Section 4 in The M.P. Swayatta Sahakarita Adhiniyam, 1999
4. Registration of Co-operative.
(1)Subject to the provisions of this act, a co-operative which intends to be self reliant, autonomous, voluntary, democratic business enterprise constituted in accordance with the co-operative principles specified in Schedule A or a co-operative established with the object of facilitating the operations of such co-operatives, other than the housing co-operative shall be registered under this Act:Provided that no co-operative [which has taken loan, share capital or Government guarantee from Government] [Substituted by M.P. Act No. 24 of 2001 for the words 'which has taken loan, share capital, Government guarantee or grant from Government' (w.e.f. 15-10-2001).] shall be registered as a co-operative under this Act.(2)No co-operative, other than a co-operative of which another co-operative is a member, shall be registered under this Act unless it. consists of at least [ten] [Substituted for 'twenty' by M.P. Act No. 24 of 2001.] persons competent to contract under Section 11 of the Indian Contract Act, 1872 (IX of 1872) and belonging to [ten] [Substituted for 'twenty' by M.P. Act No. 24 of 2001.] different families.(3)For the purpose of registration, an application therefor shall be submitted to the Registrar by hand or by registered post, signed by at least [ten] [Substituted for 'twenty' by M.P. Act No. 24 of 2001.] persons qualified under sub-section (2) who wish to form a primary co-operative or by a duly authorised person on behalf of every such registered co-operative which wish to form a [principal co-operative] [Substituted by M.P. Act No. 16 of 2010 for the words 'secondary co-operative'.].(4)The person by whom or on whose behalf such application is made, shall furnish such information in regard to the proposed co-operative as the Registrar may require.(5)Every such application shall be accompanied by-(a)the original declaration signed by applicants expressing commitment to the co-operative principles specified in Schedule A;(b)the original and four copies of the proposed bye-laws of the co-operative as adopted by the applicants;(c)a true copy of the resolution passed at a meeting by the applicants adopting the bye-laws;(d)[ a list of names of all the applicants with their photos and such proof of their permanent residential address as specified by the Registrar;] [Substituted by M.P. Act No. 16 of 2010. Prior to substitution it read as under: '(d) a list of names of the applicants with their complete address;'](e)a copy of a treasury challan in support of payment of registration fee calculated in accordance with the provisions of sub-section (1) of Section 18.(6)The Registrar shall register the co-operative and also take on record its bye-laws and communicate by registered post a certificate of registration and the original bye-laws signed and sealed by him, within sixty days from the date of submission or receipt of application for registration as the case may be, to such person specified in the application for the purpose subject to the fulfilment of the following conditions, namely :-(a)the application is in conformity with the requirements laid down by this Act;(b)the object of the proposed co-operative is the economic and social betterment of its members through the provisions of core services to fulfil such common need as specified in the proposed bye-laws;(c)the proposed bye-laws are not inconsistent with the provisions of this Act and are not against the aims and objects of the co-operative; and(d)the registration fee has been paid.(7)If the conditions laid down in sub-sections (4) and (6) are not fulfilled, the Registrar shall communicate by registered post the order of refusal together with the reasons therefor, within sixty days from the date of submission or receipt of application for registration, as the case may be, to the person as specified in the application for the purpose ;Provided that no order of refusal shall be passed without giving an opportunity of being heard to the applicant.(8)The certificate of registration signed and sealed by the Registrar shall be conclusive evidence that the co-operative mentioned therein is a co-operative duly registered under this Act, unless it is proved that the registration of the co-operative has been subsequently cancelled.(9)No co-operative shall commence business unless it has obtained a certificate of Registration under sub-section (7) and every member of such co-operative carrying on business in contravention of this sub-section shall be severally liable for all liabilities incurred in such business.(10)Where within sixty days of submission or receipt of the application for registration, as the case may be, an applicant receives neither the certificate of registration nor the order of refusal, the applicant may move the Co-operative Tribunal for redressal.
