Co-operative Societies Act 1979 · 2020 Revised Edition · Part 3 · Privileges and Duties of Societies
15. Amendment and registration of by-laws
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A society may, subject to this Act, amend its by-laws.
society
“society” means a co-operative society registered under this Act and includes a primary society, a secondary society and an apex organisation;
No by-law or amendment to a by-law of a society is valid until it has been registered by the Registrar.
No amendment of by-laws may be registered unless a resolution to amend the by-laws is passed either —
by-laws
“by-laws” means the registered by-laws made by a society in the exercise of any power conferred by this Act, and includes a registered amendment of the by-laws;
by at least three-quarters of the members present and voting at a general meeting duly summoned; or
if a referendum is held, by at least three-quarters of the votes returned, provided that the voting papers have been sent to all members of the society and that the number of returned votes is at least one-third of the total membership or 500, whichever is the less, and the returned votes are examined and counted under the Registrar’s supervision.
Every application for the registration of the amended by‑laws must —
be signed by the chairperson or the secretary of the society;
contain such information as the Registrar may require;
be accompanied by a copy of the amendment and the relevant resolution, and such other documents as the Registrar may require; and
be accompanied by such fee as may be prescribed.
The Registrar may register a by-law or an amendment to a by‑law if the Registrar is satisfied that it is not inconsistent with the provisions of this Act and the Rules.
Registrar
“Registrar” means the Registrar of Co‑operative Societies appointed under section 3(1), and includes a Deputy Registrar, an Assistant Registrar, or a public officer appointed under section 3(1), exercising such function, duty or power of the Registrar as is delegated to the Deputy Registrar, Assistant Registrar or public officer (as the case may be) under section 3(2);
If the Registrar refuses to register a by-law or an amendment to a by-law, the Registrar must record in writing the reasons for the Registrar’s refusal and must inform the society of the Registrar’s decision.
Where the Registrar refuses to register a by-law or an amendment to a by-law, an appeal may be made to the Minister within 2 months after the Registrar informs the society of the Registrar’s decision under subsection (6) and the decision of the Minister is final.
Where the Registrar registers a by-law or an amendment to a by‑law, the Registrar must send a copy of the by‑law or the amendment thereto with a notice of registration to the society.