section 49
Annual General Meeting
The Chhattisgarh Co-operative Societies Act, 1960Corporate1960195 sections
Statutory text
- (1) Every society shall call a general meeting of its members within three months before the end of the financial year for the following purposes: (a) For approving the programme of activities of the society, which has been prepared by the committee for the next year; (b) Election of the members of the committee, if it has become necessary to do so. Explanation. - It shall be deemed that the election of the committee has become necessary when the term of the committee expires within a period of three months from the date of the annual general meeting. (c) For considering the audit report, if received, and the annual report; (d) For the expenditure of net profit; (e) For considering any other subject as may be placed according to the bye-laws; and (f) For presenting the budget for the next year: Provided that the Registrar may, except for this meeting wherein the election of the tenure of the committee as specified in sub-section (7-A) is to be held upon expiry, extend the period for holding such meeting for a period of more than three months: Provided further that where an order of liquidation under section 69 has been issued in respect of a society, then calling an annual general meeting shall not be necessary. (1-A) The election of members of the committee, Chairman, Vice-Chairman, President, Vice-President and representatives, if any, shall be conducted by the Returning Officer in the prescribed manner. (2) Notice of such meeting shall be sent to the Deputy/Assistant Registrar of the district in which the society is situated, at least full fourteen days prior to the date of the meeting. (3) The Deputy/Assistant Registrar may himself be present in such meeting or may depute any officer subordinate to him to be present in it. (4) The Deputy/Assistant Registrar or the officer deputed by him shall have the right to address the meeting regarding any matter related to the subjects specified in clauses (a), (c), (d) and (f) of sub-section (1). (5) If a general meeting is not called within the period prescribed for it under sub-section (1) or if there has been a default in complying with the requirement of sub-section (1), then the Registrar may, by order, declare any such officer, whose duty it was to call such meeting or to comply with the provisions of sub-section (1) and who without reasonable cause has defaulted in complying with any of the provisions of the aforementioned sub-section, as disqualified for being elected to the post or for remaining on the post for a period not exceeding three years as he may specify in such order and may impose a penalty of any amount not exceeding Rs. 5,000 on such officer if that officer is an employee of the society: Provided that no order under this sub-section shall be made unless the concerned person is given a reasonable opportunity of being heard by an officer not below the rank of Joint Registrar of Co-operative Societies. (6) If the bye-laws of a society provide for the election of all or some members of the committee on a territorial basis, then such members of the committee shall be elected from the area in any meeting of the members of that area before the date of the general meeting in accordance with the provisions of the bye-laws; the results of which shall be displayed on the notice board of the society and also at the place of the general meeting before the commencement of the proceedings of the annual general meeting. (7) In every annual general meeting of any society, the committee shall place a statement before the society in which the names of the members of the committee, members of their families and close relatives, and the details of outstanding loans or advances, if any, during the preceding years shall be shown. Explanation. - For the purposes of sub-section (7), members of the family shall include wife, husband and dependent children. (7-A) (i) The term of the committee shall be five years from the date on which the first meeting of the committee is held: Provided that where a committee has been superseded or suspended, or has been removed under the Act, and is reinstated as a result of an order of a court or authority, then the period during which that committee was not in office as superseded, suspended or otherwise, shall be excluded in calculating the aforementioned term. (ii) The term of the representative elected by the committee of a society shall end with the expiry of the term of the society for which such representative has been elected: Provided that the representative of the committee shall continue in his office until the expiry of the term of the committee of which he is a member. (7-AA) (Applicable only in Madhya Pradesh) The State Government may, by notification, for the reasons mentioned therein, extend the term of a society or classes of societies from time to time for a total period not exceeding twelve months. (7-AAA) (Applicable only in Madhya Pradesh) Even if the maximum period of eighteen months mentioned in sub-section (7-AA) expires between the period starting from 7th May, 1988 (hereinafter referred to as the said date) and the date of publication of the Madhya Pradesh Co-operative Societies (Amendment) Ordinance, 1988 in the Gazette, the term of such committees shall be deemed to have been extended for a period of 6 months from the said date, as if the notification under sub-section (7-AA) for extension of the period was issued on the said date. (8) If elections are not held before the expiry of the term specified in sub-section (7-A) or the term extended under the previously removed sub-section (7-AA), it shall be deemed that all members of the committee have vacated their posts and the powers of the committee have vested in the Registrar and the Registrar shall conduct elections as early as possible: Provided that the Registrar may authorize any officer to exercise the powers of the committee vested in him under this sub-section and such officer so authorized shall exercise such powers from the date of such authorization. (9) (a) Every society shall record the minutes of every general meeting and all other meetings of its committee in a minutes book; (b) Such minutes shall be circulated to all persons invited to the meeting within 30 days of the conclusion of the meeting; (c) The minutes so recorded shall be signed by the person presiding over the said meeting.
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