Amendment status not verified — confirm the current text below against the official source.
Amendment of the bye-laws of a registered society.-(1)No amendment of the bye- laws of a registered society shall be valid until the amendment has been register<d under this Act. 1["(2) If the Registrar is satisfied that an amendment of the byelaws is not contrary to this Act or to the rules, he shall register the amendment within ninety days from the date of submission of the proposal for amendment. (3) When the Registrar registers an amendment of the bye-laws of a registered society, he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence that the amendment has been duly registered. 2["(4) If the conditions specified in sub-section (2) have not been fulfilled the Registrar shall dispatch refusal order with reasons by registered post within ninety days from the submission of the proposal. (5) In case of non-dispatch of the refusal order within ninety days, the amendment shall be deemed registered. In such cases it will be essential for the fegistrar to issue the certificate of registration under his seal and signature, which will be conclusive evidence that the amendment has been duly registered. (6) On receipt of the refusal order under sub-section (4) and on non- receipt of the conclusive evdience relating to the amendment as specified under sub-section (S) an appeal shall lie before the Registrar if the conclusive evidence or refusal order relates to the Registrar having been delguated with the power of Registrar and if such order has been passed by the Registrar Co- operative Society himself then appeal shall lie before the State Government : Provided that such appeal shall be filed within two months from the receipt of order or non receipt of conclusive evidence.] Comments & case-law [The bye-laws of a co-operative society framed in pursuance of the provisions of the relevant Act cannot be held to be law or have the force of law. They are neither statutory in character nor they have statutory flavour so as to be raised to the status Of law. Statutory provisions have precedence and must be complied with bye-laws if not in conformity with the statute, have to be ignored, in order to give effect to the statutory provisions. Central Co-operative Bank Ltd. vs. Addl. Industrial Tribunal, AIR 1970 SC 245. See also B.K. Garad vs. Nasik Merchants Co-op. Bank, AIR 1984 SC 192. Rules have the status of subsidiary legislation or delegated legislation. Byelaws of a co-operative society, on the other hand, can at best have the status of an Article of a Company governed by the Companies Act, 1956. ibid. lt is function of the Court to construe legislative measures and enriching the correct meaning of a statutory provision, opinion of executive branch is hardly relevant. Nor can the court abdicate in favour of such opinion. ibid. Sections 25, 26 read with Rules 16 to 20 amendment in bye-laws- amendments suggested by Registrar to be discussed by General-body for which Board of Directors were directed to call a special general meeting-Registrar also directing for stay of election on the date fixed already for the purpose till amendments are approved by the general body-no such power to Registrar to stay election-amendments having been approved through a sub-committee by the outgoing Board of Directors not valid not having been approved by the general body---elections held ignoring the direction 5j Registrar valid. Vijay Kumar Mishra vs. State of Bihar, 1989 PLJR 846.]