Section 5 in The Karnataka Souharda Sahakari Act, 1997
5. Application for registration of Co-operative.
(1)An application for registration of a Co-operative shall be made to the Registrar in such form and in such manner as may be prescribed.(2)Every such application shall be accompanied by,-(a)the original and five copies of the bye-laws of the proposed Co-operative as adopted by the promoters of such Co-operative or by the representatives of Co-operatives who wish to form into a union Co-operative or by the general body of a Co-operative society which intends to convert itself into a Co-operative under this Act;(b)a list of names of individuals or Co-operatives which intend to form a Co-operative and in the case of a Co-operative society, a list of names of members of such society together with the names of members of the committee containing their addresses, occupation and financial commitments;(c)a true copy of the minutes of the meeting at which the bye-laws were adopted, duly signed by atleast a majority of individuals or promoters present or representatives present at such meeting where the bye-laws were adopted, or in the case of a Co-operative society, a true copy of the resolution and the minutes of the general meeting;(d)a copy of the challan for having paid the registration fee of one percent of the total authorised share capital by whatever name called, subject to a minimum of five hundred rupees and a maximum of five thousand rupees; and(e)in case of a Co-operative society, documents to show that the Co-operative society has not received any share capital and any loans or guarantee by Government or loans and guarantee by any Co-operative society.(3)The Registrar shall, if he is satisfied that,-(a)the application is in conformity with the provisions of this Act and rules;(aa)[ the proposed Co-operative complies with the requirements of sound business and has reasonable chances of success,] [Inserted by Act 21 of 2004 w.e.f. 31.3.2004.](b)the proposed bye-laws are in conformity with section 10; and(c)the name of the proposed Co-operative is not the same as that of a Co-operative already registered under this Act or is not the same as that used by a Co-operative society already registered under section 7 of the Karnataka Co-operative Societies Act, 1959,register the Co-operative and also its bye-laws and send by registered post a certificate of registration and the original registered bye-laws signed and sealed by him to the Chief Promoter mentioned in the application or to the Co-operative society within a period of ninety days from the date of receipt of application. A copy of such certificate of registration along with the copy of the bye-laws shall also be sent to the Federal Co-operative.[Provided that in the case of [a proposed] [Inserted by Act 21 of 2004 w.e.f. 31.3.2004.] Co-operative Bank, the registration in terms of this section shall take place only with the prior approval of the Reserve Bank.] [Inserted by Act 21 of 2004 w.e.f. 31.3.2004.](4)If the conditions laid-down in sub-section (3) are not fulfilled, the Registrar shall communicate by registered post the order of refusal together with the reasons therefor, to the Chief Promoter or to the Co-operative society, as the case may be, within ninety days from the date of receipt of application.(5)An appeal against the order under sub-section (4) may be made,-(a)if the order was made by the Registrar, to the Government; or(b)if the order was made by any other officer to that officer's immediate superior officer.(6)If the Registrar fails either to register or to refuse registration within the period specified in sub-section (3) or (4), the Co-operative shall be deemed to have been registered under this Act after the expiry of the said period.
