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State of Karnataka - Section

Section 12 in Karnataka Co-Operative Societies Act, 1959

12. Amendment of bye-laws of a co-operative society.

(1)No amendment of any bye-law of a co-operative society shall be valid unless such amendment has been registered under this Act.[(1-A) Every proposal for such amendment shall be accompanied by such fee as may be prescribed, and different fees may be prescribed for different class or classes of co-operative societies] [Inserted by Act 24 of 2001 w.e.f. 05.09.2001.]
(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; and
(v)is not inconsistent with the principles of social justice;
[he shall, within a period of three months from the date of receipt of the proposal, register the amendment] [Substituted by Act 25 of 1998 w.e.f. 15.08.1998.].
(2A)[ If the Registrar is unable to dispose of such application within the period specified in sub-section (1), the amendment of bye-laws shall be deemed to have been registered.] [Inserted by Act 25 of 1998 w.e.f. 15.08.1998.]
(3)[ When the Registrar registers an amendment of the bye-laws of a society or where an amendment of the bye-laws is deemed to have been registered, he shall issue to the society a copy of amendment certified by him and such certificate shall be conclusive evidence that the amendment of the bye-law has been duly registered or deemed to be registered, as the case may be.] [Substituted by Act 25 of 1998 w.e.f. 15.08.1998.]
(4)Where the Registrar refuses to register an amendment of the bye-laws of a co-operative society, he shall communicate the order of refusal, together with the reasons therefor, to the society.
(5)[ If it appears to the Registrar that any amendment of the bye-laws of a co-operative society is necessary or desirable in the interest of such society, the Registrar may, by order, call upon the co-operative society, to make the amendment proposed by him in such manner as may be prescribed and within such time as he may specify.
(6)If such amendment is not made by the co-operative society within the time specified in the said order, notwithstanding anything contained in the Act, the Registrar may, after giving the co-operative society an opportunity of being heard, register the said amendment and forward a copy thereof to the co-operative society along with a certificate signed by him which shall be conclusive evidence that the amendment has been duly registered.] [Sub-sections (5) and (6) inserted by Act 5 of 1984 w.e.f. 09.01.1984.]