Section 45 of the Co-operative Societies Act, 1912: Power to Exempt Societies from Registration Conditions
Section 45 gives the State Government a limited statutory power to exempt an individual society from one or more requirements of the Co-operative Societies Act, 1912 relating to registration. The exemption must be made by a special order in the particular case and may be made subject to conditions.
Text of Section 45
Notwithstanding anything contained in this Act, the State Government may, by special order in each case and subject to such conditions, if any, as it may impose, exempt any society from any of the requirements of this Act as to registration.
Meaning and scope of Section 45
The opening words, "Notwithstanding anything contained in this Act", give Section 45 an overriding operation over inconsistent registration requirements within the Act for the purpose of an exemption validly granted under this provision.
The power belongs to the State Government. The section contemplates a special order in each case, so the statutory text is directed to a particular society rather than a general exemption for every society. The Government may also attach conditions to the exemption.
What can be exempted?
The exemption under Section 45 concerns requirements of the Act as to registration. It does not, merely by itself, create a general exemption from every provision governing a registered society. Section 46 separately deals with the power to exempt registered societies from provisions of the Act.
Key requirements for an exemption
On the wording of Section 45, an exemption requires an exercise of power by the State Government, a special order dealing with the particular case, identification of the registration requirement from which relief is granted, and compliance with any conditions imposed in that order.
Section 45 and State co-operative laws
Important: Co-operative society law is also governed by State-specific legislation. The Co-operative Societies Act, 1912 has been repealed or replaced in its application in a number of jurisdictions. Before relying on Section 45 for a current transaction or proceeding, check the legislation presently applicable in the relevant State or Union Territory.
Official legal source
The current central text of the Co-operative Societies Act, 1912 can be checked on the official India Code - Co-operative Societies Act, 1912. The official text identifies the enactment as Act No. 2 of 1912 and contains Section 45 under the miscellaneous provisions.
Related provisions
For context, see Section 44 - Recovery of sums due to Government, Section 46 - Power to exempt registered societies from provisions of the Act, and Section 47 - Prohibition of the use of the word co-operative.