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Friday, 14 October 2022

Section 76 of MCS ACT 1960 : Special General Body Meeting

76.Special General Body Meeting

(1) A special general body meeting may be called at any time by the Chairman or by a majority of the committee and shall be called within one month—

     (i)on a requisition in writing of one-fifth of the members of the society or of members the number of which is specified in the by- laws for the purpose, whichever is lower, or

     (ii)at the instance of the Registrar, or

     (iii)in the case of a society, which is a member of a federal society, at the instance of the committee of such federal society

(2)Where any officer or a member of the committee, whose duty it was to call such meeting, without reasonable excuse, fails to call such meeting, the Registrar may by order declare such officer or member disqualified for being a member of the committee for such period 1[not exceeding five years], as he may specify in such order ; and if the officer is a servant of the society, he may impose on him a penalty not exceeding 2[five thousand 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.

(3)If a special general meeting of a society is not called in accordance with the requisition referred to in sub-section (1), the Registrar or any person authorised by him in this behalf, shall have power to call such meeting, and that meeting shall be deemed to be a meeting duly called by the committee.

(4)The Registrar shall have power to order that the expenditure incurred in calling a meeting under sub-section (3) 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 meeting.