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.
Reference : Bye-Law 98 in Model Bye-laws.
Annual General Meeting (AGM) is a meeting in which the management committee and the other members of the society discuss on certain issues and facts which are mentioned in the agenda of the AGM. 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 to hold AGBM)
Reference : Bye-Law 96 in Model Bye-laws.
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 Rules. It shall be the responsibility of the chief Promoter of the Society to convene the said meeting within the stipulated period.
Reference : Bye-Law 87 in Model Bye-laws.
Bye-laws are laws for the society.
There are the following meetings to be conducted by a society:
· Management Committee Meeting
· Special General Meeting
· Annual General Meeting
Yes, a member can be expelled on the following grounds:
· has persistently failed to pay the charges due to
· has willfully deceived the society by giving false
· has used his flat for immoral purposes or
misused it for illegal purposes habitually
· has been in the habit of committing breaches of any of the provisions of the byelaws of the society, which, in the opinion of the Committee, are of serious nature.
· Has furnished false information or omitted to furnish the material information to the Registering Authority at the time of registration of the Society.
· Is classified as a Non-Active member who does not attend at least one meeting of the general body in next five years from the date of classification as Non-Active member with the intimation to such member and Registrar
Reference: Bye-Law 51 in Model Bye-laws.
Yes, a member can resign from his membership of the cooperative residential society after giving 3 months of notice.
Reference : Bye-Law 27 in Model Bye-laws.
Test Answer 1
"Associate Member" means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate.
Reference : Number (xxiv) (b) in Interpretation section of Model Bye-laws.
Active member is the person :
A member of the society may, by writing under his
hand, in the prescribed form, nominate a person or
persons to whom the whole or part of the shares and/or
interest of the member in the capital/property of the
society shall be transferred in the event of his death.
Reference : Bye-Law 32 in Model Bye-laws.
This is the My Society Application link.
<a href="mysociety.org.in">MY Society</a>
Member is a person who had joined in the application for registration of their cooperative residential society which was subsequently registered or a person who was later admitted to the membership of the society after registration.
Reference: Number (xxiv) in Interpretation section of Model Bye-laws
· by entrance fees,
· by issue of shares,
· by loans and subsidies
· by deposits,
· by voluntary donations, (but not from Transferor and
· by contributions towards cost of building or buildings
· by fee on transfer of shares, along with the occupancy
· by premium on transfer of occupancy right over the flats,
· by and for Election Fund.
· by any other mode permitted under these bye-laws,
Reference : Bye-Law 7 in Model Bye-laws.
The Repairs and Maintenance Fund may be
utilized by the Committee for meeting the expenditure on maintenance of the
society’s property and repairs and renewals thereof.
Reference : Bye-Law 14 (b) in Model Bye-laws.
The role of the secretary is to carry out the below functions and he/she has some powers and duties as below:
1. To issue share certificate / duplicate share certificate to members within the stipulated period and the prescribed manner.(Based on Bye-law 9 and 10)
2. To deal with resignations from members, including associate and nominal members. (Based on Bye-law 27 to 30)
3. To enter nominations and revocations thereof in the Nomination Register. (Based on Bye-law 33)
4. To inspect the property of the society. (Based on Bye-law 48(a) )
5. To issue notices regarding repairs to be carried out in flats. (Based on Bye-law 48(b) (c) ).
6. To deal with cases of expulsion of members. (Based on Bye-law 51 to 66)
7. To deal with cases of cessation of membership, including associate and nominal membership. (Based on Bye-law 61 )
8. To deal with the applications for various purposes received by the society. (Based on Bye-law 65)
9. To prepare and issue demand notices/bills for payment of the society's charges. (Based on Bye-law 70)
10. To bring cases of defaults in payment of the society's charges to the notice of the Committee. (Based on Bye-law 71)
11. To issue letter of allotment of flats. (Based on Bye-law 76(a))
12. To issue notices and agenda of all meetings of the general body. (Based on Bye-law 99)
13. To record the minutes of all the meetings of the general body. (Based on Bye-law 109)
14. To call the first meeting of the newly constituted Committee. (Based on Bye-law 123(b))
15. To issue notices of all the meetings of the Committee. (Based on Bye-law 133)
16. To attend meetings of the Committee and to record minutes thereof. (Based on Bye-law 137)
17. To maintain account books, register and other records, unless otherwise decided by the Committee. (Based on Bye-law 144)
18. To finalise account of the society in the required manner. (Based on Bye-law 147(a))
19. To produce records of the society before different authorities concerned with the working of the society with the consent of the Chairman. (Based on Bye-law 153)
20. To prepare the audit rectification reports in respect of audit memos received from the Statutory and Internal Auditors. (Based on Bye-law 154)
21. To bring breaches of the bye-laws by the members to their notices under instructions from the committee. (Based on Bye-law 166)
22. To discharge such other functions under the MCS Act, 1960 the MCS Rules1961 and the Bye-laws of the society and directions of the Committee and the general body meetings, as are not expressly mentioned hereinabove.
23. To place the complaint application with facts, before the Committee, in the coming meeting. (Based on Bye-law 174)
Reference: Bye-Law 142 in Model Bye-laws.
Committee of management or board of directors or the governing body or other
directing body of a cooperative Housing society, by whatever name called,
to which the management of the affairs of a society is entrusted
and vested under section 73 of the Act.
Reference: Number (iv) in Interpretation section of Model Bye-laws.
Yes, Member can have access to the bye-laws. They will have to pay copying fees by the rate of Rs 5 per page.
Reference: Bye-law No.172 in Model Bye-Laws
Yes, Cooperative Bye-laws can be passed but they cannot be contrary to the Constitution of the country and go against the Maharashtra Co-operative Societies Rules, 1961.
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