One of the foremost duties of a Company Secretary is to handle the affairs related to shares.
According to the Companies Act, the Board of Directors is empowered by the Articles to decide on allotment, transfer and transmission of shares.
A company in its Articles of Association provides the procedure of allotment, transfer and transmission of shares.
The Company Secretary, who is conversant with the procedure, helps the Board of Directors in the process of allotment, transfer and transmission of shares.
The Company Secretary, as an officer of the company and responsible in the process, shall be personally liable and punishable if there is any irregularity observed.
Transmission of shares means transfer of shares by operation of Law. For example, when a shareholder dies, his shares are transferred to his inheritor. The inheritor may hold the shares in his own name or before that he may transfer the shares to any other person.
The Company Secretary has to examine all the legal documents and evidences as to the claim made by a transferee. In case of inheritance, the Probate of Will (i.e., a copy of the Will certified by the Court) of the deceased shareholder entitling the inheritor to the shares shall be demanded. If there has been no Will then a Letter of Administration has to be received from the person claiming transmission.
The above being the position of law in this regard, the company secretary cannot deny to perform his role as a CS to the company in respect of transmission of your shares.
Whether he is part time or temporary or full time CS of the company, it is his duty to take steps to transmit the shares as per the procedures.
You may issue a legal notice to the company secretary and BOPD seeking the relief and after exhausting the remedy with them you may either approach consumer forum or ROC or any other law enforcing authority in this regard.