PRESIDENT Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) The international Cooperative Alliance defines a cooperative as follows:

(2.) It is the case of the respondents that relying on a Government circular dated 26-5-1997 only the steps have been taken to limit the area of operation of a society to two Wards. Government circular dated 26-5-1997 is Exhibit P4 in O.P.No. 827 of 1998. Paragraph 2 of the circular is extracted below:

(3.) I am afraid, taking shelter under the circular, the Registrar cannot issue directions to the existing societies to alter their area of operation and carry out necessary amendments in the Bye-laws taking more than one reason. For onething, it is doubtful whether the circular could have retrospective operation. The Registrar is to conduct himself in accordance with Secs. 7 and 12 of the Act. Under Sec.7(1)(c) of the Act, if the Registrar is satisfied that the area of operation of the proposed society and the area of operation of another society of similar type does not overlap, he may register the society and its Bye-laws. Sec. 12 deals with the amendment. Sub-sections(5) and (6) of Sec. 12 of the Act are relevant and they are extracted below: