Procedure to Amend Bye-laws of a Cooperative Societies in Kerala

In the case of amendment of bye-law of a Cooperative Society, the committee of the society should first examine the proposed amendments, approve the same and adopt necessary resolution, after that the amendment proposed by the committee should be placed before the general body for its consideration. In the notice for the general body existing provision of the bye-law and the amendments proposed should be distinctly shown and the notice issued as provided in the bye-law of the society.

The amendments proposed have to be passed by not less than 2/3 majority of the members present and voting of the general body. The amendment should be forwarded to the Joint Registrar within one month from the date of the general body, together with necessary application. The application duplicate signed at least by the secretary and two members of the committee should contain the following particulars.

Particulars Required for Bye-Law Amendments of A Cooperative Society

1. Date of General Body at which the amendments was made
2. Number of days notice to convene the General Body Meeting
3. Number of days notice required as per the bye-law for the General Body Meeting
4. Total number of members of the society on the date of such meeting
5. Number of members who formed quorum fall such meeting
6. Number of members present at such meeting
7. Number of members who exercised their votes at the meeting and
8. Number of members who voted for amendment

The amendment Proposal shall be accompanied by among other things:

1. Application containing the particulars in Rule 9 (iii) with reasons justifying the amendment.
2. Copy of the relevant bye-law as it would stand after the amendment
3. Four copies of the text of the bye-law as it would stand after the amendment
4. The four original chellan at for Rs. 50/- towards registration fee for amendments.
5. The amendment proposal duly attested by the President, Secretary and two other committee members and filed within 30 days from the date of general body to the registrar.

The amendment application shall be disposed by the registrar within 90 days from the date of receipt application. The registrar can amend with retrospective effect. If the general body passes such resolution with due notice in-ordinary case the amendment will come in to force on the date of registration unless otherwise specified.

The Order of Inquiry shall be issued as per rule 66

On receipt of the order of the person authorized to conduct the inquiry shall proceed to examine the relevant books of accounts and other documents. He shall at all responsible time have free access to the custody of the society and summon any person in possession of or responsible for the custody of any cash, books, accounts, etc. to produce the same at any place at the Head Quarters or any branch of the society. (failure to comply with directions in the summons in punishable with fine upto Rs. 5000/-) provision is the same with regard to statutory inspection also.

The inquiry report should invariably contain the following:

1. Reference: Registrars circular Men. No. G6- 10710/63dt.11.3.63
2. Correct Number and name of the society according to its bye-laws
3. Date of registration and starting
4. Type and classification of society
5. Area of operation and postal address of the society
6. Number of members on the rolls and paid up share capital as on day
7. A brief account of the condition of the society and the attempts made by the union financing bank or department officers to improve its working and reason for failure
8. The date of successive visit made by the officers of the department
9. A statement of assets and liabilities as on date indicating whether any item will prove bad
10. A statement showing in detail the amount due and overdue by member and whether any amount is irrecoverable and its so reasons thereof
11. Whether there is any likelihood of the defaulters, members, committee members and staff alignity the property immediately
12. Postal address of the office bearers (managing committee and secretary) The major defects noticed in the inquiry should be brought to the notice of the general body and its views ascertained as regards the future working of the society. A general body may be convene it the inquiry order

The report should be prepared in duplicate and submitted before the date of expiry of order. In-case extension of time is required the same should be sought for presenting and an  interim report pointing out of the reasons call the extension sought for.