Thursday, 1 August 2019

Housing Society General Meeting guidelines

 First General Meeting  Bye Law-85
 Holding of the first General Meeting within the stipulated period.
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 three months of the date of the registration of the Society, as provided under Rule 59 of the Rules. It shall be the responsibility of the Chief Promoter Society to convene First General Body meeting within the stipulated period.

Calling the first general meeting by the Registering Authority Bye Law-86
On failure of the Chief Promoter of the Society to hold the First General Body meeting within the period mentioned in bye-law no 86, the Registering Authority shall cause it to be convened.

Period of notice for the first general meeting Bye Law-87
Clear fourteen days 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 Authorized by the Registering Authority, to all the promoters, who have signed the application for Registration of the Society.

Functions of the first General Meeting Bye Law-88(a)
At the First General Body Meeting of the Society, the following business shall be transacted 
i. Election of a President for the meeting
ii. Admission of new Members (other than the promoters) who have applied for Membership of the Society.
iii. Receiving and Approving the Statement of Accounts, as prepared by the Chief Promoter of the Society, as on fourteen days prior to the date of the First General Meeting of the Society ( ie: as on the Date of Notice ).
iv. Constitution of a Provisional Committee until regular elections are held under bye-laws of the Society. The Provisional Committee shall have the all powers and functions as that of the Committee elected in accordance with the Act, Rules & Bye-laws.
v. Fixing the limit up to which funds may be borrowed.
vi. Authorizing the Committee to secure conveyance of the right, title and interest in the property in the name of the Society, from the Promoter Builder,
vii. Appoint internal Auditor of the Society for the year, if necessary and fix his remuneration.
viii. Authorize One of the Members of the Provisional Committee to call the first meeting of the Provisional Committee,
ix. Consider affiliation of the Society as Member of the Housing Federation of the District and other institutions mentioned in bye-law no. 6,
x. Consider any other matter to be brought before the meeting with the permission of the Chair, excepting those requiring proper notice

Nomination of a provisional committee by the Registering Authority Bye law-88(b)
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.

Recording of minutes at the first General Meeting Bye Law-89
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 Registration Authority under the bye-law no. 88(b).

Handing over records by the Chief Promoter of the Society Bye Law-90
The Chief Promoter of the Society shall, immediately after election of the Office Bearers of the Society, at the first meeting of the Provisional  Committee or its nomination by the Registering Authority under the bye-law no. 87(b), hand over to the Chairman of the Society or any Member of the Provisional Committee authorized by it on that behalf :-
a) all records of the Society, particularly the copy of the application for registration of the Society, received back from the Registering Authority,
b) the copy of the by-laws of the Society registered by the Registering Authority,
c) the certificate of registration of the Society,
d) the challans for amounts credited into the bank,
e) the counterfoils of the used cheques and the unused cheques, forms
f) the bank pass books,
g) the copies of all the agreements entered into by him with different parties,
h) the statement of accounts as prepared by him,
i) the applications for Membership,
j) the statement of information of the promoters,
k) the vouchers for amounts expended,
l) the cash balance, if any,
m) the site plan/ the scheme of construction (for plot purchase type)
n) the minutes of the first general meeting of the Society,
o) the files of the correspondence with the Registering Authority, the Local Authority,
p) and all such other records, also in digital form and assets of the Society as are in his possession, not withholding anything with him.
q) prepare a documents handover report

Powers of the Provisional Committee Bye Law-91
The Provisional Committee or the Nominated Committee shall have the all powers and functions as the committee duly elected in accordance  with the Act, Rules & Bye-laws of the Society.

Handing over charge by the Provisional Committee Bye Law-93
The Chairman of the Provisional Committee or the Nominated Committee shall handover charge of all the assets and documents & papers of the Society to the' Chairman of the newly elected Committee at the time of its first meeting, leaving nothing with him/them including the record mentioned under bye-law no. 90

Annual General Body Meetings Bye Law-94
a) The Annual General Body Meeting of the Society shall be held on or before 30th September each year as provided under Section 75(1) of the Act. 
(as there is no provision for extension of time to hold AGBM )
b) In case of default in calling the Annual General Body Meeting as stipulated in bye-law 93(a) above, shall attract disqualification and action as provided under section 75(5) of the Act

Functions of the annual general body meeting of the Society Bye Law-95
The Annual General Body Meeting of the Society shall transact the following business :
a) 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,
b) to receive from the committee, the Annual Report of its activities on the preceding co-operative years 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 cooperative year and the Balance Sheet as at the close of the preceding co-operative year.
c) to consider Audit Report, received from the Auditor appointed as provided in section 75(2A) of the Act for the previous co-operative year ,
d) to receive from committee the Audit Rectification Report and Action taken thereon
e) to place Annual Budget for the next Financial Year for consideration.
f) to appoint an Auditor, for the Audit, from the panel approved by State Government.
g) to receive from the Committee the Annual Return as stipulated in section 75(2) & 95 (1b)
h) 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 Act, Rules and the Bye-laws of the Society,
i) to consider any important communications received from the Registering Authority, the Statutory Auditor, Government, Collector, Local Authority or any other Competent Authority.
j) to declare date and conduct of election of its Committee when due,
k) 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 provision of the Act, Rules & Bye-laws

Special General Body Meetings Bye law-96
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 or 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, fixing date, time and place for a Special General Body Meeting requisitioned.

Fixing date, time and place for Special General Meeting requisition Bye Law-97
The requisition for the special general body meeting of the Society, under the bye-law no. 95 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.

 Notice of a General Body Meeting Bye Law-98
 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 as provided in Bye-law no. 161. On his failure to issue the notice, the Chairman shall issue it.

 Period of notice of a general body meeting Bye Law-99
 In case of the Annual General Body Meeting, 14 clear day's Notice and in the case of the special general body meeting, 5 clear day's notice  of the meeting shall be given to all the Members of the Society, as provided under Bye-law No. 161, 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 the 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.

Quorum for the General Body Meeting Bye Law-100
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

Holding of the adjourned General Body Meeting Bye Law-101
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, whether there is requisite quorum or not.

Postponement of General body meeting Bye Law-102
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 convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting.

Chairman of the Society to preside over all General Body Meetings Bye Law-103
The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from among themselves to preside over the meeting.

Restrictions on attending a general body meeting by a proxy Bye Law-104
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 Bye law-105
Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of the Act

One Member One Vote Bye Law-106
At the General Body Meeting of the Society, every Active 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

How decisions shall be taken Bye Law-107
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 Members present and voting at the meeting.

Recording of the minutes of the general body meetings Bye Law-108
The committee shall finalize 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 among all the Members of the Society within 15 days of the meeting of the Committee at which the draft minutes were finalized.  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 authorized in that behalf.

Cancellation of the previous resolution of the general body meeting Bye Law-109
No resolution can be brought at a General Body Meeting of the Society, cancelling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution.

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