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NCT Delhi - Section

Section 12 in The Delhi Co-operative Societies Rules, 2007

12. Amendment of bye-laws.

(1)Subject to the provisions of these rules, the bye-laws of a cooperative society may be amended by a resolution passed in the general body meeting of such cooperative society.
(2)The co-operative society shall give due notice to its members for calling General Body Meeting in accordance with its bye laws for considering any amendment thereof.
(3)An amendment shall be deemed to have been duly passed, if a resolution in that behalf is passed at a general body meeting by not less than two-thirds of the members present there at.
(4)After the resolution is passed, a copy thereof shall, within a period of thirty days from the date of such meeting, be furnished to the Registrar along with the following documents:-
(a)a copy of the relevant bye-laws in force with amendments proposed to be made in pursuance of the resolution, together with reasons justifying such amendments;
(b)four copies of the amended bye-laws as signed by two office bearers duly authorized in this behalf by the committee of the co-operative society;
(c)a copy of the notice given to the members regarding the proposal to amend the bye-laws:-
(i)along with proof of postal record;
(ii)Authenticated copy of resolution passed in the general body meeting;
(d)a receipt regarding payment of up-to-date contribution towards Co-operative Education Fund and a certificate in respect of compliance of audit objections.
(e)such other information as may be required by the Registrar;
(5)On receipt of the copy of the resolution and other documents referred to in sub-rule (4), the Registrar shall examine the amendments proposed by the co-operative society and if he is satisfied that the amendments are not contrary to the Provisions of the Act or the Rules made under, he may register the amendments and certify these amendments under sub-section (3) of section 12.
(6)If in the opinion of the Registrar, the proposed amendment needs any modification, he may inform the cooperative society of such modification in writing alongwith the reasons thereof in Form-6.
(7)The Registrar shall register or refuse to register the amendment within a period of ninety days.
(8)In case, the Registrar does not communicate any decision within ninety days, the amendment in Bye-laws shall be deemed to have been registered.
(9)In case of deemed registration of the amendment, the Registrar shall issue amended bye laws on receipt of the written request for the same from such applicant alongwith requisite documents specified in sub-rule(4) within a period of thirty days from the date of receipt of documents.