Kunal
I have a few questions regarding AGM meeting.
1.What is the minimum number of people required to conduct society AGM meeting.
2. If people said they will attend the meeting but didn’t show up during the meeting and because of which minimum required attendance is not there. Then can this meeting be considered as per rule. And do others have to abide by decisions taken in that meeting by attendees.
3. Can members be monetarily fined for not attending the meeting. Is it by law? And if yes what should be the fine amount.
Please answer above queries providing proper legal data.
I C Naik
Authentic Answers to most questions are to be found in Bye Laws registered by your society and which are in force.My first advice to member of cooperative housing societies having any question about your membership right and its management, is to exercise your legal right to peruse or get certified copy of Bye-Laws (Costing around Rupees 100) conferred under section 32 of the M C S Act 1960
Minimum number required to conduct AGM is called Quorum as per Bye Law No 101 ” The quorum for every general body meeting, of the Society shall be 2/3rds of the total numbers of members of the Society or 20, whichever is less.”
Bye Law No 102 provides.” If within half an hour after the time appointed for the general body meeting of the Society, there is no quorum, the meeting, if convened upon the requisition of the members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day and at the same place, as may have been specified in the notice,calling the general body meeting of the Society or to a subsequent date, not earlier than 7 days and not later than 30 days and at such adjourned general body meeting, the business on the agenda of the original general body meeting shall be transacted, where there is a quorum or not.”
The MCS Act has a new provision effective 14 2 2013 in Section 26 and its Clause (2) reads as under:
(2) It shall be the duty of every member of a society,—
(a) to attend at least one general body meeting within a consecutive period of five years :
Provided that, nothing in this clause shall apply to the member whose absence has been condoned by the general body of the society;
If a member fails in above duty and is no condoned as aforesaid, there is a proviso in this Section namely Provided that, a member who does not attend at least one meeting of the general body as above such society shall be classified as non-active member:
As per another Proviso in that Section: A non-active member who does not attend at least one meeting of the general body in next five years from the date of classification as a non-active member, he shall be liable for expulsion under section 35 :
FURTHER as per Sub-Section (1A)of Section 27 of the Act Non-active member shall not be entitled to vote in the General Meeting.
It is nice to observe a growing number of members are insisting to understanding legal provisions with an authentic response. Keep it up and do acquire a copy of your bye laws.
