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Co-operation · Ch 3 — Commissioner and Registrar of Co-operative Societies

Registration and Membership Powers of the Registrar

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Registration and Membership Powers of the Registrar

When the same officer acts as the Registrar of Co-operative Societies, he exercises a wide range of specific legal powers conferred by the Maharashtra Co-operative Societies Act, 1960. These powers may be studied conveniently in three groups — those relating to the birth of a society (registration and membership), those relating to keeping a society healthy (supervision, audit, inspection, and inquiry), and those relating to correcting or ending a society (disputes, supersession, and winding up). This section deals with the first group.

The most basic and best-known power of the Registrar is the power of registration. Under Sections 4, 6, 8, and 9 of the Act, it is the Registrar who receives the application to form a co-operative society, scrutinises whether it has a genuine co-operative object, the minimum number of eligible members, and lawful bye-laws, and then either registers the society and its bye-laws and issues the certificate of registration, or refuses registration by a reasoned order. In this sense the Registrar is the officer who gives a co-operative society its legal birth, since a society comes into existence as a body corporate only on registration by him. …

Definition 1Power of Registration (Sections 4, 6, 8, 9)

The Registrar's power to receive and scrutinise an application to form a co-operative society and either register the society and its bye-laws and issue the certificate of registration, or refuse registration by a reasoned order. It is by this power that the Registrar gives a …

Definition 2Registration of Bye-law Amendments

The Registrar's power to register (or to refuse to register) amendments to a society's bye-laws. An amendment normally takes legal effect only when registered by the Registrar, and he may refuse an amendment tha …

Definition 3Amalgamation, Division and Reorganisation (Sections 17 and 18)

The Registrar's powers, under Sections 17 and 18 of the Act, in relation to the amalgamation of two or more societies, the division of a society, the transfer of assets and liabilities, and the reorganisation of societies in t …