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THE “DIRECTOR” NOT ATTENDING “THREE CONSECUTIVE BOARD MEETINGS” SUFFERS DEEMED DISQUALIFICATION UNDER KCS ACT 29 –C (P) AND BYLAW 55(110 AND 56)

 
 
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THE “DIRECTOR” NOT ATTENDING “THREE CONSECUTIVE BOARD MEETINGS” SUFFERS DEEMED DISQUALIFICATION UNDER KCS ACT 29 –C (P) AND BYLAW 55(110 AND 56)
by System Administrator - Thursday, 23 March 2017, 5:59 AM
 

By : M.S.Yatnatti: Editor and Video Journalist Bangaluru : The Karnataka co-operative societies amendment Act 2012 which received accent of the governor on 10-01-2013 amends section 29-C and adds (P) Disqualification of the director if he has absented himself for three consecutive meetings of the board of the such society without leave of absence and then it was deemed that the director had vacated his officeThus, in the instant case, when the petitioner knew the consequences of not attending three consecutive meetings, it was for him to make an appropriate application well in time, i.e. at the time of absenting himself from 3rd meeting or immediately thereafter as to what was the sufficient excuse for not attending the three consecutive meetings. The JRCS has no power to to overrule KCS Act 29 -c(p) and bylaw 55(110 and 56prepared and administered by KCS Department under KCS Act. JRCS is asked to provide me information and reasons under section 4(I) (d) RTI Act under what provision of law hegave stay to the notice issued by BBMP SC ST Workers Society Ltdto 4 directors who were consecutively absent for more than 3 executive committee meetings as per bylaw they are automatically themselves loosed their directorship and they are no more directors as theywere given time to provide reasons for their absent by submitting leave letter with medical certificates which they fail to giveand finally they were informed as per bylaw that they wereno more directors in BBMP SC ST Workers Society Ltd.

The letter dated 14-02-2016 stop the meeting has no meaning 9and that itself is proof of their not attending the meeting for three consecutive meetings) as under section 29-H a no confidence can be issued only after 24 months and not earlier and thus the 4 director willfully remained absent forthe board meeting and attracted automatic disqualification as per KCS Act 29 -c(p) and bylaw 55(110 and 56prepared and administered by KCS Department under KCS Act and JRCS giving stay is illegal and capricious in law.The Karnataka Co-operative Societies (Amendment) Act, 2016 as 29 H (3) The procedure for no confidence motion shall be as prescribed. "and the Notification bearing No.CO.96.CLM.2016, Bengaluru, dated 26.8.2016 has become infractuus as it was issued only for six months And the draft rules have been published in the gazette on 12-012017 yet need to be finalized and no final rules have been published in this matter by Government.Til the final rul;es are published till that time no-confidence motion cannot be raised against the president of any society in Karnataka as per rules.

The primary objective of the Department of cooperation is to see that genuine cooperatives are organized and managed on the basis of sound cooperative principles for the promotion of economic interest and welfare of the people, and to render guidance and assistance for development of cooperative movement in the state. Administering proper supervision and control on the registered co-operative societies based on the above objectives as per the provisions of the Karnataka co-operative societies Act and Rules.

Enforcement of the Government policy pertaining to Agricultural credit, Agricultural produce, Horticulture, Fisheries, Dairy, their marketing and processing  and implementation of various schemes.Providing share capital, loan, interest subsidy to the members of the  credit, marketing, consumers, industries and various co-operative societies but also extending govt.  guarantee to loans availed by state level Institutions, Providing financial assistance for the upliftment of the SC/ST backward classes and minorities through the special schemes formulated by Government so that they can not only participate in the co-operative societies activities, obtain the various benefits but also come to the main stream of co-operative movement crossing the  threshold .Provide technical guidance for the implementation of the schemes formulated by the Government.Collection and compilation of statistics of department as required by Central, State Government, RBI, NABARD etc.To exercise proper control and supervision on the administration of various cooperative societies within the legal frame work of cooperative Acts and Rules.