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Resolution under no quorum
11 months ago
Board members are repeatedly avoiding meetings or not signing resolution. I am a board member and also secretary. I want to sell my flat, but other members are not cooperating officially, Verbally they say we are fine, but not issuing NOC and not accepting resignation. In case of AGM/ special general meeting, under WB co-operative society rule 2011, it is said no quorum is required if meeting is postponed. In that case, under no quorum, can secretary alone sign resolution giving himself NOC, and submitting the resignation. The resolution also has to say who will sign as witness during sell registration
A.Dear Client,
To transfer a house, land or apartment in a Cooperative society in West Bengal you need permission of the Society as provided under Rule 131 (3) of the WBCS Rules 2011 read with Section 92 of the WBCS Act 2006. On denial of permission/NOC to a member of the registered Society, the following steps may be taken by the aggrieved member-
1) If the Society is asking for a donation amount of more than 0.5% (prescribed under Order No. 2522 dated 23rd June 2003 of the Cooperation Department) of the Sale Value from either the transferor or the transferee then you should write to the Society and state that you cannot pay the amount as it is illegal.
2) If the Society rejects the proposal for transfer then you may refer the dispute to Registrar within 30 days from such refusal. The limitation period to appeal to the Registrar (when Society does not reply) is 60 days from the date of application for transfer to the Society.
3) If the Registrar fails to grant permission to transfer the house, flat, land or apartment then you may also appeal to the Co-operative Tribunal within 30 days from the date on which the order of the Registrar is communicated as provided under Third Schedule of the WBCS Act 2006.
Alternate Courses of action a member can opt to resolve the matter-
1) you may pay the donation amount asked for by the Society (in excess of 0.5% of the sale value) upfront to allow the transfer to occur smoothly and thereafter you may apply to the Registrar and seek recovery of the amount with interest.
However, you must apply within 3 years and preferably immediately after the transfer has been completed.
2) Please note that when you pay the amount seek a receipt for the same and before paying the amount send at least one letter to the Society objecting to paying the amount so that you can prove later that you paid the donation money under duress, distress, and coercion.
3) Always keep notices, receipts and letters forwarded and received from the Society. Always try to send letters by registered post or speed post with A/D so that you can track the delivery of such letters.
4) Once the transfer has been completed and if you have paid the excess donation amount then you may immediately refer the dispute under Section 102(1) of the WBCS Act 2006 to the Registrar or Deputy Registrar of Co-operative Societies, West Bengal in written format for recovery of the amount. You may appoint an advocate or any person to apply on your behalf.
For further assistance you need in th matter you may contact our legal team with all the relevant papers.
To transfer a house, land or apartment in a Cooperative society in West Bengal you need permission of the Society as provided under Rule 131 (3) of the WBCS Rules 2011 read with Section 92 of the WBCS Act 2006. On denial of permission/NOC to a member of the registered Society, the following steps may be taken by the aggrieved member-
1) If the Society is asking for a donation amount of more than 0.5% (prescribed under Order No. 2522 dated 23rd June 2003 of the Cooperation Department) of the Sale Value from either the transferor or the transferee then you should write to the Society and state that you cannot pay the amount as it is illegal.
2) If the Society rejects the proposal for transfer then you may refer the dispute to Registrar within 30 days from such refusal. The limitation period to appeal to the Registrar (when Society does not reply) is 60 days from the date of application for transfer to the Society.
3) If the Registrar fails to grant permission to transfer the house, flat, land or apartment then you may also appeal to the Co-operative Tribunal within 30 days from the date on which the order of the Registrar is communicated as provided under Third Schedule of the WBCS Act 2006.
Alternate Courses of action a member can opt to resolve the matter-
1) you may pay the donation amount asked for by the Society (in excess of 0.5% of the sale value) upfront to allow the transfer to occur smoothly and thereafter you may apply to the Registrar and seek recovery of the amount with interest.
However, you must apply within 3 years and preferably immediately after the transfer has been completed.
2) Please note that when you pay the amount seek a receipt for the same and before paying the amount send at least one letter to the Society objecting to paying the amount so that you can prove later that you paid the donation money under duress, distress, and coercion.
3) Always keep notices, receipts and letters forwarded and received from the Society. Always try to send letters by registered post or speed post with A/D so that you can track the delivery of such letters.
4) Once the transfer has been completed and if you have paid the excess donation amount then you may immediately refer the dispute under Section 102(1) of the WBCS Act 2006 to the Registrar or Deputy Registrar of Co-operative Societies, West Bengal in written format for recovery of the amount. You may appoint an advocate or any person to apply on your behalf.
For further assistance you need in th matter you may contact our legal team with all the relevant papers.
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A.Dear Sir,
You may get issue a legal notice and convey your feelings about their conduct and their NOC is only for limited purpose and they cannot restrain you from selling the property.
You may get issue a legal notice and convey your feelings about their conduct and their NOC is only for limited purpose and they cannot restrain you from selling the property.
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