Procedure for the First General Body Meeting and Formation of Provisional Managing Committee in a Co-operative Housing Society

8th Feb , 2026 ~ QMS

As per the provisions of the Maharashtra Co-operative Societies Act, 1960 (MCS Act), the Maharashtra Co-operative Societies Rules, 1961 (MCS Rules), and the Model Bye-Laws for Co-operative Housing Societies in Maharashtra (as amended up to 2019 and incorporating the 97th Constitutional Amendment), the following outlines the procedure for conducting the First General Body Meeting (FGBM), admission of members, and formation of the Provisional Managing Committee. This is based on key sections including Section 2(19) (definition of members), Section 73 (management vesting in committee), Section 154B (special provisions for housing societies), Rule 12 (registration process), and Model Bye-Laws Nos. 85-93 (First General Meeting) and 110-140 (Management Affairs).

1. Convening the First General Body Meeting (FGBM)

• Timeline: The FGBM must be held within three months from the date of registration of the society, as mandated under Section 154B-26 of the MCS Act (for housing societies) and Bye-Law No. 85. If the Chief Promoter fails to convene it, the Registering Authority (Deputy/Assistant Registrar of Co-operative Societies) may call the meeting under Bye-Law No. 86.
• Notice Requirement: A clear 14-day notice must be given to all promoter members and any applicants for membership, as per Bye-Law No. 87. The notice shall be sent via registered post, hand delivery, or as specified in the bye-laws, and include the agenda, date, time, and venue.
• Quorum: The quorum shall be at least two-thirds of the total members or 20 members, whichever is less, as per Bye-Law No. 99 (applicable to general meetings, including the first). If quorum is not met within half an hour, the meeting shall be adjourned to a later date with fresh notice (Bye-Law No. 100).
• Presiding Officer: The meeting shall elect a President to preside over it, as the first item of business (Bye-Law No. 88(a)(i)).

2. Membership in the Society

• Definition and Types: Under Section 2(19) of the MCS Act, a “member” includes:
  
  • Promoter members: Persons who joined in the application for registration (signing Form A – Application for Registration, and Form B – Statement accompanying the application, including undertaking to abide by bye-laws).
  • Persons admitted to membership after registration, including nominal, associate, or sympathizer members.
• Eligibility for Membership: As per Section 22 and Section 154B-2 of the MCS Act, and Bye-Law No. 17:
  
  • An individual must be at least 18 years old, competent to contract, and own or have interest in a flat/plot in the society.
  • Firms, companies, or bodies corporate may also apply if eligible under Section 22(1)(b)-(f).
  • No person shall be admitted if they are disqualified under Section 154B-23 (e.g., convicted of an offense involving moral turpitude, default in payments, or violation of society rules).
• Admission Process in FGBM:
  
  • Promoter members (those who signed Form A and B) are automatically treated as original members upon registration (Section 2(19)(a) and Bye-Law No. 88(a)(ii)).
  • Applications from owners who did not sign Form A and B but have submitted membership forms (in the prescribed format under Bye-Law No. 19, along with entrance fee of Rs. 100 and share capital) shall be considered and approved/rejected in the FGBM (Bye-Law No. 88(a)(ii)).
  • Approval requires a simple majority vote of members present and voting. Rejected applications must be communicated with reasons within 7 days (Bye-Law No. 20).
  • Upon approval, the applicant becomes a full member, entitled to rights under Section 25 (e.g., inspection of records) and Bye-Law No. 22.

3. Formation of Provisional Managing Committee

• Purpose: The FGBM shall constitute a Provisional Managing Committee to manage the society’s affairs until regular elections are held (within one year), as per Bye-Law No. 88(a)(iv). This committee has all powers of a duly elected committee under Section 73 and Bye-Law No. 111.
• Eligibility for Provisional Managing Committee:
  
  • Only members of the society are eligible (Section 73AAA and Bye-Law No. 116).
  • This includes:
    
    • Promoter members (those who signed Form A and B).
    • Newly admitted members (approved in the FGBM, who submitted membership applications prior to the meeting).
  • Disqualifications (as per Section 73CA, Section 154B-23, and Bye-Law No. 118):
    
    • Must not be a defaulter in society dues (unpaid for over three months).
    • Must not have been convicted of an offense under the MCS Act or involving moral turpitude.
    • Must not have sublet the flat without permission or been involved in disputes with the society.
    • Must meet reservation requirements: At least two seats for women, and one each for SC/ST, OBC, and VJ/NT/SBC if applicable (Section 73B and 73C; Bye-Law No. 115).
    • Associate or nominal members are not eligible unless the primary member provides a No Objection Certificate (NOC) and bye-laws permit (Section 2(19)(b) and Bye-Law No. 25).
  • Government-nominated members may be included if the society has government share capital/loan (Section 73AAA(5)).
• Strength and Composition: The committee strength varies by society size (Bye-Law No. 115):

• • Additional two government nominees if applicable (Bye-Law No. 115(d)).
• Election/Selection Process:
  
  • Nominations shall be invited in the FGBM notice or during the meeting.
  • Election by show of hands or ballot if contested (simple majority; Bye-Law No. 88(a)(iv) and Rule 71).
  • If the FGBM fails to elect the committee, the Registering Authority may nominate one, including Chairman and Secretary, for one year (Bye-Law No. 88(b)).
• Term and Handover: The Provisional Committee serves for one year or until regular elections (Bye-Law No. 91). At the end, it hands over all assets, records, and charge to the new committee (Bye-Law No. 93).
• First Meeting of Provisional Committee: To be called within 30 days by an authorized member (Bye-Law No. 88(a)(viii) and No. 121). It elects office-bearers (Chairman, Secretary, Treasurer) from among its members (Bye-Law No. 125).

4. Other Business in FGBM (as per Bye-Law No. 88(a))

• Receiving and approving accounts prepared by the Chief Promoter.
• Fixing borrowing limits.
• Authorizing conveyance of property to the society.
• Appointing internal auditor and fixing remuneration.
• Considering affiliation to housing federation.
• Any other matter with Chair’s permission (not requiring special notice).

5. Sample Draft Resolution for FGBM (for Inclusion in Minutes)

Resolution No. 1: Admission of New Members “Resolved that the applications for membership from owners who have not signed Form A and B, but have submitted the prescribed membership form along with required fees and documents, be approved as per Bye-Law No. 19 and Section 22 of the MCS Act. The Secretary is directed to issue membership certificates and update the register.”

Resolution No. 2: Constitution of Provisional Managing Committee “Resolved that a Provisional Managing Committee be constituted from among the promoter members (who signed Form A and B) and newly admitted members, in accordance with Bye-Law No. 88(a)(iv) and Section 73 of the MCS Act. The following eligible members are elected/selected: [List names and positions]. The committee shall hold office for one year or until regular elections.”

6. Compliance and Penalties

• Failure to hold FGBM or form committee may lead to penalties under Section 146 (fines up to Rs. 5,000) or disqualification of promoters (Section 78).
• All actions must align with the society’s registered bye-laws; deviations require Registrar approval.

This procedure ensures democratic formation and compliance. For society-specific adaptations, consult the registered bye-laws or the local Registrar of Co-operative Societies.

For further information, please visit www.quasoc.in or write an email on info@quasoc.in.