General Body Meeting

Part 5

v     Quorum

As per Bye-law No.101, the quorum for every general meeting is 2/3^rd of the total number of members of the society or 20, whichever is less. The Chairman/Secretary should keep ready at the place of the meeting the attendance register or minute book of general body meetings for signature of the attending members. No proxy or holder of Power of Attorney of authority is allowed to attend a general body meeting of a Co-operative Housing Society on behalf of a member of the society. However an associate member may attend, vote and participate in the general body meeting in the absence of the first member. Both cannot attend the meeting simultaneously. A non member should not be allowed to sign in the register/book and should be asked to leave the meeting.

The meeting will start, if within half an hour of the declared time of the meeting of the quorum is attained. In case there is no quorum, the meeting is adjourned to a later hour if so specified in the notice of the meeting. If it is not specified in the notice the meeting will be adjourned to a subsequent date not earlier than 7 days and not later than 30 days. In such case the Secretary/Chairman will issue a notice of 5 clear days notice to the members intimating only the date, time and place of the meeting. At such an adjourned meeting, the business on the agenda of the notice of the original meeting shall be transacted whether there is quorum or not. It must also be noted that the general meeting begun with a quorum will continue to transact agenda on the notice of the meeting whether there is quorum or not during the course of the meeting. If all the business on the agenda of the notice cannot be transacted on the date of a general meeting the members present can decide to postpone the meeting and call it on any other suitable date and time but within 30 days of the meeting. However the Special General Body Meeting called by the requisition of the members stands dissolved if there is no quorum within half an hour of the specified time on the notice of the meeting. This meeting cannot be adjourned the meeting. A representative deputed by the Registering Authority by a letter guidance and assistance and to ensure the smooth functioning of the meeting. The presiding authority should see that deliberations/discussions during the meeting are as per the business of the agenda of the notice and the Acts, Rules and Bye-laws of the society. Any business conducted at the meeting of the society ignoring the above will be illegal, null and void. 

v     Proxy

As per Bye-law No.105, no proxy or 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. This bye-law has been framed on the line of section 27 of the M.C.S. Act, 1960. In case of any violation of the said Section or the bye-law the proceeding of the said meeting shall stand vitiated.

However, a Guardin of a minor or a person of unsound mind is created by law and he is not a proxy and he can vote for a minor shareholder. (In this connection see Bhaskar Ambadas v. Restapur, V.K.S. Society, [(19977)]1 C.L.C.63, 66] Therefore in such cases the proceeding of the concerned meeting will not stand vitiated.