By Legal Bureau
A) FIRST GENERAL MEETING
1. The first general meeting of the promoters who have signed the applications for registration of the society shall be held within the period of three months of the date of the registration of the society as provided under rule 59 of the rules it shall be the responsibility of the chief promoter of the society to convene the said meeting within the stipulated Period.
2. On failure of the chief promoter of the Society to hold the first meeting of the general body within the period mentioned in bye law no 86 the registering authority shall cause it to be called.
3. Fourteen clear days notice of the first general body meeting 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 the registration of the society.
4a. The functions of the first general meeting of the Society shall be as under:
i) to elect a president for the meeting.
ii) to admit persons to membership who have applied for membership of the society.
iii) to elect a provisional committee.
iv) to receive and approve the statement of account as prepared by the chief promoter of the society upto 14 days prior to the date of the first general meeting of the Society.
v) to authorise the committee to secure conveyance of the right title and interest in the property in the name of the society from the promoter builder.
vi) to fix the limit upto, which funds may be borrowed.
vii) to appoint internal auditor of the Society for the year if necessary and to fix his remuneration.
viii) to authorise one of the member of the provisional committee to call the first meeting of the provisional committee.
ix) to 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) to consider any other matter to be brought before the meeting and with the permission of the chair excepting that requiring proper notice.
4b. 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 three years.
5. 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).
6. The Chief Promoter of the society shall immediately after election or office bearers of the Society at the first meting of the provisional committee or its nomination by the registering authority under the bye law no 89(b) hand over to the Chairman of the Society or any members of the provisional committee authorised by it in that behalf all records of the Society particularly the copy of the application for registration of the Society received back from the registering authority the copy of the bye laws of the Society registered by the registering authority the certificate of registration of the society the challans for credit of amounts into the bank the counterfoils of the used cheques and the unused forms of the cheques the bank pass books copies of all the agreements entered into by him with the different parties the statement of account as prepared by him the application for membership the statement of information of the promoters the vouchers for amount spent the cash balance if any the site plan, the minutes of the first general body meeting of the society the files of the correspondence with he registering authority the local authority and all such other records and assets of the Society as are in his possession leaving nothing with him.
7. 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.
8. The provisional committee or the nominated committee shall be in office for a period of one year.
9. The chairman of the provisional committee or the nominated committee shall handover 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.
B) ANNUAL GENERAL MEETINGS
1. The annual general meeting of the Society shall be held on or before 14 August each year or within the extended period as provided under section 75 (1) of the act.
2. The annual general meeting of the Society shall transact the following business.
a. to read the minutes of the last annual general meeting of the society and the special general body meeting of the Society if any and not to action taken thereon.
b. to receive from the committee the report on the proceeding co-operative years working together with the statements of accounts in the form n prescribed under rule 62 of the rules showing the income and expenditure during the proceeding co-operative year an the balance sheet as at the close of the proceeding co-operative year.
c. to consider audit memorandum if received from the Statutory Auditor for the previous co-operative years or year along with the audit rectification report of the committee thereon.
d. to declare the result of election of the committee if election to the committee has taken place during the year in which the annual general meeting of the society is held.
e. to appoint an Internet Auditor if considered necessary and to fix his remuneration.
f. to consider any other matters specifically requiring decisions concurrence or sanction of the general meeting of the Society b virtue of the provisions in act rules and bye laws of the society.
g. To consider any important communications received from the registering authority, the Statutory Auditor, Government, Collector, Local authority or any other officer of the government.
h. To consider any other matter excepting those requiring proper notice with the permission of the chair after the regular agenda is over.
C) SPECIAL GENERAL BODY MEETING
1. A special general 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 month of date of the receipt of requisition in writing signed by at least 1/5 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.
2. The requisition for the special general meeting of the society under the bye law no.97 shall be placed within the 7 days of its receipt before the meeting of the committee by the secretary of the society for fixing the date time and place of the special general meeting if the Society
3. The Committee shall decide the date, time and place of very general meeting of them society and the business to be transacted at the requisitioned special general meeting shall be only that mentioned in the requisition. The notice convening the general meeting shall be issued by the Secretary of the society accordingly on his failure to issue the notice the chairman shall, issue it.
4. In case of the annual general meeting 14 clear days notice and in the case of the special general body meeting 5 clears days notice of the meeting shall be given to all the members of the society under intimation 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 unanimous decides to call the special general meetings a shorter notice.
5. The quorum for every general meeting of the society shall be 2/3rds of the total numbers of members of the society or 20 whichever is less.
6. If within half an hour after the time appointed for the general 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 meeting of the society or to a subsequent date not earlier then 7 days and not later than 30 days and at such adjourned general meeting the business on the agenda of the original general meeting shall be transacted whether there is no quorum or not.
7. If all the business on the agenda of the general meeting of the society cannot be transacted on the day on which the general meeting is held the meeting shall be postponed t any other suitable date not later than 30 day from the date of the meeting as may be decided by the members present at the meeting.
8. The chairman of the society shall preside over all general meetings of the society provided that if the chairman is absent or is present if unwilling to preside the members present may elect a person from themselves to preside over it.
9. No proxy or a holder of power of attomey or letter of authority shall be eligible to attend a general meeting if the society on behalf of a member of the society.
10. Voting right of the member and an associate member of the society shall be regulated in accordance it the provisions of section 27(1) and(2) of the act.
11. At the general meeting of the society every member of the Society and in his absence his associate member shall have only vote in case of equality of votes the chairman of the meeting shall have a casting vote.
12. Unless otherwise specifically provided under the act the rules and the bye laws of the society all questions at a general meeting of the society shall be decided by a simple majority of those present and voting at the meeting.
13. The committee shall finalise the draft minutes of every general 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 of 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 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.
14. No. resolution can be brought at a general meeting of the society canceling it previous resolution unless 6 clear months have expired after passing of the previous resolution.
TYPES OF MANAGING COMMITTEE MEETING
1. No member of the committee shall be present at the consideration of any matter in which he his directly or indirectly interested.
2. The period of office of the committee elected under the Bye-law no. 115 shall be for 3 years from the date of its first meeting.
3a. The first meeting of the newly elected and outgoing committee shall be held within 30 days from the date of the general body meeting of the society at which the result of its election was declared.
3b. Subject to the previous of the bye-law no.121 the Secretary of the out going committee shall issue notice of the first meetings of the newly elected committee to the members thereof on the failure of the secretary of the outgoing committee to convene the said meeting the chairman of the outgoing committee shall call it on the failure of both the registering authority may call such a meeting.
4. All records of the Society shall be kept at its registered address till construction of the building is not complete on completion of construction the building the records of the society shall be kept at its premises convenient to the secretary with the approval of the chairman of the society.
5. When the new committee is elected the Secretary of the outgoing committee shall prepare the list of papers and property of the society in his custody and hand over the charge there to the outgoing Chairman the retiring Chairman shall hand over the charge of the office of the committee and all papers and property of the society in his possession to the Chairman of the new committee as per previsions contained in Section 160 of the Act.
6a. Every committee at its first meeting after its election shall elect a Chairman and Secretary from amongst the members of the committee.
6b. The Chairman, Secretary of the Society shall hold office for the period of 3 years from the date on which he is elected to be the Chairman or as the case may be the Secretary.
Provided that he shall cease to be the Chairman or as the case may be the Secretary of the Society if the motion of no confidence is moved in the special meeting of the Committee called upon the notice given by 1/3rds members of the committee and the motion of the no confidence is passed by ¾ the members present it such meeting having attendance of at least 2/3rds members of the Committee.
7. The quorum for a committee meeting shall be members of the committee it shall not be competent for the committee to transact any business there is the quorum at the time of consideration of every item on the agenda of the meeting of the Committee.
8. The Committee shall meet as often as necessary but at least once in a month.
9.In the event of vacancies in the Committee caused on account of the death, resignation, disqualification or removal of any members of the Committee may fill in such vacancies by co-option on the committee of any other members eligible to be on the Committee irrespective of the fact whether there is the quorum or not withstanding anything contained in the bye-law no.125.
10. The period of office of the co-opted member of the Committee shall co-terminus with tenure of office of the Committee.
11. A Member of the Committee may be a letter addressed to the Chairman of the Society resign his membership of the Committee the resignation shall be effective from the date it is accepted by the Committee or on expiry of the period of one month from the date of the receipt of the letter of the resignation by the Chairman of the Secretary of the Society whichever is earlier.
12a. The Chairman of the Society may resign his Office as Chairman by a letter addressed to the Secretary of the society.
12b. The Secretary of the Society may resign his office as Secretary by letter addressed to the Chairman of the Society.
12c. The Committee may accept resignation of the office of the Chairman, Secretary of the Society has brought upto date the work entrusted to him and has produced the entire papers and property of the Society in his possession before the committee.
13. The Secretary of the society shall give 3 clear days notice of every meeting of the committee to all the members of the Committee which shall state the date, time and place of the meeting and the business to be transacted thereat in consultation with the Chairman of the Society where the Secretary of the Society fails to issue such a notice and agenda of any meeting of the committee the Chairman of the Society shall issue it if the Chairman and Secretary of the Society fails to issue a notice and agenda of any meeting of the committee the Chairman of the society shall issue it if the Chairman and Secretary of the Society fails to issue a notice and agenda of any meeting of the committee the registering authority may call such things.
14. The Chairman of the Society shall preside over all the meetings committee provided that if at any meeting of the committee is absent or if present is not willing to preside those members of the committee present shall elect one of them to be the Chairman for the occasion who shall preside over meeting.
15. Every member of the Committee shall have one vote however in case of equality of votes the Chairman of the meeting will have a second or casting vote all decisions shall be taken by majority of votes.
16. On a requisition by 1/3rds of the members of the Committee the Secretary of the society shall convene a special meeting of the committee within 7 days of this date of receipt of the requisition to discuss the matters mentioned in the requisition on type failure of the Secretary of the society to convene such a meeting within the terms stipulated the procedure laid down under the bye law no. 131 shall be followed.
17. The Secretary of the Society shall attend every meeting of the Committee and record its minutes and place and the same for confirmation before the next meeting of the Committee after the minutes are signed by the Secretary of the Society and the Chairman of the meeting in the absence of the Secretary of all Society the Chairman of the society shall make alternate arrangement for recording minutes of the meeting.
18. The member of the committee shall be jointly and severally liable for making good any loss which the society may suffer on accounts of their negligence or omission to perform any of the duties and functions cast on them under the act rules and bye laws of the society.
I needs to clear two points 1) After AGM the Minutes of the Meeting preparation is the responsibility of OUT Going Committee OR IN Comening Committee. 2. At the time of AGM all members Chairman/Secretary/Treasurer & Internal Auditor were elected with other committee members but there was no Joint Secretary proposal during AGM. Is it possible that Committee can creat new position of Joint Secretary out of elected committee members only. 3.. Can a Managing Committee take decision and expend money for general party from society fund. Can an individual member object or go for a legal complain?? Kindly help and advise as per regulation.
Your answers:
1.
Either one of them can do it. It is the responsibility of the MC (incoming or outgoing) to prepare the minutes and circulate AGM minutes to all members. Members can place their objections to the minutes, in case of discrepancies, in writing, which need to be placed in front of General Body meeting, in next AGM. 2. Committee can create a new post for Joint Secretary, if it is not explicitly prohibited in the Bye Laws. 3. If the general party is arranged for the benefit of all members, the MC has the necessary powers to do so, unless otherwise explicitly restricted in the bye laws. It should be made clear that Society Fund should be used for society in general i.e. for all members. If this is not the case, then and individual has the right to file a legal complaint with the RCS, stating partiality and manipulative management practices in affairs of the society. Please garner at least 1/5 no. of votes of members to make your case stronger.
Respected Person, could one CHS member call AGM ?
Re: queries posted by Jainiwash Sharma on 10.09.09.
1. For all practical purposes, the minutes of the AGM have to be prepared by the In-coming Managing Committee(MC) as the Secretary of this MC who will sign and table the Minutes at the next AGM. Needless to say, all assistance can be obtained from the outgoing MC in preparation of the Minutes.
2.MC can create new positions on the MC only after amendment to Bye Laws to that effect is made after following the procedure and the amnedment is registered by the registering authority (i.e. Dy Registrar of Co-op Societies (D.R.)). It is doubtful if the D.R. will approve such amendment. 3.If funds(money) from designated Funds like Sinking Fund, Repairs and Maintenance Fund, and other Funds created for specific purposes, is used for a party -though for the benefit of all members, such an action by MC will not be right. I am not sure, generallhy speaking, if you need a group of members to make a complain to D.R. As an example, if out of total members, only one member has rent his flat out and the MC charges this member, a “no-occupation charge” (NOC) of say 50% of “Service Charages” which should not exceed 10% of “service charges’, excluding municipal taxes, it is this singly member who will complain.
Re: query posted on 02.06.10 by Deepak Gade.
No. one CHS member cannot call a AGM or SGM. To know more, please obtain a copy of approved Bye Laws from your Society or from Housing Federation in you area.
New query: “Water Charges” . There is a discord between Model Bye law concerning water charges and charging of water by Thane Municipal Corporation (TMC). According to Bye Law 68(ii) water is apportioned ” on the basis of total number and size of inlets provided in each flat”; whereas TMC charges a combined monthly bill on CHS @ Rs.160/- per month per flat, irrespective of the different areas of different flats. Now, if the CHS apportions the TMC water bill based on Bye Law, a flat will larger area will be charged more than Rs.160. Will this not constitute profit making by the CHS on municipal water and illegal? I have shown our MC bills fron 2 other CHS who charges water @ Rs.160 per flats on different areas of flats. On the contrary, the MC wants to add the electricity cost for motors used to pump the water on the terrance tanks, thereby increasing the total ‘cost of water’- and then apportion the total water cost -just to widen the gap in water charges between 2 sizes of flats!! Informed members please comment.
How are the following expenses to be shared among members of different built up areas of flats and under what headings? 1. Gym expenses 2.Diesel Generator expenses 3. Tank water expenses 4. bore well expenses 5.Waste disposal expenses (garbage from flats and sewage treatment expenses.6. Common area property tax.
“Service Charges”, maintenance charges and division of expenses on members of a CHS. My understanding of by law nos. 67,68 and 69 is that all expenses incurred by a CHS to provide and maintain different type of services to the all members is as follows: 1. Expenses related to the value of flats (based on flat areas) are to be shared according to areas of flats. Instances are (i) insurance of building (ii) repairs and maintenance of building (through the Repairs and Maintenance Fund as per bye law 69(iii) Property tax of the building paid by the CHS (if not paid by individual members directly to the Municipal Corporation) and others based on the area of flats, if any. 2. All common expenses to provide and maintain common services to all members, are to be divided equally on all flats, irrespective of areas of flats. These expenses may be charged in the form of “Service Charges” (many CHS use the term “maintenance charges” ), “Lift expenses’ and “water charges”.3. Other expenses not common to all members, like Non-occupation expenses, parking chages, interest on delayed payments by members,etc.
I would like to have members views on how they think the following type of expenses should be divided. (i) Gymnasium expenses (ii)bore well expenses,(iii) Diesel generator expenses (iv) sewage treatment expenses. Bye laws do not cover these type of expenses and MCs of different CHS may use different methods of apportioning/dividing such expenses.
Hi who can attend AGM- can joint holder of share certificate attend or only the first name in the certificate?
I m treasurer of my society. There was a urgent matter related to our society. Our Chairman had called MC meetting for discussing the same. But in that meeting our secretary was absent (not available). Out of 7 mmber of MC 4 were present. We have taken a decision to call a meeting of our society members to discuss the matter. Now I want to know that this meeting is legal or not (because our secretary was not available and not able to contact him, only informed the family members of the secretary if he comes then please inform him).
if secretory and treasurer are absent then the AGM / SGM of co-operative society is legal or illegal
A MC meeting require at least 3 days of Notice. However, the Chairman has powers to calls uch a meeting at a shorter Notice. The MC meeting you held had a quorum. Even if the Secretary was not present, the meeting was legal.
The meeting of members you intend to call will a Special General Meeting with a specific Agenda. In such a meeting only that Agenda can be discussed, nothing else.
My query. I purchased one parking slot from the builder and I paid thru cheque/cash to builder the value. Now I want to construct a roof over the purchased area to protect my vehicle from sunlight and rain. Whether I have to take permission from Muncipal authority /Society Managing Commitee. The Managing Committee is now asking for the parking charges (else Common place usage charges) from me eventhough I purchased the Parking place. pls advise.
sir ,if members of the MC are issued with a notice from SUB REGISTRAR UNDER SECTION 78 (dismissing the MC FOR NOT SIGNING BOND M20 ),can the MC hire a advocate and fight the case against dismissal?
IN THE AGM I WAS APPOINTED TREASURER OF THE SOCIETY AFTER HOW MANY DAYS THE OUTGOING TREASURER HAS TO HAND OVER THE CHARGE TO ME AND WHETHER I HAVE FILL ANY FORM UNDER THE BYE LAWS . KINDLY LET ME KNOW THIS AND MORE ABOUT THE LIABILITIES OF THE TREASURER.
I WAS APPOINTED TREASURER IN MY SOCIETY. I WANT TO KNOW AFTER HOW MANY DAYS I SHALL BE HANDED OVER THE CHARGE AND WHAT FORM IF ANY I HAVE TO FILL. ALSO LET ME KNOW MY LIABILITIES AS A TREASURER.
Can the monthly outgoings in the society be increased in the AGM without specifically mentioning about the proposal in the Agenda.Is such a resolution valid? The agenda notice mentions in item 3 “to discuss & adopt proposals placed before the members by the management committee””There was no specific mention of increase of outgoings.Should not the members be given tlme to prepare & counter unreasonable increase as the MC members are giving all the outgoings to the builder without giving item wise expenditure in the Income & expenditure a/c..AGm is held lawlessly with gooda elements so many people do not raise their voices..it is passed in haste before giving opportuniyt for discussion.What is the remedy?Can such resolution be changed.Is such resolution legal?
I want to know the following…
Does the managing committee have the power to spend on repair works, without inviting competitive quotations from different vendor ?
Can the MC start the repairing work ( involving major expenses) on their own, without discussing and call for general body meeting. ?
What is the limit of amount MC can spend without General Body’s or MC consent & approval.?
What is the limit of amount MC can spend without Inviting competitive tenders from different vendors ?
In case any member has raised an objection for certain work carried out by the MC, without approval or discussions in general meeting., has the MC got the power to continue the work ?
I have written an objection letter to our societies secretary as MC members on their own started beautification of the society including the pillars on the ground. But the work continued, and the secretary has replied me that the MC has the power to spend the money from 50,000/- to 1,00,000/- Is it justified ?
I want to write to the Deputy Registrar’s office, but I dont have the address details and where it has to be submitted.? I am staying AIROLI-NAVI MUMBAI SECTOR-19.
Kindly answer my queries urgently, as it is seriously urgent.
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Who is authorized to approve and sign the amendment by laws ?
Only the secretary & treasurer can sign it or even chairman can sign the amendment ?
And whoever signs the amendment what authority do they get in the redevelopment of the society ?
Please reply ASAP.
How can society recover legal fees from its members, when it is incurring the legal expenses against 1 member of the society
Can the managing committee appointed as joint secretary to another Committee memers only without general body meeting? if yes, what is the prosedure?
Sir. Within how many days should minutes of meeting of a special general body meeting be circulated for a matter involving finances. That is payment of property dues of defaulters. Thanks.
The president of the MC is not signing the transfer of membership approved by MC and not attending the MC meetings. The MC Meetings are presided over by one of the Executive Members as the Vice President has resigned. Whether the presiding President can sign the transfer of membership documents as he is also signing the other approved items of the agenda. Ours is a Cooperative Housing Society in New Delhi.