Bye-laws: means Bye-laws registered under the Maharashtra
Societies Act, 1960 for the time being in force and includes
registered amendments of such Bye-laws says Adv. R.
P. Rathod. He
further explains that the Bye-laws are meant for internal management of the society. The bye-laws of the society must be registered by the Registrar and it is binding
on the society
with the procedure. If the office bearers commits a breach of it on the ground
that they were following a certain practice in the previous year and the society does not want to
follow the new procedure prescribed by the bye-laws.
It is necessary to change the procedure as earlier as possible the Office Bearers must take a step to amend it
after passing and obtaining sanction of the Registrar.
It is the right
of the Society to amend as well as to frame new bye-laws. However, any bye-laws
that is proposed to be amended
or is to be framed should not be against the provisions of the Maharashtra
Co-operative Societies Act, 1960 or Maharashtra
Co-operative Societies Rules, 1961 says Adv. R. P. Rathod.
He further
explains that as per the Section
13 of the said Act no amendment of the bye-laws of a society shall
be valid until registered. Every application for registration of an amendment of bye-laws shall
be disposed of by the Registrar within a
period of two
months from the date of its receipt.
The Bye-laws of
the Society can be amended by passing the Resolution
in the General
Body Meeting. Adv. R.
P. Rathod has
mentioned herein under the required procedure for amendment of Bye-laws:
a.
The Resolution
for amendment must be passed by 2/3
members who are present in the meeting.
b.
The Resolution
must be submitted to the Office
of the Registrar within two months from the date of the meeting.
c.
Following documents required at the
time of application:
- Copy of the relevant
Bye-laws with the amendment/s proposed to be made in pursuance of the resolution together with reasons
justifying the amendment.
- Four copies of the text
of the Bye-laws as it will stand after amendment/s is/are signed by the
office bearers duly authorized by the Managing
Committee of the Society.
- A copy of the notice given to the members of the
Society for the proposal to amend the Bye-laws.
d.
On receipt of
the above said information/s the Registrar shall normally dispose of the
application within
two months from the date of the receipt of the Application. If the
Registrar is of the opinion that the proposed amendment may be accepted subject
to any modification then he may suggest the modification
to the Society. It may be emphasized that it is at the discretion of the
Registrar to approve the amendment.
As per the Section
14 of the Maharashtra
Co-operative Societies Act, 1960,
1.
If it appears
to the Registrar that an amendment of the bye-laws of the society is necessary
or desirable in the interest of such society, he may call upon the society, in the manner prescribed, to make the
amendment within such time as he may specify.
2.
If the society
fails to make the amendment within the time specified, the Registrar may, after giving the society an
opportunity of being heard and after consulting such State federal society as may be notified by
the State Government, register such amendment and
issue to the society a copy of such amendment and issue to the society a copy of such amendment certified by him. With the effect
from the date of the registration of the amendment in the manner aforesaid, the
bye-laws shall be deemed to have been duly amended accordingly; and the
bye-laws as amended shall, subject to appeal (if any), binding on the society
and its members. Concludes
Adv. R.
P. Rathod.
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