Unit 1 -3 Types of Co-Operatives

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    UNIT 1

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    FORMATION OF

    CO-OPERATIVES

    REGISTRATION (S.4)

    May be - objects

    Promotion of economic interest, general welfare of its members, of

    public in accordance with the co-operative principles

    OR

    Facilitating operation of any such society

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    FORMATION OF

    CO-OPERATIVES

    REGISTRATION (S.4)

    May not be

    Likely to be economically unsound

    Have adverse effect on development of co-operative movement

    Contrary to policy directives issued by State Government time to time

    (S.5) - may register with limited or unlimited liability of its members

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    FORMATION OF

    CO-OPERATIVES

    CONDITIONS FOR REGISTRATION (S.6)

    At least 10 persons or prescribed by Registrar except Federal & Lift Irrigation

    Society (5 members)

    From different family

    Competent to contract

    Resident of the area of operation of the society

    If unlimited liability all persons residing in same town

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    FORMATION OF

    CO-OPERATIVES

    PROCEDURE FOR REGISTRATION (S.8)

    Application to the Registrar in prescribed format

    Accompanying 4 copies of bye-laws of society

    Information of applying person, required by Registrar

    Signature of 10 proposed members

    In case of a federal society by 5 societies

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    FORMATION OF

    CO-OPERATIVES

    (S.9) If registrar satisfied

    ( Complied with provisions of the Act, Rules and the Policy Directives of State Govt

    ( Register society and bye-laws within 2 months of the receipt of application

    (S.9 (2)) If Registrar unable to dispose of application (2 months)

    ( Referring application within next 15 days to the next higher officer or State Govt receipt

    ( Dispose of application within 2 months from date of receipt

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    FORMATION OF

    CO-OPERATIVES

    If this not done

    ( Deemed to have been register

    ( Issue of Certificate of registration by Registrar under his seal and signature

    ( Within a period of 15 days

    (S.9 (3)) If Registrar refuses to register the society

    ( Must immediately communicate his decision

    ( To the person making application

    ( Giving reasons for refusal

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    FORMATION OF

    CO-OPERATIVES

    (S.10) Certificate of Registration

    ( Conclusive evidence

    ( Society is duly registered

    ( Unless proved that registration cancelled

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    BYE-LAWS OF

    CO-OPERATIVE SOCIETY(S.2 (5))

    5 Contract between member and the society

    5 Aims and Objectives of the society

    5 Powers and Responsibilities of the members of the society

    5 Usually made on the basis of model bye-laws with suitable amendments OR

    5 Form own bye-laws for all matters OR

    5 Any of the matters provided under [Rule 8] of the Maharashtra Co-operative

    Societies Rules, 1961.

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    BYE-LAWS OF

    CO-OPERATIVE SOCIETY(S.2 (5))

    5 Internal Management of society

    5 Inconsistency with the Act or Rules, will be of no effect

    5 Not statute but binding upon all the members

    5 Bye-laws applicable to the society only

    5 Rules framed by the State Govt applicable to all societies registered or deemed to

    be registered under this Act

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    AMENDMENT OF BYE-LAWS OF SOCIETY(S.13 R 12)

    5 A proper notice convening Special General meeting

    OR

    5 General Meeting for considering the proposed amendment

    5 Resolutions must be passed by at least 2/3 majority of the members present and

    voting

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    AMENDMENT OF BYE-LAWS OF SOCIETY(S.13 R 12)

    5 Within 2 months of the date of meeting, documents should be sent to Registrar

    5 A copy of notice of meeting

    5 A copy of the resolution

    5 A copy of the existing bye-laws along with the copy of proposed amendment with

    reasons for amendment

    5 4 copies of the bye-laws as amended, signed by the duly authorised officers of the

    society

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    AMENDMENT OF BYE-LAWS OF SOCIETY(S.13 R 12)

    5 If any modification suggested by Registrar

    5 Modification should be adopted at the meeting

    5 A copy of relevant resolution in that connection should be sent to Registrar

    5 Dispose of application for registration of amendment

    5 By Registrar within a period of 2 months from the date of receipt

    5 Refusal to register

    5 Required to communicate the order of refusal with reasons to the society

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    AMENDMENT OF BYE-LAWS OF SOCIETY(S.13 R 12)

    5 If Registrar registers amendment

    5 Issue a certified copy of the amendments to the society

    5 Conclusive evidence amendment duly registered

    5 Not dispose of application for registration of amendment

    5 Same procedure as in the case of registration of a society