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State of Haryana - Section

Section 10 in Haryana Co-operative Societies Act, 1984

10. [ Amendment of bye-laws. [Substituted by Haryana Act No. 19 of 2006.]

- (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 amending 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 -
(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 the co-operative society;
(iv)the quorum required for such meeting;
(v)the number of members present at the 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 the 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 issued 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.]