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State of West Bengal - Section

Section 11 in West Bengal Apartment Ownership Bye-laws, 1974

11. Election of Officers, appointment of Staff and removal of Officers.

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(1)Election of officers.— (a) In addition to the President, the principal officers of an Association shall, in addition to the Secretary, elect a Treasurer and such other officers as may be necessary all of whom including the Secretary shall be elected by and from the Board, and hold office during the pleasure of the Board. The election of these officers shall be held annually at the first meeting of each Board after the annual retirement [* * * *] [Omitted by Notification No. 111-HIV/R 25/89, dated 23.02.2010 w.e.f. 25.02.2010.] of the Managers and the election of new Managers in their places. A Manager shall, however, be eligible for being re-elected as President, Secretary or any other officer.
(b)The President shall after each election forward the names of the elected officers of the Association with their respective designation in Form No. 5 to the Competent Authority who shall cause the said names to be recorded in the relevant register to-be maintained for the purpose.
(c)The Managers of a Board including its President, Secretary and Treasurer may be paid honorarium for attending the meetings of the Board or any other business in connection with the affairs of the Association at such rates and under conditions as it may determine from time to time subject to the approval of the Association.
(2)Appointment of staff— (a) A Board may appoint other officers and employees to assist it in efficient discharge of its business under the Act and these bye-laws. Such officers and employees may be paid such remuneration or allowances as may be determined by the Board.
(b)A Board shall, subject to the approval of the Association determine the terms and conditions of service of its officers and employees referred to in sub-clause (a).
(3)Removal of officers.— (a) The President, Secretary, Treasurer or any other elected officer of a Board may be removed from such office by vote of not less than two-thirds of the Managers of the said Board in the meeting that shall be specially convened for the purpose by the President of the said Board on the requisition of at least one-third of the Managers of such Board:Provided that the President or any other officer whose removal has been proposed shall be given an opportunity of being heard at the meeting specially convened for the purpose.
(b)When an officer has been removed at meeting, the Board shall thereupon at the said meeting elect a new officer in place of the officer removed, from amongst the existing Managers of the Board, and shall forward the name of the officer so elected, to the Competent Authority for its record.