SRIPRAKASH BHATTACHARYA
08 April 2009 at 23:33
08.04.2009
DEAR SIRS,
AS PER WEST BENGAL CO-OPERATIVE ACTS, 1983 AND RULES 1987 DIRECTORS OF A BORAD ARE ELECTED BY THE GENERAL MEMEBRS AND IN TURN THE DIRECTORS ELECT THE CHAIRMAN, VICE CHAIRMAN, SECRETARY AND TREASURER ARE ELECTED BY THE DIRECTORS AMONGST THEMSELVES TO WHICH THE GENERAL MEMEBRS ARE NOT A PARTY.
‘UNDER RULE NO. 50, ‘POWERS AND DUTIES OF THE CHAIRMAN AND VICE-CHAIRMAN OF THE SOCIETEY’ IT IS WRITTEN THAT :-
"THE POWER OF THE CHAIRMAN AND VICE CHAIRMAN OF THE BOARD OF DIRECETORS SHALL HAVE THE FULL COTROL OVER THE ADMINISTRATION AND BUSINESS THE SOCIETY AND SHALL SUPERVIISE THE FUNCTIONS OF THE SOCIETY ON BEHALF THE BOARD AND SHALL HAVE POWER TO CALL ANY RECORD OF THE SOCIETY OR ANY OF THE SOCIETY OR ANY REPORT FROM THE CHIEF EX.OFFICER OR THE SECRETARY TO SATISFY HIMSELF THAT THE AFFAIRS OF THE SOCIETY HIMSELF THAT THE AFFAIRS OF THE SOCIETY ARE BEING MANAGED IN ACCORDANCE WITH THE RESOURCE OF THE BOARD.
PROVIDED THAT THE CHAIRMAN OR THE VICE-CHAIRMAN, AS THE CASE MAY BE, SHALL NOT ACT IN CONTRAVENTION OR ANY OTHER GIVEN OR DECISION TAKEN BY THE BOARD IN TS MEETING.
AND
UNDER RULE 41 B‘REMOVAL AND RECALL OF A MEMBER OF ABORAD AND AN OFFICE BEARER’ IT IS WRITTEN THAT:-
1. AN ELECTED MEMBER OF A BOARD MAY BE REMOVED (BY 2/3RD OF THE DIRECTORS) FROM THE OFFICE BY A GENERAL MEETING WITH DUE AGENDUM
2. “AN OFFICE BEARER MAY BE REMOVED FROM OFFICE BY A RESOLUTION OF THE BOARD AT A METTEING SPECIALLY CONVENED FOR THE PURPOSE”
AS IT WAS FOUND THAT THE SECRETARY OF THE BOARD WAS NOT GIVING HIS TIME TO THE WORK OF THE SOCIETY AND ALSO WORKING AGAINST THE INTEREST OF THE SOCIETY AS WELL AS THE BOARD, THE CHAIRMAN VIDE A NOTICE STATED THEREIN THAT:-
“AN EMERGENCY MEETING OF THE BOARD OF DIRECTORS WILL BE HELD ON………..AT ……PM .AT THE OFFICE OF THE SOCIETY, KOLKATA -45 TO DISCUSS THE FOLLOWING:-
*AS PER PROVISIONS CONTAINED IN RULE 50 OF THE WB COOP. SOCIETIES RULES, 1987 – WHWTHER THE AFFIRS OF THE SOCIETY ARE BEING MANAGED IN ACCORDANCE WITH THE RESOLUTIONS OF THE BOARD AND ACTION NEED TO BE TAKEN AS PER PROVISIONS CONTAINED IN RULE 41(2) OF THE wb c00P. SOCIETIES RULES, 1987 AS AN URGENT REMIDIAL MEASURES*
THE SECRETARY OF THE SOCIETY ALSO RECEIVED, ACCEPTED THIS NOTICE DULY SIGNED AND ACCORDINGLY A MEETING WAS HELD ON 11.012.2008. HOWEVER, THE SECRETARY DID NOT ATTENT THE SAME, HOWEVER, ALL OTHER DIRECTORS ATTENEDED THE SAME.
DURING THE MEETING IT WAS DISCUSSED THAT THE CHAIRMAN WELCOMED THE MEMBERS PRESENT AND INFORMED THEM THAT UNDER WHAT CICUMSTANCES THE MEETING WAS CONVENED. SHRI …………………………,(HEREIN THE SECRETARY) HOWEVER, REMAINED ABSENT WITHOUT ANY INFORMATION ALTHOGH HE RECEIVED THE NOTIVE ON ………………. AND SUBSEQUENTLY RESOLUTION WAS AS FOLLOWS:-
‘THE MEMBERS OF THE BOARD DISCUSSED AT LENGTH VARIOUS MATTERS REGARDING THE AFFAIRS OF THE SOCIETY AND THE MANNER IN WHICH THESE WERE BEING CONDUCTED. THE CONSIDERED VIEW OF ALL THE MEMBERS PRESENT WAS THAT THE SECRETARY OF THE SOCIETY, SHRI……………………..WAS NOT PROPERLY DISCHARGING THE RESPONSIBILITY AS SECRETARY IN THE BEST INETERST OF THE SOCIETY AND SHOULD THEREFORE BE REMOVED FROM THE POST OF SECRETARY WITH IMMEDIET EFFECT. ACCORDINGLY THE FOLLOWING RESOLUTION AWS PASSED UNANIMIOUSLY.’
“IT IS RESOLVED THAT SHRI………………….., SECRETARY OF ………………………………….COOPERATIVE HOUSING SOCIETY LTD. IS REMOVED FROM THE POST OF SECRETARY OF THE SAID SOCIETY WITH IMMEDIET EFFECT AS PER RULE 41(2) OF THE WBCS RULES, 1987.”
ON THIS THE SECRTARY CONTESTED AND WROTE TO THE MINISTER, RCS AND DRCS THAT HE HAS BEEN REMOVED ILLEGALLY. HE APPLIED POLITICAL INFLUENCE AND WE EXPECT AN INQUIRY BY THE DRCS.
MY QUESTION IS THAT IN RULE 41 (2) IT IS WRITTEN “MAY BE” AND NOT “SHALL BE” REMOVED. WHEN IT IS WRITTEN ‘MAY BE’ THEN IS IT MANDATORY THAT THE OFFICE BEARER, WHOM, WILL BE REMOVED HAS TO BE SPECIFICALLY TOLD ABOY THE DESIGNATION OF THE OFFICE BEARAER. IF THE DESIGNATION OF THE OFFICE BEARER IS WRITTEN, EVEN THOUGH HE MAY NOT ACCEPT/RECEIVE THE NOTICE.
MY QUESTION
m.v.n.moorty
08 April 2009 at 09:15
I am customer of electrolux washing machine which purchased from dealer who failed to provide service within guarantee period. during, the warranty period, the washing machine failed to work, immediately approached the dealer and requested dealer to provide company authorized service engineer. but, the dealer failed to do so. i issued legal notice demanding the service. no response. i filed the consumer complaint in the district consumer forum. company, dealer who failed to appear before the forum. is there any legal decision in support of my case? can you respond? is there any decision in support of my case to show before the district consumer forum?
please respond with proper.
advocate satya
07 April 2009 at 11:54
hi
there is a new platform for lawyers www.indianlawyersclub.ning.com
Shyam Ji Srivastava
07 April 2009 at 08:47
Dear Members,
Can anybody tell me IN 1909 HOW MUCH STAMP WAS REQUIRED FOR AGREEMENT IN GENERAL IN UTTAR PRADESH?
EARLY REPLY IS HIGHLY APPRECIATED.
SHYAM JI SRIVASTAVA
ADVOCATE
KANPUR
Sumita
05 April 2009 at 10:49
respected sir/madam,
wt is the basic difference between advocate &
lawyer ? why some attach advocate & others are lawyer but both are similar in their profession.
ess oberoi
03 April 2009 at 22:20
Can a pvt charitably funded educational institution remain open and conduct classes on a gazetted holiday in the beginning of session? What is the meaning of gazetted holiday ? Is it not a violation of fundamental rights of students ? How to proceed so that the defiant Principal and its officials are punished ? What all essential evidences have to be gathered to prove the same operation ?
k gowri prasad
03 April 2009 at 12:04
Dear Legal Fraternities,
I am the new member of this Club. It is a good opportunity to learn new things & clarify doubts about legal issues.
With reference to the subject, can any individual eligible for double employment as per law? (i.e. one job in government & other is private organisation or insurance agencies?
Waiting for your positive reply.
Regards,
Gowri Prasad.K
Rahul
03 April 2009 at 07:23
Sir can you suggest me Book of Company law and Labour law so that i can strong my basic and helpful in jobs point of view ?
himanshu singh
02 April 2009 at 17:26
Dear sir, i have a share trading account in Reliance Money. I am not satisfied with the services of Reliance MOney, they usually deduct the amount from my trading account, when i complain for that they take time to resolved the complain more than one month after making lot of phone calls, i have spend more than Rs500 in making calls & waist my time about 5 hours in conversation with the customer care.
I have faced such type of problem many times, now i am fedup with the services of Reliance MOney i am planning to close the account of Reliance Money, but i want some compensation for the inconveinced caused by the reliance money.
Now i want to know :
1.Can i claim for compensation? if yes for what amount.
2.What is the process for claiming compensation?
Thanking You..
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