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State of Andhra Pradesh - Section

Section 4 in Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995

4. Registration

: - (1) Where not less than ten individuals each being a members of a different family intend to form a Co-operative Society, or two or more a Co-operative Societies registered under this section wish to form into a federation, or a society registered [under the provisions] [Substituted for 'under Section 7' by Act No. 20 of 2006, w.r.e.f. 1-6-1995.] of the Andhra Pradesh Co-operative Societies Act, 1964 intends to convert itself into a Co-operative Society under this Act, they shall frame bye-laws for this purpose in accordance with Section 3 in the first instance.[Provided that no Co-operative Society shall be registered as a Dairy or Milk Co-operative Society and no Dairy or Milk Co-operative Society registered under any other law shall be converted into a dairy or milk co-operative society under this Act.] [Proviso added by Act 20 of 2006, w.r.e.f. '1-6-1995.]
(1A)[ Notwithstanding anything contained under this Act or under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964, (Act 7 of 1964), all the Dairy/Milk Co-operative Societies registered or deemed to have been registered or converted under the provisions of this Act, shall be deemed to have been excluded from the provisions of this Act and deemed to have been registered and continued under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964).] [Inserted by Act 20 of 2006, w.r.e.f. 1-6-1995.]
(2)Thereafter an application for registration shall be submitted to the Registrar by hand or by registered post.
(3)Every such application shall be accompanied by:-
(a)the original and one copy of the bye-laws of the proposed Co-operative Society as adopted by the individuals or delegates of Co-operative Societies who wish to form into a Co-operative Society under this Act or by the general body of a Society registered under the Andhra Pradesh Co-operative Societies Act, 1964 which wishes to convert itself into a Co-operative Society under this Act ;
(b)a list of names of individuals or co-operatives who wish to form into a Co-operative Society under this Act or of the members of the committee of the society registered under the Andhra Pradesh Co-operative Societies Act, 1964 which intends to convert itself into a Co-operative Society under this Act with their addresses, occupations and their financial commitments to the proposed Co-operative Society;
(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 delegates present at the meeting where the bye-laws were adopted, or by a majority of the members of the committee of the co-operatives concerned where a society registered under the Andhra Pradesh Co-operative Societies Act, 1964 intends to convert itself into Co-operative Society under this Act ;
(d)registration fee amounting to one per cent of the total authorised share capital by whatever name called subject to a minimum of one hundred rupees and a maximum of ten thousand rupees ; and
(e)in the case of a society registered under Section 7 of the Andhra Pradesh Co-operative Societies Act, 1964 and wishing to convert itself into a Co-operative Society under this Act, evidence to show that the Society is not in possession of any share capital from Government, and evidence also to show that the Society is not in receipt of any Government loans or guarantees at the time of applying for registration as a Co-operative Society under this
Act, or that it has entered into a Memorandum of Understanding with the Government for any such outstanding loans or guarantees.
(4)The Registrar shall if he is satisfied that,-
(a)the application is in conformity with the requirements of this Act;
(b)the proposed bye-laws are not contrary to the provisions of this Act ; and
(c)the name of the proposed Co-operative Society is not the same as that of a Co-operative Society already registered under this section, or the same as that used by a class of societies already registered under Section 7 of the Andhra Pradesh Co-operative Societies Act, 1964, register the Co-operative Society and also its bye-laws and communicate by registered post a certificate of registration and the original of the registered bye-laws signed and sealed by him, within a period of sixty days from the date of submission of application, to the Chief Promoter mentioned in the application.
(5)If the conditions laid down in sub-sec. (4) 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 of application, to the Chief Promoter.
(6)There shall be appointed a Registrar of Mutually Aided Co-operative Societies for the State and as many other Officers as the Government may think fit for the purposes of this Act. (See page No. 70 for notification)