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Bare acts > Maharashtra Co-operative Societies Act, 1960 > Section 75
 
  


 

75. Annual general meeting.- (1) Every society shall, within a period of 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:


Provided that, the Registrar may, by general or special order, extend the period for holding such meeting for a further period not exceeding three months however, in the case of the specified societies and urban co-operative banks such extension shall be granted only after recording the reasons in writing and after obtaining the previous approval of the Government for granting such extension.


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, 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 meeting of a society, the committee shall lay before the society statement showing the details of the loans (if any) given to any of the members of the committee or any member of the family as defined in the Explanation to clause (v) of sub-section (1) of section 73FF of any committee-member (including a society or firm or company of which such member or member of his family is a member, partner or director, as the case may be), and the details of re-payment of loan made, during the last preceding year and the amount outstanding at the end of that year, and a balance sheet and profit and loss account for the year in the manner, prescribed by the Registrar by general or special order for any class or classes of societies.


Explanation.—In the case of a society not carrying on business for profit; an income and expenditure account shall be placed before the society at the annual general meeting instead of profit and loss account, and all references to 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".

(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 meeting the balance sheet, the profit and loss account the audit memorandum submitted by the auditor appointed under section 81 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.

(5) If default is made, in calling a general meeting within the period or 'as the case may be' extended period 'prescribed under sub-section (1)' or in complying with subsections (2), (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), (3) or (4) and who without any reasonable excuse failed to comply with any of the aforesaid subsections disqualified for being elected and for being any officer or member of the committee for such period not exceeding three years, 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 an amount not exceeding one hundred rupees. 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 8section76, may be recovered in the manner provided by the9 Code of Criminal Procedure,1973, for the recovery of fines imposed by a Magistrate, as if such fine was imposed by the Magistrate himself.

 

 

 

 

 

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