Submitted by Ekta Jha
Each Society formed under the Maharashtra Co-operative Societies Act,1960 have their own bye laws. These bye laws are required to be registered with the registration of the society.
II. Definition of Bye Laws - 2(5)
Bye laws means bye laws registered under this act for time being in force and include registered amendment of bye laws.
III. Subject matter of Bye Laws - Rule 8
Rules 8 enumerates the matter in respect of which a cooperative society can make bye laws. A registrar may
require a society to make bye laws in respect of following matters-
i. name and address of the society and its branches
ii. area of operation
iii. object of the society
iv. funds of the society and maximum share capital.
v. terms and qualification for admission to membership.
vi. privileges, rights, duties and liabilities of members.
vii. consequences of default in payment of any sum due by a member etc.
IV. Construction of Bye Laws
Bye laws framed under the Act are not equivalent to law, nor do they have the force of the law. Moreover Bye laws framed by the society cannot go beyond the provisions of the Act or the rules framed under the Act. If they do, they will not be registered by the Registrar.
V. Amendments of Bye Laws
Section 13 and rule 12 deal with the Amendment of Bye Laws of the Society. The Society shall give due notice in accordance with its bye laws to all the members for considering any amendments. Any amendment shall be deemed to have been passed if a resolution in that behalf is passed at the General Meeting by not less than 2/3rd of the members present for voting.
VI. Application to Register
After resolution is passed within 2 months copy of resolution along with-
i) copy of relevant bye laws in force with proposed amendment.
ii) 4 copies of the text of the bye laws as it would stand after amendment signed by the officer duly authorised in this behalf by the Committee of the Society.
iii) Copy of the notice given to members of the society of the society of the proposal to amend the bye laws.
iv) Such other information as may be required by the Registrar.
VII. Procedure to be followed by the Registrar
On receipt of copy of resolution and other above mentioned documents :
i) application shall be disposed by registrar within 2 months from its receipt.
ii) if he fails to do so then within 15 days from the date of expiration of that period after application to a higher officer, to the State Govt which has to decide Application within 2 months from receipt.
iii) If the higher officer or State Govt fails to decide within 2 months,the amendment of the bye laws shall be deemed to have been registered.
VIII. Power of the registrar to direct amendment of the bye laws
1.Notice to the Society
Registrar may send a notice to the society calling upon it to make such amendments of the bye laws as he considers desirable or necessary in the public interest. The notice shall state the exact amendment which the society should make. Amendment shall be carried out within 2 months from the receipt of the notice.
When Society fails to make the Amendment-
i) Copy of Notice to the Federal Society
Registrar shall send a copy of notice to the federal society to offer its comments on the amendments within specified time. If federal society fails to offer its comments, registrar may presume it to be accepted.
ii) Show cause notice to the society
After considering the comments of the federal society or after deemed acceptance the Registrar sends a show cause notice to the society calling upon it to show cause in writing or through a properly authorised representative to appear before the Registrar on date specified in the notice as to why proposed amendments should not be registered within the time specified in the notice.
iii) Registration of proposed amendments
i) the reply of the society and its views,
ii) objections of the federal society and after expiration of the period mentioned in the notice
Registrar may amend the bye laws and issue a certified copy thereof to the Society. The bye laws amended shall be subject to appeal (if any) be binding on the society and its members.
Submitted by Ekta Jha