The episode of delinking of NCCT from NCUI is creating serious situations for co-op training across states with state co-op unions of several states staking claim over ICMs in their respective states. The latest is Madhya Pradesh State Co-op Union which has served a notice of rent of Rs 5 cr to the ICM Bhopal.
The notice says that since ICM Bhopal is no longer a part of National Cooperative Union of India (NCUI), with which the state co-op union entered into agreement on usage of buildings way back in 96-97, it is incumbent on the ICM to either pay rent or vacate the premises.
It bears recall that in 1991 the state granted a land of 4.5 acre to state co-op union which in turn entered into agreement with NCCT-NCUI. It was proposed that while the land will be from the state co-op union, Centre would invest Rs 10 cr through NCCT-NCUI to build the training institute, hostel etc.
After the buildings were constructed the state co-op union signed another agreement in 96-97 with NCUI (word NCCT was omitted unlike 1991 agreement) and it was proposed that NCUI would use the building for co-op training through the ICM.
Now as the NCCT stands delinked from NCUI, the state co-op union has argued that the agreement stands null and void. “It does not know ICM as it like any other renter for the state union”, is the rough purport of the notice. Interestingly, the hostel which was constructed by the NCUI for its own use, was rented out to Makhanlal Chaturvedi University in 1991.
It is being said that Ritu Raj Ranjan, MD of state co-op union (as the Board was dissolved earlier) is behind all this. He is said to be desperate to please his boss the Principal Secretary. Vishwas Sarang, one of the Directors of NLCF and the incumbent cooperative minister is also said to stoke the fire.
To combat the situation ICM Bhopal has sought legal opinion. It refers to 1976 when the first seed of the co-op institute was cast. It says that the “Original agreement is between state cooperative union and NCCT. Now state cooperative union says that their agreement is with NCUI and now NCCT is not part of NCUI so they issued the letter.
On condition of anonymity some of the faculties of ICM said “On contrary State cooperative union has leased out hostel building which was constructed for ICM. It was leased out to Makhanlal Chaurvedi Univ Of Journalism and earning rental income out of this. On other hand ICM is forced to incur expense on hiring hostel on private basis.”
The ICM people also reminded that the land of 4.8 acre was given for education purposes but the state cooperative union is giving this land for marriage purpose without seeking legal permission from Nagar Nigam. “This is shameful as both the MD and Chairman are govt officers; and are openly flaunting the norms of the state govt”, they stated
ICM, Bhopal wants to put right and legal perspective on this matter which is given hereunder
1. Govt of India in 1976 conveyed to National Council for Cooperative Training, New Delhi pattern of assistance for grants from the GoI to council i.e. NCCT REPEAT NCCT. (and not to NCUI) for construction/acquisition of campus building for cooperative training college.This apparently establishes the fact that NCCT is entity that was beneficiary of the central grant and entrusted to inter into suitable agreement with MPSCU for construction of campus buildings for cooperative training college.
2 On the basis of letter of GoI NCCT and M.P. State Cooperative Union ( “MPSCU”) entered into principal agreement made in 1979 where in Secretary, NCCT, New Delhi is one party of this principal agreement. Hence this principal agreement was signed by the representative of Secretary NCCT, New Delhi who was regular employee of NCCT.
3. So when NCCT was delinked from NCUI on Feb 2018, MPSCU started making a false claim that their agreement for sharing hostel and building for training purpose is with NCUI. So they are making as sinister plan to disturb NCCT and its unit in Bhopal by making such false claim.
4.ICM Bhopal has denied claim of MPSCU to pay around 5 Cr. amount as rental as published in column above and has issued legal notice to concerned for this.
M.P. State Cooperative Union ( “MPSCU”) has no legal right to demand rental income from ICM Bhopal or NCCT as MPSCU has no legal right on administrative building. Principal agreement of 1976 says that “ if the union ( MPSCU) has invested 50% or more of the total cost of construction of the building, the ownership of buildings shall vest with the union (MPSCU).” Total investment of MPSCU in construction of building is merely Rs 50,100=00 as per record. So they can not legally claim this amount. That is the reason that they have written to NCUI and not to NCCT.
M.P. State Cooperative Union has illegally occupy the ground floor of building for their use. In the agreement of 1979 it is further clarified that NCCT) shall have exclusive REPEAT exclusive right to make use of those buildings for running training programme…”. But M.P. State Cooperative Union has given only two floors of the constructed building to ICM Bhopal which is not in accordance with the principal agreement of 1979
M.P. State Cooperative Union ( “MPSCU”) has illegally occupy the two floor and 100 bed hostel building constructed for ICM Bhopal. After completion of hostel building of ICM Bhopal it was given on rent to Makhanlal Chaturvedi university of Journlism in 1991 for one year. But since then it is in possession of same university and MPSCU has not taken initiative to vacate it from current incumbent and handed over to ICM Bhopal. Since 1991 ICM has been compelled to hire private house/hostel for providing lodging facility to participants of various cooperative training programmes adversely affecting training and development in state.
मध्य प्रदेश राज्य सहकारी संघ टैक्स की चोरी कर रहा है | सहकारी प्रबंध संस्थान के लिए बने हॉस्टल को थर्ड पार्टी को दे कर रेंटल इंकम कर रहा है और इस पर लगने वाला सर्विस टैक्स या जीएसटी नहीं चुका रहा है |
मध्य प्रदेश राज्य सहकारी संघ टैक्स की चोरी अलावा अन्य गैरकानूनी काम भी कर रहा है | सहकारी प्रशिक्षण के लिए आवंटित भूमि पर मैरेज गार्डेन चला रहा है |
मध्य प्रदेश राज्य सहकारी संघ टैक्स की चोरी अलावा अन्य गैरकानूनी काम भी कर रहा है | सहकारी प्रशिक्षण के लिए आवंटित भूमि पर मैरेज गार्डेन चला रहा है |
मध्य प्रदेश राज्य सहकारी संघ के पास धन की कमी है | संघ के कर्मचारियों को अभी तक सातवें वेतनमान नहीं दिया गया है | सेवानिवृत होने वाले कर्मचारियों को भी पूरा लाभ नहीं दिया जाता है |
इसलिए संघ इस तरह की करवाही से अपना बजेट सुधारणा चाहता है |
** राज्य सहकारी संघ का सेवानिवृत कर्मचारी
मध्य प्रदेश राज्य सहकारी संघ के वर्तमान प्रबंध निदेशक विभाग मे अपनी लोकप्रियता बड़ाने के लिए इस तरह के सस्ते हथकंडे अपना
रहे है
M.P. State Cooperative Union has been established for cooperative training and development in state but it has been involved with legal battle with not only ICM Bhopal but M.P. State Marketing Federation also. State Marketing Federation denied them to pay education fee as state cooperative union was not doing any training activity.
मध्य प्रदेश मे सहकारी प्रबंध संस्थान प्रशिक्षण का बेहतर काम कर रहा है | उसे तत्काल हॉस्टल और पूरा ऑफिस भवन सौप देना चाहिए |
It has been leant that for renting vacant space in campus for marriage and other social function, renting out hall inside the building, state cooperative union is not following norms set by National Green Tribunal (NGT), has not taken license from Pollution Control Board and Municipality of Bhopal. This is totally mess up of system.
ICM, Bhopal is providing excellent training programme to farmers, cooperative personnel and cooperative leaders of M.P. and Chattisgarh. They should not be disturbed like this for petty and ill-motivated issues.
M.P. State Cooperative Union has lost its land and building at Agar Malwa center, Jabalpur Center and Chhtarpur. So they wanted to grab the land and building in the Bhopal which has joint ownership between state cooperative union and NCCT.
M.P. State Cooperative Union has lost its land and building at Agar Malwa center, Jabalpur Center and Chhtarpur. So they wanted to grab the land and building in the Bhopal which is in joint ownership between state cooperative union and NCCT.
Right now principal secretary cooperation, Govt of M.P. is heading state cooperative union. Despite state cooperative union is engaged in illegal activity. Agreement of year 1994 sighted by M. P. State Cooperative Union has no locus standi. M. P. State Cooperative Union can not trade legally.
MPSCU is generating revenue by renting hostel building of ICM Bhopal to third party where as ICM Bhopal is unnecessary incurring the outgo of govt budget. It is not fair. Trainees of ICM Bhopal is suffering for boarding and lodging due to this.
# Past trainee of ICM Bhopal
मध्य प्रदेश मे सहकारी प्रबंध संस्थान प्रशिक्षण का बेहतर काम कर रहा है | उसे तत्काल हॉस्टल और पूरा ऑफिस भवन सौप देना चाहिए |
MPSCU become service provider to third party. Since MPSCU is not conducting any residential cooperative training programme and not using same hostel building for own purpose, so such activity of MPSCU comes under the taxable provisions of Service Tax under Finance Act(2),1994. Even GST Act, 2017 encompass the training activity of MPSCU. It has been learnt that MPSCU has been neither complying Service Tax Act 1994 on rental income of hostel nor complying GST Act 2017 on rendering training activity.
C.A. Agrawal
MPSCU is purposely overlooking the principal agreement of 1979 and selectively using those para of secondary agreement of 1994 which are in favour of MPSCU. Name of NCUI has been wrongly inserted instead of name of NCCT to create purposeful confusion. MPSCU taking help of supplementary agreement of 1979. NCUI is not a party to the agreement of 1976 so can not be party to further agreement. This entire game plan is orchestrated on the evil design of cooperative leaders who want to destabilize the cooperative training in M.P.