Section 32 in The Tamil Nadu Co-Operative Societies Act, 1983
32. General meetings.
(1)(a)Subject to the provisions of this Act, the Rules and the bye-laws, the ultimate authority of a registered society shall vest in the general body of its members:Provided that nothing contained in this clause shall affect the exercise by the board or any officer of a registered society of any power conferred on such board or such officer by this Act or the Rules or the bye-laws.(b)Notwithstanding anything contained in clause (a), where the area of operations of a registered society is not less than such area as may be prescribed, or where the registered society consists of not less than such number of members as may be prescribed, the registered society may provide by an amendment of its bye-laws for the constitution of a smaller body consisting of such number of the members of the registered society as may be prescribed, elected in accordance with the rules (hereinafter referred to as the representative general body to exercise all or any of the powers of the general body as may be specified in the bye-laws and any reference, by whatever form of words, in this Act to the general body or a meeting thereof shall, where a representative general body has been constituted under this clause, have effect in respect of the powers exercisable by the representative general body as if such reference were a reference to the representative general body or a meeting thereof, as the case may be:Provided that the representative general body shall not alter any provision in the bye-laws relating to its constitution or powers:Provided further that nothing in this clause shall be construed as empowering the representative general body to elect the members of the board of the registered society; and members of the board of that society shall be elected by all the members of the society in such manner as may be prescribed.(c)The exercise of any power by the representative general body shall be subject to such restrictions and conditions as may be specified in the Rules or the bye-laws.(2)A general meeting of a registered society [shall be held within a period of six months from the close of the financial year] [Substituted for 'shall be held in a co-operative year' by Tamil Nadu Act No. 4 of 2013, dated 23.2.2013. w.e.f 31.1.2013.] for the purpose of-(a)approval of the budget for the ensuing year with reference to the programme of the activities of the society prepared by the board:Provided that if the general meeting docs not approve the budget before the commencement of the year to which it relates, even after the budget is placed before it, the board shall refer the budget to the Registrar for approval. The Registrar, after examining the reasons for the non-approval of the budget by the general meeting, shall have power to modify the budget taking into account the interests oi the registered society;(b)consideration of the audit report and the annual report;(c)disposal of the balance of the net profits as specified in sub-section (2) of section 72;(d)consideration of the details of the services, if any, rendered to any member of the board or any such near relation as may be prescribed, of any member of the board during the preceding year; [xxx] [The word 'and' in sub-clause (d) and the addition of clause '(dd)' were made by section 5 of the Tamil Nadu Cooperative Societies (Amendment) Act, 1989 (Tamil Nadu Act 36 of 1989).](dd)[ appraisal of the programme of the activities of the society; and] [The word 'and' in sub-clause (d) and the addition of clause '(dd)' were made by section 5 of the Tamil Nadu Co-operative Societies (Amendment) Act, 1989 (Tamil Nadu Act 36 of 1989).](e)consideration of any other matter which may be brought forward in accordance with the bye-laws:Provided that nothing contained in this sub-section shall prevent the registered society from convening general meetings as often as may be necessary in the interest of the society.(3)(a)The board may, at any time, call a special general meeting of the registered society and shall call such a meeting within one month of the date of a requisition in that behalf from-(i)such number of the members or proportion of the total number of members as may be specified in the bye-laws; or(ii)the board of the financing bank to which the society is affiliated; or(iii)any other registered society of such class as may be prescribed for the purpose; or(iv)the Registrar.(b)The requisition referred to in clause (a) shall be in writing and shall specify the subjects that shall be placed for consideration at the special general meeting.(4)(a)It the board refuses or fails to call a meeting in accordance with a requisition under clause (a) of sub-section (3) or under sub section (1) of section 25 or if, in the opinion of the Registrar, there is no board or officer competent under this Act or the Rules or the bye-laws to call a meeting, or if there be an order of the Registrar or of the Civil Court restraining the board to function, the Registrar shall, if he is satisfied that there are sufficient and valid reasons to convene the special general meeting, call the meeting himself.(b)If at a special general meeting of the registered society the quorum is not present for holding the meeting,-(i)in cases where the meeting was called in pursuance of requisition from the members, the meeting shall stand dissolved; and(ii)in any other case, the meeting shall stand adjourned to such other day, time and place as the board or the Registrar may determine.If, at the adjourned meeting a Iso, the quorum is not present for holding the meeting, the members present shall be the quorum.(5)The Registrar may order that the expenses incurred in calling the special general meeting shall be paid out of the funds of the society' or any other registered society at whose instance such meeting was called or by such person as, in the opinion of the Registrar, was responsible for the refusal or failure to call the meeting under sub-section (4).
