Question

Under Section 12(4B) of Kerala Co-operative Societies Act, if the application is not disposed of within 90 days, what can the society do?

• A. The application is automatically approved.
• B. The applicant can file a case in the High Court.
• C. The society must grant an extension of 30 days.
• D. File a representation before the Registrar or Government

Answer 1

Answer:

D. File a representation before the Registrar or Government

Fee For Amendment of Bye law

1. Any other societies - ₹ 1000

2. Vanitha, SC/ST, School/College Societies - ₹ 50

• Sec 12 (3) : After amending the byelaw, the Registrar shall issue a copy amendment together with the Certificate of Registration signed and sealed by the Registrar Such certificate shall be conclusive evidence that the amendment has been duly registered

• 12(4A): An Application for Amendment of Byelaw should be disposed of by the Registrar within 90 days from the date of application

• Sec 83 (2): Appeal against the refusal of registration of Amendment of Byelaw can be given within 60 days from the date of refusal to the Registrar or Government

• Rule 124(9) : Registrar and Govt. take decision within 6 months from the date of receiving such appeal.

• 12(4B): If the application is not disposed within 90 days the society can make Representation to the Registrar or the Govt.

• If the decision is not taken by any Officer on whom the powers of the Registrar's are conferred, representation shall be made before Registrar and govt.

• Before Govt: If the decision not taken by the RCS, representation shall be made before Govt

• The Registrar or Government should take decision with in 60 days from the date of such representation

• The amendment details should also be included in Form 4 (Register of Registered Societies)