1) secretary has to submit her resignation to chairman of the association . chairman would place it before MC
2) if resignation is not accepted she has to continue till alternative arrangements are made
3) MC may ask her to continue till next AGM
Resignation from an registered association
Have a question related to resignation of a management committee member from a registered welfare association. We are a 400 flats apartment complex and have registered our association as part of Karnataka apartments ownership act. The apartment is 6 years old and the new management committee was elected 6 months back. We are 12 members in the management committee and have standard roles of president, vice president, secretary, treasurer as executive committee and rest are office bearers. Now one of the executive committee member would like to discontinue her service and she is secretary. How does she need to go about handling this resignation process? The resignation of management committee members have not been defined well in our registered DoD. 1. What is the procedure for secretary to notify the resignation and to whom it must be addressed? 2. What is the status of resignation if the resignation is not accepted? 3. Secretary is definitely does not want to continue in anyway owing to personal reasons and also wants to understand if she is still legally accountable for any association matters even if her resignation is not accepted. How to handle this?
Asked 6 years ago in Property Law
Religion: Hindu
13 Answers
1. Irrespective of the clauses of the DoD, the Secretary can address the Resignation Notice to the Chairman /President of the RWA, with copy to the local Registering Authority (typically it should be the District Charity Commissioner).
2. Resignation Notice would have to be deliberated & accepted by in the next forthcoming Mg.Committee meeting and on acceptance the Secretary shall duly hand over all documents /records /money /whatever .... to the next incoming Secretary, under due signature acknowledgment.
3. There is no question of not accepting the Resignation Notice, more so since all the Posts in the Committee are honorary in nature. Any dispute on this would have to be settled, via a due hearing proceedings, before the registering authority.
3. There is no question of not accepting the Resignation Notice, more so since all the Posts in the Committee are honorary in nature. Any dispute on this would have to be settled, via a due hearing proceedings, before the registering authority. >>> Ok. Thanks a lot for the response so far. Disputes to be settled before the registering authority means the authority where Deed of Declaration was registered right? Also, no legal hassles once this is made clear right. I also got another response from the other lawyer that the person must continue if the resignation is not accepted. Hopefully its not that. Can you please double confirm.
Asked 6 years ago
1. The Secretary of the Society may resign his/her office as Secretary by a letter addressed to the Chairman of the Society;
2. The Committee may accept the resignation of the office of the Secretary only after it is satisfied that the Secretary of the Society has brought up to date the work entrusted to him/her and has produced the entire papers and property of the Society, in his possession, before the Committee;
3. If the Committee does not accept it, then they should give a valid reason;
4. If they don't give valid reasons then Secretary have to approach the Registrar
No special procedure require, she can give notice of intention of her resignation (CC to registrar) w.e.f. XYZ date. And request for no dues/NOC from committee through same letter.
Such post are hold as a mater of right one elected, cannot be forced to hold office agasint her wish. Acceptance , non acceptance dose not have any relevance except she have dues to clear.
Tender resignation to the board. Board must accept the resignation and select new one. Simple process.
normally the resignation is tendered to the person who is the appointing authority or the chairman.
He resignation shoukd be accepted unless there are reasons for the same.
She would be held accountable for the acts done during the period she was secretary.
Regards
Yes the resignation would be accepted as there is no reason why it should not.
1. Courts have passed judgments to this affect that person has no right to continue on post, once resignation notice is on record.
2. Persons on post as "honorary workers" CANNOT be legally forced to continue on honorary posts. DOUBLE CONFIRMED.
MC may request secretary to continue till next AGM
If secretary wants to resign and even if the resignation is not accepted then he can vacate the post by submitting the same time registrar
Greetings!!
Please place your resignation before the management committee and after going through the letter the committee will take a call and except your resignation and they will be in process of appointing a new secretary for which they shouldn't be any issue for excepting your resignation..
1. The secretary can tender her resignation to the president of the RWA.
2. The status will be that she will remain as secretary until a replacement is found for her or the RWA accepts her resignation.
3. It is a honorary post hence it is her rights to resign or continue with the post until she has been removed from the post for any alleged misconduct or misappropriation or embezzlement offences.
The RWA cannot force her to continue against her willingness but may request her to continue till an alternate arrangement is made for the post.
She cannot be forced to continue with the post if she is not willing to do so.
The disputes if any may be settled through the registrar of cooperative societies provided if the allegations are serious in nature.