If Bye-laws are not registered under Section 13 of the MCS Act, does Registrar have power to intervene?
5 years ago
If Bye-laws are not registered under Section 13 of the Maharashtra Co-operative Societies Act and only resolution is passed by general body of the society, as per Section 13, the bye-law will not be considered valid and can't be enforced. Despite this, if society is enforcing the resolution without approval of the Registrar, does the Registrar have jurisdiction to intervene in any sort or does that matter have to be raised before co-operative court?
Shreyash Mohta
Responded 5 years ago
Society Bye - Laws are voluntary guidelines to be self imposed, more so since a Coop Society can make numerous Modifications/Additions/Alterations/Deletions within the parameters [u/s 13,14,16 r/w rules 8,9,12,13 of the MCS ACT]. The jurisdiction of such Modifications/Additions/Alterations/Deletions are with the general body members of a Coop Society and CANNOT BE WITH THE COOP REGISTRAR. AND/OR WITH THE FEDERATION OR ANY OTHER BODY. IE. The Registrar cannot impose his orders on adopting any fixed Pre - Printed Model Bye Laws that he whimsically thinks as appropriate for each and every society.
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Shreyash Mohta
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Anonymous
Replied 5 years ago
Section 13 of the MCS Act states no amendment shall be valid until registered. and Rule 12 of the Maharashtra Cooperative Societies Rules. 1961 states Registrar won't register any amendments which are contrary to the Act. In that case, the society is essentially enforcing an invalid bye-law without the statutory requirement of submitting the same for approval before the Registrar.
Shreyash Mohta
Replied 5 years ago
In that case sir you must approach the registrar and make him a note of this invalid bye law so that he can intervene and get things sorted
Rameshwar Dadhe
Responded 5 years ago
Matter needs to be challenged before Co-operative Court as Registrar, entertaining without jurisdiction.
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Anonymous
Replied 5 years ago
Section 13 of the MCS Act states no amendment shall be valid until registered. and Rule 12 of the Maharashtra Cooperative Societies Rules. 1961 states Registrar won't register any amendments which are contrary to the Act. In that case, the society is essentially enforcing an invalid bye-law without the statutory requirement of submitting the same for approval before the Registrar. The Registrar as per Section 13 of the MCS Act and Rule 12 of the MCS Rules 1961 has jurisdiction to check the legality of an amendment. Does bypassing the statutory requirement of his approval to the amendment by the society mean he no longer has jurisdiction?
Sunil Kumar Singh
Responded 5 years ago
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