Amendment status not verified — confirm the current text below against the official source.
Subs. by ibid. [9 10] 90 days from the date of submission of. application, a registration certificate and original copy of the registered bye-laws duty sealed and signed by him. (2) If in the opinion of the Registrar, the conditions stipulated under sub-section (1) above appear not to have been complied with, within 90 days of the presentation 'of the application before him, he shall record. reasons for refusal and refuse to register the society and send this decision by registered post to the organiser/ promoter. In the event of the refusal not being sent within the stipulated period, the Society shall be deemed registered and in such a situation the Registrar within one month thereafter shall ·send by registered post, the registration certificate for deemed registration alongwith original copy of the registered bye-laws duly sealed and signed. .(3) In the event where the organiser/promoter has received the refusal order in accordance with the provisions of sub-section (2) or has not received registration certificate of deemed registration an appeal shall lie to the Registrar if the refusal order has been passed by an officer appointed to assist the Registrar under subsection 2{a) of section 6 of this Act and to the State Government if such order has been passed by the Registrar himself : Provided that such appeal shall lie within sixty days from the receipt of the refusal order or within sixty days from the expiry of th~ prescribed period of communication in case of deemed registration. (4) If in the opinion of the Registrar, the organiser/promoter has got a society registered by fraud or mistake, then the Registrar shall appeal to the State Government· for cancellation of the said registration. Provided that such appeal may be filed within sixty days from the registration order. Comments & case-law [Removal of servant on ground of shrinkage of work-previous approval of Registrar is not necessary. Wher the petitioner who was holding a post of Credit. Agricole Inspector under Bihar State Co- operative Bank, was removed from his service on the ground of shrinkage in business, it was held that the order of removal was not illegal as the Board of Directors of the Bank had power under the bye laws and regulations of the Bank to terminate the services of any officer when no longer, required on giving three months notice or pay in lieu thereof. Previous approval of the Registrar of Co operative Societies is not necessary for the removal. Chaturbhuj Sahai vs. Chairman, AIR 1955 Pat. 223. Sections 11 (1), 14(2) · and 25 of the Act show that the constitution of the Managing Committee must be made in accordance with the rules, and the bye-laws made by any society must conform to the Act and the Rules. Bye-laws made in contravention of the Act and the Rules will be invalid and cannot prevail over the rules. 1959 Pat. LR 175 : 1959 BLJR 38. An act beyond the object mentioned in the memorandum is ultra vires. But if the act done is fairly incidental, reasonably ancillary to its main business, conducive Bihar Co-operative Societies Act, 1935 [ Sec. 11 Secs. 11A-13A ] to the statement of the objects, unless such an act is expressly prohibited, it cannot be held to be ultra vires. The acquiring of land for cultivating and procuring good quality seeds by a Society carrying on business of distribution of seeds to agriculturists is not prohibited by bye-laws. Gajadhar Prasad Choudhary vs. State of Bihar,1983 PLJR 662: AiR1984 Pat. 105.] 1[“11A. Registration of societies not registered under this Act.--Where a society registered under section 5 of the Bihar Self Supporting Co-operative Societies Act, 1996 intends to convert itself into a co-operative society under this Act, it nay apply for registration under provisions of this Act in accordance with procedure o be, prescribed and notified by the Government. 2[11B. Notwithstanding anything contrary contained in any provision of Bihar Act VI of 1935 or any other Act, Rules made thereunder and Bye-laws of a regis tered Co-·operative Society or class of Co-operative Societies, any order issued by the State Government or Registrar, Co-operative Societies, all existing Fishermen Co-operative Societies at block level, area of operation being confined to the Geographical limit of, the Block shall stand merged in one Co-operative society and shall be deemed to be registered as a new Co-operative Society under Bihar Act VI of 1935, and the. Registrar, Co-operative Societies shall issue registration certificate: Provided that on such reorganisation, all members of the existing Co-operative Society or Societies registered under Bihar Act VI of 1935 or Bihar Self Supporting Co-operative -Societies Act, 1996 shall be deemed to have become members of such reorganized Society and shall have all rights and liabilities as members of the said Society: Provided further that on such reorganisation, for managing the affairs of the_©Y Society and all such affiliating Societies of which the Fishermen Co-operative Society is a member, the Registrar/Government shall constitute an ad hoc Managing 5mimittee for a period not exceeding one year, within which the new Managing Committee shall be constituted after elections."]