WHETHER A NEW AGENDA CAN BE INCLUDED IN THE NOTICE OF AGM OF COOP. SOCIETIES ?
SRIPRAKASH BHATTACHARYA
(Querist) 22 June 2008
This query is : Resolved
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
Manish Singh
(Expert) 23 June 2008
Firstly look into the fact what your by-laws say about this. also go into the said act if any relevant issues could be traced.
if it is silent over the same, then at the said meeting, with approval of the board members you can pick up those issues. also make amendments to your by-laws regarding the same.
the said meetinfg shall be valid.
KamalNayanSaxena
(Expert) 26 June 2008
Normally all the executive powers are vested in the post of secretary. He can issue the said notice if the election is required as per schedule.
General house has wide powers, such an important issue may also be raised and decided in the general meeting, even without notice.
Computation of period is mere technical disability, the decision on the issue shall be valid if passed by majority as per constitution of society.
