The question of the cooperative victim - Should the company and the director take action?

Kiran Shrestha, the coordinator of Suryadarshan Sahapapidit Sangharsh Samiti, Shalikram Duwadi, the coordinator of Sahara Sahapapidit Sangharsh Samiti, and Vijay Kumar Nepal, the coordinator of Supreme Sahakapipit Sangharsh Samiti, issued a joint statement on Friday and demanded the government to return the investments in those companies . The

statement said, 'Billions of rupees of cooperatives operated by GB Rai Group, our agricultural cooperatives, Suryadarshan of Pokhara, Swarnalakshmi of Kathmandu, Sahara of Chitwan, Supreme of Butwal, Sanopaila of Birgunj and Samana Cooperative of Nepalgunj cannot be invested against the laws of the Government of Nepal and the Cooperative Act. This government is silent even when billions of rupees have been embezzled from thousands of savers by investing in various profitable companies and organizations. including crores of rupees loans have flowed into the company.

In the investigation report of Supreme Savings and Loan Cooperative Society Limited of Butwal, it is mentioned that crores of rupees were embezzled by providing loans to various companies with the involvement of GB Rai group. After problems were found in Sahara Multipurpose Cooperative Society Limited of Chitwan, it appears that crores of rupees have been misappropriated in 9/10 companies with the connivance of GB Rai and others.

080 On 4th Chaitra, the victim filed a complaint against 6 of these companies at the District Police Office, Chitwan. At that time, it was agreed to proceed with the process after providing the details of the three generations of the company. The process of registering a case against the company and its directors has not yet progressed.

In the investigation of Suryadarshan Savings and Loans Cooperative Society Limited of Pokhara in August 080 after a complaint was made to the police, it was found that crores of rupees had been invested in the name of the company with the involvement of GB Rai Group. 080 On March 22, at the District Police Office, Kaski, the complaint filed by the Suryadarshan Cooperative victim against 14 different companies has been stalled so far and has been stuck in the police office, said Kiran Shrestha, Coordinator of the Struggle Committee.

'We don't understand the secret behind not proceeding with all these actions, the directors of those companies and their trade, business and investment, the wealth and income of those companies and the current situation of the company. ,' he said, 'The reason behind this government's failure to investigate and freeze the income and assets of all those companies should be made clear to the common cooperative victims.' It is said in the statement that the government has not yet taken any concrete steps to solve the problem by returning the amount of

victim savers . It is mentioned in the statement that the regulatory bodies, researchers and legal guardians who are supposed to solve the problems of cooperatives are influenced by the government and stand as a barbed wire on the way of the victims to get justice.

It is mentioned in the statement that while using various companies and private companies to invest the savings of the cooperative in the profitable sector, in some cases, the director himself is the owner of those companies in a malicious manner. Some other people are the directors of those companies . While the savings of cooperatives are being embezzled, it has been found that in some cases, the directors and former directors of the cooperatives are limited to misappropriating funds and misusing savings by using other people without showing their direct participation .

Section 30 of the Cooperative Act, 2074 states that to become a member of a cooperative, one must reside within the working area, be a cooperative school, a community school, or a service organization. In other words, it has been arranged that a profitable private company cannot be a member of a cooperative. The law does not allow any company or private company to provide membership and cannot be a member.

Section 50 of the Cooperative Act provides that savings and loan transactions should be done on a member-centric basis. It is stated in sub-section (1)- Co-operative society can only accept the savings of its members, mobilize them and provide loans only to the members . That is, other than the members cannot take loans . Cooperatives cannot provide loans to any company or private company. It is illegal for a person to take a loan on behalf of a company or private company contrary to the said provision.

Section 122 (T) of the Co-operatives Act commits an offense if anyone does or does not do any work, solicits or does any work, takes or gives any kind of money, or does or does any act with malice that causes illegal benefit or damage, with the intention of causing damage to the cooperative organization. It is mentioned that it is considered. Section 124 (1) (d) of the Cooperative Act provides for four years to six years imprisonment in case of violation of more than one crore rupees up to 10 crore rupees, six years to eight years imprisonment above 10 crore rupees .

Article 30 of the Civil Code of Criminal Procedure 2074 has a legal system that provides for the criminal liability of those who commit crimes committed by organized organizations. Director, Managing Director, General Manager of the company Being an executive position, there is criminal liability.

'It seems that the directors and others of any company cannot be exempted from criminal liability while taking loans,' the statement said, 'Thus, even though our current law is mentioned in the law, we are thousands of co-operative owners, some two or four co-operative owners or companies with wrong intentions. While being cheated by the operator, this government has not noticed . As no investigation and action process has been carried out, a question mark has been raised about the justice of the savers who have been victimized.' The victim has accused the government and concerned authorities of playing with the pain and feelings of the savers and making them into a maze of meaningless things. In the statement, objections have been expressed to the police administration and various agencies of the government for the need to coordinate and facilitate the demand for the return of savings, causing more unnecessary suffering, psychologically discouraging, and not taking complaints.

'They are trying to confuse us again by putting us in a maze. There should be no way for us to give assurances to the victims and let those who commit co-operative frauds and enjoy themselves with sweat money escape and cover up," the statement said, "if such a situation occurs, more pain will be added to the wounds of the victims . Therefore, Taltu is not a guarantee, but immediately protect and return our funds. Those who give and take money should be punished to the extent.'