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FREQUENTLY ASKED QUESTIONS
If the agenda items could not be completed,can the meeting be adjourned to any other suitable date?

What should the notice for the rescheduled general body Meeting notify?
If the agenda items could not be completed, the meeting can be adjourned to any other suitable date not later than 30 days from the date of the meeting, as may be decided by the members present in the meeting.
If the new date is not decided by the members present,then the new date should be decided by the committee & a Separate notice to be given without any agenda.

Specimen of the new notice.

To

All members,

Since all the items on the Agenda of the AGM held on ..........could not be conducted on the same day, the meeting was postponed.

Accordingly, to conduct and conclude the remaining items on the Agenda, the postponed meeting will now be held on ______ at _______ at ____________.

The meeting will start exactly at the time notified above, irrespective of the number of members present. All the members are requested to be present in time.
For ...

Secretary .,

date
How to elect new managing committee OR how to co-opt new committee member?
The state had amended the Maharashtra Co-operative Societies Act, 1960 for the election of Managing Committee of Housing Society. Though the state government has postponed the elections to co-operative societies till the end of 2014, there is no clarity on rules for elections to housing societies. The rules for election to housing societies have to be framed by the State co-operative Election Authority. The election authority will supervise, control and conduct polls to all registered co-operative societies. However, it has not appointed the election authority that is the state co-operative election commissioner so far.

If the Committee is very keen though it may not fit 100% of the required framework, the committee may follow below procedure:

a. In the event of vacancies in the Committee, caused on account of the death, resignation, disqualification or removal of any members of the Committee, by the Registrar, the Committee may fill in such vacancies by co-option on the Committee of any other members eligible to be on the Committee. However, such vacancies by co-option shall not be more than two.

b. The Committee may write to the Deputy Registrar that the tenure of the managing committee ended and seek his guidance to conduct fresh election.

c. In case of resignation of managing committee or the entire committee has been resolved, the committee may write to the Deputy Registrar for their guidance to conduct fresh election. This has got an inherent danger of the Deputy Registrar desolving the committee and appointing an administrator and hence not suitable.
OUR BALANCE SHEET FOR THE YEAR 2012-13 IS ALREADY FINALISED AND ALSO AUDITED.

MANAGING COMMITTEE HAS CALLED AGM ON 26/05/2013 WITH GIVING 14 DAYS CLEAR NOTICE.

ONE SOCIETY MEMBER HAD RANG UP TO RESCHEDULE IT. THIS SOCIETY MEMBER CAN BRING SOME SIGNATURE OF MEMBERS.

WE WANT YOUR GUIDE LINE WHAT IS THE PROVISIONS IN THE BYE LAWS ?

YOUR GUIDE LINE IS EARNESTLY REQUIRED.
Bye_Law No 99:

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 accordingly as provided in Bye_Law no 163. On his failure to issue thenotice, the Chairman shall issue it.



It is very clear, that the date, time and venue of the AGM can only be decided by the M C and members do not have a say in it.



Mohanraj
What are the steps involved in the recovery of dues under sec-101?
Ans:

1. Society to issue a Notice to the defaulter and giving him an opportunity to make payment within stipulated time and with a warning therein that on failure of the same, an application would be made to the Registrar under Sec-101 of the MCS Act for the recovery.

2. MC has to pass a resolution for taking such an action.

3. Secretary / Chairman has to make an application to the Registrar of the Co-operative Societies along with necessary documents.

4. Registrar would give hearing to the member and accordingly a certificate will be issued by him to the society.

5. On receipt of the certificate under Sec-101 from Registrar along with other documents, the recovery officer has to prepare demand notice to be sent to sale officer detraining movable property of defaulted member concerned.

6. Sale office on receipt of the recovery papers from the recovery officer has to visit the premises of the member for preparing inventory of the movable property and hand over this list to the member and serve the demand notice on him.

7. If even after serving the demand notice, the amount is not paid by the member, the sale office seizes the movable property of the member as per the inventory and hand over the same to Secretary / Chairman of the society for safe custody.

8. After Sale officer will fix the date, place for such an auction of the movable property seized and auction out the same and pay sale proceeds thereof to the society in satisfaction of the outstanding dues payable by the defaulter member.

9. If the proceeds of the sale of movable property are found to be insufficient to cover the outstanding dues in full, sale officer will proceed by arranging auction of the premises to recover the balance of the dues payable by the member.
What is the basis of the number of Managing Committee members?
Ans: Committee consists of 5 /7 / 9 / 11 members. This includes reservation of seat for women members as per the provision under section 73. Pl see the following table:



No. of members strength

General

Women Total Quorum in MC

Up to 50 4 1 5 3

51 to 100 6 1 7 4

101 to 300 8 1 9 5

301 & above 9 2 11 6
What is the time gap of the Special General Body Meeting Notice is issued?
Ans: It should be clear 5-days notice
What if the Extension of AGM to be sought?
Ans: As per the Bye-laws, in normal circumstances, AGM has to be conducted on or before 14th August every year. However, if it can not be conducted before the stipulated time frame, it has to be extended with the prior intimation & permission from the Dy. Registrar by giving a valid reason of extension. Accordingly, a resolution has to be passed in the MC meeting with the reason thereof. The extension granted by the Registrar as per the Bye-laws is on or before 14th November every year. Below is the draft of the letter to be issued to the Dy. Registrar for the extension of AGM:

Dy. Registrar,

Co-op Socieites. ----Ward

------------------------

------------------------



Dear sir,



Re: Extension for holding the AGM



Since office bearers (Chairman & Secretary) have expressed that they will be out of Mumbai up to the end of August 20-- and have requested for holding the AGM after August 20-- Managing Committee has considered their request and has decided to request you to grant extension of time for holding the AGM up to 14.11.20--.



The copy of the MC resolution is enclosed herewith. We request you to kindly grant extension of time up to 14.11.20-- for holding of the AGM. Thanking you,



Yours faithfully,

For ABC Co-operative Housing Society Ltd





Secretary

Mumbai dated ________________



Encl: Copy of the M C Resolution.
Period within which Annual General Body meeting to be held & its functions
Ans: Annual General Body meeting is to be conducted before 14th August every year. If it cannot be held within this time frame, the extension to be sought through Dy. Registrar. However, it should be conducted before 14th November.
What is the time gap of the Annual General Meeting Notice is issued?
Ans: It should be clear 14 days notice.
What is the time gap of the MC Meeting Notice is issued?
Ans: It should be clear 3 days notice
 
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