We need yr guidance on following issues for Calling SGM
Our committees has decided to call SGM meeting IN Feb,16 ( for Increase in Maitenance chs to avoid cash loss since last 1 year )
Ans the same was discussed in AGM which was held in the past 2 year. ( That time it was decided that let the soc get Repaired and coloured and
Then we will think of Increasing the Maint )
In Feb.16 SGM was called but due to No quorum the same was adjoured for Half an hour, but even after that the QUORUM was not there and hence
Members decided to call the SGM next time.
Accordingly again we circulated Notice to all the members that SGM which could be held due to NO QUORAM- SUFFICENT , the same will be called
On 10th April,16 But one of the Members is of the below opinion and based on that again we hv postponed the same till APRI.16 END
- As our FY.15-16 got over, CMNTE can not call SGM, unless AGM is called.
- I am of the opinion that even if the FY.15-16 is over but yet we are in power for next one year IE FY 16-17 and
SGM was called by us before the end of FY.15-16
- Request to guide us , CAN WE CONDUCT SGM in MAY.16
I C Naik
As a Chairman you have powers akin to that of the whole Committee in case of emergency, subject to the Committee ratifying your decision in immediate next meeting. Bye-Law No 138/140/ “The Chairman of the society shall have power of overall superintendence, control, control and guidance in respect of management of the affairs of the society, within the frame-work of the Act, the Rules and the bye-laws of the society. In case of any emergency, the Chairman of the society shall be competent to exercise any of the powers, of the Committee. Any decision, so taken by the Chairman of the society shall, however, be got ratified in the next meeting of the Committee.
As you can see a sound understanding of the registered bye-laws of your CHS will help you play the role as Chairman as envisaged in above Bye-Law..
You have an authority to convene a Special general body meeting at any time for which no ratification of the Committee is required as this power is provided in a separate bye law. You need to ensure compliance of this Bye-Law No 97. 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 of 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 meetingso convened shall not transact any business other than that mentioned in the notice of the meeting.
There is no link between AGM and SGBM except that AGM has specified deadline and agenda. Special general body meeting is a need based meeting.
If you go through following chapter in your registered bye-laws you will be shocked to find the true nature of responsibility of your Managing Committee as far as fixing rate of maintenance charges is concerned and members will be disbelieve that they have no say in the matter and you need not get the same approved in the general body meeting.
VIII. LEVY OF CHARGES OF THE SOCIETY.
In fact if the Committee fails to determine rate accurately they are exposed to liability to the society as provided under registered bye-laws No 138
The members of the Committee shall be jointly and severally liable for making good any loss, which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under ,the MCS Act 1961 and MCS Rules 1961and the bye-laws of the society.
I suggest you call a meeting of the Committee after sending to every member a copy of this mail and also Xerox of the text of all bye Laws from registered bye-laws of your CHS at least week in advance.Only Agenda should be to discuss and decide responsibility of the Committee about maintenance charges.
