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State of Uttarakhand - Section

Section 3 in Uttarakhand Self Reliant Co-Operatives Act, 2003

3. Registration of a Co-operative.

(1)The State Government may appoint a person to be the Registrar of cooperatives for the State.
(2)The State Government may for the purposes of this Act, by general or special order, appoint other persons to assist the Registrar and may confer on such person any or such of the powers of the Registrar as the government may specify.
(3)From the date of notification of this Act, all co-operative businesses in reference to Schedule A, whose members are drawn from within the state of Uttarakhand shall be registered under this Act.
(4)A memorandum of association in the form provided for in Schedule B, may be submitted to the Registrar by hand or by registered post, signed by the individuals who wish to form a primary co-operative or by the delegates of co-operatives which wish to form a secondary co-operative.
(5)7 or more individuals or two or more cooperatives may from a cooperative under this Act.
(6)The Registrar shall register the memorandum of association, and also take on record its articles of association and communicate by registered post a certificate of registration, as specified in Schedule C, and a certified copy of the memorandum of association and of the articles of association signed by him/her, within sixty days from the date of submission of the memorandum of association, to such person as is specified in the Memorandum.
(7)if the conditions laid down in sub-section 5 (4) are not fulfilled, the Registrar shall communicate by registered post the order of refusal together with the specific reasons therefore, within sixty days from the date of submission of memorandum, to such person as is specified in the memorandum.Provided that no order of refusal shall be passed except after giving an opportunity of making representation on behalf of the promoters by the person specified in the Memorandum.
(8)Where a co-operative is registered under sub-section (6), the certificate of registration signed and sealed by the Registrar shall be conclusive evidence that the association mentioned therein is a co-operative duly registered under this Act, unless it is proven that the registration of the co-operative has been cancelled.
(9)Where within seventy-five days of submission of the Memorandum for registration, the person specified in the Memorandum receives neither the certificate of registration nor the order of refusal, the cooperative will be deemed to be registered under this Act, and the Registrar shall issue a certificate of registration, within the following 15 days.