Which agenda items can be discussed in the special general body meeting (SGBM)? Can the SGBM notice have an agenda item titled 'any other matter with permission of chair' and what is the minimum notice period required to hold such a meeting? Our managing committee is reduced to a minority, can it still convene the SGBM? Can the committee prepone the SGBM after the notice's circulation? Please, give reference to the bylaws or any other applicable provision.
An SGBM, as the name suggests, is held to discuss special items, including certain resolutions that are required to be passed by not less than two-third majority of the members present and voting.
A resolution for amalgamation, transfer, division or conversion of societies requires two-third majority of members present and voting at the SGBM, as per section 17 of the Maharashtra Cooperative Societies (MCS) Act.
Similarly, bylaw 166 requires not less than twothird majority of members present and voting thereat to amend society bylaws. Unless otherwise specified as aforesaid, the quorum of the general meetings shall be twothird or 20; whichever is less.
An SGBM may be called to discuss items like urgent repairs, issues concerning safety of members or property, changes in the government policies requiring immediate action, etc.
Thus, an SGBM can be called for matters that cannot wait until the next annual general meeting. Discussions can be held on specific items mentioned in the circulated agenda, as per bylaw 96. Hence, 'any other item with the chair's permission' cannot be transacted in the SGBM.
As per bylaw 99, the committee has to give a five clear day notice for the SBGM in accordance with bylaw 162 (mode of service of notice). In case of an emergency, the meeting may be called even at a shorter notice, if the committee unanimously decides to do so.
The agenda of such an emergency meeting and the reason behind it shall be communicated to members in writing. Further, the decision of such a meeting shall also be communicated in writing to all members within two days of SGBM.
Section 76 of the MCS Act read with bylaw 96 provides that an SGBM may be called at any time at the chairman's instance or by the decision taken by the committee's majority.
An SGBM should be called within a month of the date of receipt of requisition in writing signed by at least one-fifth of the society members. Clause 5 of the GR, dated July 4, 2019, provides that not less than one-fifth of the members, who are intending redevelopment, should submit an application for arranging an SBGM.
Thus, the chairman alone or the majority of the committee or at least one-fifth of the total society members can call an SGBM. If the committee fails to hold such a meeting, the registrar or the housing federation can hold the SGBM.
The agenda should be given to the members before 14 days and its acknowledgement should be kept in office record. The quorum for the SGBM for redevelopment shall be two-third of the total society members. If the quorum is not fulfilled, the meeting will get adjourned.
After giving a seven-day notice, the meeting shall be arranged within a month. If the quorum is not fulfilled again, the meeting shall be cancelled assuming members are not interested in redevelopment. (Refer clause 10 of the aforesaid GR) here is no specific provision for preponement of general meetings.
However, bylaw 102 allows postponement if all the business on the agenda cannot be transacted on the same day. The meeting shall be deferred not later than 30 days from the initial date as it's decided by members present in the meeting.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to mpanchayat@gmail.com
