Amendment of the bye-laws of a registered society, whether by way of addition, alteration or change of name shall be registered under Assam Cooperative Societies Act ,2007.
Every proposal for such amendment shall have to be approved by a resolution at a meeting of the General Assembly in accordance with the bye-laws of the society and be forwarded within a month from the date of the resolution to the Registrar; and if the Registrar is satisfied that the proposed amendment is not contrary to the provisions of this Act or Rules, he shall unless for reasons to be recorded in writing he considers fit to refuse, register the amendment.
A copy of the resolution of an amendment of the bye-laws of the society by the General Assembly shall be forwarded by the cooperative society to the Registrar within a period of thirty days from the date of the general meeting at which the resolution was passed. The copy of the resolution of an amendment forwarded to the Registrar shall be signed by the President and two Directors and shall be accompanied by the following particulars:
A copy of the resolution adopting the amendment;
The date of the general meeting at which the amendment was adopted and the total number of members of the society on that date;
A list of members who attended such general meeting and a list of members who voted for or against the resolution in such general meeting.
The Registrar shall consider the amendment of the bye-laws to the fulfillment of the following conditions, namely:
The amendment is not inconsistent with the provisions of the Act or any of the existing societies with similar objectives or is not against the aims and objects of the cooperative society; and
The amendment is in conformity with the cooperative principles
When the Registrar registers an amendment of the bye- laws of a registered society, he shall issue to the society a copy of the amendment certified by him which shall be conclusive evidence that the same has been duly registered, unless it is proved that the registration of the society has been cancelled or that further amendments have been registered or that the society’s copy of the amendments have been tempered with, the amendment shall be binding upon the society with effect from the date of registration.
The Registrar may by order refuse registration of the amendment if any of the conditions is not fulfilled. Provided that no such order of refusal shall be passed by the Registrar without giving a reasonable opportunity to the cooperative society to reconsider the amendment in the light of the direction of the Registrar within a period specified by him.
The Registrar may after considering the reply received in response to the opportunity given if satisfied that the directions to reconsider the amendment has been complied with or satisfied with the reply, he shall register the amendment. If no reply is received from the cooperative society within the period specified by the Registrar or the reply is not in accordance with the direction of Registrar, the Registrar may refuse the amendment and shall communicate the decisions within thirty days of the receipt of such reply or on the expiry of the period referred to above, as the case may be.
