Amendment status not verified — confirm the current text below against the official source.
(1) An application for registration of a Co-operative society in Form as prescribed and its by-laws shall be submitted to the Registrar by hand or by registered post with acknowledgement due with one copy to the District Co-operative Union in the case of the Co-operative society having its area of membership within a district and to the State Co-operative Union in more than one Co-operative range. (2) Every such application shall be accompanied by— (a) four copies of the proposed by-laws of the Co-operative society as adopted by the promoting members; (b) a list of names of the members with their addresses, occupations and equity participations and signatures; (c) a list of members of the first board elected by the promoting members; (d) a true copy of the minutes of the meeting at which the by-laws were adopted and election was held, duly signed by the chairman; and (e) a scheme of the project, if any, to be undertaken by the proposed Co- operative society. (3) Every such application shall be signed by at least ten individuals from different families in the case of a proposed primary Co-operative society and by the authorised representatives of at least five primary Co-operative societies in the case of a proposed Federal Co-operative society: Provided that in the case of a housing Co-operative society the number of applications shall not be less than eight. Explanation.—For the purpose of this sub-section, a family shall be deemed to consist of husband, wife, minor sons and daughters dependant widow of a predeceased son, minor sons and daughters of a dependant widow of a predeceased son, husband's and wife's dependant parents and dependant divorcee daughter. (4) The State Government may prescribe the extent to which a Co-operative society shall limit the minimum number of its members. (5) The Registrar shall register the Co-operative society and also its by-laws and communicate by hand or by registered post with acknowledgement due the certificate of registration in Form as prescribed and a copy of the registered by-law, within sixty days from the date of receipt of the application to the applicant or the chief promoting member. A copy of the certificate of registration in prescribed form may be sent to the District Co-operative Union of the State Co-operative Union as the case may be: THE KOLKATA GAZE ilk„ EXTRAORDINARY, MAY 25, 2010 19 PART ill] The West Bengal Co-operative Societies Act, 2006. (Chapter 11.—Registration.—Sections 17, 18.) Co-operative society to be body corporate. Display of name. Provided that in the case of a housing Co-operative society the Registrar shall register the Co-operative society and its by-laws and communicate by hand or by registered post with the acknowledgement due the certificate of registration in Form as prescribed and the copy of the registered by-laws within ninety days from the date of receipt of the application to the applicant or the chief promoting member with a copy to the District Co-operative Union or the State Co-operative Union, as the case may be: Provided further that the certificate of registration, so issued, shall be conclusive evidence that the Co-operative society mentioned is a Co-operative society duly registered under this Act: Provided also that if the Registrar requires any particulars or papers for disposing of the application referred to in sub-section (1), he shall forthwith call for such particulars or papers from the applicant or the chief promoting member. (6) The Registrar, if the condition laid down in sub-sections (1), (2) and (3) and such other conditions as may be prescribed are not fulfilled, shall communicate by hand or by registered post with acknowledgement due the order of refusal together with the reasons therefor, within the period as mentioned in sub-section (5) to the applicant or the chief promoting member with a copy to the District Co-operative Union or the State Co-operative Union, as the case may be. (7) In case no communication is received by the Co-operative society within sixty days or by the housing Co-operative society within ninety days from the date of submission of the application from the Registrar under sub-section (5) or in the case of refusal under sub-section (6), the Co-operative society shall have the right to appeal to the Co-operative Registration Council referred to in section 95 within one month from the date of expiry of the said period or from the date of receipt of the order of refusal, as the case may be, against such non-receipt of information or refusal from the Registrar and the registration Council shall dispose of the appeal within two months from the date of receipt of the same: Provided that similar procedure shall also apply in the case of amendment of by- laws of the Co-operative society. (8) If the registration of a Co-operative society and its by-laws is refused, the registrar shall transfer the application to the Co-operative Registration Council with his comments and shall inform the applicant or the chief promoting member in writing within one month of expiry of the aforesaid period with a copy to the District Co- operative Union or to the State Co-operative Union, as the case may be and the Co- operative Registration Council shall decide the matter within three months from the date of receipt of the same. (9) After registration of a Co-operative society, the first board shall continue till election of the new board in the first annual general meeting.