Amendment of bye-laws of co-operative society

1) No amendment of any bye-laws of a co-operative society shall be valid until the same has been registered under this Regulation.

2) Every proposal for such amendment shall be forwarded to the Registrar in the prescribed manner and if the Registrar is satisfied that the proposed amendment:- (i) is not contrary to this Regulation or to the rules:

(ii) does not conflict with co-operative principles; and

(iii) will promote the economic interests of the members of the society, he may register the amendment;

Provided that not order refusing to register the amendment of bye-laws shall be passed except after giving the co-operative society an opportunity of making its representation. 3) The Registrar shall forward to the co-operative society a copy of the registered amendment together with a certificate signed by him and such certificate shall be conclusive evidence that the amendment has been duly registered, 4) Where the Registrar refuses to register an amendment of the bye-laws of a co-operative society, he shall communicate the order of refusal together with the reasons therefore, to the society in the prescribed manner. 5) An amendment of the bye-laws of a registered society shall take effect from the date, if any, specified in the amendment and where no such date is specified, the amendment shall take effect from the date on which it is registered. 6)(i) Where the Registrar is satisfied that for the purpose of altering the area of operation of a co-operative society or for the purpose of improving the services rendered by it or for any other purpose specified in the rules, an amendment of the bye-laws is necessary, he may after consulting, in the prescribed manner, the credit agency, if any, to which the society is affiliated, by notice in writing, call upon the society to show cause, within such time as may be specified in the notice, why the amendment should not be made. (ii) If within the time specified in the notice referred to in clause (i), the co-operative society fails to make the amendment, the Registrar may, after giving the society an opportunity of making its representations, register the amendment and issue to the society a copy of such amendment. (iii) Any amendment of the bye-laws registered under clause (ii) shall have the same effect as an amendment of the bye-laws registered under sub-section (2) unless the registration is cancelled in pursuance of a decision in appeal. No amendment under rule 9 shall be carried out save in accordance with a resolution passed at a general meeting of the co-operative society of which due notice or the intention to discuss the amendment in the meeting has been given to its members. No amendment under rule 9 shall be carried out save in accordance with a resolution passed at a general meeting of the co-operative society of which due notice or the intention to discuss the amendment in the meeting has been given to its members.

Provided that no such resolution shall be valid unless it is passed by a majority of members present at the general meeting at which not less than two third of members for the time being of the co-operative society are present:

Provided further that amendment of bye-laws on the lines of model bye-laws previously approved by the Registrar may be adopted by a majority at an ordinary general meeting.