Section 9 in Tamil Nadu Co-operative Societies Rules, 1988
9. Procedure regarding amendment of bye-laws.
(1)Save as otherwise provided in the Act and these rules, every amendment of bye-laws shall be made only by a resolution passed by a majority of the members present and voting a t a meeting of the general body for which notice of amendment of bye-laws has been given in accordance with this rule and the bye-laws.(2)Every such resolution shall be forwarded to the Registrar within a period of two months from the date of such meeting with an application in Form No. 9 for the registration of amendment of bye-laws, which shall be signed by the President or the Vice-President and two other members of the Board who were present at the meeting of the general body and sent to the Registrar by registered post with acknowledgement due or delivered personally under acknowledgement.[Explanation. - For the purpose of the rules, the term "President" includes Chairperson and the term "Vice-President" includes Vice-Chairperson.] [Inserted by SRO A-1(a)/ 2013., G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (CJ1), dated 31.1.2013, w.e.f 31.1.2013.](3)On receipt of the application in Form No. 9, the Registrar shall enter the particulars in a register to be maintained by him in Form No. 10, give a serial number to the application and issue forthwith an acknowledgement thereof in Form No. 11.(4)Where on examination of the proposed amendment of bye-laws, if the Registrar is satisfied that all the provisions of sub-section (3) of section 11 have been complied with, he shall register the proposed amendment within a period of one hundred and twenty days from the date of receipt by him of the application in Form No. 9.(5)Where the Registrar is of the opinion that the amendment proposed does not comply with any of the provisions of sub-section (3) of section 11, he shall by notice in writing in Form No. 12, call upon the society to show cause within a period of not less than fifteen days from the date of receipt of such notice as to why the registration of the proposed amendment shall not be refused.(6)Where on examination of representations, if any, received from the society within the period specified in sub-rule (5), the Registrar is satisfied that all the provisions of sub-section (3) of section 11 have been complied with, he shall register the proposed amendment within a period of one hundred and twenty days from the date of receipt by him of the application in Form No. 9.(7)Where no representation is received from the society within the period specified in sub-rule (5) or on examination of the representations received from the society within the period aforesaid, the Registrar is satisfied that the proposed amendment does not comply with any of the provisions of sub-section (3) of section 11, he shall pass an order in Form No. 13 refusing to register the proposed amendment and communicate it together with the reasons therefor to the society within a period of one hundred and twenty days from the date of receipt by him of the application in Form No. 9:Provided that notwithstanding the non-receipt of representations from the society within the period specified in sub-rule (5), the Registrar may, if he is satisfied that all the provisions of sub-section (3) of section 11 are complied with, register the proposed amendment.(8)Where an amendment is registered under this rule or deemed to have been registered under sub-section (6) of section 11, the Registrar shall issue a certificate of registration in Form No. 14 to-(i)the society (two copies);(ii)the financing bank;(iii)the federal society in which the society is a member or eligible to become a member;(iv)the District Co-operative Union or the Tamil Nadu Co-operative Union in which the society is deemed to be a member;(v)the Regional Officer, if any, who is the next higher authority to the registering authority;(vi)the Registrar for the State; and(vii)the District Co-operative Audit Officer concerned.(9)Where an amendment of bye-laws of a society is deemed to have been registered under sub-section (6) of section 11, the Registrar shall enter the details of amendments deemed to have been registered in a separate register in Form No. 15. The Registrar shall review the case of each such amendment and satisfy himself whether such amendment complies with all the provisions of subsection (3) of section 11, within a period of ninety days from the date on which the amendment was deemed to have been registered. The result of such review shall be entered in the register maintained in Form No. 15.(10)Where any amendment of (he bye-laws proposed by a society involves, in the opinion of the Registrar, a material change in the objects or operations of the society, he may register the proposed amendment only if the society has followed the procedure specified in rule 19.
