Section 49 - Saving of Existing Societies

Text of Section 49

Meaning and Effect of Section 49

The provision avoids the need for a society registered under the earlier 1904 Act to obtain fresh registration merely because the 1912 Act replaced the earlier central legislation. Such a society is treated as registered under the 1912 Act by operation of law.

Section 49 also protects continuity of the society's existing by-laws. Those by-laws continue to operate unless they conflict with an express provision of the 1912 Act, or until they are subsequently altered or rescinded in accordance with the applicable law.

Key Legal Terms

Registered society

Section 2 of the 1912 Act defines a "registered society" to include a society registered or deemed to be registered under the Act. Section 49 therefore works with the definition by deeming qualifying societies registered under the earlier 1904 Act to be registered under the 1912 Act.

By-laws

Under Section 2, "by-laws" means the registered by-laws for the time being in force and includes a registered amendment of those by-laws. Section 49 continues the earlier society's by-laws only to the extent that they are not inconsistent with the express provisions of the 1912 Act.

Saving provision

A saving provision preserves specified legal rights, statuses, instruments or arrangements when legislation changes. Here, the saved matters are the registration status of existing societies and, subject to consistency with the 1912 Act, their existing by-laws.

Current Legal Context

The Co-operative Societies Act, 1912 is a historical central enactment. Its application has been displaced in various jurisdictions by later State co-operative societies legislation. Accordingly, the governing statute for a particular society should be checked with reference to the State or Union Territory concerned and the nature and territorial operation of the society.

Official Source

For the official text and legislative notes, see the Co-operative Societies Act, 1912 on India Code.