Our society is in the redevelopment process. The special general body meeting (SGBM) has initiated the tender process and now, we have to fix the SBGM date. The registrar’s representative will be invited to attend the meet, in which the consent of the members will be obtained. What are the requirements to be followed by us? What is the role of such an authorised representative? Zeal Mehta, Ghatkopar
The government resolution (GR), dated July 4, 2019, provides the procedure to be complied with by the societies undergoing redevelopment. At the SBGM, the developer should be selected on the basis of his experience, merit, financial and technical capabilities, and competitive rates from the tenders shortlisted by the managing committee (MC) with the help of the project management consultant.
The MC should submit an application along with the list of members to the registrar to appoint an authorised officer. Once the officer is appointed, the secretary has to call the SBGM within one month from the date of appointment of the authorised officer. The notice and agenda should be circulated to the members 14 days before the date of the meeting by hand delivery or by registered post.
Notice and agenda should be sent to members residing abroad via email. Their acknowledgement shall be preserved by the secretary. It is the responsibility of the authorised officer to supervise the proceedings of the SBGM. Further, he/she will check for the representatives of the shortlisted developers, who are present in the meeting. The officer will ensure that the process mentioned in the aforesaid GR is complied with by the MC, including video recording of the SGBM at thesociety's cost.
.png)
None other than the member is allowed to attend and vote at the meeting and their valid photo identities are also required to be verified. The officer will ensure that the required two-third quorum of the total number of members is present in-person and the written consent ofnot less than a minimum 51% of the total members present has been obtained to select the developer.
Our society has 40 members and the MC comprises seven members, including four women. What is the maximum number of women allowed in the MC? Are we required to appoint the members of the scheduled caste/ tribes and denotified tribes? Neeti Arora, Powai
Any society having up to 50 members is required to have a seven-member MC, with minimum two women. The Maharashtra Cooperative Societies Act's section 154 B21 provides the minimum number of women in the MC, but there is no maximum limit provided in the Act. Thus, the constitution of your society is well within the purview of the law. The requirement to appoint members of the scheduled tribes, OBC and denotified tribes in accordance with section 154B-20 is not applicable to societies having up to 50 members. You may refer to the GRs, dated February, 28, 2024 and the order of the state cooperative department, dated February, 24, 2024, in this regard.
What is the timeline within which the minutes of the general meeting have to be circulated to the members? Anita Dobrial, Mahim
The MC is required to finalise the minutes of the general meeting within three months of the meeting date. The draft finalised is required to be circulated to the members within 15 days of the MC's meeting, in which the minutes were finalised. In case, the members have any suggestion or objections on the said draft minutes, the same needs to be communicated to the secretary in writing within 15 days of the date of circulation of the minutes.
In the next meeting, the MC is required to prepare the final draft of the minutes after taking into account the suggestion or objections received from the members. The final minutes shall be recorded in the minute book by the Secretary or the person authorised in that regard.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
