Section 49 in The Chhattisgarh Co-Operative Societies Act, 1960
49. Annual General Meeting.
(1)Every Society shall within [a period of six months of] [Substituted 'three months before' by C.G. Act No. 6 of 2013, dated 13.2.2013.] the close of financial year call a general meeting of its members for the following purposes of -(a)approval of the programme of the activities of the society prepared by the committee for the ensuing year;(b)Election, if fallen due, of the members of the committee.Explanation. - Election of the committee shall be deemed to have fallen due, if the term of the committee comes to an end within a period of three months from the date of the annual general meeting.(c)consideration of the audit report, if received and the annual report;(d)disposal of the net profit;(e)consideration of any other matter which may be brought forward in accordance with the bye-laws; and(f)presenting the budget for the next co-operative year :Provided that the Registrar may, save the meeting in which elections are to be held on expiration of the term of the committee specified in sub-section (7-A), extend the period for holding such meeting, by a further period not exceeding three months :Provided further that in respect of a society where an order of liquidation has been issued under Section 69, annual general meeting shall not be necessary to be called.(g)[ appointment of Auditor for next financial year.] [Added by C.G. Act No. 6 of 2013, dated 13.2.2013.](1-A) The election of the 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 situate, at least fourteen clear days before the date of the meeting.(3)The Deputy/Assistant Registrar may himself attend such meeting or depute any officer subordinate to him to attend it.(4)The Deputy/Assistant Registrar or the officer deputed by him, shall have the right to address the meeting in respect of any matter pertaining to the subjects specified in clauses (a), (c), (d) and (e) of sub-section (1).(5)If default is made in calling general meeting within the period prescribed therefor under sub-section (1) or in complying with the requirement of sub-section (1), the Registrar may, by order, declare any officer whose duty it was to call such meeting or comply with the provisions of sub-section (1) and who without reasonable excuse failed to comply with any of the provisions of aforesaid sub-section, to be disqualified for being elected or being in office for such period not exceeding three years, as he may specify in such order and if the officer is an employee of the society impose a penalty on him of any amount not exceeding five thousand rupees :Provided that no order shall be made under this sub-section unless the person concerned 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 provides for election of all or some members of the committee on territorial basis, such members of the committee shall be elected from the area in a meeting of the members of that area in accordance with the provisions of the bye-laws on a date prior to that of general meeting. The results thereof shall be affixed on the notice board of the society and also at the place of the general meeting prior to the commencement of the proceedings in annual general meeting.(7)At every annual general meeting of a society, the committee shall lay before the society a statement showing details of loans or advances, if any, outstanding during the proceeding years, in the name of the members of the committee, their family members and near relations.Explanation. - For the purpose of sub-section (7) family members shall include wife, husband and dependent children.(7-A)(i) The term of the committee shall be five years from the date on which first meeting of the committee is held :Provided that where a committee superseded, suspended or removed under the Act is reinstated as a result of any order of any Court or authority, the period during which the committee remained under supersession, suspension out of office as the case may be, shall be excluded in computing the period of the term aforesaid.[Provided further that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of board is less than half of its original term.] [Inserted by C.G. Act No. 6 of 2013, dated 13.2.2013.](ii)The term of the representative elected by the committee of the society shall be co-terminus with the term of the committee of the society for which representative is elected :Provided that the representative of a committee shall continue to hold his office till the expiry of the term of the committee of which he is a member.(7-AA) The State Government may, by notification, for reasons to be stated therein, extend the term of the committee, of a society or a class of societies from time to time, for a total period not exceeding [Twenty four months] [Substituted for the words 'Twenty months' by C.G. Act No. 33 of 2002, Section 2, w.e.f. 1-3-2002.].(7-AAA) Notwithstanding the expiry of the maximum period of eighteen months specified in sub-section (7-AA), in respect of the committees between the period commencing on the 7th May, 1988 (hereinafter referred to as the said date) and ending on the date of publication of the Chhattisgarh Co-operative Societies (Amendment) Ordinance, 1988, in Gazette the period in respect of such Committees shall be deemed to have been extended for a period of six months with effect from the said date as if the notification for the extension of the period were issued under sub-section (7-AA) on the said date.(8)[ Notwithstanding anything contained in this Act or Rules made thereunder the election of a board shall be conducted before the expiry of the term of the board. If the elections are not held before the expiry of the term, or board of society ceases to function due to the order of any court or otherwise all the members of the board shall be deemed to have vacated their seats and the powers of the board shall be deemed to have been vested in the Registrar and the State Election Commission shall hold elections within six months, or twelve months in case of the Co-operative Banks:Provided that the Registrar may authorize any officer to exercise the powers of the board vested in him under this sub-section and the officer so authorized shall exercise such powers from the date of such authorization.] [Substituted by C.G. Act No. 6 of 2013, dated 13.2.2013.](9)(a)Every society shall record in the minutes book, the minutes of all the proceedings of every general meeting and all other meetings of its committee.(b)Such minutes shall be circulated to all the persons invited for the meeting, within thirty days from the conclusion of the meeting.(c)The minutes so recorded shall be signed by the person who presided over the said meetings.(10)Omitted.
