APCOS Act 6अध्याय II · Registration of Societies

धारा 6 · [x x x] [The words 'Application for provisional' omitted by Act No. 22 of 2001, dated 25.4.2001.] Registration of a society

(1)

[An application for the registration of a society] [Substituted by Ibid.] shall be made to the Registrar in such form and with such particulars as may, from time to time, be specified by the Registrar.

(2)

Every such application shall conform to the following requirements namely:

(a)

[ the application shall be accompanied by:- [Substituted by Act No. 22 of 2001, dated 25.4.2001.]

(i)the original and one copy of the proposed bye laws of the society as adopted by the applicants;

(ii)a true copy of the minutes of the meeting at which the bye laws were adopted duly signed by the applicants;

(iii)a sworn statement from each applicant that he is a member of a different family and particulars furnished in the application form prescribed are true to the best of his knowledge and belief;]

(b)

where all the applicants are individuals, the number of applicants shall not be less than ten, each being a member of a different family, and every one of them shall possess eligibility to become a member as required under sub-section (1) of Section 19 :

Explanation: - For the purposes of this clause, the expression "member of a family" means a wife, husband, father, mother, grand-father, grand-mother, step-father, step-mother, son, daughter, step-son, step-daughter, grand-son, grand-daughter, brother, sister, half-brother, half-sister and wife of brother or half-brother;

(c)

Where the objects of the society include the raising of funds to be lent to its members and where all the applicants are individuals, the applicants shall reside or own immovable property in the same town, village or group of villages or belong to the same class or pursue the same occupation:

Provided that in the case of a society with unlimited liability, the members thereof shall reside in the same town, village or group of villages ;

(cc)

[ Where the objects of the Society include production and sales activity by supplying raw material to members for production of finished products and where all applicants are individuals, such applicants shall reside in the area of operations proposed for the society and belong to the same class or pursue the same occupation ; and it shall also be competent for the Government to specify by order such other class of societies, the applicants of which shall reside in the area of operations as aforesaid and belong to the same class or pursue the same occupation;] [Inserted by Andhra Pradesh Act No. 28 of 1988, w.e.f. 9-5-1988.]

(d)

the application shall be signed-

(i)

if the applicants are individuals by every one of such applicants, and

(ii)

if the applicant is a society, by a member duly authorised in this behalf by such society.

(3)

Where any question arises under clause (c) of sub-section (2) as to the residence, ownership, group of villages, class or occupation, such question shall be decided by the Registrar, whose decision thereon shall, subject to the provisions of Section 76, be final.

(4)

[ Where the Registrar is satisfied,-

(a)

that the application conforms to the requirements laid down by this Act and the rules made thereunder;

(b)

that the objects of the Society seeking registration are in accordance with section 4;

(c)

that such Society is likely to be economically sound and that its registration may not have an adverse effect on the development of the Co-operative movement;

(d)

that the proposed bye-laws are not contrary to the provisions of this Act and the rules made thereunder; and

(e)

that the applicants are aware of the objects of the society as specified in Section 4 of the Act and contents of the proposed bye-laws, he may register the Society and its bye-laws within such time as may be prescribed.

(5)

Where the Registrar is not so satisfied, he shall communicate by registered post the order of refusal together with the reasons thereof to the applicants within such time as may be prescribed.] [Added by Act No. 22 of 2001, dated 25.4.2001.]

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