Our society’s registered no. PNA/HSG/(TC)/4740/1999-2000 dt.11/02/2000 in the name of Pachimrang No.4 co-op hosg.soc. ltd, Pune -29 under Maharashtra state Act 1960 (year 1961 rule 24(1) under tenant co-op hosg.soc.
Following are points:
- regarding 97 th Amendment, We have not yet approved and inform to regional office , pune as we have not taken approval in AGM TILL F.Y.16-17. We have put this subject in F.Y.17-18 AGM Notice.
- What is the AGM period at the time of our society registration period and is there any extension period allowed as per old bylaws.
- Is 97thAmendment applicable to us even we have not approved in AGM & not inform it to regional officer in Pune. / Is it mandatary even if not approved in AGM.
- Is there any provision after 97thamendment Act which is implemented in Maharashtra state on 14/02/2013 ( as it said and read newspapers etc.)under act /section/rule etc. That:
- Since we received notice from regional office, Pune under 75(1) that action taken on secretary for not conducting AGM before 30thSept. after (financial year 17-18 completion period.) It is also mentioned in it that as per by laws (Marathi) rule 97 and 98 mentioned secretary is responsible as per byelaw rule.
- Actual fact is that after issuing 14 days clear notice AGM dated fixed 29thSept 2018.
After issuing notice secretary met with an accident and he was in hospital till the date of AGM. (All evidence already submitted to dept) when called in office chairman and secretary both given written on plain paper with both signature that meeting cancelled and taken on 29th oct.2018 instead of word extended meeting they mentioned as cancel as no transaction as per notice is completed.
Now our question is how secretary is only responsible when he is not present due to hospitalization? We do not find any such word that secretary is responsible in bylaws rule-book. What is difference in Marathi bylaws and English. Secretary had done his job by issuing notice.
I C Naik
For failure to convene the ANNUAL General meeting of the Society Sub-section of Section 75 provides as under:
(5) If default is made, in calling a “general body meeting within the period” ‘prescribed under sub-section (1) the Registrar may by order declare any officer or member of the committee whose duty it was to call such a meeting …and who without any reasonable excuse failed to comply ……. disqualified for being elected and for being any officer or member of the committee for such period not exceeding five years, as he may specify in such an order and, if the officer is a servant of the society, impose a penalty on him to 7 [pay] an amount not exceeding five thousand rupees. Before making an order under this sub-section, the Registrar shall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him.
THE REGISTERED BYE-LAWS OF YOUR SOCIETY are relevant.
Your A COOPERATIVE HOUSING SOCIETY was registered on 11/02/2000 which allows us to assume that Bye-laws were registered as per Model Bye-laws approved by Co-operative Commissioner and Registrar C.S. M.S.PUNE under his letter No Model Bye-Laws E-11/81 DATED 5-10-1984.
- Secretary had issued the notice of AGM so he has done his duty. See Bye-law No 92” The notice convening the general body meeting shall be issued by the Secretary of the society”
- The AGM should not have been cancelled. Chairman should have held the meeting briefly and then adjourned if majority members so wished:
Bye-law No 103 says: “ If all the business on the agenda of the general body meeting of the Society cannot be transacted on the day on which the general body meeting is held, the meeting shall be postponed to any other suitable date, not later than 30 days from the date of the meeting, as may be decided by the members present at the meeting.”
- Section 154 provides for revision of such orders and a the Dy Registrar has passed an order a revision application can be made to District Joint Registrar with in 60 days from the receipt of the order of the Registrar Delay may be condoned if satisfactory reason for the delay is accepted by the Revision Authority.
- The Society will have to engage an Advocate as Revision proceedings are complicated.