Thursday, December 9, 2010

SHOULD MODEL BYE-LAWS BE REGISTERED WHEN ADOPTED?

SHOULD MODEL BYE-LAWS BE REGISTERED WHEN ADOPTED?
Our society have adopted model bye-laws in the special general body meeting in 2009 and sent to the cooperative department for registration under Section 13 of MCS Act. Please advise whether the registration is necessary or simple adoption by the society is enough to meet the legal requirements and whether the new bye-laws become enforceable on adoption or only after registration and if registration is a must, what is the remedy for expediting the registration?
–S. Gupta

In terms of Section 13 of the MCS Act, read with Rule 12 under the said Act, registration of the bye-laws is essential and till then, these are not valid. For expediting the registration, the matter should be followed up with the office of Registrar of the Societies and in case of undue delay Co-operation Department at Mantralaya may be approached.

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