Query of Dinesh

Request your guidance on the undermentioned;

1. We are a cooperative hsg society in Pune. We wish to conduct AGM & MC selection as per new bye law.
2. Kindly guide us on the steps be taken for the point 1 above.

I C Naik

Elections to the management committee are held under Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 and not under bye-laws any more. You can find text of these Rules on

https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf

AGM is governed by Section 75 of the MCS Act 1960 as Reproduced below

Section 75 – Annual general meeting[1]

(1) Every society shall, within a period of four months after the close of the financial year, get its books of accounts audited and within six months after the close of financial year to transact its business as may be provided in this Act, call the annual general body meeting of its members

“Provided that, where such meeting is not called by the society, the Registrar or any officer authorised by him may call such meeting in the manner prescribed and that meeting shall be deemed to be a general body meeting duly called by the society,”;and the Registrar may order that the expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by such person or persons who in the opinion of the Registrar, were responsible for the refusal or failure to convene the general meeting].

(2) At every annual general body meeting of a society, the committee shall lay before the society,—

1. a statement showing the details of the loans, if any, given to any of the members of the committee or any member of the family of any committee member, including a society or firm or company of which such member or members of his family is a member, partner or director, as the case may be; the details of repayment of loan made during the preceding year and the amount outstanding and overdue at the end of that year;
2. annual report of its activities;

iii. plan for disposal of surplus[2];

(iv) list of amendments of the by-laws of the society, if any;

1. declaration regarding date and conduct of its election of its committee, when due;
2. audit report of the preceding financial year;
3. rectification report of earlier audit;

vii. annual budget for next year;

viii. any other information required by the Registrar in pursuance of any of the provisions of the Act and rules; and

1. such other business will be transacted as may be laid down in the by-laws and of which due notice has been given.
2. Explanation I.— For the purposes of this sub-section, the expression “family” means a wife, husband, father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law ;

ExplanationII.— In the case of a society not carrying on business for profit, an audited income and expenditure account shall be placed before the society at the annual general body meeting instead of audited profit and loss account, and all references to audited profit and loss account, and to “profit” or “loss” in this Act, shall be construed in relation to such society as references respectively to the “excess of income over expenditure”, and “excess of expenditure over income.”;

“(2A) Every society shall, appoint an auditor or auditing firm from a panel approved by the State Government in this behalf in its annual general body meeting having such minimum qualifications and experience as laid down in section 81, for the current financial year and shall also file in the form of return to the Registrar, the name of the auditor appointed and his written consent for auditing the accounts of the society within a period of thirty days from the date of the annual general body meeting :

Provided that, the same auditor shall not be appointed for more than three consecutive years by the annual general body meeting of the same society. “;

(3) There shall be attached to every balance sheet laid before the society in general meeting, a report by its committee with respect to (a) the state of the society’s affairs; (b) the amounts, if any, which it proposes to carry to any reserve either in such balance sheet, or any specific balance sheet; and (c) the amounts, if any, which it recommends, should be paid by way of dividend, bonus or honoraria to honorary workers. The committee’s report shall also deal with any charges, which have occurred during the year for which the accounts are made up, in the nature of the society’s business the committee’s report shall be signed by its Chairman, or any other member authorised to sign on behalf of the committee.

“(4) At every annual general body meeting the audited balance sheet, the audited profit and loss account, audit report of the preceding financial year submitted by the auditor appointed under section 81, rectification report of earlier audit and the committee’s report shall be placed for adoption and such other business will be transacted as may be laid down in the by-laws, and of which due notice has been given.”;

(5) If default is made, in calling a “general body meeting within the period” ‘prescribed under sub-section (1)’ or in complying with sub-section (2), (2A) (3) or (4) the Registrar may by order declare any officer or member of the committee whose duty it was to call such a meeting or comply with with sub-section (2), (2A) (3) or (4) and who without any reasonable excuse failed to comply with any of the aforesaid sub-sections disqualified for being elected and for being any officer or member of the committee for such period not exceeding five years, as he may specify in such an order and, if the officer is a servant of the society, impose a penalty on him to 7 [pay] an amount not exceeding fivethous and rupees. Before making an order under this sub-section, the Registrarshall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him.

(6) Any penalty imposed under sub-section (5) or under section76, may be recovered in the manner provided by the Code of Criminal Procedure,1973, for therecovery of fines imposed by a Magistrate, as ifsuch fine was imposed by the Magistrate himself

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[1]2nd Proviso to Section 157 prohibits the State Government to exempt any Society from operation of this section.

[2] Article 243ZP of the Constitution of India mandates submission of a Plan for disposal of Surplus as approved by the general body of the co-operative society;