Chapter XII: General Body Meeting

Bye-law 84. General Body is a Supreme Authority

(a)The General Body shall be the supreme authority of the Society and its decisions shall be binding on the Committee and all Members, subject to the provisions of the Act, Rules and these Bye-laws.

(b)The General Body shall exercise all powers and perform all functions as conferred under the Act, Rules, Bye-laws and directions issued by the competent authority from time to time.

Bye-law 85. First General Body Meeting

(a)The First General Body Meeting of the promoters who have signed the application for registration of the Society shall be held within a period of three months from the date of registration of the Society, as provided under the Rules. First General Body Meeting

(b)It shall be the responsibility of the Chief Promoter to convene the First General Body Meeting within the stipulated period.

Bye-law 86. Failure to Convene First General Body Meeting

If the Chief Promoter fails to convene the First General Body Meeting within the prescribed period, the Registering Authority shall cause such meeting to be convened through an authorised officer.

Bye-law 87. Notice of First General Body Meeting

(a)A clear fourteen days’ notice of the First General Body Meeting shall be given to all promoters who have signed the application for registration of the Society.

Notice of First General Body Meeting

(b)Such notice shall be issued by the Chief Promoter or, as the case may be, by the Officer authorised by the Registering Authority.

Bye-law 88. Business of the First General Body Meeting

(a)The following business shall be transacted at the First General Body Meeting:—

i.Election of a Chairperson for the meeting;

ii.Admission of new Members, other than the promoters, who have applied for membership;

iii.Consideration and approval of the Statement of Accounts prepared by the Chief Promoter as on a date not earlier than fourteen days prior to the meeting;

iv.Constitution of a Provisional Committee until regular elections are held;

v.Fixing the limit up to which funds may be borrowed;

vi.Authorising the Committee to take steps for conveyance of right, title and interest in the property in the name of the Society;

vii.Appointment of Internal Auditor, if required, and fixation of remuneration;

viii.Authorising a Member of the Provisional Committee to convene the first meeting of the Committee;

ix.Consideration of affiliation of the Society to the District Housing Federation or other institutions;

x.Any other matter with the permission of the Chair, not requiring special notice.

Bye-law 89. Constitution of Provisional Committee

(a)The Provisional Committee shall be constituted at the First General Body Meeting.

Constitution of Provisional Committee

(b)The Provisional Committee shall exercise all powers and perform all functions of a duly elected Committee under the Act, Rules and Bye-laws.

Bye-law 90. Recording of Minutes of First General Body Meeting

The person presiding over the First General Body Meeting shall:

(a)Record the minutes of the meeting;

(b)Sign the minutes;

(c)Hand over the same to the Secretary elected at the first meeting of the Provisional Committee or nominated by the Registering Authority.

Bye-law 91. Handover of Records by Chief Promoter

(a)The Chief Promoter shall, immediately after election or nomination of the Provisional Committee, hand over all records and assets of the Society to the Chairman or authorised Member of the Committee.

(b)The records shall include, but not be limited to:

i.Application for registration and related documents;

ii.Registered Bye-laws of the Society;

iii.Certificate of Registration;

iv.Bank documents, passbooks, cheque books and financial records;

v.Agreements executed with various parties;

vi.Statement of Accounts;

vii.Membership applications and records;

viii.Vouchers and financial documents;

ix.Cash balance, if any;

x.Plans and construction-related documents, if applicable;

xi.Minutes of the First General Body Meeting;

xii.Correspondence files;

xiii.All other records and assets of the Society in physical or digital form.

(c)The Chief Promoter shall prepare and submit a handover report, and shall not retain any records or assets of the Society.

Bye-law 92. Powers of Provisional Committee

The Provisional Committee or nominated Committee shall have all powers and functions of a Committee duly elected under the Act, Rules and Bye-laws.

Bye-law 93. Term of Provisional Committee

The Provisional Committee or nominated Committee shall hold office for a period of one year or until the regular Committee is elected, whichever is earlier.

Bye-law 94. Handover by Provisional Committee

The Chairman of the Provisional Committee or nominated Committee shall hand over charge of all records, assets and documents of the Society to the Chairman of the newly elected Committee at its first meeting, leaving nothing with him.

Bye-law 95. Annual General Body Meeting (AGM)

(a)The Society shall hold its Annual General Body Meeting within six months from the close of the financial year, i.e., on or before 30th September of every year, as mandated under Section 75 of the Act.

(b)It shall be the statutory responsibility of the Committee to ensure that the Annual General Body Meeting is convened within the prescribed period.

(c)At every Annual General Body Meeting, the Committee shall place before the Society for the approval:

(i)The Minutes of the previous Annual General Body / Special General Body (if any).

(ii)Annual Report of the Society;

(iii)Audited Financial Statements;

(iv)Audit Report of the preceding financial year;

The appointment of an Auditor or Auditing Firm from the panel of the Auditor maintained by the Registrar.

(v)Rectification Report on earlier audit;

(vi)Budget for the ensuing financial year;

(vii)Plan for disposal of surplus;

(viii)Details of loans, if any, given to Members or specified persons;

(ix)Amendments of Bye-laws, if any;

(x)The initiation of Election Process of the Committee if due in the ensuing Financial Year;

(xi)Any other business with the permission of the Chair.

(d)Where the Society fails to call the Annual General Body Meeting within the period specified in clause (a):

(i)the Registrar or any officer authorised by him shall have the power to call such meeting;

(ii)such meeting shall be deemed to be a validly convened Annual General Body Meeting of the Society;

(iii)the expenditure incurred for convening such meeting shall be recoverable from the funds of the Society or from the persons responsible for such failure, as determined by the Registrar;

(iv)the Registrar may, after giving opportunity of being heard, declare the officer or Member of the Committee responsible for such default as disqualified for being elected or for being a Member of the Committee for a period not exceeding five years;

Bye-law 96. Special General Body Meeting (SGM)

(a)A Special General Body Meeting may be called at any time:

(i)by the Chairman;

(ii)by a majority of the Committee;

(iii)upon requisition in writing by 1/5th Members as provided under Section 76 of the Act;

(iv)at the instance of the Registrar.

(v)at the instance of the federal society of which the society is a member

(b)It shall be the responsibility of the Committee to convene such meeting within one month in case of requisition from the members as per Section 76 of the Act.

(c)Where the Committee fails to convene the Special General Body Meeting within such period:

(i)the Registrar or any person authorised by him shall have the power to convene such meeting;

(ii)such meeting shall be deemed to be duly convened by the Committee;

(iii)the Registrar may direct that the expenditure incurred for such meeting shall be paid from the funds of the Society or recovered from the persons responsible for failure to convene the meeting;

(iv)the Registrar may, after giving an opportunity of being heard, declare such officer or Member of the Committee disqualified for a period not exceeding five years and may impose penalty as provided under the Act.

Bye-law 97. Notice of General Body Meeting

(a)Every General Body Meeting shall be convened by giving clear notice in accordance with the provisions of the Act, Rules and these Bye-laws.

iFor the Annual General Body meetings Clear 14 days notice is mandatory i.e the day of the notice and the day of the meeting shall be excluded.

iiFor the Special General Body meetings Clear 5 days notice is mandatory i.e the day of the notice and the day of the meeting shall be excluded.

iiiFor the Special General Body meeting in case of any Emergency, the meeting may be called even at a shorter notice. The agenda of such emergency meeting and the reason of such emergency shall be communicated in writing to all the members. Also the decision of such meeting shall be communicated in writing to all the members with 2 days of such meeting.

(b)The notice shall mandatorily specify:

(i)date, time and place of the meeting;

(ii)detailed agenda of the meeting;

(iii)mode of participation, where applicable. If the meeting is conducted through Online mode then the link of the said meeting shall be shared in the Notice;

(c)No business shall be transacted at any General Body Meeting unless it is included in the agenda, except with the permission of the Chair and with the consent of the Members present.

Bye-law 98. Presiding Officer of Meeting

(a)The Chairman shall preside over the General Body Meeting. Presiding Officer of Meeting

(b)In the absence of the Chairman, the Members present shall elect one among themselves to preside over the meeting.

Bye-law 99. Quorum

(a)No General Body Meeting shall be held or proceeded with unless the quorum of 20 members or 2/3rd whichever is less is present.

(b)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 member of the society.

(c)If within half an hour from the time appointed for the meeting the quorum is not present:

(i)in case of a meeting convened upon requisition of Members, the meeting shall stand dissolved;

(ii)in any other case, the meeting shall stand adjourned to a later time on the same day or to a subsequent date not earlier than seven days and not later than thirty days, as specified in the notice. At such adjourned meeting, the business on the agenda of the original meeting shall be transacted, whether quorum is present or not.

Bye-law 100. Conduct of Business

(a)The Secretary or the officer convening the meeting shall read the notice of the meeting and the agenda before commencement of the business.

(b)The business shall be transacted in the order in which it appears in the agenda, unless the Members present, with the permission of the Chair, agree to change the order.

(c)Except where otherwise provided under the Act, Rules, all resolutions shall be passed by a majority of the Members present.

(d)In case of equality of votes, the Chairman of the meeting shall have a casting vote.

Bye-law 101. Voting

(a)shall ordinarily be by show of hands.

(b)Where Members are divided on any resolution, any Member may demand a poll, and upon such demand, the Chairman of the meeting shall put the resolution to vote.

(c)may be conducted by ballot where so directed by the Chairman of the meeting or required under the Act or Rules .

(d)The result of voting shall be declared by the Chairman of the meeting and shall be final and binding, and shall be recorded in the minutes.

Bye-law 102. Postponement and Adjournment

(a)If all the business on the agenda cannot be transacted on the date of the meeting, the meeting may be postponed to a suitable date not later than thirty days.

(b)The remaining business shall be transacted at such postponed meeting.

Bye-law 103. Restriction on Certain Resolutions

No resolution regarding:

(i)expulsion of a Member;

(ii)removal of a Member of the Committee;

(iii)amendment of Bye-laws;

shall be brought before any General Body Meeting unless due notice thereof has been given strictly in accordance with the provisions of the Act, Rules .