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Bare acts > Multi-State Co-operative Societies Act, 2002 > Section 11
 
   


 

11. Amendment of bye-laws of a multi-State co-operative society.-(1) No amendment of any bye-law of a multi-State co-operative society shall be valid, unless such amendment has been registered under this Act.

(2) The amendment to the bye-laws of a multi-State co-operative society shall be made by a resolution passed by a two-third majority of the members present and voting at general meeting of the society.

(3) No such resolution shall be valid unless fifteen clear days' notice of the proposed amendment has been given to the members.

(4) In every case in which a multi-State co-operative society proposes to amend its bye-laws, an application to register such amendments shall be made to the Central Registrar together with-

(a) a copy of the resolution referred to in sub-section (2);

(b) a statement containing the particulars indicating- (i) the date of the general meeting at which the amendments to the bye-laws were made; (ii) the number of days' notice given to convene the general meeting; (iii) the total number of members of the multi-State co-operative society; (iv) the quorum required for such meeting; (v) the number of members present at the meeting; (vi) the number of members who voted in such meeting; (vii) the number of members who voted in favour of such amendments to bye-laws;

(c) a copy of the relevant bye-laws in force with the amendment proposed to be made together with reasons justifying such amendments;

(d) four copies of the text of the bye-laws incorporating therein the proposed amendments signed by the officer duly authorised in this behalf by the general body; (e) a copy of the notice given to the members and the proposal to amend the bye-laws; (f) a certificate signed by the person who presided at the general meeting certifying that the procedure specified in sub-sections (2) and (3) and the bye-laws had been followed; (g) any other particular which may be required by the Central Registrar in this behalf.

(5) Every such application shall be made within sixty days from the date of the general meeting at which such amendment to the bye-laws was passed.

(6) The procedure given in sub-sections (2) to (5) of this section shall apply to the amendment of the bye-laws of a co-operative society desiring to convert itself into a multi-State co-operative society as per the provisions of section 22.

(7) If, on receipt of application under sub-section (5), the Central Registrar is satisfied that the proposed amendment- (a) is not contrary to the provisions of this Act or of the rules; (b) does not conflict with co-operative principles; and (c) will promote the economic interests of the members of the multi-State co-operative society, he may register the amendment within a period of three months from the date of receipt thereof by him.

(8) The Central Registrar shall forward to the multi-State co-operative society a copy of the registered amendment together with a certificate signed by him within a period of one month from the date of registration thereof and such certificate shall be conclusive evidence that the amendment has been duly registered.

(9) Where the Central Registrar refuses to register an amendment of the bye-laws of a multi-State co-operative society, he shall communicate the order of refusal together with the reasons therefor to the Chief Executive of the society in the manner prescribed within fifteen days from the date of such refusal: Provided that if the application for registration is not disposed of within a period of three months specified in sub-section (7) or the Central Registrar fails to communicate the order of refusal within that period, the application shall be deemed to ha e been accepted for registration and the Central Registrar shall issue registration certificate in accordance with the provisions of this Act.

 

 

 

 

 

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