SRIPRAKASH BHATTACHARYA
22 June 2008 at 21:10
DEAR SIRS.
AS PER THE ‘WEST BENGAL CO-OPERATIVE SOCIETIES ACT, 1983’ IT IS WRITTEN UNDER :-
SECTION – 5, THAT THE PROVISIONS OF THE COMPANIES ACT, 1956 (1 OF 1956) SHALL NOT APPLY TO THE CO-OPERATIVE SOCIETIES.
SECTION – 25(1), THAT EVERY CO-OPERATIVE SOCIETY SHALL HOLD AT LEAST ONCE IN EVERY CO-OPERATIVE YEAR A GENERAL MEETING TO BE CALLED THE ANNUAL GENERAL MEETING (AGM) FOR:
a. ELECTION, IF ANY, IN THE PRESCRIBED MANNER, OF THE DIRECTORS OF THE BOARD
b. CONSIDERATION AND RECORD OF THE PROCEEDINGS OF THE LAST AGM
c. APPROVAL OF BUDGET, CONSIDERATION OF ANNUAL REPORT AND PROGRAMME ACTIVITIES OF THE COOP. SOCIETY FOR THE FOLLOWING COOP. YEAR PREPARED BY THE BOARD.
d. CONSIDERATION OF THE AUDIT REPORT
e. CONSIDERTAION OF ANY REPORT OF INSPECTION OR ENQUIRY
f. 1. CONSIDERATION OF MATTERS RELATING TO LOANS AND ADVANCES MADE TO THE DIRECTORS OF THE BOARD ETC.
2. APPROVAL OF APPOINTMENTS, IF ANY, OF THE RELATIVES OF DIRECTORS OF THE BOARD
g. DISTRIBUTION OF NET PROFITS, IF ANY + FIXATION OF BORROWING LIMITS
h. CONSIDERATION OF ANY OTHER MATTER WHICH MAY BE BROUGHT AT THE MEETING IN ACCORDANCE WITH THE RULES AND BYE LAWS
SECTION – 25(2), IF THE AUDIT REPORT FOR THE IMMEDIATELY PROCEEDING COOP. YEAR IS NOT REDAY BEFORE THE DATE FIXED FOR THE AGM, THE COOP. SOCIETY SHALL HOLD A SPECIAL AGM OR SHALL CONSIDER IT IN THE NEXT AGM
SECTION – 25(3), ON THE FAILURE OF THE BOARD TO CALL GENERAL MEETING WITHIN TWELEVE MONTHS FROM THE DATE OF LAST AGM, THE REGISTRAR SHALL CALL, OR AUTHORISE ANY OF HIS OFFICER TO CALL, A GENERAL MEETING WITHIN A PERIOD OF THREE MONTHS FROM THE DATE OF EXPIRY OF AFORESAID 12 MONTHS. AND
RULE – 18, THAT THE NOTICE OF AGM SHALL BE SENT TO EVERY MEMBER NOT LESS THAN TWENTY-ONE DAYS BEFORE THE DATE OF MEETING.
MY ISSUE:
OURS COOPERATIVE HOUSING SOCIETY HAS 264 MEMBERS (SITUATED IN KOLKATA) AND THE AGM HAS BEEN SCHEDULED ON 13.07.2008 AND ACCORDINGLY NOTICE VIDE DATED 20.06.2008 HAS ALREADY BEEN ISSUED TO THE MEMBERS BY THE SECRETARY. UNFORTUNATELY, SINCE THE SECRETARY IS EGOISTIC AND DOES NOT HAVE ANY KNOWLEDGE ON THE COOP. ACTS, RULES AND BYE LAWS (OUR BYE LAWS IS ALSO BASED ON THE ABOVE ACTS AND RULES) DID NOT CONSULT OR SHOWED THE NOTICE BEFORE ISSUE TO SUCH DIRECTORS WHO ARE CONVERSANT WITH THE COOP. ACTS AND RULES.
UNFORTUNETALY, IN THE ABOVE NOTICE UNDER THE HEAD ‘AGENDAS’ THE ISSUE OF ELECTION OF SIX DIRECTORS (WHICH IS SCHEDULED TO BE HELD DURING THE AGM TO BE HELD ON 13.07.2008 AND IT SHOULD HAVE BEEN AN IMPORTANT AGENDA TOO) HAS NOT BEEN INCLUDED IN THE AGENDA LIST OF THE NOTICE.
NOW THE SECRETARY IS GOING TO INCLUDE THIS AGENDA OF ELECTION (A FRESH INSERTION) BY ISUUING A COORECTION LETTER TO THE MEMBERS ON 23.06.2008.
NOW MY QUESTION IS THAT:
1. WHETHER THE SECRETARY CAN ISSUE SUCH A COORIGENDUM ADDING A NEW AGENDA (ELECTION OF SIX DIRECTORS) IN THE NOTICE, WHICH HAS ALREADY BEEN ISSUED AND COUNT DOWN OF 21 DAYS HAVE ALSO STARTED.
2. IF SO, IS IT LEGAL AS PER THE LAW.
3. SHOULD WE NOT BRING THIS ISSUE TO THE NOTICE OF THE REGISTRAR OF COOP. SOCIETIES OF GOVT. OF WEST BENGAL
I SHALL BE GRATEFUL IF AN EARLY REPLY IS POSTED.
THANKS.
Sriprakash Bhattacharya
Email: bhattacharyasriprakash@gmail.com
bhattacharyasriprakash@rediffmail.com
Tel: 033-24173756 / 24228714
(M) 09836310615
jayati
20 June 2008 at 22:03
an advocate has given his opinion regurding one property which was morgaged before a nationalised bank. this property was concidered as colateral security. after fulfilling all RBI guidelines bank advanced loan to that company but unfortunately the property document which was givan by bank was fake,now the bank initiated legal actions against that lawwer alleging that due to his negligence bank surrered loss and filled a case before state consumer and claiming 1 crore as damarage.What protection can that lawyer can take?is there any judgement in national consumer forum or suprem court of india?
Kunalan
20 June 2008 at 20:13
I have to apply for a fresh passport.My permanent address is at Erode and my temporary address is Chennai.I am working here in Chennai.Is it possible for me to apply for a passport at Erode with my temporary address as Chennai.What are the additional procedures if so?
Mukul Aggarwal
20 June 2008 at 10:36
Sir,
How to calculate stamp duty on amended partnership deed where 4 person are becoming partners in the firm with the capital of 10 thousand each...
neelam desai
19 June 2008 at 17:11
what is the difference between registered mortgage and equitbale mortgage
Legal_Query
19 June 2008 at 14:08
Sir,
pls suggest website or journal which specifically deals with mining and mining related issues in India, like case laws, judgments, notifications, proceedural laws etc.
rgds
VINAY B. SHUKLA
18 June 2008 at 23:08
What is Impact of Nullity of Judgments. What are Impact if any Judgment is void ab initio. Are there any Citations.
satan
18 June 2008 at 20:44
I am a law graduate from Delhi Univ. I am not on the rolls of any Bar council as I am in Govt. service and cannot get enrolled. I want to know whether there is any way I can keep in touch with law and legal practice while on this job.I also want to know whether there is any age bar for registration in Bar councils?
Thanks
umapathi.s
18 June 2008 at 14:43
sir,the bank has initiated proceedings under securitisation Act against me for non-payment of loan installment after wrongfully terminating me from service. the loan was sanctioned to me under staff category at concessional rate and repayment was used to be deducted from my salary. After wrongful termination from service, the matter is before the High Court and now is at final stage of hearing. during this process I was out of salary and hence my loan was treted as NPA on account of non-payement of installment linked to salary. despite my request bank is continuing its proceedings for symbolic possession under the ACt. I am unable to pay any amount due to severe financial problems. I am requesting the bank to wait till the disposal of the case before the High Court of Karnataka which can decide about my reinstament and backwages so that incase of favourable order, I can pay out of the backwages towards the overdue.morevoer, I am requesting the bank to adjust the overdue from my PF Balance laying with the bank. since the bank had taken Lien on my PF at the time of relaese of Loan so that I may be relieved of my immediate possession of property.so, i am in fix since the bank is neither waiting till the dispoal of the case before the High Court nor giving me my retirement benefits . they are maintaining that PF is additional SEcurity and the case before the High court is independent action and can't be linked to Securitisaiton Proceedings.What are my alternative ? kindly advise with any decision of the earlier court judgement.can the bank continue its proceddings when the matter of employee and employeer relationship is penidng to be decdided. since the Loan was sanctioned under staff Category and that relationship of staff and the bank is in dispute. please advise.
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Huge amount debited for my Card
I am using GE Money Cash Card from 02 years. Every month i am paying dues within due date only.
for this month my due date is 13/06/08
unfortunately, for this month i paid in after due date i.e 18/06/08. GE people debited my account late fee Rs.300/-after debiting late late fee my limit was exceeded
then next day again they debited Rs.500/- as overlimit fee
i agree to pay Rs.300/- as late fee and i requested to GE Customer Care for waiver of over limit fee Rs.500/- but, they just ignore my request
now, what can i do ;
pl. help me in this regard
thanks
A.S.Verma