By Accommodation Times News Services
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 1/5ths of the members of the society of 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.
The requisition for the special general body meeting of the Society, under the bye-law No.99 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.
The committee shall decide the date, time and place of every general body meeting shall be only that mentioned 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.
In case of the annual general body meeting, 14 clear days notice and in the case of the special general body meeting, 5 clear 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 unanimously decides to call the special general body meeting at a shorter notice.
The quorum for every general body meeting of the Society shall be 2/3rds of the total number of members of the Society or 20, whichever is less.
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 or 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 quorum or not.
If all the business on the agenda of the general body meeting of the Society cannot be transacted on the day on which the general body meting 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.
The Chairman of the society shall preside over all general body meetings of the society, provided that if the Chairman is absent or if present is unwilling to preside, the members present may elect a person is unwilling to preside, the members present may elect a person from amongst themselves to preside over it.
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,
Voting right of a member and an associate member of the society shall be regulated in accordance with the provision of Sections 27(1) and (2) of the Act.
At a 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 one vote only. In case of equality of votes, the Chairman of the meeting shall have a casting vote.
Unless otherwise specifically provided under the Act, the Rules 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.
The Committee shall finalise that 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 Secretary of the society or any other person authorised in that behalf.
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.
Can a Chairman call an Special Emergency Meeting without discussing in the Committee and without information to Secretary of the S.E.M. (No Confidence) in absence of Secretary of the Society. Please advise.
Can a special General meeting be called at a notice of 10 Days without any written requisition.
No. Special Gen meeting must be given 14 days notice
If there is an observation in the minutes circulated of an sgm by a member, still if action in implemented before circulation of the minutes…. Is it legal??? If not what should be done?
Can a secretary call a special general meeting without speciying agenda of the meeting?
Can a meeting be legally conducted without seeking Sub Registrar’s permission in a special condition when AGM is suspended?….What are the rules required to follow a special meeting if AGM is suspended?
Our is SRA Society which is registered one. The builder is not paying the rent to the tenants whose huts has been demolished for a last considerable time, the chairman is shielding the builder. Now to fix the rent as per members requirements we wish to call a Special General Body Meeting of all the members. Please guide us as to how the meeting can be called by the members, what is period of notice, quorum and resolution. Please guide us in details what precautions to be taken so that the resolution passed in the meeting is not challenged in the quort of law.