Section 4 in The Orissa Self-Help Co-operatives Act, 2001
4. Conversion of Co-operative Society into a Co-operative under this Act.
(1)Notwithstanding anything contained in the Co-operative Societies Act, from the date of commencement of this Act, any Co-operative Society registered and functioning under the Co-operative Societies Act, which is not in receipt of any share capital, guarantee, loan from the Government, at the time of seeking registration under this Act, may submit memorandum of association for registration under this Act ;Provided that where the Government does have share capital, guarantee, loan or any other dues in a Co-operative Society desiring to convert itself into a Co-operative under this Act, the Co-operative society shall, before opting for registration under this Act, return the same to the Government, and the Government shall accept it :Provided further that the Co-operative society in receipt of share capital from other sources, may return such share capital, loan, guarantee etc. or shall furnish "no objection certificate" from such agency/authority:Provided further that the Co-operative Banks as defined in Sub-Clause (cci) of Clause (c) of Section 56 of the Banking Regulation Act, 1949 and registered under the Co-operative Societies Act, which intends to convert to a Co-operative under this Act, shall obtain previous sanction of Reserve Bank of India in conformity with Section 2(gg) of the Deposit Insurance and Credit Guarantee Corporation Act, 1961.(2)A memorandum of association for registration in the form specified in Schedule C, may be submitted to the Registrar by hand or by registered post, by the board of such Co-operative Society which intends to convert itself into a Co-operative under this Act, on the basis of a decision of a majority of members present at a meeting of the general body of the Cooperative Society.(3)Every such memorandum of association shall state -(a)the name of the Co-operative;(b)the address where the registered office of the Co-operative Society is situated; and(c)the objects of the Co-operative;and it shall be accompanied by -(i)a true copy of the resolution of the general body expressing commitment to the Co-operative principles as specified in Schedule D;(ii)the original articles of association and one copy of the articles of association of the proposed Co-operative as adopted by the general body of the Co-operative Society;(iii)a true copy of the resolution of the general body of the Co-operative Society adopting the articles of association;(iv)a true copy of the declaration of the general body of the Cooperative Society stating that the Co-operative Society is not in receipt of any share capital, loan, guarantee or any other dues from the Government and does not intend ever to raise share capital from the Government;(v)a true copy of the latest annual report and audited statement of accounts of the Co-operative Society;(vi)a true copy of the resolution of the general body of the Co-operative Society along with particulars regarding the wiping off of accumulated losses, if any, from various reserves and or by debiting to the accounts of members as decided at the general body meeting of the Co-operative Society; and(vii)a statement of the total number of members of the Co-operative Society with right to vote as on the day of the said meeting, the number of members attended the meeting, and the number of members voted for the resolution.(4)The Registrar shall register the Co-operative and also take on record its articles of association and communicate by registered post a certificate of registration and a certified copy of the memorandum of association including the articles of association signed and sealed by him/her, within sixty days from the date of submission of memorandum of association, to such person as specified in the memorandum; if -(a)the memorandum of association is in conformity with the requirements laid down by the Act; and(b)the proposed articles of association are not contrary to the provisions of this Act.(5)If the conditions laid down in Sub-sections (3) and (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 of association, to such person as specified in the memorandum of association :Provided that no order of refusal shall be passed except after giving an opportunity of making representation on behalf of the Co-operative Society by the representative as specified in the memorandum.(6)Where a Co-operative is registered under Sub-section (4), 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 the Co-operative is dissolved under Sub-section (4) of Section 53.(7)Where within seventy-five days of submission of the memorandum of association for registration, the representative specified in the memorandum of association receives neither the certificate of registration nor the order of refusal, the Co-operative Society shall deemed to have been .registered as a Co-operative under this Act and the representative specified in the memorandum may apply to the Registrar, who shall issue certificate of registration to such representative within fifteen days from the date of receipt of such application.(8)Notwithstanding anything contained in the Co-operative Societies Act in their context, where a Co-operative is registered under Sub-section (4), its earlier registration as a Co-operative society under the Co-operative Societies Act shall stand cancelled and it shall send within seven days of receipt of the registration certificate, by registered post, to the Registrar of Co-operative Societies a copy of the registration certificate under the Cooperative Societies Act, and a copy of the registration certificate under this Act, and the Registrar of Co-operative Societies shall, within seven days of receipt of such information, delete the name of such Co-operative Society from the register.(9)Where a Co-operative is registered under Sub-section (4), the assets and liabilities, the rights and obligations, and the members of the converted Co-operative Society shall become the assets and liabilities, the rights and obligations, and the member of the Co-operative registered under this Act, and all transactions of the Co-operative society shall be deemed to have been the transactions of the Co-operative registered under this Act.(10)Where a Co-operative Society, which is a member of a Central/ Apex Co-operative Society, is registered as a Co-operative under this Act, the Co-operative may continue to receive services from the Central/Apex Co-operative Society and to participate in its affairs for a period of one year from the date of its registration under this Act, at the end of which period, its membership in that Central/Apex Co-operative Society shall cease, unless, by then, such Central/Apex Co-operative Society, too is registered as Secondary Co-operative under this Act :Provided that in all matters governing the internal functioning of the Co-operative, this Act shall prevail, whereas in matters governing the relationship including the recoveries of dues of the Co-operative with the Central/Apex Co-operative Society to which it is affiliated, the Co-operative Societies Act shall prevail ;Provided further that even on cessation of membership, the Co-operative may continue to receive such services, and have such business relations as are mutually agreed upon, and permissible under the Co-operative Societies Act.(11)Where a Central Co-operative society which has other Co-operative Societies as it members is registered as a Secondary Co-operative under this Act, it may continue to serve and have its affairs managed by its member-Co-operative Societies, for a period of one year from the date of its registration under this Act, at the end of which period it may have as its members only such Co-operatives as are registered under this Act ;Provided that in all matters governing the relationship between the Secondary Co-operative and its member-Co-operative Societies, the provisions of this Act shall prevail :Provided further that in respect of recovery of dues from the Co-operative Societies by the Secondary Co-operative, the relevant provisions under the Co-operative Societies Act, shall mutatis mutandis apply.(12)Where any liability proceeding, suits, transactions or litigation of the Co-operative Society remains unsettled the outcome of the same shall lie to the Co-operative after its conversion under this Act:
