Section 9 of the Co-operative Societies Act, 1912 - Registration

Section 9 of the Co-operative Societies Act, 1912 deals with the registration of a co-operative society and its proposed by-laws by the Registrar. The provision operates after the requirements for registration and the application procedure under the preceding provisions of the Act have been complied with.

Section 9 - Registration

Section 9: If the Registrar is satisfied that a society has complied with the provisions of this Act and the rules and that its proposed by-laws are not contrary to the Act or to the rules, he may, if he thinks fit, register the society and its by-laws.

Meaning of Section 9

Section 9 places the decision on registration before the Registrar. Before registration, the Registrar must be satisfied about compliance with the requirements of the Co-operative Societies Act, 1912 and the applicable rules. The Registrar must also examine the proposed by-laws to ensure that they are not contrary to the Act or the rules.

In simple terms, an application for registration does not by itself complete the registration process. The statutory requirements must be fulfilled and the proposed by-laws must conform to the governing law before the society and its by-laws may be registered under Section 9.

Essential Requirements Under Section 9

  • The proposed society must comply with the provisions of the Co-operative Societies Act, 1912.
  • The society must comply with the applicable rules made under the Act.
  • The proposed by-laws must not be contrary to the Act.
  • The proposed by-laws must not be contrary to the applicable rules.
  • The Registrar must be satisfied regarding the required statutory compliance before exercising the power of registration.
  • Registration under Section 9 covers both the society and its by-laws.

Role of the Registrar

The Registrar is the statutory authority responsible for considering whether the requirements specified in Section 9 have been met. The provision therefore requires examination of both the legal compliance of the proposed society and the conformity of its proposed by-laws with the Act and the rules.

The expression used in Section 9 is that the Registrar "may, if he thinks fit" register the society and its by-laws after being satisfied about the matters specified in the section. The provision should be read together with the other registration provisions of the Act and the applicable rules.

Section 8 and Section 9 - Application and Registration

Section 8 of the Co-operative Societies Act, 1912 deals with the application for registration. It requires an application to be made to the Registrar and prescribes requirements relating to the persons who must sign the application. The application is also to be accompanied by a copy of the proposed by-laws, and the required information concerning the society must be furnished to the Registrar.

Section 9 follows that application stage. It deals with the Registrar's consideration of statutory compliance and the proposed by-laws and with registration of the society and its by-laws.

Section 10 - Evidence of Registration

After registration, the next provision is Section 10 - Evidence of Registration. Section 10 deals with the certificate of registration signed by the Registrar and the evidentiary effect attached to that certificate, subject to the statutory provision concerning cancellation of registration.

Definition of By-laws

For the purposes of the Act, Section 2 defines "by-laws" as the registered by-laws for the time being in force and includes a registered amendment of the by-laws. This definition is relevant to understanding the references to by-laws throughout the Act.

Important: The Co-operative Societies Act, 1912 must be read with its territorial application, amendments and the co-operative societies legislation applicable in the relevant State or Union Territory. Registration requirements can therefore depend on the law applicable to the particular society and jurisdiction.

Official Text of the Co-operative Societies Act, 1912

The official Central Act can be checked on the Government of India's India Code portal: Co-operative Societies Act, 1912 - India Code .

Related Provisions

The registration provisions should be read sequentially. See Section 6 - Conditions of Registration, Section 7 - Power of Registrar to Decide Certain Questions, Section 8 - Application for Registration, Section 9 - Registration, and Section 10 - Evidence of Registration.