Section 12 in The Orissa Co-operative Societies Act, 1962
12. Amendment of Bye-Laws of a Society.
(1)No amendment of any Bye-Law of a Society shall be valid unless such amendment has been registered under this Act.(2)[ Every proposal for such amendment shall be forwarded to the Registrar and if the Registrar is satisfied that the proposed amendment -(i)is not contrary to the provisions of this Act and the rules;(ii)does not conflict with co-operative principles;(iii)satisfies the requirements of sound business;(iv)will promote the economic interests of the members of the society;(v)is not inconsistent with the principles of social justice; and(vi)is well defined and does not in any way hamper the principal objects of the society;he may register the amendment.] [Substituted by Orissa Act 5 of 1970, Section 3(a).][* * *] [Omitted by Orissa Act 28 of 1991, Section 8(a) dated 31.12.1991, force w.e.f. 10.6.1997.](3)The Registrar shall forward to the Society a copy of the registered amendment together with a certificate signed by him and such certificate shall be conclusive evidence that the amendment has been duly registered.(4)Where the Registrar refuses to register an amendment of the Bye-Laws of a Society, he shall communicate the order of refusal, together with the reasons therefor, to the Society.[(4-a) If the certificate referred to in Sub-section (3) or order of refusal referred to in Sub-section (4), as the case may be, is not communicated to the Society within a period of [sixty days] [Inserted by Orissa Act 28 of 1991, Section 8 (b) force w.e.f. 10.6.1997.] from the date of its application for registration, the amendment of the Bye-Laws, shall be deemed to have been registered with effect from the date following the date of expiry of the said period, and upon such registration, the Registrar shall forward to the Society a certificate of registration of such amendment alongwith a copy of the registered amendment within seven days from the date of such registration.](5)[ Where in the case of an Apex Society, Central Society, Co-operative Bank or financing bank or in the case of any other Society assisted by the State or Central Government in any of the forms specified in Sub-section (1) of Section 31, the Registrar is of the opinion that an amendment of the Bye-Laws of any such Society is necessary or desirable in the interest thereof, he may, in the prescribed manner, call upon the society to make such amendment within such period as he may specify in that behalf.(6)If the Society fails to make the amendment within the period aforesaid the Registrar may, after giving the Society a reasonable opportunity of being heard, register the amendment and shall forward to the Society a copy of the registered amendment together with a certificate signed by him and such certificate shall be conclusive evidence that the amendment has been duly registered.] [Inserted/Added by Orissa Act 5 of 1970 Section 3(b) & Section 4-See O. G. Extraordinary dated 5.3.1970.]
