Amendment status not verified — confirm the current text below against the official source.
Registration certificate:- Where a society is registered under this Act, the Registrar shall issue a certificate of registration signed by him which shall be conclusive evidence that the co-operative society therein mentioned is duly registered under this Act. ** 9A. Power to make bye-laws:- (1) Every co-operative society subject to the approval of the Registrar, may make its own bye-laws consistent with provisions of this Act and the rules made there under. (2) In particular and without prejudice to the generality of the foregoing power, such bye- laws may provide for all or any of the following matters, namely:- (i) the name, address and area of operation of the society; (ii) the objects of the society; (iii) the services to be provided to its members; (iv) the eligibility for obtaining membership; (v) the procedure for obtaining membership; (vi) the conditions for continuing as member; * Section 6- Substituted for words ‗fifty thousands‘ by Act No. 16 of 1992. * Section 8 – Sub section (2) and (3) substituted by (2) by Act 19 of 2006. Section 8-A added by Act No. 19 of 2006. ** Section 9 – Section 9-A added by Act No. 19 of 2006. 8 (vii) the procedure for withdrawal of membership; (viii) the transfer of membership; (ix) the procedure for expulsion from membership; (x) the rights and duties of the members; (xi) the nature and amount of capital of the society; (xii) the manner in which the maximum capital to which a single member can subscribe; (xiii) the sources from which the funds may be raised by the co-operative society; (xiv) the purpose for which the funds may be applied; (xv) the manner of allocation or disbursement of net profits of the co-operative society; (xvi) the constitution of various reserves; (xvii) the manner of convening general meetings and quorum thereof other than those provided under this Act; (xviii) the procedure for notice and manner of voting, in general and other meetings; (xix) the procedure for amending the bye-laws; (xx) the number of members of the Board of Directors/Managing Committee not exceeding twenty one; (xxi) the tenure of directors, chairperson and other office bearers of the society, not exceeding five years; (xxii) the procedure for removal of members of the Board of Directors/Managing Committee and for filling up vacancies; (xxiii) the manner of convening Board /Committee meetings, its quorum, number of such meetings in a year and the venue of such meetings; (xxiv) the powers and functions of the Chief Executive; (xxv) the manner of imposing penalty; (xxvi) the appointment, rights and duties of auditors and procedure for conduct of audit; (xxvii) the authorization of officers to sign documents and to institute and defend suits and other legal proceedings on behalf of the society; (xxviii) the terms on which a co-operative society may deal with persons other than members; (xxix) the terms on which a co-operative society may associate with other co-operative societies; (xxx) the terms on which a co-operative society may deal with organizations, other than co-operative societies; (xxxi) the rights, if any, which the co-operative society may confer on any other co-operative society or federal co-operative and the circumstances under which such rights may be exercised by the federal co-operative; (xxxii) the educational and training programmes to be conducted by the co-operative society; (xxxiii) the principal place and other places of business of co-operative society; (xxxiv) the minimum level of services to be used by its members; (xxxv) any other matter which may be prescribed. * 10. Amendment of bye-laws :- (1) No amendment of any bye-laws of a co-operative society shall be valid, unless such amendment has been registered under this Act. (2) The amendment to the bye-laws of a 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 co-operative society proposes to amend its bye-laws, an application to register such amendments shall be made to the Registrar together with – * Section 10- Entire section substituted by Act No. 19 of 2006. 9 (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 amendment to the bye-laws was made; ii) the number of days‘ notice given to convene the general meetings; iii) the total number of members of a co-operative society; iv) the quorum required for such meeting; v) the number of members present at meeting; vi) the number of members who voted in such meeting; vii) the number of members who voted in favour of such amendment 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 amendment; (d) four copies of the text of the bye-laws incorporating therein the proposed amendment signed by an officer duly authorized 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 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) If on receipt of application under sub-section (5), the Registrar is satisfied that the proposed amendment – a) is not contrary to the provisions of this Act or the rules; b) does not conflict with co-operative principles; and c) will promote the economic interests of the members of the co-operative society, he may register the amendment within a period of three months from the date of receipt thereof by him. (7) The Registrar shall forward to the co-operative society a copy of the registered amendment together with a certificate signed by him within a period of fifteen days from the date of registration thereof and such certificate shall be conclusive evidence that the amendment has been duly registered. (8) Where the Registrar refuses to register an amendment of the bye-laws of a co-operative society, he shall communicate the order of refusal together with the reasons thereof to the society in the manner prescribed within a period of ninety days from the date of receipt of application : Provided that if the application for registration is not disposed of within a period of three months specified in sub-section (6) or the Registrar fails to communicate the order of refusal specified in sub- section (8), the application shall be deemed to have been accepted for registration and the Registrar shall issue registration certificate in accordance with the provisions of this Act. (9) An amendment of the bye-laws of a co-operative society shall, unless it is expressed to come into operation on a particular day, come into force on the day on which it is registered.