Section 75 in The Maharashtra Co-Operative Societies Act, 1960
75. [Annual general body meeting.] [This marginal note was substituted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(f), (w.e.f. 14-2-2013).]
(1)Every society shall, within a period of [four months after the close of the financial year, get its books of accounts audited and within six months after the close of financial year, to transact its business as may be provided in this Act, call the annual general body meeting of its members] [These words were substituted for the words 'three months next after the date fixed for making up its accounts for the year under the rules for the time being in force, call a general meeting of its members' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(a)(i), (w.e.f. 14-2-2013).]:[* * *] [This proviso was deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(a)(li), (w.e.f. 14-2-2013).][Provided that, where such meeting is not called by the society, the Registrar or any officer authorised by him may call such meeting in the manner prescribed and that meeting shall be deemed to be a general body meeting duly called by the society,] [These words were substituted for the words 'Provided further that if in the opinion of the Registrar, no such extension is necessary, or such meeting is not called by the society within the extended period (if any) granted by him the Registrar or any person authorised by him may call, such meeting in the manner prescribed, and that meeting shall be deemed to be a general meeting duly called by the society,' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(a)(iii), (w.e.f. 14-2-2013).] and the Registrar may order that the expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by such person or persons who in the opinion of the Registrar, were responsible for the refusal or failure to convene the general meeting.(2)[ At every annual general body meeting of a society, the committee shall lay before the society,-(i)a statement showing the details of the loans, if any, given to any of the members of the committee or any member of the family of any committee member, including a society or firm or company of which such member or members of his family is a member, partner or director, as the case may be; the details of repayment of loan made during the preceding year and the amount outstanding and overdue at the end of that year;(ii)annual report of its activities;(iii)plan for disposal of surplus;(iv)list of amendments of the by-laws of the society, if any;(v)declaration regarding date and conduct of its election of its committee, when due;(vi)audit report of the preceding financial year;(vii)rectification report of earlier audit;(viii)annual budget for next year;(ix)any other information required by the Registrar in pursuance of any of the provisions of the Act and rules; and(x)such other business will be transacted as may be laid down in the bylaws and of which due notice has been given.Explanation I. - For the purposes of this sub-section, the expression "family" means a wife, husband, father, mother, brother, sister, son, daughter, son-in-law or daughter-in-law;Explanation II. - In the case of a society not carrying on business for profit, an audited income and expenditure account shall be placed before the society at the annual general body meeting instead of audited profit and loss account, and all references to audited profit and loss account, and to "profit" or "loss" in this Act, shall be construed in relation to such society as references respectively to the "excess of income over expenditure", and "excess of expenditure over income.] [Sub-section (2) was substituted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(b), (w.e.f. 14-2-2013).](2A)[ Every society shall, appoint an auditor or auditing firm from a panel approved by the State Government in this behalf in its annual general body meeting having such minimum qualifications and experience as laid down in section 81, for the current financial year and shall also file in the form of return to the Registrar, the name of the auditor appointed and his written consent for auditing the accounts of the society within a period of thirty days from the date of the annual general body meeting :Provided that, the same auditor shall not be appointed for more than three consecutive years by the annual general body meeting of the same society.] [Sub-section (2A) was inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(c), (w.e.f. 14-2-2013).](3)There shall be attached to every balance sheet laid before the society in general meeting, a report by its committee with respect to (a) the state of the society's affairs; (b) the amounts, if any, which it proposes to carry to any reserve either in such balance sheet, or any specific balance sheet; and (c) the amounts, if any, which it recommends, should be paid by way of dividend, bonus or honoraria to honorary workers. The committee's report shall also deal with any charges, which have occurred during the year for which the accounts are made up, in the nature of the society's business the committee's report shall be signed by its Chairman, or any other member authorised to sign on behalf of the committee.(4)[ At every annual general body meeting the audited balance sheet, the audited profit and loss account, audit report of the preceding financial year submitted by the auditor appointed under section 81, rectification report of earlier audit and the committee's report shall be placed for adoption and such other business will be transacted as may be laid down in the by-laws, and of which due notice has been given] [Sub-section (4) was substituted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(d), (w.e.f. 14-2-2013).](5)If default is made, in calling a [general body meeting within the period] [These words were substituted for the words 'general meeting within the period or 'as the case may be' extended period' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(e)(i), (w.e.f. 14-2-2013).] 'prescribed under sub-section (1)' or in complying with [with sub-section (2), (2A)] [These words brackets, figures and letter were substituted for the words brackets and figure 'with subsection (2),' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(e)(ii), (w.e.f. 14-2-2013).], (3) or (4) the Registrar may by order declare any officer or member of the committee whose duty it was to call such a meeting or comply [with sub-section (2), (2A)] [These words brackets, figures and letter were substituted for the words brackets and figure 'with subsection (2),' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(e)(ii), (w.e.f. 14-2-2013).], (3) or (4) and who without any reasonable excuse failed to comply with any of the aforesaid sub-sections disqualified for being elected and for being any officer or member of the committee for such period [not exceeding five years] [These words were substituted for the words 'not exceeding three years' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(e)(iii), (w.e.f. 14-2-2013).], as he may specify in such an order and, if the officer is a servant of the society, impose a penalty on him to [pay] [This word was inserted by Maharashtra 33 of 1963, Section 16(d).] an amount not exceeding [five thousand, rupees] [These words were substituted for the words 'one hundred rupees' by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 42(e)(iv), (w.e.f. 14-2-2013).]. Before making an order under this sub-section, the Registrar shall give, or cause to be given, a reasonable opportunity to the person concerned of showing cause against the action proposed to be taken in regard to him.(6)Any penalty imposed under sub-section (5) or under [section 76] [This was substituted for the words, 'the next succeeding section' by Maharashtra 20 of 1986, Section 38(b)(i).], may be recovered in the manner provided by the [Code of Criminal Procedure, 1973] [These words and figures substituted for the words and figures 'Code of Criminal Procedure, 1898', by Maharashtra 20 of 1986, Section 38(b)(ii).], for the recovery of fines imposed by a Magistrate, as if such fine was imposed by the Magistrate himself.
