Snehal soni
We are interested in forming a cooperative credit society, at District Headquarter of Dahod District of State Gujarat. Now, District Registrar is asking for NOC from other cooperative societies to get the registration. Is it mandatory?
I C Naik
Forming a Cooperative Society is a fundamental right. No Law concerning registration or Government Officer can prevent you if all legal requirements (as laid down under Cooperative Societies Act) are complied. What one can do is file an application for registration and ask for a “refusal letter” which the Registering Authority is duty bound. The other Society fearing competition will not give NOC. This is a colonial thinking and is no longer enforceable.
Your appeal remedy is as per Section 153(1) reproduced below.
An appeal against an order or decision under sections 4,9,11,13,17,19, 36,81 and 160 shall lie:-
(a) If made or sanctioned or approved by the Registrar, or an Additional or Joint Registrar on whom powers of the Registrar are conferred, to the Administrator.
(b) If made or sanctioned by any person other than the Registrar, or an Additional or Joint Registrar on whom the powers of the Registrar are conferred, to the Registrar.
