General Body Meeting

   25-05-2019 -       UMESHCHANDRA YADAV -       no comment.

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1. Who issued the notice for the first general body meeting of the Society and how many days notice to be issue?

Ans: It is essential to issue total 14 days to all flat owners/gala owners participation in the registration proposal.

2. Who call the Special General Body Meeting after making such demand?

Ans: The secretary of the Society can call such meeting.

3. What is a remedy if the general body of the society was not called before the 14th August?

Ans: In such situation the society should to more resolution for getting extension for calling meeting and by passing it the application for extension should have to be submitted to the Registrar before 31st July or before that. If the reasons of the society for extension Registrar can give extension up to 3 months period.

4. What is a remedy if Chief Promoter has not called first General Body Meeting in prescribed period?

Ans: Registrar can call such meeting.

5. What should be the minimum notice period for calling special general body meeting?

Ans: The minimum period should be 7 days .

6. What proceedings to be transacted in First General Body Meeting?

Ans: Proceedings to be transacted in the First General Body Meeting is a follow:

1) To select Chairman of the Meeting.

2) If application for membership received that to give them membership.

3) To accept all accounts statement and report prepared before 14 days of the meeting.

4) To constitute ad-hoc committee of the society for one year.

7. Can a meeting become invalid is some members of the co-operative housing society?

Ans: Once the general body meeting is called then it cannot be invalid unless the order in that regard passed by the Co-operation court.

8. What are the members if Special General Body Meeting is not called?

Ans: If the committee of the society tells to call special general body meeting then the Registrar called such meeting through authorized officer.

9. Can a Co-member participate in the working of the general body meeting?

Ans: Yes, Co-member can participate in the working of the society in absence of the original members.

10. Whose responsibility it is to call Annual General Body Meeting?

Ans: The responsibility to call Annual General Body Meeting of the society is of the Secretary under rule 60 of the Maharashtra Cooperative Societies Rule 1961.

11. On which subjects working by conducting in the annual general body meeting is obligatory?

Ans: It is legally obligatory to transact business on the following subjects in the annual general body meeting.

1) To read and approve the minutes of the last years general body meeting.

2) To present the working report of the managing committee and to present financial statement and to get it approve.

3) To consider the statutory Audit Report if it is received and if the society presented it then to consider on rectified report.

4) To declare the election result if election was conducted on that year.

5) To appoint internal auditor if necessary and to approve his remuneration

6) To appoint auditor for next year by the society for getting statutory audit.

7) To move resolution for amendment in bye laws as necessary as per circular/ order from Co-operation department.

8) To take decision by deliberation in respects of the bye-laws amendment suggested by the managing committee (It is present and suggested amendment bye- laws to the members together with Agenda) To consider and take decision on major repairs carried out or to be carried by the society, in respect of structural audit., erecting tower, increasing service charges and other charges, changing of lift and such corresponding subject.

9) To consider the eleventh hour subject with the prior permission of the chairman by excluding the subject for which advance notice is necessary.

Note : The Society can present other important subjects as per there requirement for which approval of the general body is necessary under Co-operative law, rule and bye-laws.

12. Which proceeding could not be transacted in the meeting called by not giving proper notice?

Ans: Proceeding on the subjects like expelling member of the Co-Operative Housing Society, to make amendment in the bye-laws, partition of the society, to transfer amalgamated society’s property etc. which are dealing with important policy matter and causing for reaching effect cannot be transacted in the meeting called by not giving proper notice.

13. If the proceeding was not completed or inadequate as per agenda of the General Body Meeting than what is a provision for it?

Ans: In such situation, by postponing the proceedings for the meeting and by taking decision after deliberation, there is a provision to finish remaining work within 30 days of the meeting and on stipulated day & time.

14. If the Co-operation court not issued probation order or not cancel the resolution passed in the general body meeting then in such situated is the said resolution obligatory to all members?

Ans: If the Co-operation court has not issued prohibitory order for the resolution or not cancelled it then that resolution can be in force and it is obligatory.

15. On what subject working to be conducted in the first general body meeting after the registration is obligatory?

Ans: Agenda of the first general body meeting after registration is obligatory as follow:

1) To select President of the meeting.

2) To membership of other flat owners except Promoter

3) To select ad- hoc management committee.

4) To accept and approve upto 14 day expenses prior to the first general body meeting by the chief Promoter.

5) To give power to the ad-hoc management committee for getting papers like conveyance ownership rights from developer.

6) To put restrictions on the loan amount to be raised from outside.

7) To appoint internal auditor and to decide his fees.

8) To take decision regarding taking membership of Housing Federation and other institutions.

9) To give powers to one member from the Ad-hoc managing of the managing committee

10) To think over the eleventh hour subject raised by the members excluding the matter for which advance notice is necessary with the permission of the chairman.

16. When does the Special General Body meeting called?

Ans: The Special General Body meeting can be called at any time by the Chairman or majority of the committee members., Similarly it is necessary to call special general body meeting if one fifth of the members of the society made written demand for it. If Society called such meeting then the Registrar arrange it by appointing authorized officer.

17. What are the measurements if the society has not finalized the accounts on 15th May or within the standard period?

Ans: In such a situation the Registrar can take step to finalized the accounts by the authorized officer as per provision under section 79 (2) of the Co-operative law.

18. How can be challenge the resolution passed in Annual General Body Meeting?

Ans: A dispute can be raised by filing a suit in co-operation court under Section 91 of the Maharashtra Co-operative Societies Act 1960 and Resolution can be challenge.

19. Is Annual General Body Meeting postponed for want of Quorum?

Ans: Yes. As decided on the day of meeting and as mentioned in the notice the meeting can be postpone upto the time determined on the same day. A postpone meeting can be taken on the date determined and this meeting did not required quorum.

20. What is a remedy if the accounts of the Co-operative Housing Society are not completed up to 15th May?

Ans: A Committee of the society should have to applied to the registrar within a time and seek extension for completing accounts.

21. Can a changes be made in the resolution passed in Annual general body meeting or special general body meeting?

Ans: Once resolution is passed it cannot be put for cancellation or changes in the Annual general body meeting within six months from its passing.

22. It is whose responsibility to see whether the Annual General Body Meeting was called in prescribed time limit or not?

Ans: It is the responsibility of the Committee of the Housing Society under bye-rule no. 139(16) of the society.

23. Up to which date the annual general body meeting of the society to be called?

Ans: The annual general body meeting should be called upto 14th of the month of August,. If extension to be takes for some reasons the extension can be taken upto 14th November by making an application to the right Registrar Officer. If the annual general body meeting was not held by not taking extension upto 14th August and by taking extension upto 14th November then the Registrar can take annual general body meeting by appointing authorized officer.

24. With in what period it is essential to call first general body meeting?
Ans: It is essential to call first general body meeting of registration of the society.

25. What is a minimum period of the Annual General Body Meeting?

Ans: At least 14 days notice is required.

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