Sections 57 to 59 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 57 to 59 are the evidence and paperwork provisions of Chapter VI. Section 57 makes the register of members prima facie evidence of when a person became or ceased to be a member. Section 58 lets a certified copy of an entry in the society's books be received in legal proceedings and protects its officers from being compelled to produce the books. Section 59 exempts share instruments and debentures from compulsory registration in specified cases. None was amended in 2023. They are stated as per the Ministry of Cooperation copy of the Act read with the Multi-State Co-operative Societies (Amendment) Act, 2023.
Any register or list of members or shares kept by the society is prima facie evidence of the date a person became a member and of the date he ceased to be one (s.57). A copy of an entry in a book regularly kept in the course of business, certified in the manner prescribed, is received as prima facie evidence, and officers cannot be compelled to produce the books in proceedings to which the society is not a party, except under an order made for a special cause (s.58). Instruments relating to shares and certain debentures are outside clauses (b) and (c) of section 17(1) of the Registration Act, 1908 (s.59).
Section 57: register of members
"Any register or list of members or shares kept by any multi-state cooperative society shall be prima facie evidence of any of the following particulars entered therein, namely: (a) the date on which any person entered in such register or list became a member; or (b) the date on which any such person ceased to be a member."
What "prima facie evidence" means here is simple on the text: the entry stands as proof of the date unless it is shown to be wrong. The section covers two particulars only, the date of becoming a member and the date of ceasing. It does not make the register evidence of other particulars such as the number of shares or the amount paid. Those facts are provable, if at all, by other means.
The dates matter in many other provisions: the twelve-month membership test for the board in section 43(1)(e), the rights and liabilities of past members, and the active member test in section 45J. A society should therefore keep the register accurate and up to date. For disputes about whether a person was a member on a given date, our legal consultation team can help you assemble the entries and supporting records.
Section 58: copies of entries and protection of officers
Sub-section (1): certified copies
"A copy of any entry in a book of a multi-state cooperative society regularly kept in the course of its business shall, if certified in such manner as may be prescribed, be received in any suit or legal proceedings as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent, as the original entry itself if admissible."
The elements are:
| Element | Text |
|---|---|
| The book | One "regularly kept in the course of its business" |
| The copy | Certified "in such manner as may be prescribed" |
| Where it is received | "any suit or legal proceedings" |
| Effect | Prima facie evidence of the existence of the entry; admitted as evidence of the matters, transactions and accounts recorded, where and to the same extent as the original entry if admissible |
The manner of certification is left to rules. Amendment rules were notified on 4 August 2023 (G.S.R. 591(E)); the consolidated Rules should be checked. No manner is given here.
Sub-section (2): officers need not produce the books
"No officer of a multi-state cooperative society and no officer in whose office the books of a multi-state cooperative society are deposited after liquidation shall, in any legal proceedings to which the society or the liquidator is not a party, be compelled to produce any of the society's books or documents the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded, except under an order of a court or an arbitrator made for a special cause."
Three limits are worth stating. The protection applies only in proceedings to which the society or the liquidator is not a party. It covers books or documents "the contents of which can be proved under this section", that is, by a certified copy. And it yields to "an order of a court or an arbitrator made for a special cause". The Act does not say what counts as a special cause.
Section 59: exemption from compulsory registration of instruments
"Nothing in clauses (b) and (c) of sub-section (1) of section 17 of the Registration Act, 1908 (16 of 1908) shall apply to" three kinds of instrument:
- (a) "any instrument relating to shares in a multi-state cooperative society notwithstanding that the assets of the society consist in whole or in part of immovable property";
- (b) "any debenture issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property, except in so far as it entitles the holder thereof to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures"; or
- (c) "an endorsement upon transfer of any debenture issued by any such society".
Check the current law for the corresponding provision of the Registration Act, 1908. Beyond that reference, the section names no other Act, and the Act does not set out what clauses (b) and (c) of that provision require; we do not describe them.
Share instruments are thus not drawn into registration merely because the society owns immovable property. A debenture is exempt unless it creates or deals with rights in immovable property, with a carve-out for a debenture secured by a registered mortgage to trustees. For the transfer of shares see our note on holding, transfer and redemption of shares.
A practical example
Annapurna Multi-State Co-operative Society is asked in a recovery suit against a former member to prove when he joined. Its Chief Executive produces a copy of the register entry certified in the manner prescribed, which the court receives as prima facie evidence of the date he became a member. In a separate suit between two outsiders, a bank officer wants the society's ledger. The society's officer is not compelled to produce it; the court would have to make an order for a special cause. When the society issues debentures that create no right in immovable property, the instruments are exempt from compulsory registration under section 59(b).
What the 2023 Amendment Act changed
| Provision | Before | After |
|---|---|---|
| ss.57, 58, 59 | As printed above | Unchanged |
The 2023 Amendment Act is Act 11 of 2023 and came into force on 3 August 2023 by notification S.O. 3493(E). The principal Act came into force by notification, date not in the source.
Need help with records and evidence?
Societies are often asked to prove membership dates, share holdings or entries in old books, and members sometimes need the same proof. Our legal consultation team can review how your records meet sections 57 and 58 before a dispute begins.
Key takeaways
- The register or list of members or shares is prima facie evidence of the dates of becoming and ceasing to be a member.
- A copy of an entry in a regularly kept book, certified in the prescribed manner, is received as prima facie evidence.
- Officers need not produce the books in proceedings to which the society is not a party, unless a court or arbitrator orders it for a special cause.
- Share instruments, certain debentures and endorsements on transfer of debentures are exempt from clauses (b) and (c) of section 17(1) of the Registration Act, 1908.
Read next
- Charge and set-off on shares and bar on attachment (sections 55 and 56)
- Deduction from salary and Government aid (sections 60 and 61)
- Holding, transfer and redemption of shares (sections 33 to 35)
- Multi-State Co-operative Societies Act, 2002: complete guide
Disclaimer: Based on the Ministry of Cooperation copy of the Multi-State Co-operative Societies Act, 2002 read with the Multi-State Co-operative Societies (Amendment) Act, 2023 (in force from 3 August 2023), as consulted on 2 October 2026. The Multi-State Co-operative Societies Rules, 2002 as amended, later notifications and later amendments are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.