Section 10 of the Co-operative Societies Act, 1912 - Evidence of Registration
Section 10 of the Co-operative Societies Act, 1912 deals with the evidentiary effect of a certificate of registration issued and signed by the Registrar. It provides a direct statutory rule for proving that a society is duly registered under the Act.
Text of Section 10 - Evidence of Registration
A certificate of registration signed by the Registrar shall be conclusive evidence that the society therein mentioned is duly registered unless it is proved that the registration of the society has been cancelled.
Meaning and Effect of Section 10
The provision gives special evidentiary status to the registration certificate. When the certificate is signed by the Registrar, it is treated as conclusive evidence that the society named in it has been duly registered. The statutory exception is where it is proved that the society's registration has been cancelled.
In practical terms, the provision avoids the need to prove afresh every procedural step that led to registration when a valid Registrar-signed certificate is produced. The certificate establishes the fact of due registration for the purpose of the Act, subject to proof of cancellation.
Who is the Registrar?
Under Section 2(f) of the Act, "Registrar" means a person appointed to perform the duties of a Registrar of Co-operative Societies under the Act. Section 3 authorises the State Government to appoint a Registrar for the State or any portion of it and to appoint persons to assist the Registrar, with powers that may be conferred by general or special order.
Connection with Section 9
Section 9 - Registration deals with registration of a society and its by-laws when the Registrar is satisfied that the statutory and rule requirements are met and the proposed by-laws are not contrary to the Act or the rules. Section 10 then states the evidentiary consequence of the registration certificate signed by the Registrar.
Key Requirements under Section 10
For Section 10 to operate according to its terms, there must be a certificate of registration, the certificate must be signed by the Registrar, and it must identify the society whose registration is in issue. Once these requirements are met, the certificate is conclusive evidence of due registration unless cancellation is proved.
Current Application of the 1912 Act
The Co-operative Societies Act, 1912 is a historical Central enactment, and its application has been repealed or replaced in a number of States and territories by later local co-operative societies legislation. Before relying on Section 10 in a particular matter, the legislation currently applicable in the relevant State or Union Territory should therefore be checked.
Official Source
The text of the Co-operative Societies Act, 1912 (Act No. 2 of 1912) can be verified from the official India Code publication. The Act was enacted on 1 March 1912.
Official India Code - Co-operative Societies Act, 1912 (PDF)
Related Provisions
Readers may also refer to Section 8 - Application for registration and Section 9 - Registration for the statutory steps immediately preceding the evidentiary rule contained in Section 10.