Society registration act 1860
5 years ago
Sir,
Can we register our building society(3000sq.feet) of 14 Apartments in indore Madhya Pradesh under
Society registration act 1860. Or
Madhya Pradesh co-operative society act 1960.
Please explain in detail...
Prakhar
A.Dear Sir,
Yes, you can.
Ask one Advocate to do the job for you.
Shanti Ranjan Behera
Advocate
Yes, you can.
Ask one Advocate to do the job for you.
Shanti Ranjan Behera
Advocate
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Shreyash Mohta
Responded 5 years ago
A.Sir, your building society [3000 sq.feet] of 14 Apartments in Indore, Madhya Pradesh should be registered under Society Registration Act, 1860 and not Madhya Pradesh Co-operative Society Act, 1960.
The details are as follows
1. Chapter 3 [Point 4 of the Act states that]
Societies which may be registered.- Subject to the provisions of this Act, a society which has as its objects the promotion of the economic interest of its members or their general welfare in accordance with co-operative principles or a society established with the object of facilitating the operations of such a society, may be registered under this Act.
2. Chapter 3 [Point 6 of the Act states that]
Conditions of registration.-
(1) No society, other than a society of which another society is a member, shall be registered under this Act unless it consists of at least (twenty) persons competent to contract under section 11 of the Indian Contract Act, 1872 (IX of 1873) and belonging to (twenty) different families, not being near relations and, where the objects of the society include the creation of funds to be lent to its members, unless such persons, save where the Registrar by general or special order otherwise directs, reside in the same town or village or in a compact group of villages:
Provided that a society formed exclusively for the benefit of students may be registered, notwithstanding that the members of such society may not have attained the age of majority according to the law to which they are subject:
Provided further that the Registrar may relax the condition of minimum membership to that society which is organized for the welfare of the employees of any organization/establishment. Provided also that in case of a primary society, there shall be at least 33 per cent. women members at the time of registration:
Provided also that the Registrar may, for sufficient reasons, relax the conditions of the prescribed percentage of women members.
(2) The word "limited" or its equivalent in any Indian language shall be the last word in the name of every society registered with limited liability under this Act.
As your query does not comply with Chapter 3 [Point 6, sub point (1)] of the Act, it is advisable to register your building under the Society Registration Act, 1860.
Hope this helped
Shreyash Mohta
The details are as follows
1. Chapter 3 [Point 4 of the Act states that]
Societies which may be registered.- Subject to the provisions of this Act, a society which has as its objects the promotion of the economic interest of its members or their general welfare in accordance with co-operative principles or a society established with the object of facilitating the operations of such a society, may be registered under this Act.
2. Chapter 3 [Point 6 of the Act states that]
Conditions of registration.-
(1) No society, other than a society of which another society is a member, shall be registered under this Act unless it consists of at least (twenty) persons competent to contract under section 11 of the Indian Contract Act, 1872 (IX of 1873) and belonging to (twenty) different families, not being near relations and, where the objects of the society include the creation of funds to be lent to its members, unless such persons, save where the Registrar by general or special order otherwise directs, reside in the same town or village or in a compact group of villages:
Provided that a society formed exclusively for the benefit of students may be registered, notwithstanding that the members of such society may not have attained the age of majority according to the law to which they are subject:
Provided further that the Registrar may relax the condition of minimum membership to that society which is organized for the welfare of the employees of any organization/establishment. Provided also that in case of a primary society, there shall be at least 33 per cent. women members at the time of registration:
Provided also that the Registrar may, for sufficient reasons, relax the conditions of the prescribed percentage of women members.
(2) The word "limited" or its equivalent in any Indian language shall be the last word in the name of every society registered with limited liability under this Act.
As your query does not comply with Chapter 3 [Point 6, sub point (1)] of the Act, it is advisable to register your building under the Society Registration Act, 1860.
Hope this helped
Shreyash Mohta
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Prakhar Vishwakarma
Replied 5 years ago
Sir,
What is the minimum number of members require for registration.
And if the goal and objective of registration only to benefit only few flate members who is living in particular floor.
In this condition others flate members protest this registration...?
What are the ways of doing it...
Sir Plz help us..
Shreyash Mohta
Replied 5 years ago
Under M.P. Co - Operative Societies Act it is 20 members.
The other flat members can protest. For further clarifications please contact us through vidhikarya.
Thanks and Regards
Shreyash Mohta
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