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CS Professional · CSR and Social Governance · Model Code for Meetings of Non-Corporate Entities

Lokhit Sewa Society, a registered society, has a governing body of 12 members. Its bye-laws are silent on the minimum attendance needed for a valid meeting. The governing body adopts a model code by resolution. In applying the code, which approach is correct for a governance-minded secretary?

The secretary should follow the adopted code's standards for quorum, notice and minutes, while making sure they do not contradict the society's registration law or bye-laws. The code fills the gap left by silent bye-laws but remains subordinate to the statute.

  1. ATreat the adopted code as a binding statute that overrides the Societies Registration law
  2. BFollow the code's procedural standards for quorum, notice and minutes as adopted, while ensuring nothing contradicts the society's registration law or bye-lawsCorrect
  3. CIgnore the code because societies cannot adopt any external standard
  4. DApply the quorum rules for public companies from the Companies Act, 2013 as mandatory law

Explanation

Where bye-laws are silent, a body may adopt model procedures by resolution, and they then guide its meetings. They remain subordinate to the registration statute and bye-laws, so contradictions must be avoided. Treating the code as statute or importing company law mandatorily is wrong since neither applies to societies by default.

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