Annual general body meeting of co-operative society

Co-operative Society must call AGM in such a way that it is conducted on or before 27th October as per present Delhi Co-operative Society Act.

Annual general body meeting of co-operative society: Every co-operative Society must call Annual General Meeting (AGM) of the Society latest by 27th October each year. It is essential that the Society closes its books of accounts as on 31st March each year without fail. The errors in accounts  or else must be corrected by 30th April each year. All the Co-operative societies are bound to call the AGM within 180 days from the date when their accounts are corrected with balances of the Financial Year (i.e. 30.04.)

 

What if AGM or Annual General Body Meeting not called within 180 days

If the annual general meeting of the Co-operative society is not called within 30th September, the members have the right to approach the RCS i.e. Registrar of Co-operative Societies. The RCS shall order the Society to hold AGM or the Registrar shall himself or any other person authorised by him may call such a meeting and the expenses will be borne by the delinquent members of the managing committee, who were actually responsible to call the general meeting of the members.

 

Annual Return must be filed with RCS within 30 days from AGM

Every co-operative society must file annual return with the RCS within 30 days from the date of holding of AGM or Annual General Meeting by the co-operative society.

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PRACTICAL FACTS: The RCS normally do not care if a complaint is made by a member. If you pursue with the RCS, then only the RCS takes the action.

Some times even the RCS do not take care to advise the Society to call AGM of co-operative housing society. On the other hand the management do not call and does the work illegally in the society. Then the members become helpless. In such a situation any member or group of members are advised to take our free advise to protect their rights.

We did this and found that the management had to hold AGM of co-operative society immediately to save themselves from the penalty on the members of the managing committee.

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19 Comments

  • KRISHAN says:

    our MC is regularly taking up some or the other maintenance work or purchase capital Item without budget provision and prior approval from GBM. what is the solution and how to control the man marji of MC

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  • P K JAIN says:

    What happens if the accounts are not approved in GBM ? Does it means the present MC has to go for early elections ?

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  • P K JAIN says:

    The notice for GBM for approval of annual accounts does not have complete audited accounts (it has only balance sheet/income & expenditure account) and Society is not providing the full set of audited accounts with annexure to the Balance Sheet and also not providing Receipt & Payment account despite written request and reminders thereafter. Can a letter be sent to RCS to this effect and the GBM be challanged on this ground ? What action RCS can take in such a situation against the Society and the GBM.

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  • Prabal Das says:

    Our society has not called for for AGM in 2015, what measures should be taken?

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  • our society has not conducted any meeting since 2009.

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  • P says:

    Out commitee has not take AGM from lat 3 years. what action can be taken against them.

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  • sharath babu p says:

    what is the minimum number of members to be present for conducting anual general body meting of co-op society

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  • K Venugopal says:

    Our Co operative Society is run by two individuals whose term had expired in April 2014. We have been writing to the RCS but no proper response is forthcoming. The B/S for the year ended 31/03/2014 was not approved by the members of the Society at the AGM convened by the two. The AGM for the year ended 31/03/2015 was not conducted, nor accounts were presented to the members. Now suddenly the one of the two who claims himself to be authorized signatory has called the AGM on 30/09/2016 a working day so that he could get away with the scrutiny of the majority of the members and complete the formalities.

    Kindly advise how to get this meeting preponed or postponed to a Sunday so that maximum participation of the members could be ensured.

    We appreciate your valuable inputs/response.

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  • Sanjay says:

    Our society has called an AGM on a weekday. Is there any provision, where AGM is to be held only on Sunday or a holiday, where all members can attend?

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  • Ive purchased a flat in a society in mira road the builder sold this flat to investor and I took it from the investor. But the builder has a compulsion of paying 700/sqft if the flat needed to be transfered to the third party but the investor. I paid the winter amount and didn’t required an NOC I did not get the flat transfered at that time. But now the society being formed I submitted my transfer documents to the Managing Committee for transfer. The have not done it saying they want 50000 for the transfer or else they will not do it. 2 or 3 people were admired as members recently who paid 50000 but my case is neither closed nor any answer is being communicated to me.

    Today our AGM was called but is was not allowed to be a part of it saying I’m not the member of the society. It’s been 29 days since I’ve submitted my papers and yet because of their evilness they are not doing my work another person (owner of a flat of my same inveator) who paid 50000 recently was allowed in the meeting saying that we are going to introduce him as a member so he can stay.

    My question what can I do in this case and what are my options to stay quite ans pay 50000 as demanded or to fight. If fight then what is the best possible way and possible solution.

    Pls help me if possible and as soon as possible.

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  • MUKESH KUMAR says:

    i am mukesh from chennai residing in a apartment which have 582 flats.Association have been formed and registered,by-laws also registered.My question is
    1.Bylaws not distributed to any flat owner.
    2.association is not registered in
    income tax and dont have PAN number.
    3.Association dont audit it accounts and doesnt pay any tax.
    4.association is not conducting any annual general body meeting .they dont produce accounts and get it passed in AGM.
    5.maintanence is collected on SQft basis of flat size,not on UDS.
    6.Many facilities we are unable to enjoy which builder had provided to us.
    7.builder was charging Rs-1.50/sqft now they are charging Rs 2.50/sqft and facilities have been cut.

    So my question is what action can be taking on this association and how?

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  • SK GUPTA says:

    we have two problems:
    1. RCS has directed society to issue me membership under sec91. The society approached FC who dismissed the appeal. Still, they are not issuing membership. What option is available to me so that membership is issued.

    2. They last GBM held on 01.03.2015. They are not holding GBM in spite of requests to society. Our letters to RCS remains un-replied. Kindly guide us.

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  • R D Uppal says:

    Is a notice for AGM without mention of “to confirm minutes of last AGM” is valid notice ?. If not, can the said notice be questioned ?

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  • Pramod Juneja says:

    Sir, is a proposal for a heavy expenditure on “repair/relaying of internal roads of the society” without any reason for its need/technical report/estimates (quotations)/time involved is valid proposal and if not valid, can a representation be filed with the RCS

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  • Pramod Juneja says:

    Sir, this I am talking about a proposal mentioned in the notice of AGM of a CGHS

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  • Vishal Jain says:

    Sir…is it not necessary to get the minutes of previous GBM confirm in the next GBM..?? Society in which I am a member has called AGBM without any agenda for the same. Pls suggest.

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  • PRAMOD JAIN says:

    I wish to know can members submit written request to MC for voting by secret ballot PRIOR to AGBM and if yes, is there any limit for signatures of minimum number out of total members in the society ?

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  • B.S.Dhillon says:

    Dear sir
    What is the procedure to remove arrogant President for financial irregularities and mismanagement of society affairs and on request from resident do not call for EGBM?

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  • Advocateji says:

    Dear BS Dhillon, the right procedure is mentioned in DCS Act DCS Rules Bye Laws of the Society. You may read them thoroughly and take action OR you should take assistance of any person or any or our Lawyer (but they charge fee). No other short cut.

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