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Tuesday 20 September 2022

Section 13 of MCS ACT 1960 : Amendment of bye-laws of society

13.Amendment  of by-laws of society

(1) No amendment of the by-laws of a society shall be valid until registered under this Act. For the purpose of registration of an amendment of the by-laws, a copy of the amendment passed, in the manner prescribed, at a  general meeting  of the society, shall be forwarded to the Registrar. 1[Every application for registration of an amendment of the by-laws shall, 2*

*  *  be disposed of by the Registrar within a period of two months from the date of its receipt.]


(1A) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which, as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the amendment of the bye-laws shall be deemed to have been registered.


(1B) No amendment of the bye-laws of a society shall be registered by the Registrar under this section or in the case of the bye-laws which are deemed to have been registered shall have effect, if the amendment is repugnant to the policy directives, if any, issued by the State Government under section 4.]


    (2)When the Registrar registers an amendment of the by-laws of a society 6[or where an amendment of the bye-laws is deemed to have been registered], he shall issue to the society a copy of the amendment certified by him, which shall be conclusive evidence that the same is duly registered.


   (3)Where the Registrar refuses to register 7[such amendment] of the by-laws of a society, he shall communicate the order of refusal, together with his reasons therefor, to the society