Model Bye–Laws of Cooperative Housing Society
XI. GENERAL MEETINGS
(A) First General Meeting (Bye Law No 85 to 93)
Bye Law No 85. Holding of the first General Meeting within the stipulated period
The First General Body meeting of the Promoters, who have signed the Application for Registration of the Society, shall be held within the period of three months of the date of the registration of the Society, as provided under Rule 59 of the Rules. It shall be the responsibility of the Chief Promoter Society to convene First General Body meeting within the stipulated period.
Bye Law No 86. Calling the first general meeting by the Registering Authority
On failure of the Chief Promoter of the Society to hold the First General Body meeting within the period mentioned in bye-law no 85, the Registering Authority shall cause it to be convened.
Bye Law No 87. Period of notice for the first general meeting
Clear fourteen days Notice of the First General Body Meeting of the Society shall be given by the Chief Promoter of the Society or as the case may be, by the Officer Authorized by the Registering Authority, to all the promoters, who have signed the application for Registration of the Society.
Bye Law No 88(a) Functions of the first General Meeting
| i. | Election of a President for the meeting, |
| ii. | Admission of new Members (other than the promoters) who have applied for Membership of the Society. |
| iii. | Receiving and Approving the Statement of Accounts, as prepared by the Chief Promoter of the Society, as on fourteen days prior to the date of the First General Meeting of the Society ( ie: as on the Date of Notice ). |
| iv. | Constitution of a Provisional Committee until regular elections are held under bye-laws of the Society. The Provisional Committee shall have the all powers and functions as that of the Committee elected in accordance with the Act, Rules & Bye-laws. |
| v. | Fixing the limit up to which funds may be borrowed. |
| vi. | Authorising the Committee to secure conveyance of the right, title and interest in the property in the name of the Society, from the Promoter Builder, |
| vii. | Appoint internal Auditor of the Society for the year, if necessary and fix his remuneration. |
| viii. | Authorise One of the Members of the Provisional Committee to call the first meeting of the Provisional Committee, |
| ix. | Consider affiliation of the Society as Member of the Housing Federation of the District and other institutions mentioned in bye-law no. 6, |
| x. | Consider any other matter to be brought before the meeting with the permission of the Chair, excepting those requiring proper notice. |
(IN ADDITION FOLLOWING ARE APPLICABLE FOR PLOT-PURCHASED TYPE SOCIETY)
| xi. | To review and approve the Report of the Chief Promoter of the Society regarding the work done and proposed to be done with reference to the financial and physical aspects of the scheme of construction. |
| xii. | To confirm the agreement for purchase of the plot/building for the Society entered into by the Chief Promoter of the Society with the vendors. |
| xiii. | To approve the site plan and the scheme of construction. |
| xiv. | To confirm the appointment of Architect of the Society made by the Chief Promoter of the Society or to appoint an Architect if no such appointment is made by the Chief Promoter of the Society or -to appoint a new architect in place of the one already appointed. |
Bye Law No 88(b) Nomination of a provisional committee by the Registering Authority
Where the First General Meeting fails to elect a Provisional Committee, the Registering Authority shall be competent to Nominate such a Committee, including the Chairman and the Secretary of the Society for a period of one year.
Bye Law No 89. Recording of minutes at the first General Meeting
The person, who presides over the First General Meeting shall record the Minutes of the Meeting, sign them and hand them over to the Secretary of the Society elected at the first meeting of the Provisional Committee or nominated by the Registration Authority under the bye-law no. 88(b).
Bye Law No 90. Handing over records by the Chief Promoter of the Society
The Chief Promoter of the Society shall, immediately after election of the Office Bearers of the Society, at the first meeting of the Provisional Committee or its nomination by the Registering Authority under the bye-law no. 87(b),hand over to the Chairman of the Society or any Member of the Provisional Committee authorised by it on that behalf:-
| a. | all records of the Society, particularly the copy of the application for registration of the Society, received back from the Registering Authority, |
| b. | the copy of the by-laws of the Society registered by the Registering Authority, |
| c. | the certificate of registration of the Society, |
| d. | the challans for amounts credited into the bank, |
| e. | the counterfoils of the used cheques and the unused cheques, forms |
| f. | the bank pass books, |
| g. | the copies of all the agreements entered into by him with different parties, |
| h. | the statement of accounts as prepared by him, |
| i. | the applications for Membership, |
| j. | the statement of information of the promoters, |
| k. | the vouchers for amounts expended, |
| l. | the cash balance, if any, |
| m. | the site plan/ the scheme of construction (for plot purchase type) |
| n. | the minutes of the first general meeting of the Society, |
| o. | the files of the correspondence with the Registering Authority, the Local Authority, |
| p. | and all such other records, also in digital form and assets of the Society as are in his possession, not withholding anything with him. |
| q. | prepare a documents handover report |
Bye Law No 91. Powers of the Provisional Committee
The Provisional Committee or the Nominated Committee shall have the all powers and functions as the committee duly elected in accordance with the Act, Rules & Bye-laws of the Society.
Bye Law No 92. Period of office of the Provisional Committee
The Provisional Committee or the Nominated Committee shall be in office for a period of one year or until the regular elections are held under the Bye-laws of the Society.
Bye Law No 93. Handing over charge by the Provisional Committee
The Chairman of the Provisional Committee or the Nominated Committee shall handover charge of all the assets and documents & papers of the Society to the' Chairman of the newly elected Committee at the time of its first meeting, leaving nothing with him/them including the record mentioned under bye-law no. 90.
