Diploma In Society Management Module I – Formation And Agms

Formation of Housing Societies

The formation of a housing society is governed by the Maharashtra Co-operative Societies Act, 1960, and its associated rules and bye-laws. This section covers the step-by-step procedure for the establishment of a society, beginning from the initial intent of residents to the formal registration of the society with the Registrar.

• Eligibility and Requirements: Understanding the minimum number of members, documentation required, society classification, and builder obligations.
• Promoter and Builder Responsibilities: Role of the promoter under MOFA/RERA, handing over documents, conveyance, and formation timelines.
• Documentation for Registration: Application forms, affidavits, society resolutions, proof of ownership, project layout, and supporting documents.
• Registration Process: Submission to the Registrar, scrutiny, compliance observations, and issuance of the Registration Certificate.
• Post-Registration Requirements: Opening bank account, adopting bye-laws, appointing provisional managing committee.

Annual General Meetings (AGMs)

AGMs form the backbone of a society’s governance and are mandatory under the MCS Act and Society Bye-Laws. This section provides detailed guidance on statutory timelines, agenda items, quorum, resolutions, and the responsibilities of the managing committee.

• Statutory Timeline: AGMs must be conducted every year before 30th September, unless extended by the Registrar.
• Notice and Agenda: Drafting and issuing notices 14 days in advance, preparing agendas as per bye-law requirements, and circulating documents.
• Mandatory AGM Agenda Points: Adoption of accounts, budget approval, auditor appointment, review of the working of the committee, compliance status, and decision-making on society affairs.
• Quorum Requirements: Understanding valid quorum, adjourned meetings, and the legal implications of insufficient attendance.
• Conducting the Meeting: Role of the Chairperson, recording minutes, member participation, voting procedures, and passing resolutions.
• Post-AGM Compliance: Filing annual returns, audit reports, elections (if applicable), and maintaining statutory registers.

Legal and Procedural Framework

This section explains the legal foundation governing society formation and AGMs, ensuring participants understand compliance obligations and procedural integrity.

• Provisions under the Maharashtra Co-operative Societies Act, 1960.
• MCS Rules, 1961, governing meetings and documentation.
• Society bye-laws relating to governance, elections, AGMs, and maintenance of records.
• Registrar’s powers and responsibilities in overseeing society functions.
• Consequences of non-compliance with statutory AGM requirements.