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State of Kerala - Section

Section 12 in Kerala Cooperative Societies Act, 1969

12. Amendment of bye-law of society.

(1)No amendment of any bye-law of a society shall be valid unless such amendment has been registered under this Act.
(2)The provisions of section 7 specifying the conditions to be satisfied before registration of the bye-laws of a society by the Registrar shall mutatis mutandis, apply also to the registration of amendments to bye-laws:Provided that the Registrar shall before registering an amendment of any bye-law consult-
(a)the State Co-operative Union if the bye-laws to be amended are that of an apex society or a central society; or
(b)the circle co-operative union if the bye-laws that are to be amended are that of any other society; and
(c)the financing bank if the society is indebted to the financing bank.
(3)The Registrar shall forward to the society a copy of the registered amendment together with a certificate of registration signed and sealed 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 therefore, within seven days of the order to the society
(4A)[ An application to register an amendment of the bye-laws of a society shall be disposed of by the Registrar within ninety days from the date of receipt of the same.
(4B)Where an application to register an amendment of the bye-laws of a society is not disposed of within the time specified in sub-section (4A) , the society may make a representation,-
(a)before the Registrar of Co-Operative Societies, if the application to register the amendment of the bye-laws is made to a person on whom the powers of the Registrar is conferred under sub-section (2) of section 3; or
(b)before the Government if the application for registration of the amendment of the bye-laws is made before the Registrar, and the Registrar or the Government, as the case may be, shall within, sixty days from the date of receipt of such representation, issue directions to the authority concerned, to dispose of the same.]
[***] [Omitted '(5), (6) and (7)' by Kerala Act No. 8 of 2013.]