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State of Madhya Pradesh - Section

Section 8 in The M.P. Swayatta Sahakarita Adhiniyam, 1999

8. Amendment of bye-laws.

(1)A co-operative may decide, by a special resolution, to amend he provisions of its bye-laws and for that purpose the text of proposed amendment with reasons therefor shall be sent to each member, alongwith the notice of the general meeting at which the proposed amendment is to be discussed.
(2)A copy of an amendment of the bye-laws shall be forwarded by the co-operative by registered post to the Registrar within a period of thirty days from the date of the general meeting at which the resolution was passed.
(3)A copy of amendment forwarded to the Registrar shall be signed by the President and two directors and shall be accompanied by the following particulars :-
(a)a copy of the resolution adopting the amendment;
(b)the date of the general meeting at which the amendment was adopted;
(c)the date on which the amendment comes into force;
(d)a list of members who attended such general meeting and a list of members who voted for or against the resolution in such general meeting.
(4)The Registrar shall take on record the amendment of the bye-laws received under sub-section (2) subject to the fulfilment of the following conditions, namely :-
(a)the amendment is not inconsistent with the provisions of this Act or any of its existing bye-laws or is not against the aims and objects of the co-operative; and
(b)the amendment is in conformity with the co-operative principles specified in Schedule A.
(5)The Registrar shall, by order, refuse to register the amendment if any of the conditions specified in sub-section (4) is not fulfilled :Provided that no such order of refusal shall be passed without giving a reasonable opportunity to the co-operative to reconsider the amendment within the period specified by him.
(6)The Registrar-
(i)may after considering the reply received in response to the opportunity given under sub-section (5), refuse amendment; and
(ii)shall, if no reply is received within the period specified by him under the proviso to sub-section (5), refuse amendment; and he shall communicate such decisions within thirty days of the receipt of such reply or the expiry of the period referred to in clause (ii), as the case may be.
(7)An appeal against the order of refusal shall lie to the Co-operative Tribunal for redressal.