Amendment of multi state
Any multi state can file a proposal for amendment if there is a
1. Change of Address
2. Change of Name
3. Change of Objectives
4. Increase of area of operation
5. Increase of authorized share capital
The amendment to the bye-laws of cooperative society registered under parliamentary act 2002 shall be made by a resolution passed by two-third majority of the members present and voting at general body meeting of the society. A general body meeting is conducted by giving at least fifteen days notice to all the members of the society either by newspaper publication or speed post or local delivery. In any case whenever amendment becomes applicable, an application to register such amendments shall be made to the Central Registrar with the following-
(a) A copy of resolution
(b) A statement containing the particulars indicating-
(i) the date of the general meeting at which the amendments to the bye-laws were made
(ii) the number of days’ notice given to convene the general meeting
(iii) the total number of members of the multi-state co-operative society.
(iv) The quorum required for such meeting
(v) The number of members present in the meeting
(vi) The number of members who voted in such meeting
(vii) The number of members who voted in favour of such amendments to the bye-laws.
(c) a copy of the relevant bye-laws in force with the amendment proposed to be made together with reasons justifying such amendments.
(d) four copies of the bye-laws consisting the proposed amendments signed by the officer duly authorized in this behalf by the general body.
(e) a copy of the notice given to the members and the proposal to amend the bye-laws.
(f) a certificate signed by the person who presided at the general meeting certifying that the process specified in sub-sections (2) and (3) and the bye-laws had been followed.
(g) any other particular which may be required by the Central Registrar in this behalf
Every such application shall be made within sixty days from the date of the general meeting at which such amendment to the bye-laws was passed. The same procedure applies to the amendment of the bye-laws of a cooperative society which aims to convert itself into multi state cooperative society. The Central Registrar may register the amendment within a period of three months from the date of filing if he finds it is not contrary the provisions of this Act or does not conflict with cooperative principles and will promote the economic interest of the members of the multi state cooperative society. In a situation where Central Registrar refuses to register an amendment of the bye-laws of a multi state society, he shall communicate the order of refusal together with the reasons therefor to the Chief Executive of the society in the manner prescribed within fifteen days from the date of such refusal. If the application for registration is not disposed of within a period of three months or the Central Registrar fails to communicate the order of refusal within that period, the application shall be deemed to have been accepted for registration and the Central Registrar shall issue registration certificate in accordance with the provisions of MSCS Act, 2002. Nowadays, a lot of updations has been made while your amendment application can be considered by the ministry of agriculture and farmers welfare, department of agriculture and cooperation. If your society has not filing annual compliances, updating records in the ministry, its amendment application would not be considered. Further, e-filing on the website of ministry has been made mandatory. So all the cooperative societies registered under MSCS Act, 2002 are supposed to upload their activity reports, audited balance sheets along AGM and rest other details yearly. Moreover, due to increasing scams and various cases filed in courts where societies have lured hefty deposits from public and fled away, a notification has been uploaded on ministry website on 01.12.2016 that all those societies who wish to open new branches shall have to take permission from central registrar. This permission requires reasons for opening of new branches, a declaration by the society that no complaint against the society has been filed regarding non-payment of depositors or members, a resolution passed by the society in annual general body meeting or special general body meeting in this regard, total number of ordinary and nominal members of the society of last 3 financial years, total deposits collected by the society branch wise during last 3 years both from ordinary and nominal members, total number of branches and their addresses along with details of business done by these branches for the last 3 years, complete details about investment of deposits collected from members during the last 3 years, whether the society is in profit or loss, audited reports of last 3 years, date of holding election to the board for the last 2 terms along with the date of holding elections to the present board, detailed proceedings of the returning officer to be given, date and documents related to AGM held during last 3 years, copies of returns filed as per section 120 of MSCS Act, 2002.