Back to Index Maharashtra Co-operative Housing Society Bye Laws

X.GENERAL MEETINGS

(A)First General Meeting
86. The first general body meeting of the promoters, who have signed the application for registration of the Society, shall be held within the period of 3 months of the date of the registration of the Society, as provided under Rule 59 of the MCS Rules, 1961. It shall be the responsibility of the Chief Promoter of the Society to convene the said meeting within the stipulated period.

87. On failure of the Chief Promoter of the Society to hold the first general body meeting within the period, mentioned in the bye-law No. 86, the Registering Authority shall cause it to be called.

88. Fourteen clear days' Notice of the first general body meeting of the Society shall be given by the Chief Promoter of the Society or as the case may be, by the officer authorised by the Registering Authority, to all the Promoters, who have signed the application for registration of the Society.

89. (a) At the first general meeting of the society the following business shall be transacted.

i) Election of a President for the meeting,
ii) Admission of new members (other than the Promoters) who have applied for membership of the society.
iii) Receiving and approving the statement of accounts, as prepared by the Chief Promoter of the Society, up to 14 days prior to the date of first general meeting of the Society.
iv) Constitutions of a Provisional Committee until regular elections are held under bye-laws of the society. The Provisional Committee shall have the same powers and functions as the Committee elected in accordance with the bye-laws.
v) Fixing the limit up to which funds may be borrowed.
vi) Authorising the Committee to secure conveyance of the right tilte and interest in the property, in the name of the Society from the Promoter (Builder).
vii) Appoint internal auditor of the society for the year, if necessary and fix his remuneration;
viii) Authorise one of the members of the Provisional Committee to call the first meeting of the Provisional Committee.
ix) Consider affiliation of the Society as member of the Housing Federation of the District and other institutions mentioned in the bye-law no.6;
x) Consider any other matter to be brought in the meeting with the permission of the Chair, excepting those requiring proper notice
(IN ADDITION FOLLOWING ARE APPLICABLE FOR SOCIETY CONSTRUCTING FLATS FOR THEIR MEMBERS )

xi) To review and approve the report of the Chief Promoter of the Society regarding the work done and proposed to be done with reference to the financial and physical aspects of the scheme of construction;
xii) To confirm the agreement for purchase of the plot/building for the society, entered into by the Chief Promoter of the society with the vendors;
xiii) To approve the site plan and the scheme of construction;
xiv) To confirm the appointment of the architect of the society made by the Chief Promoter of the Society or to appoint an architect if no such appointment is made by the Chief Promoter of the Society or to appoint a new architect in place of the one already appointed.
(b) Where the first general meeting fails to elect a Provisional Committee, the Registering Authority shall be competent to nominate such a Committee, including the Chairman and the Secretary of the Society for a period of one year.

90. The person, who presides over the First general meeting shall record the minutes of the meeting, sign them and hand them over to the Secretary of the Society elected at the first meeting of the Provisional Committee or nominated by the Registering Authority under the bye-law No. 89(b).

91. The Chief Promoter of the society shall, immediately after election of the office-bearers of the society, at the first meeting of the Provisional Committee or its nomination by the Registering Authority under the byelaw No. 89(b),hand over to the Chairman of the Society or any member of the Provisional Committee authorised by it in that behalf:-

i) all records of the society, particularly the copy of the application for registration of the society, received back from the Registering Authority;
ii) the copy of the bye-laws of the society registered by the Registering Authority;
iii) the certificate of registration of the society;
iv) the challans of the credit of amounts into the bank
v) the counterfoils of the used cheques and the used forms of the cheques;
vi) the bank pass books;
vii) the copies of all the agreements entered into by him with different parties;
viii) the statement of accounts as prepared by him;
ix) the applications for membership;
x) the statement of information of the promoters;
xi) the vouchers for amount spent;
xii) the cash balance, if any;
xiii) the site plan
xiv) the minutes of the first general meeting of the society;
xv) the files of the correspondence with the Registering Authority, the Local Authority;
xvi) and all such other records and assets of the Society as are in the possession, leaving nothing with him.

92. The Provisional Committee or the Nominated Committee shall have the same powers and functions as the committee duly elected in accordance with the bye-laws of the society;

93. The Provisional Committee or the Nominated Committee shall be in office for a period of one year, or until the regular elections are held under the Bye-laws of the Society.

94. The Chairman of the Provisional Committee or the Nominated Committee shall hand over the charge of all the assets and papers of the Society to the Chairman of the newly elected Committee at the time of its first meeting, leaving nothing with him/them including the record mentioned under byelaw No. 91.

(B)Annual General Body Meetings
95. The annual general body meeting of the Society shall be held on or before the 14th of August of each year or within the extended period as provided under Section 75(1) of the MCS Act, 1960

96. The annual general body meeting of the society shall transact the following business:

(i) to read the minutes of the last annual general body meeting of the society and the special general body meeting of the society, if any and to note the action taken thereon.
(ii) to receive from the Committee, the report on the preceding cooperative year's working, together with the statement of accounts in form 'N' prescribed under Rule 62(1) of the Rules, showing the income and expenditure during the preceding co-operative year and the balance sheet as at the close of the preceding co-operative year.
(iii) to consider audit memorandum, if received from the Statutory Auditor, for the previous co-operative year or years, along with the audit rectification report of the committee thereon.
(iv) to declare the result of the election to the Committee, if election to the committee has taken place prior to the annual general body meeting of the society;
(v) to appoint an auditor, for the Statutory Audit, from the panel maintained by the Deputy Registrar;
(vi) to consider any other matters, specifically requiring decisions, concurrence or sanction of the general body meeting of the society, by virtue of the provisions in the MCS Act, 1960, MCS Rules 1961 and the bye-laws of the society.
(vii) to consider any important communications received from the Registering Authority, the Statutory Auditor, Government, Collector, Local or any other competent authority;
(viii) to consider any other matter with the permission of the Chair, excepting those requiring proper notice, after the regular agenda is over and which are permitted under the provisions of the MCS Act, 1960, MCS Rules, 1961 and bye-laws.

(C)Special General Body Meetings
97. A special general body meeting of the Society may be called at any time, at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt of requisition, in writing, signed by at least 1/5th of the members of the Society or from the Registering Authority or from the Housing Federation, to which the Society is affiliated. The meeting so convened shall not transact any business, other than that mentioned in the notice of the meeting.

98. The requisition for the Special general body meeting of the Society, under the bye-law No. 97 shall be placed within 7 days of its receipt, before the meeting of the Committee, by the Secretary of the Society, for fixing the date, time and place for the special general body meeting of the society.

99. The Committee shall decide the date, time and place of every general body meeting of the Society and the business to be transacted thereat; provided that the business to be transacted at the requisitioned special general body meeting shall be only that mentioned in the requisition. The notice convening the general body meeting shall be issued by the Secretary of the Society accordingly. On his failure to issue the notice, the Chairman shall issue it.

100. In case of the Annual general body meeting, 14 clear day's notice and in the case of the special general body meeting, 5 day's notice of the meeting shall be given to all the members of the Society, under intimation to the Federation and to the Registering Authority. In case of an emergency, the special general body meeting may be called even at a shorter notice, if the Committee unanimously decides to call a special general body meeting at a shorter notice. The agenda of such emergency meeting and the reasons of emergency for which the meeting is called shall be communicated in writing to all the members. Also the decision of such meeting shall be communicated in writing to all the members, within two days of such meeting.

101. The quorum for every general body meeting of the Society shall be 2/3rd of the total number of members of the Society or 20, whichever is less.

102. If within half an hour after the time appointed for the general body meeting of the Society, there is no quorum, the meeting, if convened upon the requisition of the members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day and at the same place, as may have been specified in the notice, calling the general body meeting of the Society or to a subsequent date, not earlier than 7 days and not later than 30 days and at such adjourned general body meeting, the business on the agenda of the original general body meeting shall be transacted, whether there is a quorum or not.

103. If all the business on the agenda of the general body meetings of the Society cannot be transacted on the day on which the general body meeting is held, the meeting shall be postponed to any other suitable date, not later than 30 days from the date of the meeting, as may be decided by the members present at the meeting.

104. The Chairman of the Society shall preside over all general body meeting of the society, provided that if the Chairman is absent or if present and is unwilling to preside, the members present may elect a person from amongst themselves to preside over it.

105. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a general body meeting of the society on behalf of a member of the Society.

106. Voting right of a member and an associate member of the Society shall be regulated in accordance with the provisions of Sections 27(1) and (2) (3) & (3) A of the MCS Act 1960.

107. At the general body meeting of the society, every member of the society and in his absence, his associate member shall have one vote only. In case of equality of votes, the Chairman of the meeting shall have a casting vote.

108. Unless otherwise specifically provided under the MCS Act, 1960, the MCS Rules, 1961 and the Bye-laws of the Society, all questions at a general body meeting of the society shall be decided by a simple majority of those present and voting at the meeting.

109. The committee shall finalise the draft minutes of every general body meeting of the society within 3 months of the date of the meeting and circulate the draft minutes amongst all the members of the society within 15 days of the meeting of the committee at which the draft minutes were finalised. The members of the society may communicate to the Secretary of the society, their observations, if any, on the draft minutes, within 15 days of the date of their circulation. The Committee, at its subsequent meeting, shall prepare the final minutes of the general body meeting after taking into consideration the observations, if any, made by the members on the draft minutes and cause them to be recorded in the minutes book, by the Secretary of the Society or any other person authorised in that behalf.

110. No resolution can be brought at a general body meeting of the society, cancelling its previous resolution, unless 6 clear months have expired, after passing of the previous resolution.