WHETHER SECRETARY OF A CO-OPERATIVE HOUSING SOCIETY CAN DELEGATE HIS POWER OR GIVE A POWER OF ATTORNEY.
SRIPRAKASH BHATTACHARYA
(Querist) 02 August 2008
This query is : Resolved
DEAR SIRS,
THIS IS A QUESTION REGARDING A CO-OPERATIVE HOUSING SOCIETY IN KOLKATA WHERE THE WEST BENGAL STATE CO-OP. ACTS AND RULES ARE APPLICABLE. HOWEVER,IT MAY KINDLY BE NOTED THAT I FIND THE BASIC CO-OPERATIVE RULES ARE SIMILAR IN ALL THE STATES.IT IS ALSO FOUND THAT CLARIFICATIONS TO SUCH QUESTIONS
ARE NOT AVAILABLE IN THE BOOKS. HENCE THIS QUESTION.
IN CASE OF A CO-OPERATIVE HOUSING SOCITY, SECRETARY OF WHICH IS AN HONORARY POST AND REMAINS BUSY WITH HIS OWN EMPLOYMENT. SINCE, AT THE TIME OF TRANSFER OF FLATS ETC. THE SECRETARY HAS TO BE PRESENT IN THE OFFICE OF THE REGISTRAR OF ASSURANCE FOR PUTTING HIS SIGNATURE ON THE 'DEED OF CONVEYANCE'. DUE TO HIS PREOCCUPATION, IT BECOMES DIFFICULT FOR THE SECRETARY SOMETIMES TO MAKE HIMSELF AVAILABLE AT THE TIME OF SIGNING ON THE DEED OF CONVEYANCE, DUE TO WHICH THE MATTER GETS DELAYED. UNDER THE CIRCUMSTANCES, IS IT POSSIBLE THAT THE SECRETARY GIVES A'POWER OF ATTORNEY' TO ONE OF THE DIRECTOR OF THE CO-OPERATIVE HOUSING SOCIETY TO DISCHARGE THE DUTIES OF THE SECRETARY (SIGNING ON THE DEED OF CONVEYANCE FOR AND ON HIS BEHALF)FOR WHICH THE BOARD OF DIRECTORS WILL TAKE A RESOLUTION. ALTERNATIVELY, IS IT POSSIBLE THAT THE BOARD TAKES A RESOLUTION AUTHORISING THE SECRETARY AND ON EDIRECTOR TO DISCHARGE SUCH JOB.
SHALL BE GRATEFUL FOR A CLEAR CLARIFICATION.
Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com
GOPI KRISHNA
(Expert) 03 August 2008
that the board of directors of the society shall take a resolution to authorise a person to execute the sale deed on behalf of society to the member is possible,
further, you may check out the Stamp and Registration Act of West Bengal regarding exemption for appearence before the sub-registrar for execution by the members of the co-operative housing society. If the said provision is available in the Stamp and Registration Act of West Bengal then you need not go for resolution of the society, simply exemption is sufficient
