It is a unique provision in section 190 of the companies act 1956, which gives a right to every member to give special notice to the company of his intention to move the resolution at a general meeting. The condition to be met is that the member shall be competent to attend the meeting and move the resolution. The procedure set out in section 190 and the matters where the facility of special notice is prescribed are outlined below:
Scope
The act has prescribed a special resolution in respect of certain proposals which require the approval of the general meeting. Such matters are important in the functioning of a company. On receipt of such a notice the company shall give its members and notice immediately or if that is not possible the company shall publish the special notice in a newspaper in English. It is not less than 7 days before the meeting.
Removal of director
The manner in which the directors may be removed by special notice from a member is laid down in section 284. A director may be removed by usual resolves. Section 188 in our act provides the manner in which a qualified minority of shareholders can give to the company notice of a resolution they propose at the next annual general meeting and they are also required to deposit a sum necessary to enable the company to send notice of the said resolution to the members.
On the other hand, section 190, which provides an opportunity to the members to give a special notice of certain types of resolutions, is a specific provision and is independent of any other provision. Any individual member has, therefore, the right under section 190 to give notice of a resolution for matters for which the requirement of special notice is specified in certain sections of the act.
Foregoing Interpretation in the U.K does not seem appropriate to provision in section 190 and the major
Section 188 in our act provides the manner in which a qualified minority of shareholders can give to the company notice of a resolution they propose at the next annual general meeting and they are also required to deposit a sum necessary to enable that the company to send notice of the said resolution to the members for their registration.
On the other hand, section 190 which provides an opportunity to the members to give a special notice of certain types of resolutions, is a specific provision and is independent of any other provision. Any individual member has, therefore, the right under section 190 to give notice of a resolution for matters for which the requirement of special notice is specified in certain sections of the act. The registration office in Coimbatore may be specified all their directors details.
