garibnathsah
22 June 2008 at 21:27
Dear sir/madam,
I have been told that no rectification(correction) can be done on the stamp paper as it is prohibited under the Stamp Paper Act. Is it true? If yes,then, under which section and under which particular act it is prohibited.
kindly help me in this regard.
with thanks.
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
ATUL
22 June 2008 at 21:10
MY CARD WAS MISUSE ON THE INTERNET AND AFTER THE BANK INFORMED ME AND SENT ME THE DETAILS VIA MAIL I FILED A COMPLANE WITH MY POLICE STATION AND THE INVESTEGTION IS UNDER PROGRESS AND THE BANK TOO IS AWARE OF THE INVESTIGTION, BUT OFF LATE THE BANK TOO HAS PUT REQUEST TO MY POLICE SATION TO FILE A COMPLANE OF CHEATING, REQUESTED TO CONFIRM WHAT IS TO BE DONE
aj
22 June 2008 at 19:29
small trading firm with only one employee.the employee was employed some 14 years back without appointment letter,then he left without resignation.came back 4 years back and now again leaving.no records are maintained for the employee like attendance,leave,resignation,etc.just that he used to get our bearer cheques encashed in his name for us from time to time.lic policy letters come at our address.some relatives of his working in nearby firms are ready to give their approval in court saying he was working with us.apart from this what else is required by the employee to prove his relationship with us to claim his settlement amount.is it possible for him to forge his appointment letter and blackmail us.is it possible for us to still win the case in the labour office.people are advising to abstrain from accepting his being employed with us
Tabassum Dalvi
22 June 2008 at 19:08
whether leave to sue the partners individually can be allowed where there is an award against the parnership firm in arbitration proceedings during which the partners were not served with the notices or summons?
satish
22 June 2008 at 16:07
Hi,all
kindly send any patent specification and claims regarding ref material
ankit gupta
22 June 2008 at 15:12
respected sir/mam
please tell me the formalities required to establihs a NGO in east delhi area.
what all is required for the same.
are there any ristrictions or obligations to be fullfilled before setting up the NGO.
thanking you
regards
ankit
ankit gupta
22 June 2008 at 15:07
RESPECTED SIR/MAM
WE ARE PLANING TO OPEN A NGO fOR THE UNDERPRIVILEDGE CHILDRENS,i want to know that what is the procedure to get the tax exemptions under section 80g of the income tax act.and what is the procedure to do the same so that whosoever gives any donation in our Ngo gets that benefit.
thanks
regards
ankit gupta
22 June 2008 at 15:07
RESPECTED SIR/MAM
WE ARE PLANING TO OPEN A NGO GOR THE UNDERPRIVILEDGE CHILDRENS,
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