Model Bye–Laws Regarding GENERAL MEETINGS in a Cooperative Housing Society in Maharashtra

GENERAL MEETINGS in a Cooperative Housing Society are covered under Bye Law Nos. 96 to 109, which are given below.

Bye Law No. 96. When a Special General Meeting should be called: 

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 the date, time and place for a Special General Body Meeting requisitioned.

Bye Law No 97. Bye Law No. 98. Fixing the date, time and place for a Special General Meeting Requisitioned. 

The requisition for the special general body meeting of the society under 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, to fix the date, time, and place for the special general body meeting of the society. The committee shall determine the date, time, and location of each General Body Meeting of the Society as well as the business to be transacted thereat; provided, however, that the business to be transacted at the requisitioned Special General Body Meeting shall be limited to that specified 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. 162. On his failure to issue the notice, the Chairman shall issue it.

Bye Law No 99. Period of notice of a general body meeting. 

In the case of the annual general body meeting, 14 clear days’ notice and in the case of a special general body meeting, 5 clear days’ notice of the meeting shall be given to all the members of the society, as provided under Bye-law No. 162, 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 for such an emergency meeting, as well as the reasons for calling the meeting, must be communicated in writing to all members. Also, the decision of such a meeting shall be communicated in writing to all the members, within two days of such a meeting.

Bye Law No 100. The quorum for every general body meeting of the society shall be two-thirds of the total number of members or twenty, whichever is less.

Holding of the adjourned General Body Meeting: 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 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 a requisite quorum or not.

Bye Law No 102. Bye Law No 103: Postponement of the General Body Meeting which cannot complete the Business on the Agenda 

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, but not later than 30 days from the date of the meeting. Chairman of the Society to preside over all General Body Meetings 

The Chairman of the Society shall preside over all General Body Meetings of the Society. In the event that the Chairman is absent or if present and is unwilling to preside, the members present may elect a person from amongst themselves to preside over the meeting. Restrictions on attending a general body meeting by a proxy. 

No proxy or 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. Bye Law No 105. Voting right of a Member 

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.

Bye Law No 106. One Member One vote 

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.

Bye Law No 107. How decisions shall be taken: 

Unless otherwise specifically provided under the Act, the Rules, or 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.

Bye Law No 108. Recording of the minutes of the general body meetings 

The committee shall finalise the draft minutes of every GENERAL MEETINGS in a Cooperative Housing 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 behalf.

Bye Law No 109. Cancellation of the previous resolution of the general body meeting 

No resolution can be brought at a General Body Meeting of the Society, cancelling its previous resolution, unless six clear months have elapsed after the passing of the previous resolution.    

Disclaimer: We have converted the Cooperative Housing Society bye-laws, the Maharashtra Cooperative Societies Act and the Maharashtra Cooperative Societies Rules into this web format as GENERAL MEETINGS in a Cooperative Housing Society, so that the readers can quickly search for the relevant section/bye-law/rule number. We are trying to update it as much as possible. If you find any errors, please contact HERE.