CONVERSION OF AN INTER-STATE COOPERATIVE SOCIETY INTO A PRODUCER COMPANY

(i) Inter State Co-operative Society with objects not confined to one state may make an application to Registrar for registration as producer company under Part IX-A of the Act. (ii) 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 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 of Unions of such Co-operatives, which has so extended any of its objects or activities outside the State, may make an application for registration as a Producer Company.

Accordingly, 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. The eligibility for making an application for conversion of inter-state co-operative society is as follows: (i) Inter State Co-operative Society with objects not confined to one state may make an application to Registrar for registration as producer company under Part IX-A of the Act. (ii) 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 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 of Unions of such Co-operatives, which has so extended any of its objects or activities outside the State, may make an application for registration as a Producer Company.

An ‘Inter-State Co-operative Society’ means a Multi-State Co-operative Society as defined in Section 3(p) of Multi-State Co-operative Societies Act, 2002 and includes a national co-operative society and a federal cooperative. Section 581J explains the provisions relating to conversion of an existing co-operative society into a Producer Company. Accordingly, 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. The eligibility for making an application for conversion of inter-state co-operative society is as follows: (i) Inter State Co-operative Society with objects not confined to one state may make an application to Registrar for registration as producer company under Part IX-A of the Act. (ii) 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 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 of Unions of such Co-operatives, which has so extended any of its objects or activities outside the State, may make an application for registration as a Producer Company. The procedure for conversion is as follows: (1) Every application for conversion shall be accompanied by: (a) a copy of the special resolution of not less than two third of total members of Inter-State Co-Operative Society, for its incorporation as a producer company under this Act. (b) a statement showing – (i) names and addresses or the occupation of the directors and chief executive, if any, by whatever name called. (ii) list of members of such Inter-State Co-operative Society. (c) a statement indicating that the Inter-State Co-operative Society is engaged in any one or more of the objects specified in Section 581B. (d) a declaration by two or more directors of the Inter-State Co-operative Society certifying that particulars given in (a) to (c) above are correct. (2) On compliance with the requirements for conversion, 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 Part IXA. (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. (4) Upon registration the Inter-State Co-operative Society shall stand transformed into a Producer Company, and thereafter shall be governed by the provisions of Part IXA 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. (5) 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 appropriate deletion of the society from its register thanks