Special General Meeting (SGM) and other matters..
Special General Body Meeting
Special General Body Meeting
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 canceling its previous resolution unless 6 clear months have expired, after passing of the previous resolution.
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 canceling its previous resolution unless 6 clear months have expired, after passing of the previous resolution.
Bye-Law No.109 :
The committee shall finalise the 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 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 befalf.
The committee shall finalise the 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 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 befalf.
What to do if the Secretary and Managing Committee does not provide members required information?
Mrs. Sandhya Karnik asked:
What to do if the Secretary and Managing Committee does not provide members required information?
Our Answer:
When the Secretary or the Managing Committee does not provide required information to a member of the society, the aggrieved member may follow the following procedures:
1) Make use of MSC ACT 32 (1) & 32 (2) with the society:
Under MSC ACT 32 (1): A registered member of the society can inspect the required information, with prior permission, in the society’s office during office hours.
Under section 32 (2): A registered member of the society can make an application in writing to the Chairman / Secretary of the co-operative housing society by Registered Ad Post / Ad Speed Post and Under Postal Certificate for obtaining information pertaining to the affairs of the society U/S.32 (2) of Maharashtra Society's Act (MSC ACT). The society is bound to provide a member with the required information within 30 days of the application on payment of legitimate charges prescribed in the bye law which may be upto Rs. 5 per page. It is advisable to endorse a copy of the application to the Deputy Registrar of the ward.
If after that also they refuses than they are committing breach of law and willful neglect of law hence you have right to approach the Deputy Registrar to enforce your rights seeking copies and action against them. IF the MC fails to provide the info in 30 days, then member may appeal to the Deputy Registrar of Co-operative Housing Societies of the area / ward, for imposing penalty on the MC U/S 146 & 147 of the MCS Act.
A member can also file a petition under Section 89 A of the MCS Act, petitioning the registrar of the ward to "Inspect" the affairs of the society and more specifically for violation of Section 73. Under Section 73 [(1- A) (a) of Maharashtra Co-op. Soc Act 1960 even the provisional committee members need to execute M-20 Bond within 15 days (may be 45 days at present) from their assuming office. As per this section, a provisional committee will be deemed to be regular committee. If they fail to do so than action, decisions etc taken by them becomes void and they will be deemed to have vacated the office.
2) Make use of RTI Act U/S 2 (f) of the RTI Act, 2005 with the Deputy Registrar:
CHS are not brought under RTI, as yet. Make an Application to the Deputy Registrar of your ward under section 2 (f) of the RTI Act, 2005 in person or by Registered Ad Post / Ad Speed Post and Under Postal Certificate and endorse a copy to the Chairman / Secretary of your society. It is mandatory for the Deputy Registrar of Co-operative Housing Societies, as a Govt. servant, to provide the required info, after getting it from the CHS, using his powers U/S 77 & 78 of the MCS Act.
These are the direct ways of obtaining information from the society and indirect ways of obtaining information from the society through the Deputy Registrar under RTI Act, 2005.
1) Make use of MSC ACT 32 (1) & 32 (2) with the society:
Under MSC ACT 32 (1): A registered member of the society can inspect the required information, with prior permission, in the society’s office during office hours.
Under section 32 (2): A registered member of the society can make an application in writing to the Chairman / Secretary of the co-operative housing society by Registered Ad Post / Ad Speed Post and Under Postal Certificate for obtaining information pertaining to the affairs of the society U/S.32 (2) of Maharashtra Society's Act (MSC ACT). The society is bound to provide a member with the required information within 30 days of the application on payment of legitimate charges prescribed in the bye law which may be upto Rs. 5 per page. It is advisable to endorse a copy of the application to the Deputy Registrar of the ward.
If after that also they refuses than they are committing breach of law and willful neglect of law hence you have right to approach the Deputy Registrar to enforce your rights seeking copies and action against them. IF the MC fails to provide the info in 30 days, then member may appeal to the Deputy Registrar of Co-operative Housing Societies of the area / ward, for imposing penalty on the MC U/S 146 & 147 of the MCS Act.
A member can also file a petition under Section 89 A of the MCS Act, petitioning the registrar of the ward to "Inspect" the affairs of the society and more specifically for violation of Section 73. Under Section 73 [(1- A) (a) of Maharashtra Co-op. Soc Act 1960 even the provisional committee members need to execute M-20 Bond within 15 days (may be 45 days at present) from their assuming office. As per this section, a provisional committee will be deemed to be regular committee. If they fail to do so than action, decisions etc taken by them becomes void and they will be deemed to have vacated the office.
2) Make use of RTI Act U/S 2 (f) of the RTI Act, 2005 with the Deputy Registrar:
CHS are not brought under RTI, as yet. Make an Application to the Deputy Registrar of your ward under section 2 (f) of the RTI Act, 2005 in person or by Registered Ad Post / Ad Speed Post and Under Postal Certificate and endorse a copy to the Chairman / Secretary of your society. It is mandatory for the Deputy Registrar of Co-operative Housing Societies, as a Govt. servant, to provide the required info, after getting it from the CHS, using his powers U/S 77 & 78 of the MCS Act.
These are the direct ways of obtaining information from the society and indirect ways of obtaining information from the society through the Deputy Registrar under RTI Act, 2005.
What action can be taken against non-co-operative Secretary and Office bearers who don’t reply to our letters?
Mr Sunil Deodhar asked:
Question : Please help for following detailed:
Committee circulated minutes of meeting of AGM.
As per Para 109 of bye-laws, I submitted my observations to committee. However, secretary denied to accept my letter & to give acknowledge on it.
Please clarify.
Whether secretary has right to refuse to accept observation letter.
Appreciate your immediate guidance.
Committee circulated minutes of meeting of AGM.
As per Para 109 of bye-laws, I submitted my observations to committee. However, secretary denied to accept my letter & to give acknowledge on it.
Please clarify.
Whether secretary has right to refuse to accept observation letter.
Appreciate your immediate guidance.
Our Answer:
You have following options-
1) Send letter by Speed Post to the Chairman and Secretary.You may also send that letter to yourself so that, when you will receive the letter,on the same day they will receive the letter if u are living in the same society.
2) If the matter is so serious you can make complaint to Dy.Registrar of Coop.societies.
3) You have one more option and that is to go to consumer court.
1) Send letter by Speed Post to the Chairman and Secretary.You may also send that letter to yourself so that, when you will receive the letter,on the same day they will receive the letter if u are living in the same society.
2) If the matter is so serious you can make complaint to Dy.Registrar of Coop.societies.
3) You have one more option and that is to go to consumer court.
In one judgement the consumer forum had fined the Secretary by Rs.7000/- for not accepting the application/not attending to the application of the society member.
The Press clipping is reproduced below:
"Consumer Forum fines him Rs.7,000”
Mumbai : This landmark order will bring cheers to numerous residents who have been struggling to get a proper response for their grievances from office-bearers and committee members of cooperative housing Societies.
The Central Mumbai District Consumer Disputes Redressal Forum has imposed a penalty of Rs.7,000 on the secretary of Chandra Bhuvan Cooperative Housing Society at Bhoiwada for not replying to a letter sent by a resident of the building.
The complainant was a senior citizen, Madhuri Gujar, who had filed an application for the nomination of an associate membership as she was ailing. An associate member has the status of a person with power-of-attorney and has the right to contest elections and even attend annual general meetings of the Society. “But the secretary was not accepting my letter on the grounds that there was a case pending at the cooperative court. I then sent the letter through housing federation’s office,” the complainant said. But even then, Gujar did not get a reply.
Gujar’s counsel argued that the new amendment in the Maharashtra Cooperative Societies Act Clause 73 (1 AB) put the onus on the secretary of the housing Society. Section 73 of the Act states that every member is required to execute an indemnity bond within 15 days of taking charge of the office. According to the bond, the committee members are responsible for all actions taken by the Society. The counsel for the secretary, meanwhile, argued that the complainant could not file a personal case against the secretary.
The consumer forum ruled that as the secretary had not replied to the member’s letter, it was deemed that a deficiency of service and negligence of duty under the Consumer Protection Act 2005, had taken place.
Consumer activists have welcomed this order. This is a landmark order. There are many office-bearers who do not bother to address the grievances of the members of a housing Society. This order will be a deterrent for them, and Section 73 (1AB) of the Act was intro-duced precisely to rein in such errant and arrogant office bearers.
The Press clipping is reproduced below:
"Consumer Forum fines him Rs.7,000”
Mumbai : This landmark order will bring cheers to numerous residents who have been struggling to get a proper response for their grievances from office-bearers and committee members of cooperative housing Societies.
The Central Mumbai District Consumer Disputes Redressal Forum has imposed a penalty of Rs.7,000 on the secretary of Chandra Bhuvan Cooperative Housing Society at Bhoiwada for not replying to a letter sent by a resident of the building.
The complainant was a senior citizen, Madhuri Gujar, who had filed an application for the nomination of an associate membership as she was ailing. An associate member has the status of a person with power-of-attorney and has the right to contest elections and even attend annual general meetings of the Society. “But the secretary was not accepting my letter on the grounds that there was a case pending at the cooperative court. I then sent the letter through housing federation’s office,” the complainant said. But even then, Gujar did not get a reply.
Gujar’s counsel argued that the new amendment in the Maharashtra Cooperative Societies Act Clause 73 (1 AB) put the onus on the secretary of the housing Society. Section 73 of the Act states that every member is required to execute an indemnity bond within 15 days of taking charge of the office. According to the bond, the committee members are responsible for all actions taken by the Society. The counsel for the secretary, meanwhile, argued that the complainant could not file a personal case against the secretary.
The consumer forum ruled that as the secretary had not replied to the member’s letter, it was deemed that a deficiency of service and negligence of duty under the Consumer Protection Act 2005, had taken place.
Consumer activists have welcomed this order. This is a landmark order. There are many office-bearers who do not bother to address the grievances of the members of a housing Society. This order will be a deterrent for them, and Section 73 (1AB) of the Act was intro-duced precisely to rein in such errant and arrogant office bearers.
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