When should Agenda items be known to members of Society as per Bye Laws

Agenda of AGM or SGM of co-operative Society: as per Bye Laws 18(d) of co-operative housing society registered under the DCS Act, 2003 or before, The Agenda for AGM / SGM shall be despatched to all members 14/7 days in advance respectively before the date of the meeting, giving date, time and place of meeting.

This means that in case of Annual General Meeting the notice shall be given in such a way that the notice reaches the hands of the member at least 14 days before the date of annual general meeting. If lesser number of days are given as a notice, it shall be assumed or deemed that no notice has been served by the Society on the member for conducting the annual general meeting.

In case of Special General Meeting the Agenda must reach every member at least 7 days before the date of the special general meeting of the society. The number of days when the notice travels from the Society to the residence  or address of the member or till the delivery of the notice are not counted in the notice period. Therefore the societies should ensure that the notice is dispatched sufficiently in advance to all the members of the society

PRESERVATION OF THE PROOF OF SENDING NOTICE:

Every co-operative society is required to keep a proof of sending the annual general meeting notice and also a special general meeting notice in its records.

IMG-20130806-00204

 

As per Bye Laws 18(v) of co-operative housing society registered under the DCS Act, 2003 or before, No matter shall be discussed at any meeting which has not been included in the Agenda of the meeting provided that the Chairman may in case of emergency permit the discussion of such matter, when the majority of members present, so desire.

AGENDA OF SPECIAL GENERAL MEETING: All co-operative societies are to kindly note that the Special General Meeting cannot have “any other item with the permission of Chair” in its Agenda, legally. If the Managing Committee does it, it shall be termed as illegal Agenda and such a item taken up under the garb of any other item shall be considered as if passed without proper notice to the members and may be declared null & void by the Registrar of co-operative societies & any other court.

 

IN CASE YOU REQUIRE FURTHER ASSISTANCE LEAVE A REPLY BELOW

About the author

26 Comments

  • nisha says:

    can a free and fairly elected managing committee be dissolved by raking a one and year old police complaint against the Chairman and secretary and ad hoc committee also formed taking some members from the dissolved committee.

    View Comment
  • Darryl Jeddo says:

    HOW TO BRING UP POINTS WHICH ARE NOT IN THE AGENDA OF AN AGM OF A SOCIETY?

    View Comment
  • Dr Tara Pathak says:

    If notice of AGM is not received within 14 days, is it correct that the AGM if held, will be considered null and void ???

    View Comment
  • Shaikh says:

    If AGM has suspended due to any circumstances, can any housing society be conduct second AGM in the same.

    View Comment
  • Wilson says:

    If a SGM is called, in a society of 36 members, how many members would be required to pass the resoultuion,in our society only 5 members attended the SGM and passed the resolution, is this resoultion valid.

    View Comment
  • P K JAIN says:

    Should the minutes of AGM e read and approve in the GBM to be held after the AGM or minutes of AGM are only required to be read and approve in next AGM only ? If yes and if this is not included in the notice of the GBM, can the notice be treated as null and void ?

    View Comment
  • P K JAIN says:

    Notice issued for a GBM of CGHS has only following two agenda:

    1.to discuss the programming & activities of MC OF THE SOCIETY FOR THE ENSUING YEAR 2016-17
    2.to revise the maintenance charges.

    Is this a proper notice ?. Should the notice must not have exact agenda/resolution to be passed ?

    View Comment
  • Dear Sir,

    Please let me have a format for Special AGM for our Co-Op. Hsg. Soc. Ltd.

    View Comment
  • MANOJ BIDNURKAR says:

    Dear Sir,

    I would like to know if a special AGM can have two items? We had two items in the Meeting Agenda for SAGM 1)conveyance Deed and 2) addition of new member. The agenda was send 15 days prior to all members. In this case adding new member legal or illegal?

    View Comment
  • Manik says:

    Is it cumpolsory to video record the proceeding of the sgm in case of financial matters?

    View Comment
  • Girish Arora says:

    Sir,

    I want to know that How may items can be taken in Special General Body meeting of Cooperative Group Housing Society and the act supporting that.

    Regards,
    Girish

    View Comment
  • R D Uppal says:

    Sir,

    Late fee on monthly maint. charges if not by due date was earlier Rs.100/- per month which has now been increased to Rs.150/- by MC w.e.f 1.4.17.
    Is this MC’s power or GBM ?

    View Comment
  • M Y Khan says:

    is it compulsory to video record the AGM OR SGM under which rule ? or can a member demand for video recording of the AGM OR SGM?

    View Comment
  • GAURAV SHARMA says:

    Sir, within how much time the SGBM is to be called when directed by RCS office and what is the minimum notice period required and does notice period included in total days within which meeting is required to be called ??

    View Comment
  • KARAN RAWAT says:

    Can MC make any excuses or give reasons not to hold SGBM despite directions from the RCS office ? What action is taken if it fails to call SGBM ?

    View Comment
  • S K GOEL says:

    I AM A MEMBER OF A CGHS IN DELHI. RCS HAS ISSUED DIRECTIONS TO THE MC TO HOLD SGBM vide its letter dt. 30.05.2017 which was recd by the Society office on 07.06.2017. WITHIN HOW MUCH TIME THE SGBM IS TO BE CALLED AND IS NOTICE PERIOD INCLUDED IN THIS PERIOD ?

    View Comment
  • rasesh shah says:

    our chs has called for a sgm on 25 nov to pass an enabling resolution to spend upto 5 cr on the upkeep of the building , we don’t want to give them that much power , how to control that ? resolution has to be passed by majority or 75 pct or by what majority ?

    View Comment
  • rasesh shah says:

    with respect to your comment re written consent of all is required to spend an amount of 5 cr ,do same laws apply for CGHS of Maharashtra as in delhi ?

    rgds

    View Comment
  • r shah says:

    are rules of cghs delhi and mharashtra same ?

    View Comment
  • Dr S K Goel says:

    Can a challenged decision of GBM of 2016 be rectified by SGBM in 2017 if aibitration case for 2016 decision is pending ?

    View Comment
  • PRAMOD JUNEJA says:

    I have gone thru your reply to the query of Dr. S K Goel. We have similar situation in our Society in Delhi.

    So please also advise can SGBM be called on the issue for which dispute has been admitted and referred to Arbitration & Arbitrator has already issued notice & 2 hearings already held ?

    View Comment
  • Advocateji says:

    Dear Pramod Juneja, SGBM can be called by for taking approval of the the general meeting and the same decision can be filed with Arbitrator. In case of any assistance you may contact any or our legal expert.

    View Comment
  • Manish Jain says:

    Pl advise what to do if MC violates the terms of mutual consent settlement of an Arbitration case and put proposal in agenda contrary to the settlement ??….can action be taken by RCS if the matter is reported to him ?

    View Comment
  • Manish Jain says:

    Sir, probably my above query has missed your attention..pls advise..Regards…Manish jain

    View Comment
  • Manish Jain says:

    Sir, i could nt find your advise regarding ….what to do if MC violates the terms of mutual consent of an Arbitration case and put proposal in agenda contrary to the settlement ??…can action be taken by RCS if the matter is reported to him ??

    View Comment
  • Advocateji says:

    Dear Manish Jain, RCS generally do not take such actions due to jurisdiction. After the decision of Arbitrator, the aggrieved party should approach civil court u/sec 34 of A & C act, 1996 in appeal. Alternatively, winning party should file for execution of AWARD in the civil court or file Contempt of Court in the Civil court. Forget about RCS taking such actions ever. You may get in touch with any or our legal expert.

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *