Answers frequently queries in can Maharashtra co-operative co-op housing society body issues, general meeting bye-laws

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Can the Society amend the bye-laws? Can the Society frame bye-law?
It is the right of the Society to amend as well as to frame new bye-laws. However, any bye-law that is proposed to be amended or is to be framed should not be against the provisions of the Maharashtra Co-operative Societies Act,1960 or Maharashtra Co-operative Societies Rules, 1961.

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When should the Society conduct its Annual General Body Meeting? What should be the quorum for the Annual General Body Meeting?
The Annual General Body Meeting of the Society should be held on or before 14th August. If for any reason the Annual General Body Meeting cannot be held before that date an application should be made to the Dy.Registrar/ Asstt.Registrar of Co-operative Societies to grant extension of time to hold the Annual General Body Meeting. Normally an extension is granted by the Dy. Registrar/ Asstt. Registrar till November 14th. It may be mentioned that if in any case the Annual General Body Meeting cannot be held before the above said dates then the Society cannot hold the Annual General Body Meeting. The Meeting will be held by the officers appointed by the Deputy Registrar/ Asstt. Registrar of Co-operative Societies. The quorum for theGeneral Body Meeting is two third of the total number of Members or twenty whichever is less.

Who can attend the General Body Meeting of the Society? Can a person holding the Power of Attorney/ Letter of Authority attend the General Body Meeting?
Only the Member of the Society can attend the General Body Meeting and in his/ her absence the Associate Member can attend the Meeting. The right to attend the Meeting cannot be delegated. Persons holding the Power of Attorney/Letter of Authority cannot attend the General Body Meeting.

Is the General Body Meeting of the Society bound to sanction each and every item put before it by the Managing Committee?
The acts of the Society are done through the resolutions passed by the Managing Committee and the General Body. The day to day Management of the Society is carried out by the Managing Committee. However, Managing Committee has to function as per the directions of the General Body. It is possible that the office-bearers of the Society might propose an item which might appear to be against the interest of the Members. The General Body has the power to reject the proposals put forth by the Managing Committee.

What business should be transacted at the Annual General Body Meeting?
The following business should be transacted at the Annual General Body Meeting.
(i) To read the Minutes of the Last Annual General Body Meeting and the Special General Body Meeting/s that has been held after the last General Body Meeting and to take action thereon.
(ii) To receive from the Committee, the report on 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.
(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 election to the Committee, if election to the Committee has taken place during the year in which the Annual General Body Meeting of the Society is held.
(v) To appoint an Internal Auditor, if considered necessary and to fix his remuneration.
(vi) To consider any other matters, specifically requiring decision, concurrence or sanction of the General Body Meeting of the Society, by virtue of the provisions in the Act, Rules and the bye-laws of the Society.
(vii) To consider any important communications received from the Registering Authority, the Statutory Auditor, Government, Collector, Local Authority or any other officer of the Government.
(viii)To appoint Statutory Auditor for the coming year.
(ix) To consider any other matter, excepting those requiring proper notice, with the permission of the Chair, after the regular agenda is over.

Does the Amendment to the bye-laws become effective as soon as they are approved in the General Body Meeting? What is the procedure for amendment of bye-laws?
The bye-laws of the Society can be amended by passing the resolution in the General Body Meeting. The formalities with regards to amendment of bye-laws are as under:
(a) The resolution must be passed by 2/3 Members approval who are present in the Meeting.
(b) The resolution must be submitted to the office of the Registrar within two months from the date of the Meeting at which the resolution was passed with the below mentioned information
(bi) Copy of the relevant bye-laws in force along with the amendment/s proposed to be made in pursuance of the resolution together with reasons justifying the amendment.
(bii) Four copies of the text of the bye-laws as it Will stand after amendment/s is/are signed by the office bearers duly authorised by the Managing Committee of the Society.
(biii) A copy of the notice given to the Members of the Society for the proposal to amend the bye-laws.
(biv) Additional information as may be required by the Registrar. On receipt of the above said information/s the Registrar shall normally dispose off the application within two months from the date of receipt of the application. If the Registrar is of the opinion that the proposed amendment may be accepted subject to any modification then he may suggest the modification to the Society. It may be emphasized that it is at the discretion of the Registrar to approve the amendment. By merely passing a resolution to amend the bye-laws the same does not become effective.

What should the office bearers of the newly elected Committee do if the earlier Committee refuses to handover the charge of the records of the Society? Can the newly elected Committee obtain the records of the Society with the help of Police Officer?
The office bearers of the newly elected Committee may request the Chairman and Secretary of the outgoing Committee to prepare the list of the inventories and to hand over the same to the Chairman of the Society. The office-bearers may also write to the Registrar of Co-operative Society. The Registrar may make the necessary inquires & may empower any person on his behalf to receive the charge of the records of the Society. On receipt of such a written directive from the Registrar the Ex-chairman should handover the records. If the Ex-chairman does not comply with the above said directive then on conviction he can be punished with simple imprisonment which may extend up to one month or with a fine not exceeding Rs. 500 or both. The Registrar or a person authorised by him may also apply to the Executive Magistrate within whose jurisdiction the Society is functioning for seeking and taking possession of the records and property of the Society. If the Magistrate is satisfied that immediate action is required then he may authorise any police officer above the rank of Sub-Inspector to enter and search any place where the record & property are kept or likely to be kept and to seize them and handover the possession thereof to the Registrar or the person authorised by him as the case may be.