CHLawship Blog Article 25

SGM - Agenda, Quorum, Additional Agenda Clarifications

SGM - Agenda, Quorum, Additional Agenda Clarifications 

 

Maharashtra Cooperative Societies Act, 1960, the Rules, and the Model By-Laws. Here's a concise explanation to support your point:  

  1. Agenda and Notice Requirements:  
    - As per the Model Bye-Laws (e.g., By-Law 96), the agenda for a Special General Meeting (SGM) must be:  
    - Declared in advance by the managing committee.  
    - Signed by the Chairman or Secretary.  
    - Circulated to all members with the notice of the meeting, at least 5 clear days before the SGM (excluding the day of dispatch and meeting day).  

    1A. Quorum for General Body Meetings (AGM/SGM) By-Law 96:
    The quorum for a General Body Meeting (Annual or Special) is set at two-thirds of the total number of members of the society or 20 members, whichever is less.

    Adjournment of Meeting:

    If the quorum is not present within the stipulated time (usually 30 minutes after the scheduled start time), the meeting shall stand adjourned.

    The adjourned meeting can be reconvened after a minimum of 30 minutes, on the same day.

    No Quorum Requirement for Reconvened Meeting:

    Adjournment of Meeting:

    If the quorum is not present within the stipulated time (usually 30 minutes after the scheduled start time), the meeting shall stand adjourned.
    The adjourned meeting can be reconvened after a minimum of 30 minutes, on the same day.
    No Quorum Requirement for Reconvened Meeting:

    In the adjourned meeting, no quorum is required, and the business on the agenda may be transacted irrespective of the number of members present.

    Restrictions on Decisions:
    Decisions taken at such a meeting are valid only if they pertain to the agenda circulated in advance.
     
  2. No Addition of Points Without Prior Notice:
    - Items not included in the declared agenda cannot be discussed or decided during the SGM.  
    - This ensures transparency and gives all members sufficient time to prepare for discussions. 
     - Any point raised “on the house” or during the meeting, without prior inclusion in the circulated agenda, violates these guidelines and is procedurally invalid.  
     
  3. Role of Chairman/Secretary:
    - The Chairman or Secretary is responsible for ensuring the agenda is followed strictly during the meeting.  
    - They must not allow discussions or decisions on any additional points outside the declared agenda.  
     
  4. Consequences of Non-Compliance:
    - Any decisions or resolutions passed on items not included in the agenda can be challenged as invalid under the cooperative laws.  
    - Members can escalate such matters to the Deputy Registrar if the managing committee fails to address the irregularity.  

    SGMs are legally restricted to the declared agenda circulated in advance. Discussions or decisions on points raised without prior notice are not allowed and can be nullified. The managing committee, led by the Chairman/Secretary, must strictly adhere to the agenda and uphold the cooperative guidelines to ensure fair and transparent governance.

    CsLawship.in

SGM - Agenda, Quorum, Additional Agenda Clarifications

Share This Blog

Spread the word! Share our blog on your favorite platform or send it to your friends.

Click the Instagram button to copy the blog link to your clipboard.
Link copied to clipboard!

Live Chat !!

Blog Listing !!