Section 49 in The M.P. Co-Operative Societies Act, 1960
49. Annual General Meeting.
- [(1) [Every Society shall within three months before the close of financial year call a general meeting of its members for the following purposes of] [Substituted by M.P. Act No. 8 of 1970.] ]-(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] [Substituted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].].(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] [Substituted by M.P. Act No. 14 of 1976.] :[x x x] [Omitted by M.P. Act No. 25 of 1988 [w.e.f. 28-6-1988].][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 :] [Substituted by M.P. Act No. 5 of 1978 [w.e.f. 24-11-1977].][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.] [Inserted by Section 7(ii) of M.P. Act No. 20 [w.e.f. 7-8-1999].][(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.] [Substituted by M.P. Act No. 14 of 1990 [w.e.f. 26-4-1990].](2)Notice of such meeting shall be sent to the [Deputy/Assistant Registrar] [Substituted by M.P. Act No. 23 of 1986.] 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] [Substituted by M.P. Act No. 23 of 1986.] may himself attend such meeting or depute any officer subordinate to him to attend it.(4)The [Deputy/Assistant Registrar] [Substituted by M.P. Act No. 23 of 1986.] 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] [Inserted by M.P. Act No. 8 of 1970.] :][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.] [Substituted by M.P. Act No. 25 of 1988 [w.e.f. 28-6-1988].](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.] [Inserted by M.P. Act No. 14 of 1976.][Explanation. [Substituted by M.P. Act No. 25 of 1988 [w.e.f. 28-6-1988].] - 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.(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] [Substituted by M.P. No. 12 of 1994 [w.e.f. 8-5-94].].[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 twelve months.] [Substituted by M.P. Act No. 14 of 1990 [w.e.f. 26-4-1990].][(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 Madhya Pradesh 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.] [Inserted by M.P. Act No. 25 of 1988 [w.e.f. 28-6-1988].][x x x] [Sub-sections (7-B) and (7-C) omitted by M.P. Act 25 of 1988 [w.e.f. 28-6-1988].](8)[(i) It shall be obligatory on the outgoing committee of the society to hold elections prior to the expiration of the term under sub-section (7-A) or extended term under sub-section (7-AA). The outgoing committee shall apply to the Registrar for holding election within a reasonable time which shall not be in any case less than ninety days before expiration of the term of the committee :Provided that if the outgoing committee has resolved and requested the Registrar to hold election at least ninety days in advance and the Registrar has failed to conduct elections on its request, the Registrar shall not assume charge of the committee and the members of the committee shall continue to hold the offices :Provided further, that if the Registrar fails to conduct elections of the committee within ninety days from the date of expiry of the term of the committee, the committee of the society shall appoint returning officer who shall conduct the election of the committee within 180 days from the date of the expiry of the term.(ii)If the committee fails to hold election and has not handed over the charge on expiration of the term, under sub-section (7-A) or extended term under sub-section (7-AA) to the Registrar or any officer authorised by him on his behalf, all the members of the committee shall be deemed to have vacated their seats and the Registrar shall assume charge and hold election as early as possible.](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] [Omitted by M.P. Act No. 12 of 1994 [w.e.f. 8-5-1994].].
