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.
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.
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