Short Answer

Yes, a cooperative society can amend its by-laws after the Registrar raises queries or objections, but the process must strictly follow Section 13 of the Gujarat Cooperative Societies Act, 1961 and Rule 6 of the Gujarat Cooperative Societies Rules, 1965. The society must revise the proposed amendments, pass them again in a Special General Meeting (SGM), and resubmit them to the Registrar with clarifications or corrections addressing each objection.

Detailed Explanation

By-laws are the foundational rules governing the functioning, administration, and conduct of members in a cooperative society. Whenever the society proposes an amendment — such as changing membership rules, election terms, or redevelopment policies — it must obtain Registrar’s approval.

If the Registrar raises queries, objections, or requires clarification, the society cannot simply proceed; it must comply with the detailed amendment process laid down in law.

• Legal Basis:

Section 13 of the Gujarat Cooperative Societies Act, 1961:

Provides the framework for amending society by-laws. It mandates that:

Amendments must be approved by at least two-thirds of the members present at a Special General Meeting.

The society must submit the amendment proposal to the Registrar within two months from the date of approval.

The Registrar must either approve or return the proposal within 60 days with reasons for objections or suggestions for modification.

If returned, the society may revise and resubmit the proposal after addressing the objections.

Rule 6 of the Gujarat Cooperative Societies Rules, 1965:

Specifies the procedure for re-submission of by-law amendments.

It requires the society to:

Record all changes made in response to the Registrar’s objections.

Attach a copy of the General Body resolution approving the revised version.

Submit the complete file again to the Registrar for final approval.

• Step-by-Step Process (After Registrar’s Queries or Objections):

Receipt of Registrar’s Letter:

The society receives a communication outlining objections, queries, or required modifications to the proposed amendment.

Committee Review:

The managing committee discusses the queries and prepares revised drafts addressing each point.

Calling a Special General Meeting (SGM):

A new SGM is convened with proper notice to all members.

Passing the Revised Amendments:

Members approve the modified version by two-thirds majority.

Resubmission to Registrar:

The revised by-laws, minutes of the SGM, and a clarification note are submitted to the Registrar.

Final Approval:

The Registrar reviews and, if satisfied, issues an official approval certificate.

Registration of Amendment:

Once approved, the amendment becomes effective from the date of registration, and copies must be circulated among members.

• Important Rules to Remember:

If the society fails to respond to Registrar’s objections within 60 days, the proposal may lapse.

The amendment must not contradict the Cooperative Societies Act or Rules.

Any amendment made without Registrar’s approval is invalid and unenforceable.

The Registrar’s decision is final but can be appealed under Section 155 of the Act if the society believes the objections were unjustified.

Real-world Scenarios

Scenario 1: A housing society in Ahmedabad proposed an amendment to increase the maintenance charge formula. The Registrar raised objections regarding member consent. The society reconvened a Special General Meeting, passed the revised amendment with two-thirds majority, and got it approved.

Scenario 2: In Surat, the Registrar objected to a redevelopment-related by-law amendment as it conflicted with RERA norms. The society modified the clause to comply with legal requirements and resubmitted it for approval.

Scenario 3: A Vadodara society ignored the Registrar’s objections and implemented changes directly. Later, the amendment was declared invalid, and the committee was warned for non-compliance.

References

Section 13 of the Gujarat Cooperative Societies Act, 1961 – Amendment of By-laws: Official PDF

Rule 6 of the Gujarat Cooperative Societies Rules, 1965 – Procedure for Amendment: Official PDF

Government Circular on By-law Amendment Procedure, Registrar of Cooperative Societies (2019).