13 September 2019
Respected sir / Madam, We would like to seek your expert advise on the following issue......
1) The last of AGM of our Co-op Hsg Society held on 01.09.2018 but till today the minutes of the same not circulated to the members. As per Bye-laws it must be circulated within 3 months from the date of AGM to all members for their observations and suggestions if any and thereafter it has to be finalize in the MCM. Unfortunately the minutes of last two AGM's are not circulated till today and the managing committee have called the AGM for the this year - Please advise the appropriate action.
2) In the current AGM notice the managing committee has mention that ....... If it is found that there is no quorum up to 10.00 am, the meeting shall be adjourned for half an hour and this adjourned meeting shall be held on the same day and same place at 10.30 am and in such adjourned meeting the business on the agenda shall be transacted and implemented irrespective of the quorum. - We would like to know whether is this legal as per bye-laws?
13 September 2019
The byelwas need to be referred to discuss the issue. If there is no quorum in the meeting then it will be adjourned up to 3 times in general. so verify your bylaws whether such clause is there or not.
15 September 2019
Notice of meeting of general body clears your doubt that the meeting shall start 30 minutes after the scheduled time, even if the quorum is not there. And it is valid and legal. Consult a local prudent lawyer with facts of the case for better appreciation and guidance, if needed.
16 September 2019
I presume that the querist is from Maharashtra. The answers below are furnished on the basis of model bye laws which are in force in the State. Query No.1: Members may object to the minutes which were not finalized after following the procedure laid down in bye law 107 and refuse to approve the same. Members may also raise objections to the contents of the minutes and demand that the minutes may be represented at another AGM or SGM after the same are revised by the committee. But the GB may in its discretion and in order to avoid delay approve the minutes if the same are found in order or modified in the meeting itself.. Query No.2, the position stated in the notice for adjourned meeting is correct. In this connection please see bye law 100 of the model bye laws.