Question

According to Section 12(1) of Kerala Co-operative Societies Act, when does an amendment to a cooperative society's byelaw become valid?

• A. After it is registered under the Act
• B. From the date it is approved by the Registrar.
• C. As soon as the general body passes the resolution for amendment.
• D. Upon publication in the Official Gazette.

Answer 1

Answer:

A. After it is registered under the Act

Sec-12 Amendment of Byelaw

Byelaw:

• "Byelaw" means the registered byelaw of a cooperative society for the time being in force.

Bye-law (Constitution):

• The byelaw is considered the constitution of a cooperative society, defining its objectives, powers, and operational framework.

Byelaw Amendment:

• "Byelaw amendment" refers to any change or modification in the constitution or existing byelaws of a cooperative society.

Scope of Byelaws:

• Byelaws deal with the internal management of the cooperative society, including membership, governance, meetings, elections, rights and responsibilities of members, and financial procedures.

Competent Authority for Amendment:

• The General Body of the cooperative society is the competent authority to amend its byelaws, subject to statutory procedures and approvals as prescribed under the relevant Cooperative Societies

• Sec 12(1) Amendment of any bye-law of a society shall be valid unless such amendment has been registered under this Act.

• Sec 12(2) The provisions of section 7 specifying the conditions to be satisfied before registration of the bye-laws of a society by the Registrar shall mutatis mutandis, apply also to the registration of amendments to bye-laws.

Provided that the Registrar shall before registering an amendment of any bye-law consult-

• (a)the State Co-operative Union if the bye-laws to be amended are that of an apex society or a central society; or

• (b)the circle co-operative union if the bye-laws that are to be amended are that of any other society; and

• (c)the financing bank if the society is indebted to the financing bank.