57A Motion of no-confidence against the officers of the society
157A Motion of no-confidence against the officers of the society
(i) The requisition to call the special meeting of the committee of a society to consider a motion of no-confldence against the President, Vice-Ptesident, Chairman, Vice- Chairman, Secretary, Treasurer or other officer of the society, by whatever designation called, who holds office by virtue of his elections to that office, shall be made in Form M-18. The requisition shall be accompanied by;-
(a) the grounds of no-confldence;
(b) the text of the motion of no-confldence to be moved;
1. Ins. by C.N. of 16-10-1987.
(c) the name of the committee members who shall move the motion of non-confidence;
(d) a list of members of the committee specifying their full names, and address who are, for the time being, entitled to sit and vote at any meeting of the committee;
(e) signatures of the members of the committee who are signing the requisition duly attested by the Chief Executive Officer of the society or Special Executive Magistrate or Executive Magistrate or any Gazetted Officer of the Government.
(2) The requisition referred to in sub-rule (1) shall be delivered in person to the Registrar. Such requisition or requisitions shall be delivered in duplicate in each case. The Registrar on ascertaining that the requisition or requisitions as the case may be, have been signed by not less than 1/3rd members of the committee who for the time being are entitled to sit and vote in any meeting of the committee of society;-
(a) receive and acknowledge the requisition under his signature with date and time.
(b) issue notice, within 7 days from the date of receipt of the. requisition, convening, the special meeting for that purpose specifying therein place, date, time, name and designation of the officer who shall be presiding over such meeting, to all the members of the committee, the presiding officer and the Managing Director, General Manager, Manager, Paid Secretary, Group Secretary or such employee of the society, to whom the Registrar has directed to produce minute book of committee meetings of the society. This notice of no-confidence shall also be issued, to the Officer or officers against whom the motion of no- confidence is being moved, and shall be accompanied by the copy of the requisition alongwith enclosures and agenda.
(c) The Registrar shall direct the Managing Director, General Manager, Manager, Paid Secretary, Group Secretary or any other employee to deliver in person the minute book Of the committee meetings on the date, time and place of the meeting, to the Presiding Officer.
(d) The Registrar shall send a notice under certificate of posting, to all the persons concerned. However, he shall serve or cause to be served the notice on the officer or officers against whom the motion of no-confidence is proposed to be moved through the special messenger or the officer or officers, as the case may be, or in his or their absence on any adult member of his or their families at the place of residence. If for some reason it is not possible to serve the notice, the authorised person in this behalf, shall in presence of two witnesses, affix such notice on any conspicuous place of the residence.
(e) copies of this notice shall be displayed on the Notice Board of the Registrar, the Presiding Officer and the society. Such display of the notice on the notice board of the Registrar and the Presiding Officer shall be the conclusive proof that such notice has been served on all concerned.
(3) Notwithstanding anything contained in the bye-laws of the society regarding the procedure for convening and holding meeting and recording of minutes, the procedure adopted by the Registrar, the Presiding Officer and the Authorised Officer under sub-rule (2), shall be deemed to be the proper procedure under the provisions of bye-laws of the society.
If the Registrar deems it necessary, he shall require any Officer of the society to furnish any information to him and it shall be obligatory on the part of such officer to furnish such information. On failure of the officer to furnish the information, the Registrar may get it through any person authorising in that behalf. This failure on part of the officer of the society shall be construed as non-compliance of provisions as contemplated under sub-section (1) of Section 79. However, in case of the officer of the society who holds that office by virtue of his election, including the member of the committee of management, it shall be construed as breach of provisions under sub-section (1) of Section 79 and negligence of performance of duties imposed by the Registrar as contemplated under subsection (1) of Section 78.
(5) The time of the meeting shall be between Office hours of the authorised officer. The meeting shall be held either in the office of the society or at any other place which may, as far as possible, be public place or any other place specified by the District Deputy Registrar.
(6) No other subject, except the motion or motions of no-confidence shall be kept on the agenda.
(7) The Registrar or the officer authorised to preside over the meeting shall,
(a) announce or cause to be announced the commencement of the meeting,
(b) take possession of the minute book of the committee meetings from the officer of the society. However, for some reasons, if it is not possible for him to take possession of the minute book of the committee meetings of the society, at the commencement of the meeting, he shall record proceedings in the register kept for that purpose in his office. The text of the minutes of the meeting recorded in the minute book kept in the office of the Registrar shall be incorporated in the minute book of the society.
(c) record the date, time, place, names of members of the committee present at the commencement of the meeting, in the minute book of the society or kept by him, as the case may be, in his own hand and cause all the members of the committee who are present, to sign it and it shall be obligatory on their part to do so. The signature of the members on the minute book shall be the concrete proof of their attendance.
(d) riot allow any other person to enter the place of meeting except the person or persons appointed to assist him, the officer of the society who has produced the minute book, the officer or officers against whom the motion of no-confidence is moved, the members of the committee who are for the time being entitled to sit and vote in any meeting of the committee, who are presentat the commencement of the meeting and police officer or officers if called by him to maintain the law and order.
(e) record or cause to be recorded, the proceedings of the meeting and thereafter allow those members who desire to sign the proceedings. Signature of the members on the minute book shall be the conclusive proof of their attendance.
(f) not allow the discussions on any other subject than the subject on agenda.
(g) declare the motion or motions as rejected and take a note to that effect with reasons, in the minute book under the following circumstances;—
(i) if no member of the committee present;
(ii) none of the members of the committee, who are present refuse to sign the requisition;
(iii) 2/3rd members are not present at the commencement of the meeting (i) 2/3rd is fraction, it shall be rounded to next higher number.
(h) (i) read or cause to be read the text and grounds of no-confldence motion and allow any of the member, who have signed the requisition to move the motion and to speak in support of the motion.
(ii) allow the member against whom no-confldence motion is moved or any other member on his behalf to defend.
(i) put the motion to vote and declare the results as laid down in sub-section (6) of Section 73ID.
(j) the Presiding Officer shall not speak or give any decision on the merit or otherwise of no-confidence motion.
(k) issue certificate in Form M-19 in favour of the society.