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According to Rule 5(1) of KCS Act, the bye-laws of a co-operative society shall:

ABe approved by the Registrar of Cooperative Societies.

BBe amended only by a special general body meeting.

CBe consistent with the Act and Rules

DTake effect immediately upon their creation.

Answer:

C. Be consistent with the Act and Rules

Read Explanation:

Sec 13 : When amendment of bye-law came into force.

  • An amendment shall take effect from the date of its registration, unless a specific effective date is otherwise provided."

Sec 13 A Rule 5: Subject Matter of Byelaw

  • Every co-operative society shall make its bye-laws consistent with the provisions of this Act and rules and no provision in the bye-laws of a co-operative society shall be contrary to the provisions of the Act and the Rules.

RULE 5- SUBJECT MATTER OF BYELAW

  • Rule 5(1) Byelaws of the Society shall not be contrary to the Act and Rules and may deal with all or any of the matters specified below

  • A) Name and address of the Society and its Branches if any

  • B) Area of operation

  • C) Objectives

  • D) The manner and limit of raising the funds of the Society and the purpose of its utilization, Maximum share capital one member can

  • E) Terms and qualification for admission to membership, privileges, rights, duties and liabilities of members including nominal or associate members etc.

Rule 5(2): In case of Credit Societies, following should also be be included in the Byelaw

  • Maximum loan admissible to a member

  • Maximum rate of interest on loans to members

  • Conditions of loans granted to members and Managing committee and penalties for misappropriation.

  • Consequences for default for payment of any sum due

  • The circumstances under which a loan may recalled.

Rule 5(3):

  • In case of Non- Credit Societies, the mode of conducting business such as manufacture, purchase, sale, stock taking and other matters and also the matters specified in Rule 5(1)

Rule 5(4):

  • Society having Credit and Non Credit Functions called Composite Society. They maintain both 5(2) and 5(3).

Rule 6 Model Byelaw

  • The Registrar is competent to frame model bylaws of Co- operative Societies.

  • Such model byelaw shall be adopted by the society with modifications as may be suggested by the Society and agreed by the Registrar.


Related Questions:

Before registering an amendment to byelaws of an apex or central society, whom must the Registrar consult?
The first general body meeting should be attended by:
Which form is issued as the Registration Certificate of a co-operative society under the Kerala Co-operative Societies Act ?
As per Section 5(2) of KCS Act, what must be the last word in the name of a co-operative society registered with limited liability?
Under Rule 12(2) of Kerala Co-operative Societies Act, how many clear days’ notice must be given to convene the general body meeting for changing liability?