Meetings and Minutes writing in Housing Societies: First General Meeting
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.