Co-operative Housing Society – General body meeting
General body meeting – Co-operative Housing Society
What is the provision for extension of the general body meeting, in case meeting is not held before the 14th August?
The first general body meeting of the Society, shall be held within the period of 3 months of the date of the registration of the Society, but in case of an unforeseen event if the society is unable to hold the meeting, then Committee of the CHS may have to apply to the Registrar for an extension of time on or before 31st July with a copy of resolution and required court stamp fee. Registrar may grant extension if request is genuine up to 14th November i.e. for a period of three months.
What are the possible action that can be taken in case of not holding an AGM before 14th August or up to the extended period?
In case of not holding the AGM within the stipulated time, the Registrar may disqualify the members of the committee who is responsible for it, up to a period of three years.
Who issues the notice for the first General Body Meeting of the Society and how many days’ prior a notice is to be issue?
14 days’ prior to the General Body Meeting, the secretory issues a notice to all flat owners/gala owners’ participating in the registration proposal.
What proceedings to be transacted in First General Body Meeting?
Proceedings to be transacted in the First General Body Meeting are as follow:
1) To select Chairman of the Meeting.
2) Admission of new members If application for membership is received.
3) Receiving statement of accounts and report stating all transaction entered in by Chief Promoter up to 14 days before the meeting
4) To constitute provisional committee of the society for one year.
Who can call the Special General Body Meeting after making such demand?
The secretary of the Society can call for the special General Body Meeting.
What is a remedy if Chief Promoter has not called first General Body Meeting in prescribed period?
On failure to call the first General Meeting of the CHS in time the said meeting can be called by Registering Authority
Is a Co-member allowed to participate in the working of the general body meeting?
Yes, Co-member can participate in the working of the society in case of absence of original members.
What should be the minimum notice period for calling special general body meeting?
A minimum notice period of 7 days is to be given prior to calling a Special General Body Meeting.
Whether AGM is treated as invalid if the notice is not served to any members of the CHS?
Once AGM is called it cannot be treated as invalid until such order are passed by the Cooperative Court.
Who is responsible to call an Annual General Body Meeting?
As per Rule 60 of Maharashtra Co-operative Societies Rules 1961, it is the responsibility of the secretary to call an Annual General Body Meeting
What are the provisions for an incomplete proceeding of agenda in a General Body Meeting?
In case of an incomplete proceeding of an agenda in the General body meeting, the said meeting shall be continued to another suitable date but not beyond 30 days from the date of meeting as may be decided by the members present at the meeting.
List down the obligatory subject matter that needs to be discussed and worked on, in an annual general body meeting?
It is an obligation to transact business on the following subject matters in the held Annual General Body Meeting.
• To read and approve the minutes of the last years general body meeting
• Present the financial statements and other working report of the managing committee for approval.
• Need to consider the received Statutory Audit Report or the rectified statutory reports for previous cooperative year
• Declare the results of election held in the previous Annual General Meeting in that year.
• Appoint an internal Statutory Auditor and approve his remuneration.
• Proceed with the resolution for amendment as per the order from Co-operation department.
• Take decision with respects to bye-laws amendment suggested by the committee
• Take decision on major repairs with respect of structural audit, erecting tower, increasing service charges and other charges, changing of lift and such corresponding subject that needs to be executed by the society.
• Consider other important subject matters with the prior permission of the chairman.
• The Society can also present important matters, but with approval of the general body as is necessary under Co-operative law and bye-laws.
Which business proceeding cannot transacted in the Annual General Body meeting without prior notice?
Proceeding on the subject matters like expelling member of the Co-Operative Housing Society, making any amendment in the bye-laws, division or amalgamation of the co-operative housing society, etc. pertaining to important policy matter cannot be transacted in the meeting without prior intimation.
Is it obligatory for the members to follow resolution which is passed in an AGM, but is neither passed by nor set aside by Court?
For any resolutions passed in an AGM remains in force until any prohibition order is set or issued by the Housing Cooperative Court.
What are the provision available if the accounts of CHS are not finalized before 15th May?
On failure of finalising the accounts on or before 15th May, the committee may appeal to the Registrar to take the necessary steps and finalize the accounts by the authorized officer as under section 79 (2) of the Co-operative law.
What are the various subject matters that need to be discussed and conducted in the first General Body Meeting, after the registration is obligatory?
Here is a list of Agenda that needs to be looked into in the first general body meeting :-
• Elect a President
• Admission of new members
• Select a management committee for the year.
• Accept and approve expenses, within 14 day prior to the first general body meeting called by the chief Promoter
• Appoint an internal auditor to decide his fees.
• Take decision regarding taking membership of Housing Federation and other institutions.
• Give powers to a member from the Ad-hoc managing committee
• Consider other important subject matters raised by the members excluding the ones for which advance notice and permission of the chairman.
When is the Special General Body meeting called?
The Special General Body meeting can be called by the Chairman or by majority of the committee members whenever deemed to be appropriate. Similarly a special general body meeting can be called if one fifth of the members of the society provide a written demand for it.
How can the resolution passed in the Annual General Meeting be challenged?
Resolutions passed in AGM can be challenged by a filling a dispute in the Cooperative Court under section 91 of MCS Act 1960.
What is the deadline for holding an annual general body meeting of the society to be?
The annual general body meeting should be called by 14th of August. But in case of an extension to be taken due to an unforeseen event, an extension up to 14th November would be granted on approval from the registrar. In case of not having applied for an extension, the Registrar can call for an annual general body meeting by appointing authorized officer.
Can an Annual General Body Meeting be adjourned for the want of Quorum?
Yes an AGM can be adjourned for the want for quorum till the time as determined in the meeting or as mentioned in the notice on the same day, to a subsequent date, not before seven days.
What is the remedy for non-completion of accounting of the Co-operative Housing Society by 15th May?
The Committee needs to apply for an extension to the registrar for completion of accounts.
Who is responsible for ensuring that the AGM is convened within the stipulated time?
It is the responsibility of the Committee of the Housing Society under bye-rule no. 139(16) of the society.
By when should the first general body meeting be called?
The first General Meeting should be convened within a period of three months from the date of registration of Co-operative Housing Society.
How many days prior to the Annual General Body Meeting should the notice be sent?
A minimum period of 14 days prior to AGM, should the notice be given to the members.
Can the resolution passed in the Annual general body meeting or special general body meeting be modified?
Once a resolution is passed at the AGM or SGM, it cannot be cancelled or modified before six months of its passing or expiring.
