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2. LLB


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Submitted by Ekta Jha

I. Introduction

General meeting of the society are of 2 types-
1.Annual General Meeting
2.Special General Meeting

II. Annual General Meeting-

A. Object

Annual general meeting is to provide an opportunity to the members to know fully the state of affairs of the society.

B. Holding of the meeting- Section 75(1) of Maharashtra Co-Operative Societies Act, 1960

1.Every Society must call a general meeting of its member within 3 months from the date fixed for making up its yearly accounts under the rules.
2.According to the rules accounts are made up to the end of 30th June of each year. Hence the Annual general meeting should be held every year before 30th September.
However in case of forest labourer’s cooperative society, accounts are to be made up to the end of 30th September and therefore Annual general meeting of such societies shall be held 31st December in each year.
3.The proviso of Sub section(1) states that Registrar may extend the period of such meeting for further 3 months by general or special order.
In case of Specified societies and urban co-operative bank such extension will be granted only after obtaining previous approval of State Government and after recording the reasons for extension.
4.The second proviso of the sub section(1) states if in no opinion of the Registrar no extension is necessary or meeting is not called within the extended period, Registrar may call meeting and cost of calling such meeting shall be paid from the funds of the Society or incurred from the person or persons who were responsible for the refusal or failure to convene meeting.

C. Procedure

1.Except 1st General Meeting all other general meetings shall be conveyed by the secretary or any other authorized officer under intimation of Registrar.
2.Registrar may attend such meeting or authorize some person for the same.
3.The President or vice president or any other authorized officer shall preside over the meeting.

D. Notice of Annual General Meeting

Notice of Annual General Meeting is to be issued by the Secretary as per the bye laws. Date, time and place along with the nature of business i.e. agenda etc may be specified.

E. Quorum-

No General meeting shall be held unless minimum percentage of total number are present as per the bye laws.

F. Annual Statement of Accounts

At every Annual general meeting of a society the committee shall lay before the society a statement showing the details of -
a. the loans given to any members of the committee or any member of the family.
b. the details of repayment of loan made, during the last preceding year and the amount outstanding at the end of that year.
c. a balance sheet for the profit and loss account for the year.

G. Committee Report

In every Annual general meeting the Committee Report should be laid down with respect to-
-state of societies affairs and
-the amounts which it proposes to carry to any reserve.
-the amounts to be paid by way of dividend, bonus or honoraria to honorary workers.
The report shall be signed by chairman or any other member authorized for.

H. Other Reports(Section75(4))

At every Annual general meeting the following reports should be placed for adoption-
i. the balance sheet
ii. the profit and loss account
iii. the audit memorandum
iv. committees report

I. Default and penalty

If default is made in calling a general meeting under sub-section (1) or complying with sub-sections (2),(3) and (4) the Registrar may by order-
i. declare any officer or member of the committee who defaulted in calling such meeting or complying with sub sections 2,3 and 4 without any reasonable excuse, disqualified for being elected and for being any officer or member of the committee for the period of 3 years.
ii. if the officer is servant of the society Registrar may impose penalty on him to pay an amount of Rs100.
Before making such order the Registrar shall give an opportunity to such member or officer of showing cause against the action proposed to be taken.

Recovery of penalty - 75(6)

Penalty imposed on a member or a officer may be recovered according to the provisions of CrPC for the recovery of fines.

III. Special General Meeting - S.76

A. Object

This section enables the members of a society, Chairman, Managing Committee to convene Special general meeting for special purpose. At instance of Registrar such meeting may be called.

B. Who may call

1.1/5th of the members of the society or number of members which is specified in the bye laws for the purpose whichever is lower will request in writing for Special General Meeting.
2.At the instance of the Registrar.
3.In case of society which is the member of a federal society, at the instance of committee of such federal society.

C. Default and penalty

Any officer or member of such society has made default in calling such meeting under Section 76(1) without any reasonable excuse will be disqualified for being a member of the committee for a period of 3 years and if such person is servant, Registrar may in addition to disqualification impose penalty of Rs 100. Registrar before making such order may give an opportunity of being heard.

D. Deemed Meeting

If Special General Meeting is not called in accordance with Section 76(1) the Registrar or any other person authorized on that behalf shall have to call such meeting and that meeting shall be a meeting duly called by the Committee.

E. Expenses of Meeting

On default of society if meeting is called by the Registrar or any other person authorized in that behalf, the expenses of such meeting shall be incurred from the funds of the society, or by such person who in the opinion of Registrar are responsible for the refusal or failure to convene the meeting.

Submitted by Ekta Jha


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