In the earlier article “Bye-Laws of Cooperative Societies“, we discussed about bye-laws of society. From the date of society formation, there can be many reasons why managing committee would want to change the bye laws. Act has a provision, where managing committee can call for Annual General Meeting (AGM) or Special General Meeting (SGM) and get Bye-laws amended.
In this article, we will discuss about reason to amend bye laws, process to follow, documents required and registrar’s power to amend bye-laws.
Why Amend Bye-Laws ?
Some of the example why members or managing committee would go for change in bye-laws
- Change in regulation requires to update the bye-laws. Below two examples are the result of amendment of Cooperative Society Act in 2013
- Example 1: Earlier 1/3 of the committee members had to retire every years but with amendment to Cooperative Society Act, now the management committee has a fixed tenure of 5 years.
- Example 2: Earlier regulation required AGM to be called within 3 months of closure of the financial year i.e. on or before 30 June. The same has been revised to 6 months. Bye-laws will have to be amended to give effect of above changes.
- Change in number of committee members. : Example: Bye-laws say number of committee members should be 11 but either less members are interested to be part of committee or more members wish to be part of committee. Thus given the requirement, byelaws will have to be amended.
- On the instruction of Registrar.
How to Amend Bye-Laws ?
- Circulate agenda of AGM / SGM to all members by giving 14 days notice.
- Amendment to Bye-laws to be passed with 2/3 majority of members present in AGM / SGM
- Request for change in Bye-laws to be sent to registrar within 60 days of AGM/SGM along with required documents.
- Registrar has to dispose of application within 60 days from the date of the receipt.
- If the registrar is satisfied that the amendment so forwarded is not contrary to act or the rules, he may register the amendment.
- When registrar registers an amendment of the bye-laws of a society, he shall issue to society a copy of the amendment certified by him, which shall be evidence of its registration.
- In case registrar is refusing to register amendment, he can pass such order only after giving the society an opportunity of being heard.
- When the registrar refuses to register an amendment of the bye-laws of a society, he shall communicate the order of refusal, together with his reasons thereof, to the society.
- No amendment of the bye-laws of a society shall be valid until registered under Gujarat Co operative Society Act 1962.
Documents Required for Changing Bye-laws
- Leaflet PP form
- Last Government Audited Report
- Copy of Last Changes made in Bye-laws, if any
- Copy of AGM Agenda
- Copy of AGM Resolution where given changes in Bye-laws is approved
- Last Balance Sheet and Income and Expenditure statements
- Photo Copy of Current Bye-laws
- Registration Certificate of Society
- 4 Copies of proposed amendment signed by Chairman of Society
Power of Registrar to Direct Amendment of Bye-Laws
- If it appears to the Registrar that an amendment of the bye-laws except in respect of the name or objects of a society is necessary or desirable in the interest of such society, he may call upon the society to make amendment within a specified time.
- For above registrar will serve notice in Form C. Such notice shall contain a draft of the amendment proposed by the registrar.
- Society shall call a Special General meeting (SGM) for the purpose of such amendments and if the amendments are approved, it shall be forwarded to Registrar.
- Registrar on receipt of amendment, will register the same and issue to the society a certified copy thereof.
- If the society fails to make the amendment within the time so specified, the Registrar after giving the society an opportunity of being heard and with the prior approval of the State Co-operative council, may register the amendment, shall there upon issue to the society a copy thereof certified by him.
- With 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.
- Form for amendment of Bye-laws
- Gujarat Cooperative Society Act Amendment 2013
- Gujarat Co operative Societies Act, 1961