Amendment of bye-laws

(1) A Co-operative may amend any of the provisions of its bye-laws by a resolution passed by the majority of members with right to vote or two thirds of the members present and voting, whichever is less, at a general meeting or at a representative general meeting: Provided that no such resolution shall be passed unless not less than twenty clear days of written notice of the meeting has been given along with a copy of the proposed amendment to each member of the general body or representative general body, as the case may be, and such notice and the proposed amendment are also displayed on the notice board of the Co-operative for a period of not less than twenty days immediately proceeding the date of the meeting. (2) In case of amendment of its bye-laws by the Co-operative, an application for (2) ...the registration of the amendment with particulars specified in subsection (3), shall be forwarded by registered post to the Registrar within a period of thirty days from the date of the resolution. or by person. If there is delay in submission of proposal, the Registrar, may condone the delay if satisfied with justifiable reasons for the delay and consider bye-law the amendment proposal. (3) Every application forwarded under subsection (2) to the Registrar, shall be signed by the President or Chairperson and shall be accompanied by three copies of the resolution adopting the amendment along with the following particulars, namely:- (a) the date of the meeting at which the amendment was approved; (b) the total number of members on the roll of the Co-operative who were eligible to vote on the date of such meeting, the number present at the meeting and the number of eligible members who voted for the resolution. (c) in the case of a Co-operative Bank, a certificate signed by the President or Chairperson, stating that the proposed amendments are in conformity with sub-section (3) of section 10; (d) a treasury Challan or Demand Draft in favour of the Registrar for having remitted the fee as prescribed. (4) If the proposed amendment is in accordance with the provisions of this Act and rules, the Registrar shall register the proposed amendment within a period of ninety days from the date of receipt of the application. (5) The Registrar shall communicate by registered post to the Co-operative within a period of fifteen days after registration a copy of the amendment so registered together with a certificate duly signed and sealed by him and such certificate shall be conclusive evidence that the amendment has been duly registered. A copy of such certificate and registered amendment shall be sent to the Federal Co-operative. (6) If the proposed amendment is not in accordance with the provisions of this Act and Rules, the Registrar shall refuse to register the proposed amendment within a period of ninety days from the date of receipt of the application failing which the amendment shall be deemed to have been registered: Provided that no order refusing the registration of such amendment shall be made except after giving the Co-operative an opportunity of being heard. (7) The Registrar shall communicate by registered post to the Co-operative, the order of refusal under sub-section (6) together with the reasons therefor within a period of fifteen days from the date of refusal. (8) An appeal against the order under sub-section (6) may be made within sixty days from the date of the order,- (a) if the order was made by the Registrar, to the Government; or (b) if the order was made by any other officer, to that officer's immediate superior officer. (9) An amendment to the bye-laws shall come into effect from the date of registration or deemed date of registration. In the Principal Act, in section 27, after clause (j), the following clauses (k) (l) and (m) shall be inserted, namely:- "(k) Every elected director of the Board shall submit a declaration of assets and liabilities of his/her and his/her family for each financial year of his/her tenure as in the manner as may be prescribed. (l) to collect and review the assets and liabilities of Chief Executive of the souharda co-operative society. (m) if the Chief Executive fails to submit the assets and liabilities to the Board, the Board shall take disciplinary action on Chief Executive such manner as may be prescribed. Explanation: For the purpose of this clause “family” means Candidate/Chief Executive Officer/Director and his/her Spouse, Unmarried Daughter and Undivided Son."