Section 378J: Option to inter-State co-operative societies to become Producer Companies
This section allows inter-State co-operative societies to become Producer Companies by applying for registration under this Chapter.
The section, clause by clause
What the section says
In plain terms
(1)Notwithstanding anything contained in sub-section (1) of section 378C, any inter-State co-operative society with objects not confined to one State may make an application to the Registrar for registration as Producer Company under this Chapter.
An inter-State co-operative society with objects not confined to one State can apply to the Registrar for registration as a Producer Company under this Chapter.
(2)Every application under sub-section (1) shall be accompanied by—
The application must be accompanied by a special resolution, statements showing directors and members, and a declaration certifying the correctness of the particulars.
(2)(a)a copy of the special resolution, of not less than two-thirds of total members of inter-State co- operative society, for its incorporation as a Producer Company under this Act;
(2)(b)a statement showing—
(2)(b)(i)names and addresses or the occupation of the directors and the Chief Executive, if any, by whatever name called, of such co-operative; and
(2)(b)(ii)list of members of such inter-State co-operative society;
(2)(c)a statement indicating that the inter-State co-operative society is engaged in any one or more of the objects specified in section 378B;
(2)(d)a declaration by two or more directors of the inter-State co-operative society certifying that particulars given in clauses (a) to (c) are correct.
(3)When an inter-State co-operative society is registered as a Producer Company, the words “Producer Company Limited” shall form part of its name with any word or expression to show its identity preceding it.
When registered as a Producer Company, the society's name must include the words "Producer Company Limited" with any preceding words or expressions to show its identity.
(4)On compliance with the requirements of sub-sections (1) to (3), the Registrar shall, within a period of thirty days of the receipt of application, certify under his hand that the inter-State co-operative society applying for registration is registered and thereby incorporated as a Producer Company under this Chapter.
The Registrar must certify the registration within 30 days of receiving the application if all requirements are met.
(5)A co-operative society formed by producers, by federation or union of co-operative societies of producers or co-operatives of producers, registered under any law for the time being in force which has extended its objects outside the State, either directly or through a union or federation of co-operatives of which it is a constituent, as the case may be, and any federation or unions of such co-operatives, which has so extended any of its objects or activities outside the State, shall be eligible to make an application under sub-section (1) and to obtain registration as a Producer Company under this Chapter.
A co-operative society that has extended its objects outside the State can apply for registration as a Producer Company under this Chapter.
(6)The inter-State co-operative society shall, upon registration under sub-section (1), stand transformed into a Producer Company, and thereafter shall be governed by the provisions of this Chapter to the exclusion of the law by which it was earlier governed, save in so far as anything done or omitted to be done before its registration as a Producer Company, and notwithstanding anything contained in any other law for the time being in force, no person shall have any claim against the co-operative institution or the company by reason of such conversion or transformation.
Upon registration, the inter-State co-operative society becomes a Producer Company governed by this Chapter, and no person can claim against the company due to this conversion.
(7)Upon registration as a Producer Company, the Registrar of Companies who registers the company shall forthwith intimate the Registrar with whom the erstwhile inter-State co-operative society was earlier registered for deletion of the society from its register.
After registration, the Registrar of Companies must inform the Registrar with whom the inter-State co-operative society was earlier registered to delete the society from its register.
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