Society, Cooperative Society and Multi-State Cooperative Societies By FCS Shweta Gupta


SOCIETY

INTRODUCTION

An association of several individuals who combined together for usually achieving the purpose of advancement of charitable activities like sports, music, culture, religion, art, education, etc it will be deemed as a society.

In India, a society can be registered as a legal entity via following eh procedure mentioned under The Society Registration Act, 1860 which lays down certain procedures for the sake of society registration & operation. This act was implemented with the purpose of augmenting the legal stipulations of society registration for the advancement of literature, fine arts, science or distribution of awareness for bountiful purposes.

OBJECTIVE OF A SOCIETY

Usually, a society is registered for the below-mentioned purpose:-

  • Promotion of fine arts

  • Charitable assistance

  • Promotion of science and literature

  • Creation of military orphan funds

  • Maintenance or foundation of galleries or public museum, libraries

PROCEDURE OF REGISTRATION

A society can be registered by following the rules and provisions as mentioned under The Society Registration Act, 1860. The brief procedure for registration is as below:-

1. Minimum 7 or more persons is required for forming a society.

2. An application along with the supporting documents:

  • Covering Letter addressing to the concerned Registrar of State.

  • MOA of the society: It contains the name of the society, Objectives want to carry on and details regarding the members.

  • AOA: it contains the rules & regulations regarding bye-laws, insertion or removal of members, information of auditors, meeting of the society and many more.

  • Proof of Registered office

  • KYC of the members. (PAN & Residence Proof)

  • A declaration that the name is unique and has not been used by other societies till yet. Further, if it is found to be already used the members will surrender the name suo moto.

  •  A list of all the members of the governing body has to be given along with their signatures.

  • declaration has to be given by the president of the proposed society that he is willing and competent to hold the said post.

  • Applicable fee.

3. A copy of the proof of address where the registered office of the society will be located along with a NOC from the landlord if any has to be attached.

4. A list of all the members of the governing body has to be given along with their signatures.

5. A declaration has to be given by the president of the proposed society that he is willing and competent to hold the said post.

COOPERATIVE SOCIETY

INTRODUCTION

A Cooperative Society is formed generally for the mutual benefits of its members and it should be limited to the area, jurisdiction or the place where objectives are carrying on or where the members are residing. Further, it can be formed as Housing, Credit, Agro, Diary, and many more.

CONDITIONS TO REGISTER A COOPERATIVE SOCIETY

(a) has as its object the promotion of the economic interests of its MEMBERS in accordance with cooperative principles and consists of not less than 10 members each of whom is qualified under section 23 for membership; or

(b) is established with the object of facilitating the operations of a society described in paragraph (a) and includes among its members at least two registered societies.

GENERAL CONDITIONS

  1. Every society shall be registered with the word “co-operative”.

  2. Society having one or more registered societies as its members. The liability of those societies will be limited.

  3. Every registered society name under this act with limited liability shall end with the word “limited”.

  4. No society can’t be registered under this act with a name identical or even resemble with the already existing registered society. So that it will not mislead the members and the general public.

REGISTRATION PROCESS

  1. The application in the prescribed format needs to be signed by at least 10 persons who qualify the conditions specified u/s 23 of the respective act.

  2. If the registered societies are the going to be the member the application needs to be signed by the authorized person of those registered societies, and if all the members are not registered societies the application will be signed by 10 other members, and still if other members are less than 10 it should be signed by all rest of them.

  3. The application will be submitted along with 3 copies of the rules or bye-laws of the society and the person on whose behalf or who is filing the application will provide the registrar if any information or document is required from their part.

  4. Prescribed registration fee needs to be pay along with the application to the registrar.

  5. Once registrar got satisfied with the documents and bye-laws of the society it shall publish notice of the registration in the official gazette.

  6. On the refusal of registration by the registrar an appeal can be filed to the tribunal within 1 month of rejection. And whatever the order of the tribunal will be binding and cannot be called further in any civil court.

  7. Certificate by the registrar of registration shall be treated as conclusive evidence until it is proved that the registration of society has been canceled.

SOME PROVISIONS

Address of the Society

Ever registered society shall have a registered address at which all the communications and notices can be sent, and if there is any change in that it shall be sent to the registrar notice.

Publication of name

Ever registered society shall keep its name painted or affixed the full name of its society in legible letters outside every place where business is carried on by the society.

Inspection

Society has to keep its bye-laws, a copy of this act along with the list of its members for inspection free of charge on the reasonable times at the registered office of the society.

MULTI-STATE COOPERATIVE SOCIETIES

INTRODUCTION

An act was enacted to consolidate and amend the laws relating to cooperative societies and to substitute the Multi-State Cooperative Societies Act, 1984. The objective of this Act is to facilitate the incorporation, functioning, and organization of the cooperative societies which have jurisdiction in more than one state.

The act provides for the formation of both types of Cooperative Societies i.e:-
  • Primary (includes individual and institutional members), Federal cooperatives (includes only institutional membership).

DOCUMENTS REQUIRED FOR THE REGISTRATION OF A MULTI-STATE COOPERATIVE SOCIETY

  1. Form 1: To be submitted in the format annexed with the MSCS Act 2002 along with the documents required under Form I and it needs to be signed by at least fifty persons from each of the state concerned.

  2. A Bank Certificate stating credit balance in the favor of the proposed multi-state co-operative society.

  3. A scheme that explains that the proposed multi-state co-operative society has reasonable prospects of becoming a viable unit.

  4. The Copies of bye-laws in original. (No. in 4)

  5. Choose only 2 contagious states as it will only be allowed as the Proposed area of operation for the working.

  6. Select at least 50 members from each state. The list of members has to be submitted in the format annexed with the MSCS Act 2002 along with the copies of ID proofs of the members duly attested by Chief promoter of the society.

  7. A resolution mentioning the name and address of the chief promoter for any kind of communication from the department.

  8. Further, a copy of a resolution in favor of the person who is authorized to make the alteration in the Bye-Laws of the proposed society if required.

  9. Contact number and e-mail address of the Chief Promoter or Society on the cover page.

AMENDMENT

With the introduction of New 97th Constitutional Amendment Act 2012, the major amendments made in the Act are-

  • 2 ladies in governing body are the must.

  • 1 member of either SC/ST is compulsory on the governing body list.

Further, in the year of 2016, The Central Government in an exercise of the powers conferred by section 124 of the Multi-State Co-operative Societies Act 2002, made the Multi-State Cooperative Societies (Amendment) Rules, 2016 in order to amend the Multi-State Cooperative Societies Rules, 2002.

ACCEPTANCE OF APPLICATION

  • The application for registration shall be disposed of by the Central Registrar within a period of 4 months from the date of receipt of the application.

  • If the application for registration is not disposed of within a period of four months or the Central Registrar fails to communicate the order of refusal within that period, the application shall be deemed to have been accepted for registration and the Central Registrar shall issue the registration certificate in accordance with the provisions of this Act and the rules made thereunder.

REFUSAL OF APPLICATION

  • If the Central Registrar refuses to register a multi-State co-operative society, he will give the ROOBH (Reason opportunity of being heard) to the society to be heard before him.

  • Further, He shall communicate, within a period of four months the order of refusal from the date of receipt of the application for registration, containing the reasons therefor to the applicant or applicants, as the case may be.

CHOICE BETWEEN THE DIFFERENT MODELS

As a general analyze, it comes out to the view that all 3 models are for satisfying the different objectives. Some are limited to the geographical area, other is limited for the mutual benefit of members, and other is for the betterment and selfless service for the general/needy public.

Hence it depends on that person to person that which model they adopt for fulfilling their objectives in a legal and ethical manner without any hassle from the respective Dept.

Click here to read the disclaimer


Write a Comment