Central

Section 45 of The Co-operative Societies Act, 1912

Notwithstanding anything contained in this Act, the State Government may, by special order in each case and subject to such conditions, if any, as it may impose, exempt any society from any of the requirements of this Act as to registration

Summary

The State Government can allow a specific group to register as a cooperative even if they do not meet all the standard legal requirements for registration.
This exemption requires a special order from the government for each individual case, rather than a general rule.
The government has the authority to attach specific conditions to this exemption when granting it.

Practical examples

1A group of 8 artisans wants to form a cooperative, but the law normally requires at least 10 people. The State Government issues a special order under this section allowing this specific group of 8 to register, on the condition that they add two more members within a year.

2An agricultural society cannot meet the standard geographic requirement of residing in the same village. The State Government creates a special order allowing them to register anyway because they belong to a unique, scattered farming collective.

FAQ

1. Under Section 45 of The Co-operative Societies Act, 1912, who has the power to exempt a society from registration conditions?

The State Government has the power to exempt a society from the registration requirements.

2. Can the government issue a blanket exemption for all societies under Section 45 of The Co-operative Societies Act, 1912?

No, the government must issue a special order in each individual case to grant an exemption from registration conditions.

3. If a society gets an exemption under Section 45 of The Co-operative Societies Act, 1912, is it free from all rules?

No, the State Government can impose specific conditions on the society when it grants the exemption.

Test yourself

Q1.Under Section 45 of The Co-operative Societies Act, 1912, what format must the State Government use to exempt a society from registration requirements?

Q2.Under Section 45 of The Co-operative Societies Act, 1912, what kind of requirements can the State Government exempt a society from?

Q3.Under Section 45 of The Co-operative Societies Act, 1912, if the State Government decides to grant an exemption for registration, are they required to do so unconditionally?

Q4.A group wants to form a cooperative but does not meet the criteria in the Act. Who must they convince to issue an order under Section 45 of The Co-operative Societies Act, 1912 to let them register anyway?

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