as a condition precedent to the exercise of right of membership and payment, if any, to be made there after,
(x) the privileges, rights, duties and liabilities of members including nominal, associate and sympathizer members;
(xi) the consequences of default in payment of any sum due by a member,
(xii) the consequences of breach of bye-laws by members;
(xiii) the constitution of the general body of the society;
(xiv) withdrawal, removal and expulsion from membership;
(xv) constitution of the committee of management and also of sub- committees, if any;
(xvi) convening of the meetings of the general body, committee of management andothersub-committees,ifanynotice,business and quorum for such meetings, conditions and manner of postponement and adjournment of such meetings;
(xvii) functions, powers and duties of committee of management, subcommittees and Chairman, Vice-Chairman, Secretary and other honorary or paid officers of the society;
(xviii) appointment, suspension, removal and punishment of officers and employees of the society subject to the provisions of regulations framed under Sections 121 and 122;
(xix) admission to the membership of another society and matters connected there to;
(xx) maintenance of accounts, books and registers, preparation and submission of returns and required statements;
(xxi) custody, maintenance and keeping of cash and valuable documents;
(xxii) creation, maintenance and use of funds constituted out of the profits or Otherwise;
(xxiii) procedure and other matters relating to elections;
(xxiv) matters which are incidental to the organisation and working of the society and to the management of its business;
(xxv) any other matter on which the society is required to make bye-laws under the provisions of the Act or the rules.