Provisions:
Amendment of bye-laws of society (THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960)—
(1) No amendment of the bye-laws of a society shall be valid until registered under this Act. For the purpose of registration of an amendment of the bye-laws, a copy of the amendment passed, in the manner prescribed, at a general meeting of the society, shall be forwarded to the Registrar. ‘Every application for registration of an amendment of the bye-laws shall be disposed off by the Registrar within a period of two months from the date of its receipt.
(1A) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within, a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the amendment of the bye-laws shall be deemed to have been registered.
(1B) No amendment of the bye-laws of a society shall be registered by the Registrar under this section or in the case of the bye-laws which are deemed to have been registered shall have effect, if the amendment is repugnant to the policy directives, if any, issued by the State Government under Section 4.
(2) When the Registrar registers an amendment of the bye-laws of a society or where an amendment of the bye-laws is deemed to hdave been registered, he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evience that the same is duly registered.
(3) Where the Registrar refuses to register such amendment, of the bye-laws of a society, he shall communicate the order of refusal, together with his reasons therefore, to the society.
Rule 12 of the Maharashtra Co-operative Societies Rules, 1961:
- As per the provisions of the Maharashtra Co-operative Societies Act, 1960 read along with Rule 12 of the Maharashtra Co-operative Societies Rules, 1961, the Bye- Laws of a society may be amended by passing a resolution at a general meeting of the society held for that purpose.
- The society shall give due notice in accordance with its bye-laws to all the members for considering any amendment thereof.
- An amendment shall be deemed to have been duly passed, if a resolution in that behalf is passed at a general meeting by not less than two-thirds of the members present thereat, and voting.
- After the resolution is passed, a copy thereof shall, within a period of two months from the date of the meeting at which the resolution was passed be furnished to the Registrar along with
- A copy of the relevant bye-laws in force with amendments proposed to be made in pursuance of the resolution, together with reasons justifying such amendments;
- four copies of the text of the bye-laws as it would stand after amendment, signed by the officers duly authorised in this behalf by the committee of the society;
- a copy of the notice given to the members of the society of the proposal to amend the bye-laws;
- Such other information as may be required by the Registrar
On receipt of a copy of the resolution and other particulars referred to hi sub-rule (4), the Registrar shall examine the amendment proposed by the society and if he is satisfied that the amendment is not contrary to the Act or the Rules and is in the interest of the society and cooperative movements, he may register the amendment and issue to the society a copy of the amendment certified by him under sub-section (2) of Section 13. Where the Registrar is of opinion that proposed amendment may be accepted subject to any modification, he may indicate to the society such modification after explaining in writing reasons therefore.
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DISCLAMER: – the material and information contained in this document is for education purpose only. You should check the specific provision or take expert advice before making any business legal or any other important decision.
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