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Home Cooperative Queries

Rules to terminate a Secretary or Chairman

akshaykumar by akshaykumar
November 22, 2013
in Cooperative Queries
5
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Rajeeth Pillai

Wanted to check with you on 2 points:

a) the Secretary of our building has become very arrogant and behaves like a dictator. He does what he wants such as harassing the members if they don’t respect & get scared of him, he imposes penalty, replaces a member’s parking slot to accommodate tenant, screams at anyone who questions his decision, doesn’t give clarification on the fund withdrawn stating that you can’t get clarification on amounts below a lac or fifty thousand,… etc.

Question: So we wanted to check on the ways to remove such a Secretary and his certain partners in the committee who are involved and supportive of such constant harassment to certain members of the society?

b) when the members corners the Secretary on his atrocities, he threatens to take all the books and hand it over to the registrar and get an administrator.

Can the Secretary by himself (when cornered) take all the Society books and hand it over to the registrar and call for an administrator? we dont want an administrator.

Please advise.

I C Naik

Power to appoint Administrator in societies not taking any financial support – equity, state loan or guarantee for loan obtained by society- is banned under a Proviso to New Section 73 AAA.

An office bearer can be removed by passing a no-confidence motion in the Committee by 2/3 members voting for removal. The Committee has to call Registrar’s man to chair such meeting.

Frankly, “right to recall” a committee member is something is very much required but unlikely to be there in near future.

1/5 Number of Members can requisition a meeting to put up grievances to members to ponder over and demonstrate dis-pleasure on Secretary’s conduct.

The MCS ACT 1960 has been amended effective 14 2 2103 and contains provisions to file complaint to the Registrar where mis-management or inefficient working of the Society is suspected. This also requires 1/5 members to write to the Registrar.

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