Bye Laws of co-operative society
Under co-operative laws, every co-operative society is required to make its bye laws and get these approved from RCS i.e. Registrar of co-operative societies.
Model Bye Laws
Model Bye laws are the one which are prescribed by the co-operative bodies and registry to be adopted by every co-operative society. These are available in almost all the books on co-operatives.
Registered of Bye Laws
First bye laws are required to be signed by all the members of the Society. These signed copy of the bye laws is submitted to the Registrar of co-operative societies. There may be some amendment to these bye laws if advised by the Registrar. Final acceptance of bye laws is given by the Registrar, when the co-operative society is issued a registration certificate. These final bye laws are known as registered bye laws of the Society.
Amendment of bye laws
The bye laws of the co-operative society can be amended by own option of the Society or as and when advised by the Registrar of co-operative society. For amendment 3/4th majority of the general body meeting is required to pass a resolution and submit the same to the Registrar of Co-operative society along with amended copy of bye laws. On acceptance of the amended version, the Registrar shall issue a letter & a copy of amended by laws to the Society. From that date, the society will work according to latest amended bye laws.
Failure to amend bye laws by society
Due to any reasons, if a co-operative society fails to get their bye laws amended by the registrar of co-operative society, the society has to keep on working as per old bye laws until these become in-consistent with any section of the Act or any rule of Rule book of co-operative provisions.
Assistance to amend bye laws:
There is availability of experienced persons and advocates, who can help the co-operative society to following proper procedure to amend their bye laws, submit the same to the registrar of co-operative societies and follow up with the registrar of co-operative society to get these approved by the registrar of co-operative society.
Amendment retrospective or prospective:
The amendment to any part of bye laws has to be made from prospective effect only. No amendment can be made from retrospective effect.
If any stage there is a conflict between the bye laws and any provision of the DCS Act or DCS Rules, the provisions of laws will have an over-riding effect. Non-amendment of bye laws do not permit the co-operative society to work contrary to any provision of law.
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