Model Bye–Laws of Cooperative Housing Society

A Special General Body Meeting of the Society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt or requisition, in writing signed by at least 1/5th of the Members of the Society or from the Registering Authority or from the Housing Federation, to which the Society is affiliated. The meeting so convened shall not transact any business, other than that mentioned in the Notice of the Meeting, fixing date, time and place for a Special General Body Meeting requisitioned.

The requisition for the special general body meeting of the Society, under the bye-law no. 95 shall be placed within 7 days of its receipt, before the Meeting of the Committee, by the Secretary of the Society, for fixing the date, time and place for the Special General Body Meeting of the Society.

The committee shall decide the date, time and place of every General Body Meeting of the Society and the business to be transacted thereat; provided that the business to be transacted at the requisitioned Special General Body Meeting shall be only that mentioned in the requisition. The notice convening the General Body Meeting shall be issued by the Secretary of the Society as provided in Bye-law no. 162. On his failure to issue the notice, the Chairman shall issue it.

In case of the Annual General Body Meeting, 14 clear day's Notice and in the case of the special general body meeting, 5 clear day's notice of the meeting shall be given to all the Members of the Society, as provided under Bye-law No. 162, under intimation to the Federation and to the Registering Authority. In case of an emergency, the Special General Body Meeting may be called even at a shorter notice, if the Committee unanimously decides to call the Special General Body Meeting at a shorter notice. The Agenda of such emergency meeting and the reasons of emergency for which the meeting is called shall be communicated in writing to all the Members. Also the decision of such meeting shall be communicated in writing to all the Members, within two days of such meeting.

The quorum for every general body meeting of the Society shall be 2/3rd of the total number of Members of the Society or 20, whichever is less.

If within half an hour after the time appointed for 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, whether there is requisite quorum or not.

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 convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting.

The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting.

No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society on behalf of a Member of the Society.

Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of the Act.

At the General Body Meeting of the Society, every Active Member of the Society and in his absence, his Associate Member shall have one vote only. In case of equality of votes, the Chairman of the meeting shall have a casting vote.

Unless otherwise specifically provided under the Act, the Rules and the Bye-laws of the Society, all questions at a General Body Meeting of the Society shall be decided by a simple majority of Members present and voting at the meeting.

The committee shall finalise the draft minutes of every general body meeting of the Society within 3 months of the date of the meeting and circulate the draft minutes amongst all the Members of the Society within 15 days of the meeting of the Committee at which the draft minutes were finalised. The Members of the Society may communicate to the Secretary of the Society, their observations, if any, on the draft minutes, within 15 days of the date of their circulation. The Committee, at its subsequent meeting, shall prepare the final minutes of the general body meeting after taking into consideration the observations, if any, made by the Members on the draft minutes and cause them to be recorded in the minutes book, by the Secretary of the Society or any other person authorised in that behalf.

No resolution can be brought at a General Body Meeting of the Society, cancelling its previous resolution, unless six clear months have elapsed, after passing of the previous resolution.