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Kiran (Head Business Process Automation)     10 May 2011

Importance of Managing Commitee Resolution

Dear Sir,

We have Passed one resolution in comitee meeting, to Rotate the Responsibilty of Chairman/Secretary and Tresurer to rest of the comitee members, without any objection from any of the comitee memebers.

the Secreatry and Chairman also present to the meeting, Now when the time of handover came the Secretary alone is misbehaving and denying to give charge to newly selected Authorities.

All the Bank and Society documents he kept in his house, what action can the commitee members can take against his behaivior.

He is stating that he want to call General Body for above issue, he didnt gave any dates for the same, Kindly suggest

 

Thank You..



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     10 May 2011

The MC Memembers, known as Office Beares are though elected by the Members, the portfolios can be rotated subject to resolution by the MC. However, if the Secretary declines to hand-over the papers, send a written notice delivered to him - collectively signed by the other MC members, citing the MC resolution and refusal would entail action by the Registrars.

Vasudevan

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Kiran (Head Business Process Automation)     11 May 2011

Dear Sir,

As per the Suggestion we have drafted the Notice to the Secretary, Kindly find below matter and suggest changes if any.

 

To,

Mr. Prashant Kalkar,

4/15 Shilpakar C.H.S.

Arya Chanakya Nagar,

Kandivali (East ),

Mumbai  400101.

Notice:

As per the resolution done on 19-04-2011 in the Managing Committee of our Society, we all have decided to rotate the responsibility (Portfolios) to other committee members; according to this resolution you have agreed to give charge to Newly Selected Secretary and Treasurer on 24th Apr 2011.           

On 24th Apr you didn’t came to Office to give Handover, so as a result we have to call Managing Committee meeting on 27th Apr for Handover Process, On 27th Apr 2011  also you didn’t attended the  Managing committee meeting. As well you have refused to give Keys of Society Office to conduct the meeting.

In the Next meeting you had promised us to give Handover (Charge) on 8th May 2011, the same has been noted in Managing committee minutes Book. However on 8th May 2011 you didn’t come in the Society Office to give handover (Charge), and you refused to give handover over the phone to one of the committee member (Mr. Mandar Ranade)

Despite of Giving Many Chances and enough time to you for the Handover Process, you are not Co-Operating with Managing Committee Members for the Resolution Passed in Managing Committee Meeting, It seems that you are taking law in your own hand, which we think is not beneficial to Our Society.

Looking at the above matter, In Interest of society we would like to bring to your Notice that “If You will not Handover the charge of the society Documents with in Next 48 Hours”, we unwillingly have to take appropriate legal action against you which may deem fit at your Risk and Cost.

Further we also would like to bring in your notice that you alone are not empowered to call General Body / Committee Meeting without consent of Managing Committee Members and without Proper Agenda. If you call any meeting which is not fitted as per above condition will be treated as you have called it arbitrarily and thus such meetings will be treated as illegal and not valid.

Regards,

Shilpakar CHS Committee Members,

 

Thanks

Kiran Pawar

Adv. Sanjay Kadam (Proffessional)     15 May 2011

Being a member he can call meeting of General Boady but being Meber of General Boady he has to follow the rules and regulations of the society and the provisions of Co-operatiove Societies Act, 1960 and Rules, 1961. He cannot violate valid ressolation passed by the society. You are at liberty to file case against him both under civil law and criminal law. Both will succeed. Best of luck.

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