Section 13 in The West Bengal Co-Operative Societies Act, 1983
13. Application for registration. -
(1)An application for registration of a co-operative society and its by-laws shall be made to the Registrar in the prescribed manner with one copy to the District Co-operative Union in the case of a co-operative society within a district and to the State Co-operative Union in the case of a State level society. The application shall be accompanied by two copies of the proposed by-laws of the co-operative society. The persons by whom or on whose behalf the application is made shall furnish such information in regard to the co-operative society as the Registrar may require.(2)Where an application for registration of a co-operative society and its by-laws is made by individuals, the number of applicants shall not be less than ten, each of whom shall belong to a different family:[Provided that in the case of a co-operative housing society, the number of applicants shall not be less than eight.] [Proviso added by West Bengal Act 21 of 1990.]Explanation.- For the purpose of this sub-section, a family shall be deemed to consist of husband, wife, minor sons and daughters, dependent widow of a predeceased son, minor sons and daughters of a dependent widow of a predeceased son and husband's dependent parents.(3)The State Government may prescribe the extent to which a co-operative society shall limit the number of its members.(4)(a)The Registrar shall dispose of an application for registration of a co-operative society (other than a co-operative housing society or an industrial co-operative society not entirely composed of rural artisans) and its bylaws within three months from the date of its receipt by him.(b)An application for registration of a co-operative housing society or an industrial co-operative society not entirely composed of rural artisans and its by-laws shall be disposed of by the Registrar within four months from the date of its receipt by him.(5)If the registration of a co-operative society and its by-laws is refused or the application for such registration is not disposed of by the Registrar within the period mentioned in clause (a) or clause (b), as the case may be, of sub-section (4), the Registrar shall transfer the application to the Cooperative Registration Council referred to in sub-section (7) with his comments, and shall inform, in writing, the applicant or the chief promoter of the application of such transfer, within one month of expiry of the aforesaid period. The Registration Council shall decide the matter within two months from the date of receipt of the application.(6)If the applicant or the chief promoter of the application does not receive any information from the Registrar under sub-section (5) within the period mentioned in that sub-section, he shall have the right to appeal to the Co-operative Registration Council within one month from the date of expiry of the said period.(7)(a)The State Government shall constitute a council to be called the Co-operative Registration Council consisting of a Chairman and two other members.[The Chairman of the Co-operative Tribunal or the Chairman of the principal Co-operative Tribunal, as the case may be,] [Words substituted by West Bengal Act 21 of 1990.] referred to in section 135 shall be the Chairman of the Co-operative Registration Council. Of the two other members, one shall be nominated by the State Government and the other shall be nominated by the State Co-operative Union.(b)The Co-operative Registration Council shall have jurisdiction throughout West Bengal and shall function in such manner as may be prescribed.
