WEST BENGAL STATE COOP. HOUSING ACTS AND RULES
SRIPRAKASH BHATTACHARYA
(Querist) 08 April 2009
This query is : Resolved
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
Uma parameswaran
(Expert) 09 April 2009
If the removal of secretary is done by compling all the formalities and still you have believe that the secretary is removed for valid reason and then you have the right to proceed before The High Court.
