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State of Mizoram - Section

Section 17 in Mizoram Cooperative Societies Act, 2006

17. Amendment of bye-laws.

(1)Every shall have the authority to amend or delete any of its existing bye- laws or add new bye-law provisions by a resolution passed by majority of two thirds of members present and voting at a general body meeting of the called for the purpose.
(2)The said resolution shall be valid only when it is passed b general body after giving a twenty days clear notice of the proposed amendment to all its members.
(3)Every application for registration of the amendment of bye-laws shall be forwarded by registered post or submitted directly by hand with due acknowledgement to the Registrar within a period of thirty days from the date of the resolution passed or sixty days from the general body meeting whichever is later, duly signed by the chairman and two members of the committee together with the following particulars and documents.
(a)the date of the general body meeting in which the proposed amendment of bye-laws was approved along with a copy of the resolution adopted;
(b)a copy of the issuance of notice to members for caning general body meeting;
(c)the details of actual number of clear days notice given to convene the general body meeting along with a copy of such notice issued;
(d)the total number of members on the rolls of the co-operative having the right to vote on the date of such general body meeting;
(e)the quorum required for conducting such meetings;
(f)the number of members having the right to vote land present at such general body meeting;
(g)the actual number of members who voted in such meetings;
(h)the actual number of members who voted in favour of as well as against the proposed amendment respectively;
(i)A copy of the relevant bye-laws in force with the, proposed amendment to be made together with reasons justifying such amendments.
(4)The Registrar on receipt of an application under previous sub-section if satisfied that the proposed amendment of bye-laws:
(a)is not contrary to the provisions of this Act and rule
(b)does not conflict with the principles of cooperation;
(c)is likely to promote the economic and social interest as well as serve the overall interest of the cooperatives;
shall register the proposed amendment within a period of sixty days from the date of receipt of the application meant for the purpose.
(5)The Registrar shall forward a copy of the registered amendment of bye- laws together with a certificate duly signed and sealed by him to the co operative within a period of fifteen days after making such registration. The certificate so issued by the Registrar shall be conclusive evidence that the proposed amendment of bye-law has been duly registered.
(6)Whereas, the Registrar formed an opinion that the proposed amendment of bye-laws failed to qualify for registration in accordance with the provisions of this Act and rules, he may refuse to register the same or make alteration and communicate his decision to the chairman of the co-operative by giving reasons for not registering the proposal for amendment within fifteen days from the date of such refusal.
(7)If the application for registration is not disposed of within sixty days after the receipt of such proposal or no order or refusal is communicated within that period to the chairman of the co-operative, the said application shall be deemed t have been accepted for registration of amendment of bye-laws and the Registrar shall issue a registration certificate to that effect in accordance with this Act and rules.
(9)The Registrar shall not register the amendment of bye-laws proposed or the bye-laws deemed to have been registered shall not have legal effect if the proposed or deemed registered amendment of bye-laws, as the case may be is either contrary to or repugnant to the policy directions issued by the state government as the ca e may be or contrary to the principles of cooperation or likely to affect the very purpose and objective behind the formation of such .