Power of Registrar or affiliating society or financing bank to direct amendment of Bye-Laws or adoption of Rules of Procedure

When it appears to the Registrar that an amendment of the Bye-Laws of a registered society is necessary in the interest of such society or of the Co-operative Movements as a whole or for the purpose of bringing about uniformity in the main with the provisions of the Bye-Laws of the societies which have similar objects or functions, he/she may, by an order in writing, direct the society to amend its Bye-Laws in accordance with the amendment drafted and forwarded to the society by him/her within such time as he/she may specify in the order.

(ii) If the society fails to make such amendment within the time specified, the Registrar shall, after giving the society an opportunity of representing its case, make such amendment himself/herself and register the same the Registrar shall then forward a copy thereof to the society together with a certificate signed by him/her which shall be effective as prescribed in Section 13 (3).

(iii) The Registrar shall not register any amendment of the Bye-Laws of a society, whether under this section or Section 13 of this Act, without the consent of the Government, if the effect of such amendment is to lessen the degree of control of the Government or of the Registrar as already provided for in the Bye-Laws.

(iv) The Registrar may require any registered society to frame Rules of procedure under its Bye-Laws to govern any parts of its business and to send such Rules to him/her for prior approval.

(2) (i) When it appears to an affiliating society or a financing bank that an amendment of the Bye-Laws of a registered society which is a member of such society or debtor of financing bank is necessary in the interest of the society it may suggest to the affiliated society or the debtor society, as the case may be, to make such amendment within such time as it may specify. The affiliating society, or the financing bank shall forward to the affiliated society, or the debtor society, as the case may be, a draft of the suggested amendment of the Bye-Laws.

(ii) If the society fails to make the amendment within the time specified in the affiliating society or the financing bank may forward to the Registrar for amendment; and the Registrar, if satisfied that the amendment is necessary in the interest of the society and not contrary to the provisions of this Act or the Rules may thereupon after giving an opportunity of showing cause to the society concerned against the proposed amendment register the amendment and forward to the society a copy thereof together with a certificate signed by him/her. The certificate shall be conclusive evidence that the amendment has been registered and such amendment shall thereupon be binding upon the society and its members.

(iii) If the Registrar considers that the amendment referred to in clause (ii) above is not acceptable, he/she shall submit a report to the Government.

(iv) An affiliating society or a financing bank or the registered society if aggrieved by the decision of the Registrar may make an appeal to the Government. The orders of the Government on such appeal shall be final.

(v) The State Government may out of its own motion or the Registrar subject to such direction as may be given by the Government, amend Bye-Laws of any society or group of societies in the interest of the public service.