Section 4 in The Jammu and Kashmir Dissolution of Muslim Marriages Act, 1999 (1942 A.D.)
4. Conversion of a cooperative society into a cooperative under this Act.
(1)Notwithstanding anything in the Cooperative Societies Act, from the date of notification of this Act, any cooperative society registered and functioning under that Act, which is not in receipt of any share capital from the Government, at the time of seeking registration under this Act, may apply for registration under this Act:Provided that where the Government does have share capital in a cooperative society desiring to convert itself into a cooperative under this Act, the cooperative society may, before applying for registration under this Act, return such share capital to the Government, and the Government shall accept such returned share capital.(2)An application for registration may be submitted to the Registrar by hand or by registered post by the board of such cooperative society as wishes to convert itself into a cooperative 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, called with at least twenty days notice, and attended by at least twenty-five per cent of total members or five hundred members, whichever is less.(3)Every such application shall be accompanied by-(a)a true copy of the resolution of the general body expressing commitment to the principles of cooperation as provided for in Schedule A;(b)the original and one copy of the articles of association of the proposed cooperative as adopted by the general body;(c)a true copy of the resolution of the general body adopting the articles of association;(d)a true copy of the declaration of the general body stating that the cooperative is not in receipt of any share capital from the Government or any other external source, and does not intend ever to raise share capital from the Government or any source other than members;(e)a true copy of the latest annual report and audited statement of accounts;(f)a true copy of the resolution of the general body 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 meeting;(g)a statement of the total number of members of the cooperative society as on the day of the meeting, the members who attended the meeting and the number who voted for the resolution.(4)The Registrar shall register the cooperative and also take on record its articles of association and communicate by registered post a certificate of registration and the original of the registered articles of association signed and sealed by him/her within sixty days from the date of submission of application, to such person as specified in the application :Provided that-(a)the application is in conformity with the requirements laid down by this 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 therefor, within sixty days from the date of submission of application to such person as specified in the application :Provided that no order of refusal shall be passed except after giving an opportunity of making representation on behalf of the applicants by such person as specified in the application.(6)Where a cooperative 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 cooperative duly registered under this Act, unless it is proved that the duly registration of the cooperative has been cancelled.(7)Where within seventy five days of submission of the application for registration, the person specified in the application receives neither the certificate of registration nor the order of refusal, that person may move the Court for redressal.(8)Where a cooperative is registered under sub-section (4), its earlier registration as a cooperative society under the Cooperative 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 Cooperative Societies a copy of the registration of the registration certificate under the Cooperative Societies Act, and a copy of the registration certificate under this Act, and the Registrar of Cooperative Societies shall, within seven days of receipt of such information, delete the name of such cooperative society from the register.(9)Where a cooperative is registered under sub-section (4), the assets and liabilities, the rights and obligations, and the members of the applicant cooperative society shall become the assets and liabilities, the rights and obligations, and the members of the cooperative registered under this Act, and all transactions of the applicant cooperative society shall be deemed to have been the transactions of the cooperative registered under this Act.(10)Where a cooperative society is in receipt of loan or guarantee from the Government at the time of applying for registration as a cooperative under this Act, it shall apply within a month of registration under this Act, to the Government for entering into a memorandum of understanding with the Government for the loan and/or guarantee made available by the Government, failing which it shall repay the entire amount due as loan to the Government or other source for which guarantee was made available by the Government, within six months from the date of registration.(11)Where, in accordance with sub-section, (10), a memorandum of understanding is not entered into with the Government, for whatsoever reason, and a cooperative does not repay to the Government or other source such amounts as are due by it, it shall be competent for the Government to recover from the cooperative the amounts due to it or to any other source for which the Government stood guarantee in the same manner as arrears in land revenue.(12)Where a cooperative society which is a member of secondary cooperative society is registered as a cooperative under this Act, the cooperative may continue to receive services from the secondary cooperative 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 secondary cooperative society shall cease, unless, by then, the secondary cooperative society, too is registered under this Act:Provided that in all matters governing the internal functioning of the cooperative, this Act shall prevail, whereas in matters governing relationship of the cooperative with the secondary cooperative society to which it is affiliated, the Cooperative societies Act shall prevail.(13)Where a secondary cooperative society which has other cooperative societies as its members is registered as a secondary cooperative under this Act, it may continue to serve and have its affairs managed by its member cooperative societies, for a period of one year from the date of its registration under this Act, at the end of which period may have as its members only such cooperatives as an registered under this Act:Provided that in all matters governing the relationship between the secondary cooperative and its member cooperative societies, the provisions of this Act shall prevail.
