X. GENERAL MEETINGS
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(A)
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First
General Meeting
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86
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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.
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87
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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
caused it to be called.
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88
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Fourteen clear day's
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.
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89
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(a)
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At the first general
meeting of the society, the following business shall be transacted.
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(i)
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Election of a President
for the meeting.
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(ii)
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Admission of new members (other than the
Promoters) who have applied for membership of the society.
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(iii)
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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.
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(iv)
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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.
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(v)
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Fixing the limit up to which funds may be borrowed.
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(vi)
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Authorising the committee to secure conveyance of the right,
title and interest in the property, in the name of the society from the
Promoter (Builder).
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(vii)
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Appoint internal auditor of the society for the year, if
necessary and fix his remuneration.
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(viii)
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Authorise one of the members of the Provisional committee to
call the first meeting of the Provisional Committee.
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(ix)
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Consider affiliation of the society as member of the Housing
Federation of the District and other institutions mentioned in the bye-law No
6.
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(x)
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Consider any other matter to be brought in the meeting with
the permission of the Chair, excepting those requiring; proper notice.
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IN
ADDITION FOLLOWING ARE APPLICABLE FOR SOCIETY
CONSTRUCTING FLATS FOR THEIR MEMBERS
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(xi)
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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;
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(xii)
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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;
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(xiii)
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To approve the site plan and the scheme of construction.
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(xiv)
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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 one already appointed.
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(b)
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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.
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90
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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).
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91
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The Chief Promoter of the society shall immediately after
election of the officer- bearers of the society, at the first meeting of the
Provisional committee or its nomination by the Registering Authority under
the bye-law No.89(b), handover to the Chairman of the society or any member
of the Provisional Committee authorised by it in that behalf:-
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(i)
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all records of the society, particularly the copy of the
application for registration of the society, received back from the
Registering Authority.
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(ii)
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the copy of the bye-laws of the society registered by the
Registering Authority.
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(iii)
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the certificate of registration of the society.
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(iv)
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the challans of the credit of amounts into the bank
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(v)
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the counterfoils of the used cheques and the used forms of the
cheques;
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(vi)
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the bank pass books;
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(vii)
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the copies of all the agreements entered into by him with
different parties;
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(viii)
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the statement of accounts as prepared by him;
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(ix)
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the applications for membership;
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(x)
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the statement of information of the promoters;
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(xi)
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the vouchers for amounts spent;
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(xii)
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the cash balance, if any;
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(xiii)
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the site plan
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(xiv)
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the minutes of the first general meeting of the society;
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(xv)
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the files of the correspondence with the Registering
Authority, the Local Authority;
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(xvi)
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and all such other records and assets of the society as are in
the possession, leaving nothing with him.
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92
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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.
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93
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The Provisional
Committee or the Nominated Committee shall be in the office for a period of
one year, or until the regular elections are held under the Bye-laws of the
society.
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94
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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/
those including the record mentioned under bye-law No.91.
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(B)
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Annual General Body
Meetings
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95
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The Annual General Body meeting of the society shall be held
on or before 14th August each year or within the extended period
as provided under Section 75(1) of the MCS Act 1960.
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96
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The annual general body meeting of the society shall transact
the following business:
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(i)
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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.
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(ii)
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to receive from the Committee, the report of the preceding
co-operative 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.
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(iii)
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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 committee thereon.
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(iv)
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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.
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(v)
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to appoint an auditor, for the Statutory Audit, from the panel
maintained by the Deputy Registrar.
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(vi)
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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.
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(vii)
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to consider any important communication received from the
Registering Authority, the Statutory Auditor, Government, Collector, Local or
any other competent authority.
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(viii)
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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.
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(C)
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Special General Body Meetings
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97
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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.
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98
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The requisition for the
special general body meeting of the society under the byelaw 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.
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99
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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.
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100
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In case of annual general body meeting, 14 clear day's notice
and in the case of special general body meeting, 5 clear 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.
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101
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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.
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102
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If within half an hour after the time appointed for 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, where there
is a quorum or not.
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103
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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
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.
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104
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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 and is unwilling to preside the members present may elect a person
from amongst themselves to preside over it.
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105
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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.
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106
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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.
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107
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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 a casting vote.
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108
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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.
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109
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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 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.
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110
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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.
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