The maharashtra co-op. hsg. societies act, 1960.
Prakash S. B.
(Querist) 22 August 2013
This query is : Open
(1) When an Annual General Meeting is postponed, whether a Co-operative Housing Society can circumvent the provisions of Rule 60(8) of the M.C.S. Rules, 1961, read with By-law 103 and call a Special General Body Meeting instead of calling the postponed Annual General Meeting as per Rule 60(8) of the M.C.S. Rules, 1961, read with By-law 103 for passing the accounts of the Society for a given financial year after the expiry of the period stipulated under the said Rule 60(8)and By-law 103 and also pass the accounts in that Special General Body Meeting after the expiry of the period stipulated under the said Rule 60(8)and By-law 103?
(2) Whether Sections 75(1), 75(4) and 75(5) of the M.C.S. Act, 1960, are attracted if the postponed annual general meeting is not called and held within the period of 30 days as prescribed and envisaged under the said Rule 60(8) read with By-law 103 and accounts are not passed within the said period of 30 days?
(3) When an Annual General Meeting has to be postponed as business in respect of two items could not be transacted, whether one of the two items (of which notice was given to members) can be deleted / excluded from the agenda of the postponed Annual General Meeting or from the agenda of the Special General Body Meeting referred to herein above?
(4) Whether a Special General Body Meeting can be called by the Chairman and / or by a majority of the Committee on their own i.e. in the absence of a written requisition of 1/5th of its members or if it is not called at the instance of the Registrar or the Housing Federation of which it is a member, as envisaged under Section 76(1)of the M.C.S. Act, 1960?
