Q.Under which provision, and by whom, are the Registrar and the subordinate registrars appointed? Describe the hierarchy of registering officers.
The authority to appoint the Registrar and his assisting officers is given by Section 3 of the Maharashtra Co-operative Societies Act, 1960, and that authority rests with the State Government. Section 3 provides that the State Government may appoint a person to be the Registrar of Co-operative Societies for the State, and may also appoint one or more persons to assist the Registrar. It is under this power that the State Government appoints its senior officer as the Commissioner for Co-operation and Registrar of Co-operative Societies, giving that single post both the administrative headship of the department and the statutory powers of the Registrar.
A single officer, however, cannot personally deal with the tens of thousands of co-operative societies spread across Maharashtra — from a small village credit society to a large urban co-operative bank. Section 3 therefore allows the State Government to appoint a whole hierarchy of officers to assist the Registrar. These assisting officers are commonly designated, in descending order, as the Additional Registrar, the Joint Registrar, the Deputy Registrar, and the Assistant Registrar of Co-operative Societies. In practice there are also officers such as the District Deputy Registrar at the district level and the Assistant Registrar (or the officer who actually registers and supervises the primary societies) at the taluka level. Each of these officers is assigned a particular geographical area, or a particular class of societies, within which he works.
The legal effect of this hierarchy is important and frequently tested. When the Act speaks of "the Registrar", it means not only the head officer but also any assisting officer who is exercising the Registrar's powers in his assigned area. So when a village society applies for registration, is audited, or is inspected, it is usually a Deputy or Assistant Registrar who actually acts — but he acts with the powers of "the Registrar" under the Act. This structure lets the co-operative movement be supervised locally, promptly, and uniformly, while the Commissioner and Registrar at the apex provides overall direction and consistency across the entire State.
The Registrar and the subordinate registrars are appointed by the State Government under Section 3 of the Maharashtra Co-operative Societies Act, 1960. The State Government appoints one officer as the Registrar of Co-operative Societies for the State (in Maharashtra, the Commissioner for Co-operation and Registrar) and may appoint others to assist him — the Additional, Joint, Deputy, and Assistant Registrars — down to the district and taluka levels. Each assisting officer exercises the powers of "the Registrar" in the area or class of societies assigned to him, forming a hierarchy that allows societies throughout Maharashtra to be registered and supervised locally under the overall direction of the head officer.
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