Section 8 of the Co-operative Societies Act, 1912: Application for Registration
Section 8 of the Co-operative Societies Act, 1912 sets out how an application for registration is made, who must sign it, and the documents and information that must accompany it.
Meaning and purpose of Section 8
The provision deals with the procedural starting point for registration under the 1912 Act. The application is made to the Registrar. The required signatories depend on whether the proposed society includes another registered society as a member. The proposed by-laws must accompany the application, and the applicants must provide any further information about the society that the Registrar requires.
Section 8 - Application for registration
(1) For purposes of registration an application to register shall be made to the Registrar.
(2) The application shall be signed-
(a) in the case of a society of which no member is a registered society by at least ten persons qualified in accordance with the requirements of section 6, sub-section (1); and
(b) in the case of a society of which a member is a registered society, by a duly authorised person on behalf of every such registered society, and where all the members of the society are not registered societies, by ten other members or, when there are less than ten other members, by all of them.
(3) The application shall be accompanied by a copy of the proposed by-laws of the society, and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Registrar may require.
Requirements explained
1. Application to the Registrar
The registration process begins with an application to the Registrar having jurisdiction under the applicable co-operative societies law.
2. Signatures where no member is a registered society
If none of the proposed members is already a registered society, Section 8(2)(a) requires signatures of at least ten persons who satisfy the qualification requirements referred to in Section 6(1) of the Co-operative Societies Act, 1912.
3. Signatures where a registered society is a member
If a registered society is itself a member of the proposed society, Section 8(2)(b) requires a duly authorised person to sign for every such registered society. Where some members are not registered societies, the provision also specifies the required individual-member signatures.
4. Proposed by-laws and further information
Section 8(3) requires a copy of the proposed by-laws to accompany the application. The applicants must also furnish information concerning the proposed society when required by the Registrar.
How Section 8 fits with Sections 6, 7 and 9
Section 6 contains conditions of registration. Section 7 deals with the Registrar's power to decide certain questions arising at the registration stage. After an application under Section 8, Section 9 deals with registration where the Registrar is satisfied that the statutory and rule requirements are met and the proposed by-laws are not contrary to the Act or rules.
Multi-State co-operative societies
The registration framework is different for a multi-State co-operative society. Under the Multi-State Co-operative Societies Act, 2002, an application for registration is made to the Central Registrar under Section 6 of that Act. The prescribed signatory requirements depend on the composition of the proposed multi-State society, and the application must be accompanied by the prescribed copies of its proposed bye-laws.
Legal information only. Registration requirements may depend on the applicable State, Union Territory or multi-State legislation and the rules, forms and notifications in force.