• Society laws

Secretary of our society announced his resignation in front of SGM .
Now the resignation announcement is not reflecting anywhere in the MOM
The new Secretary says that unless a written letter is first given to Chairperson and only on his acceptance is it valid.

My question is why is the announcement not being reflected. What is the gain behind this

And if the permission taking is true which law says so...quote please
Asked 8 years ago in Property Law
Religion: Hindu

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10 Answers

1)minutes of meeting reflect what was discussed in SGM

2) the draft minutes are circulated to all members of society

3) if it is not reflected in draft minutes send letter to society that resignation of secretary submitted in SGM has not been incorporated in the minutes

4) secretary has to submit his resignation to Chairman

5)on its acceptance new Secretary is elected from members of MC

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

Hello,

A resignation has to be tendered in written and then only the same can be given effect to.

If he accepts the oral resignation then it might be a case that the secretary turns up and says he has never said anything like that.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

it can be minuted, but the resignation can not be confirmed on the basis of the announce.

the same has to be minuted, definitely.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

procedure is that secretary has to submit resignation to chairman

2) resignation letter is placed before MC

3) in SGM only items placed in agenda are considered

4) you cannot discuss any other issue not on agenda of SGM

Ajay Sethi
Advocate, Mumbai
100007 Answers
8163 Consultations

Dear,

The new Secretary is right with his end, because in the future, it could be possible that old

Secretary come again and said that, he never resigned from his post.

So it should be written and hand over to chairman in person.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Dear Client,

Without acceptance of resignation, person do not discharged from the post, as no clearance/NOC yet issued.

And if it is accepted, it has be in writing, any important announcement/part of meeting intentionally left to include in the minutes amounts manipulation and illegal.

Secretary is important post and it`s resign cannot kept minute and absent.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

In AGM the proceedings as per agenda should be minuted as his resignation should not have been agenda so that has not taken in MOM.

The resignation should be in writing and should be approved by the SGM.

If you feel that the society is being cheated by secretary then you may complaint to the Registrar of societies along with other residents to get the direction in this regards

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You may go through the bye laws of the society which would clearly elucidate all your doubts about this situation.

It is not necessary that the announcement of the resignation by the secretary should find place ion the minutes of meeting.

The society bye laws may require him to send his resignation by following the proper procedures and laws in this regard, therefore you may visit the bye law in this respect and confirm the legal course of action for this.

T Kalaiselvan
Advocate, Vellore
90211 Answers
2506 Consultations

Cant an announcement be minuted???

Chairperson insists that it should not reflect in the MOM and says there is a law for that?? Is there any

Here we are not talking of acceptance but announcement to be minuted

It is not the agenda of the meeting,

The chair person may direct the secretary to comply with the requisite procedures in this regard as per law and rules in vogue.

Whether it is recorded in the minuettes book or not, that is not going to make any difference becasue the procedure to resign from the post ios differnt to that of what you wanted to know.

T Kalaiselvan
Advocate, Vellore
90211 Answers
2506 Consultations

You should report this matter to Dy Registrar for inquiry. It reveals some fishy things in it.

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

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