indian-insurance-surveyors IIISLA CC election

[S. Anoop Kumar]

Dear Mr. Rahul Jadhav,

 

I just happened to read your message on google group message board.  You have quoted my name and also taken reference to one of my messages posted on Whatsapp by a surveyor member, Mr. Lakdive.  Just for your information the same message was also posted on google message boards earlier but you did not react to it earlier.  In any case it is nice to see some council member reacting and responding to the message posted on the group message board or on whatsapp media.  I need to clarify the points raised by you or the address the allegations made. 

 

At the outset, let me make no secret that I find your efforts totally concentrated upon misguiding the members with all false information, more of an effort to conceal the facts, and even more to misguide the members.   Now read further..

 

First and foremost, IIISLA is a professional institute of Insurance Surveyors, a body formed by IRDA and now enjoying a legal status and recognition as per the Insurance Amendment Act 2015.   We expect it to be run like a professional institute on the lines of the Institute of Chartered Accountants of India (ICAI), Institute of Cost and Works Accountants (ICWA), Institute of Company Secretaries of India (ICSE), Institution of Engineers (IE), etc. IIISLA has to respect and obey the rules if it has to function like a professional institute. IIISLA is a not a family owned company or a closely held private limited company so that it can be run at the whims and fancies of the few at the top.  IIISLA elected council members are the custodians of IIISLA and her assets, and are expected to take IIISLA further by chalking out plans and working to protect the future of surveyors and also enhance the respectability of the profession.

 

Second, IIISLA is guided by its constitution, and we call it Memorandum & Articles of Association (M&AOA) and we need to follow the rules and provisions as laid down in our AOA.  They cannot be and should not be violated.  We are also guided by Companies Act as a company registered under section 25 of Companies Act.  Wherever the provisions are clearly expressed in our AOA, they prevail and wherever there is no clarity on certain rules, we need to look up to Companies Act.  And I find it real amusing that the present CC members violating the AOA at will as if they are running a closely held private limited company or a family owned company. 

Third, you stated that Mr. Anoop Kumar has wasted time during the AGM by raising frivolous issues.  You should know we have raised these points several times before too but IIISLA CC members never felt prudent to address these issues.  An AGM is the platform available to the members to raise the queries and seek answers.  It is our right as members and stakeholders of IIISLA.   And you have the responsibility as the CC members to address these issues to the satisfaction of the members.  But here again you hoodwinked the members by clandestinely declaring certain resolutions as passed, even the resolutions which were not even taken up or placed before the members to discuss or debate.  And you are our respected and honourable elected council members and also custodians of IIISLA.

And one council member, also named as the chief mentor, took 40 minutes with his monotonous speech amd explaining how hard he worked to retain section 64 UM in the insurance act.  And we all know we lost Section 64UM from the act for good and we have section 82 in the amended act.  And we already seeing the after effects of such hard work and achievement.  And you did not find this monotonous & ,isleading speech as waste of time of the members or that of the general meeting.

 

Fourth, the issues that have been raised by me have been forwarded to the central council in writing atleast 10 – 14 days before the AGM date.   Had the CC members or the office bearers provided satisfactory replies, the issues would not have consumed any time at all.  Not even the 10 minutes taken by me.  But the reply given by the President just 2 days before the AGM is not only evasive but elusive too.  I was not given an opportunity to inspect the records before the AGM which is my right as a stakeholder. 

 

To the issue of CC members attending seminars at far off places at IIISLA cost, Mr. Ashok Kumar replied –“ Ï am unable to provide any opinion in the matter”.  And to the issue of naming someone as a chief mentor in IIISLA and his roles and responsibilities, Mr. Ashok Kumar replied – “unable to give any opinion in this”.

 

The reply of Mr. Ashok Kumar is reproduced below verbatim (at the very  bottom of this message in blue fonts).   Don’t you find the reply from the president most surprising and amusing too?   It is even an irresponsible reply coming from a president of an institution.  He is clearly expressing that he does not know why and how the decisions were taken or he was trying to hide the information from the members blatantly.  Since it is the reply from the president, it is deemed as reply from the central council.  And none of the issues raiased by me were replied by the central council members, and on the contrary, the CC members indulged in attacking me and raising counter allegations.  And you are all honourable council members. 

 

Fifth, coming to the issue of reappointment of retiring council members, either the central council members are not aware of the provisions of IIISLA AOA or have utter disregard for it and think they can get away with all blatant violations and also can fool the members.  Our IIISLA AOA is very clear.  Any council member can be appointed by way of elections only.  There is no scope of nomination or reappointment.  Where IIISLA AOA provisions are clearly expressed they prevail and where it is not expressed, we need to refer to the companies act.  I think you are aware of this basic funda.  And you still go about ignoring it and disregard the rules. 

As of now IIISLA AOA does not provide for or permit reappointment of retiring council members, even by the general body, unless and until the AOA is amended accordingly.  By reappointing yourself in a most clandestine manner, hoodwinking the members in the AGM, you have shown how desperate you are to continue in the seat without getting reelected.  The members would be really amused to know that the reappointment of 4 council members was not even placed before the general body, or discussed or debated, but declared as passed.  And you are all honorable central council members. 

 

Sixth, IIISLA Council cannot grant any fancy names to someone who is an elected member.  And naming someone as Chief Mentor is one such action that is bemusing, if not amusing.  Can you justify this appointment and quote the rule? 

These are not trivial issues to be expected of a professional institute like IIISLA.  We are showcasing our talent, or lack of it, our disregard to the law and rules as laid down.  And IRDA is not even entertaining IIISLA and not taking any of their proposals seriously, and to be honest they are clearly ignoring IIISLA and going about with what they would like to do.  All these because of our IIISLA CC members who do not respect the rules or do not understand the rules or do not follow the rules. 

 

Seventh, IIISLA everything is secret.  I asked for copies of minutes of meetings and it was denied.  So is CC hiding some information from us?  Otherwise, they should share the info with the members for they promised transparency and accountability in their functioning before elections and while seeking votes.  In IIISLA the words transparency and accountability have no place.  And atleast that is our experience. 

 

Eight, If CC is working for the welfare of the surveyors, then they would not have proposed the grant of membership to the employees of insurance companies or corporate surveyor firms in the IIISLA Regulations, which was part of the agenda of the AGM.  As a council member you cannot escape the responsibility of making such proposal in the first place.  And you talk that Mr. Anoop Kumar is not interested in the welfare of surveyor community.   You should know it was Mr. Anoop Kumar who brought out your clandestine designs to the fore and placed it before the members.  And the members reacted ferociously and forced you to withdraw the regulations altogether. 

 

Nine, you have mentioned that Mr. Anoop Kumar wasted time at the AGM discussing irrelevant issues.  Mr. Anoop Kumar could not talk for more than 10 minutes, that is on the higher side, where he was interrupted and disrupted frequently, attacked with counter allegations by none other than the CC members, and finally the mike was taken away from him without allowing him to complete.  And none of the issues raised by him were answered or addressed.  And you are all honorable council members. 

 

As the elected central council members, we expect you to act prudently, judiciously and in a transparent manner.  If you do not know how to respect the law, you cannot build an institution.  On the contrary, you will be destroying an institution. 

 

Ten, and finally, I conclude this message with one last question.  And I expect you to answer it with all honesty.  Tell us one achievement from this CC in the last 9 months which benefitted the surveyor community and which made the surveyors feel we are better than before? 

 

Thanks for all the patience in going thro this long message.  I could not make it any shorter after reading through your ridiculous and misleading message. 

 

With best regards,

 

S. Anoop Kumar,

Hyderabad.

 

PS:  Mr. Anoop Kumar is from Hyderabad by birth.  IRDA office is located here at Hyderabad.  How does it make any difference to me or to IIISLA or to any other surveyor, for that matter?  You made a specific mention about it.  Any reason? 

 

 

 

 

_____________________________________________________________________

 On 27-Sep-15 6:59 PM, ashok kumar wrote:

Dear Ashokjee

 

Dear Anoop Kumar jee

 

My replies pointwise is as under:

 

1. Notice calling AGM was passed and approved by Circular Resolution and not in a council          meeting

 

2. We have sought the opinion of Auditors on the Notice for AGM. Please specify specific errors/blunders to give reply on the same

 

3.These expenses were accounted as approved by the Board members on good faith since they were already incurred. Suitable note has been incorporated in the accounts

 

4. I am unable to provide any opinion in the matter

 

5 .Copies of Minutes of Board Meetings are not generally available for inspection of members under the Companies Act,2013.

 

6. Unable to give any opinion on this

 

With Warm Regards

Ashok Kumar
Muzaffarpur
09431238417

_________________________________________________________

 

On Sunday, November 15, 2015 at 11:29:09 AM UTC+5:30, rahul.jadhav.abd wrote:

Dear brothers

I have just gone through the whats up message posted by Mr Lakhdive and written by Mr Anup Kumar who is from Hyderabad (where IRDA HO is situated ).Wherein he has written  many things but none of them for the welfare of  the fraternity.
In the AGM also he wasted time of the house asking why some CC member is called Chief Mentor. This issue is definitely not concerned with the welfare of the fraternity. Secondly he has expressed his concern about re-appointment of retiring CC members (4 members who had been elected 8 months back for 3 yrs tenure). This reappointment is subject to the tenure of election as per amended Co. Act. Hence where does the question of sticking to the chair as mislead by Mr Anup arise?
It has been observed that IRDA is against independent surveyors and have issued /framed regulations which we are facing currently. Also they have framed the present AOA wherein retirement by lot is mentioned for elected directors, that means they should face election just after they resumed their role as a director (think whether it is logical & justified?) It clearly indicates that they don't want a stable council of IIISLA and in absence of a stable body IRDA can rule and dictate terms as per their choice even if they are illegal and anti surveyors. It is really painful so see that without touching these facts, members like Anup Kumar are deliberately raking up this election issue as if it is a matter of life and death for the fraternity. Also it is to be noted that the promoter directors on the IIISLA Council (Nominees of IRDA and GOI) have retired, legally these posts have to be filled first, why is Mr Anoop Kumar silent on this matter?
In the last AGM Sr surveyors like Mr Nalluri have pointed out that such necessary changes (re-appointment subject to elected tenure) for a stable council can be made in AOA by passing suitable amendments. This will not only bring stability but also save hard earned money of the IIISLA members.
You will appreciate that the council has made various representations to IRDA time and again whether it be Exposure draft, 64 UM, Insurance Advisory Committee, Select committee of Parliament and various other forums. Inspite of our sincere efforts it is evident that IRDA is hell bent upon confrontation with surveyors and therefore it has not bothered to respect the elected mandate and the results are before us in the form of surveyors regulations—2015.
Friends it is upto you to decide at this crucial time whether IIISLA CC should focus on elections or burning issue like surveyors regulations -2015. I leave it to your wisdom and fine sense of judgment. ..

Er Rahul Jaddav

-- 

[S. Anoop Kumar]

A message from Mr. Gulzar Mathauda sir. 

-------- Forwarded Message --------

Subject:	Fwd: indian-insurance-surveyors IIISLA CC election
Date:	Sun, 15 Nov 2015 17:51:18 +0530
From:	Gulzar Mathauda <gulzarm...@hotmail.com>
To:	S. Anoop Kumar <sanoo...@gmail.com>

Anoop Sir

I had sent this mail but it didn't appear on board 

Regards 

Gulzar Singh 

Sent from my Samsung device

-------- Original message --------
From: Gulzar Mathauda <gulzarm...@hotmail.com>
Date: 15/11/2015 13:56 (GMT+05:30)
To: iiisla...@googlegroups.com
Subject: Re: indian-insurance-surveyors IIISLA CC election

Rahul Jadhav ji.

Instead of bringing any purposeful point and targeting Anoop Kumar you too have wasted time on your long message. 

Kindly don't waste time by putting such mails on board. 

With Warm Regards 

Gulzar Singh 

Surveyor 

Mob:- 98767 18583  

Sent from my Samsung device

-------- Original message --------
From: rahul jadhav <rahul.ja...@gmail.com>
Date: 15/11/2015 11:29 (GMT+05:30)
To: iiisla...@googlegroups.com
Subject: Fwd: indian-insurance-surveyors IIISLA CC election

Dear brothers

I have just gone through the whats up message posted by Mr Lakhdive and written by Mr Anup Kumar who is from Hyderabad (where IRDA HO is situated ).Wherein he has written  many things but none of them for the welfare of  the fraternity.
In the AGM also he wasted time of the house asking why some CC member is called Chief Mentor. This issue is definitely not concerned with the welfare of the fraternity. Secondly he has expressed his concern about re-appointment of retiring CC members (4 members who had been elected 8 months back for 3 yrs tenure). This reappointment is subject to the tenure of election as per amended Co. Act. Hence where does the question of sticking to the chair as mislead by Mr Anup arise?
It has been observed that IRDA is against independent surveyors and have issued /framed regulations which we are facing currently. Also they have framed the present AOA wherein retirement by lot is mentioned for elected directors, that means they should face election just after they resumed their role as a director (think whether it is logical & justified?) It clearly indicates that they don't want a stable council of IIISLA and in absence of a stable body IRDA can rule and dictate terms as per their choice even if they are illegal and anti surveyors. It is really painful so see that without touching these facts, members like Anup Kumar are deliberately raking up this election issue as if it is a matter of life and death for the fraternity. Also it is to be noted that the promoter directors on the IIISLA Council (Nominees of IRDA and GOI) have retired, legally these posts have to be filled first, why is Mr Anoop Kumar silent on this matter?
In the last AGM Sr surveyors like Mr Nalluri have pointed out that such necessary changes (re-appointment subject to elected tenure) for a stable council can be made in AOA by passing suitable amendments. This will not only bring stability but also save hard earned money of the IIISLA members.
You will appreciate that the council has made various representations to IRDA time and again whether it be Exposure draft, 64 UM, Insurance Advisory Committee, Select committee of Parliament and various other forums. Inspite of our sincere efforts it is evident that IRDA is hell bent upon confrontation with surveyors and therefore it has not bothered to respect the elected mandate and the results are before us in the form of surveyors regulations—2015.
Friends it is upto you to decide at this crucial time whether IIISLA CC should focus on elections or burning issue like surveyors regulations -2015. I leave it to your wisdom and fine sense of judgment. ..

Er Rahul Jaddav

-- 

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[S. Anoop Kumar]

Dear Mr. Prakash Sindhur,

Why extension of term of CC members by just 1 or 2 years?  Let them appoint themselves as CC members for life if our AOA provides for it.  This would give them all the time they require and we would have no elections at all and we would be saving on huge costs.  

But the problem is our AOA does not provide for it and no one, not even the general body, can go against the provisions of the AOA.   Why not the CC members call for an EGM and propose that the elected council members once elected would remain the CC members for life and propose the AOA be amended accordingly?    Also pass one more resolution amending the AOA that elected CC members are supreme and any of their decisions and/or actions cannot be ever questioned by anyone, including by the general body.  Does this not sound good?  Atleast, we the ordinary members, will stop expecting anything from IIISLA but keep paying our annual subscription and be done with it.  

Our CC would be strong and also respected by others only if they follow the law, and certainly not when they break the law or circumvent the law.  And when they keep breaking the law and keep mismanaging IIISLA and her funds, then they cannot improve IIISLA or the profession but would only hasten it's death by their wishful & illegal actions.  

Regards,

S. Anoop Kumar.  

On Sunday, November 15, 2015 at 5:38:23 PM UTC+5:30, prakashsindhur.a wrote:

Dear All

Mr Rahul Jadhav is rightly expressed his views towards the present situation. Now it is the time to protect our fraternity first, for any elected or nominated chair person the minimum 2 to 3 years of time or even more  is required to understand & work together. So if it is amended in our AOA is well & good. Since our association work is an honorable job which has to be done without any expectations & earning for their family. In this situation we all SLA members have to give moral support & strength to our CC members.

Please keep hopes on our CC members, definitely they will fight for our rights. We all should extend our full support to them.

Since it is an very sensitive matter & more over our CC members have to tackle it very carefully with IRDA. Hence we have to wait for those move & results. If time comes once again we should be ready to protect throughout India in their places.

Any how along with Mr RKE many leagal experts are there in our Association let us keep good hopes on them.

Since we have many senior & well knowledge members with us I request all of them to give good & correct suggestions ( your suggestions not only stick on to messages boards) with moral support. Practically moral support is very essential to our IIISLA. 

With Regards
Prakash. A.Sindhur
Bengaluru

[S. Anoop Kumar]

Dear Mr. TP Singh,

I agree with you that it is time for us to seriously concentrate on the more important issues on hand concerning the the survival of the profession of independent surveyors.  And issues like elections to the CC members can wait.  

Let me add here that the 4 council members have to retire at the end of 1 year term.  Since IIISLA AOA does not provide for reappointment or nomination or even cooption of the retiring council members (consider exceptions of govt. nominated directors) other than through elections, then we would be having 4 vacancies in the next central council.  And they will remain so till they are filled by way of elections only.   So if elections are not held now, the next council will have to do with 8 council members only.   

And in a hypothetical situation,  if we do not have elections during next year too, then 4 more members will retire and the next council will have to function with just 4 council members.  And assuming that we do not have elections even the next to next year too, then even the 4 remaining council members will retire and IIISLA will have no elected council members on board and IIISLA will have to be managed by the govt. nominated 3 council members, and that is also if they are in place.  

Does this situation sound familiar to us?  Yes - we have gone through the similar situation earlier.  When the council members retired earlier they were not reappointed or renominated.  And Mr RK Elango's team even granted themselves extension, both as council members and also as office bearers, during the EGM/AGM conducted at Yercaud and Coimbatore meets.  But next council and also IRDA did not approve such extension which is against the constitution and they were forced to vacate the office.  Mr. Sunil Vora had to manage the office of IIISLA with just 4 council members, including himself.  And when they too retired, we had no elected council member on board creating a vacuum.  

Incidentally, Mr. Ashok Kumar, the present president of IIISLA was the secretary of IIISLA then and Mr. RK Elango, a council member now, was the president.  And inspite of having thorough knowledge of the AOA and also having had bitter experience once earlier, Mr. Ashok Kumar is once again supporting such unconstitutional and illegal moves.  Now what should we think of this situation?  Shall we call it ignorance or shall we call it lack of respect for the law and rules?

We all know that IRDA is coming very hard on us from time to time.  Just assume what would be the situation if there is no proper elected council in place to deal with IRDA.  They will have a free run with their grass cutters and we will all be mowed down.

It is now for the members to think, ponder, analyse and take a decision  ....

1. Retiring council members cannot be reappointed.
2. Council members can be appointed only through elections.
3. If elections are not held, there will be vacancies in the council 
4. If elections are not held for 3 years, we will have no elected council in IIISLA to represent us before any authorities.
5. If there are no council members then the control will go into the hands of govt. nominated directors.  
6. Then IRDA and govt. will have a free run.  They can decide on anything.  

Regards, 

S. Anoop Kumar.

On Monday, November 16, 2015 at 11:28:39 AM UTC+5:30, tpsingh074 wrote:

Dear,

All the current matter has more important and be given  top priority rather then election but stress on the present development in the rule, Act and others independent professional  related matter. The CC members and elected body may inform development/ information with the members

I request to all of you be prepare for help and scarify to save the surveyor community/IIISLA.

T.P.Singh 

T.P.Singh

On Sun, Nov 15, 2015 at 7:25 PM, Venu Sur <venu...@gmail.com> wrote:

Dear Members,

This is High time to Support and strengthen the hands of IIISLA CC members.

On Sun, Nov 15, 2015 at 6:06 PM, santosh rajanna <santosh...@gmail.com> wrote:

Dear Mr. Rahul Jadhav,

What you have said is 100% correct and we want a stable and united council to fight to get out rights from IRDAI. No need to go for election make changes in AOA and go ahead, we are with you.

Thank You,

Santosh. R

--

Regards,

V.venugopal,
Surveyor

[Gulzar Mathauda]

Sent from my Samsung device

-------- Original message --------
From: Gulzar Mathauda <gulzarm...@hotmail.com>

Date: 16/11/2015 07:21 (GMT+05:30)
To: "S. Anoop Kumar" <s.anoo...@gmail.com>
Subject: Re: Fwd: indian-insurance-surveyors IIISLA CC election

Anoop Sir

Thanks. Anoop Sir, i was surprised as why my messages are not appearing on board. This has not happened first time.

Truth is always bitter. Healthy discussions are always good. In democracy you can't gag any body. The same CC members have been begging for votes and now want to GAG us. 

Sarkar ji, aapki Sarkar mei to aisa nhi hona chahiea.

 It clearly means the days are being numbered. 

Best of  wishes 

Sqn Ldr Gulzar Singh (Retd)

Surveyor 

Mob. 98767 18583

Sent from my Samsung device

-------- Original message --------

From: "S. Anoop Kumar" <s.anoo...@gmail.com>
Date: 16/11/2015 06:37 (GMT+05:30)
To: Gulzar Mathauda <gulzarm...@hotmail.com>
Subject: Re: Fwd: indian-insurance-surveyors IIISLA CC election

Respected Gulzar sir,

You have received the message of Mr. Rahul Jadhav (he is a central council member and is from Aurangabad, Maharashtra) through IIISLA-Bengal Group and you replied to it.  IIISLA-Bengal group is managed by another central council member, Mr. Tanmoy Sarkar, from Kolkata.  Mr. Sarkar is not allowing any message that is written against the CC members (for he is a CC member himself) and even my own messages are not getting  posted.  But I have posted your message on other two groups available.  The CC members are thinking and also acting with narrow mind and they are not liking their deeds getting exposed. 

I had replied to Mr. Rahul Jadhav but the message is not allowed by Tanmoy Sarkar on his IIISLA-Bengal Group.  But I posted the same message on other groups too.  Let the members know the truth. 

Regards,
S. Anoop Kumar. 

On 15-Nov-15 5:51 PM, Gulzar Mathauda wrote:

Anoop Sir

I had sent this mail but it didn't appear on board 

Regards 

Gulzar Singh 

Sent from my Samsung device

-------- Original message --------
From: Gulzar Mathauda <gulzarm...@hotmail.com>
Date: 15/11/2015 13:56 (GMT+05:30)
To: iiisla...@googlegroups.com
Subject: Re: indian-insurance-surveyors IIISLA CC election

Rahul Jadhav ji.

Instead of bringing any purposeful point and targeting Anoop Kumar you too have wasted time on your long message. 

Kindly don't waste time by putting such mails on board. 

With Warm Regards 

Gulzar Singh 

Surveyor 

Mob:- 98767 18583  

Sent from my Samsung device

-------- Original message --------
From: rahul jadhav <rahul.ja...@gmail.com>
Date: 15/11/2015 11:29 (GMT+05:30)
To: iiisla...@googlegroups.com
Subject: Fwd: indian-insurance-surveyors IIISLA CC election

Dear brothers

I have just gone through the whats up message posted by Mr Lakhdive and written by Mr Anup Kumar who is from Hyderabad (where IRDA HO is situated ).Wherein he has written  many things but none of them for the welfare of  the fraternity.
In the AGM also he wasted time of the house asking why some CC member is called Chief Mentor. This issue is definitely not concerned with the welfare of the fraternity. Secondly he has expressed his concern about re-appointment of retiring CC members (4 members who had been elected 8 months back for 3 yrs tenure). This reappointment is subject to the tenure of election as per amended Co. Act. Hence where does the question of sticking to the chair as mislead by Mr Anup arise?
It has been observed that IRDA is against independent surveyors and have issued /framed regulations which we are facing currently. Also they have framed the present AOA wherein retirement by lot is mentioned for elected directors, that means they should face election just after they resumed their role as a director (think whether it is logical & justified?) It clearly indicates that they don't want a stable council of IIISLA and in absence of a stable body IRDA can rule and dictate terms as per their choice even if they are illegal and anti surveyors. It is really painful so see that without touching these facts, members like Anup Kumar are deliberately raking up this election issue as if it is a matter of life and death for the fraternity. Also it is to be noted that the promoter directors on the IIISLA Council (Nominees of IRDA and GOI) have retired, legally these posts have to be filled first, why is Mr Anoop Kumar silent on this matter?
In the last AGM Sr surveyors like Mr Nalluri have pointed out that such necessary changes (re-appointment subject to elected tenure) for a stable council can be made in AOA by passing suitable amendments. This will not only bring stability but also save hard earned money of the IIISLA members.
You will appreciate that the council has made various representations to IRDA time and again whether it be Exposure draft, 64 UM, Insurance Advisory Committee, Select committee of Parliament and various other forums. Inspite of our sincere efforts it is evident that IRDA is hell bent upon confrontation with surveyors and therefore it has not bothered to respect the elected mandate and the results are before us in the form of surveyors regulations—2015.
Friends it is upto you to decide at this crucial time whether IIISLA CC should focus on elections or burning issue like surveyors regulations -2015. I leave it to your wisdom and fine sense of judgment. ..

Er Rahul Jaddav

-- 

[S. Anoop Kumar]

Sir,

This is a reminder to my earlier mail.  Pls forward your reply.

Regards,
Sincerely 

S Anoop Kumar

On Nov 16, 2015 9:26 AM, "S. Anoop Kumar" <s.anoo...@gmail.com> wrote:

Dear Shri BD Mohta sir,

Good morning.  I am forwarding to you a message posted by Mr. Rahul Jadhav, a central council member of IIISLA.  The matter is related to the reappointment of 4 council members who are due to retire and have granted themselves extension of their term by 2 years without going the trho the process of elections.  

You are a surveyor, an advocate, a company secretary and also a management accountant.  Incidentally you were present during the last AGM proceedings.  I would request you to offer your professional & legal advice as a company secretary and also as an advocate.

1. Can the retiring council members be reappointed for further term by way of voice vote at the general meeting or by the council members in their council meetings?
   
2. Do the provisions of IIISLA AOA permit such appointment of council members without going through the process of elections? 
3. Can the CC members ignore the provisions of AOA grant themselves extension of their term by any means other than elections?

Please provide your valuable opinion and good advice.  All we are looking at and expecting is that IIISLA should work and act like a professional institution.  If such extension of term is permissible, we even do not mind if the central council members grant themselves term for life without going thro the election process.  The council members for life.  This saves us lots of bother every year and also great amount of expenses.  

With best regards,

Sincerely,

S. Anoop Kumar,

Hyderabad.

+91 9849042132

_________________________________________________________

 

On Sunday, November 15, 2015 at 11:29:09 AM UTC+5:30, rahul.jadhav.abd wrote:

Dear brothers

I have just gone through the whats up message posted by Mr Lakhdive and written by Mr Anup Kumar who is from Hyderabad (where IRDA HO is situated ).Wherein he has written  many things but none of them for the welfare of  the fraternity.
In the AGM also he wasted time of the house asking why some CC member is called Chief Mentor. This issue is definitely not concerned with the welfare of the fraternity. Secondly he has expressed his concern about re-appointment of retiring CC members (4 members who had been elected 8 months back for 3 yrs tenure). This reappointment is subject to the tenure of election as per amended Co. Act. Hence where does the question of sticking to the chair as mislead by Mr Anup arise?
It has been observed that IRDA is against independent surveyors and have issued /framed regulations which we are facing currently. Also they have framed the present AOA wherein retirement by lot is mentioned for elected directors, that means they should face election just after they resumed their role as a director (think whether it is logical & justified?) It clearly indicates that they don't want a stable council of IIISLA and in absence of a stable body IRDA can rule and dictate terms as per their choice even if they are illegal and anti surveyors. It is really painful so see that without touching these facts, members like Anup Kumar are deliberately raking up this election issue as if it is a matter of life and death for the fraternity. Also it is to be noted that the promoter directors on the IIISLA Council (Nominees of IRDA and GOI) have retired, legally these posts have to be filled first, why is Mr Anoop Kumar silent on this matter?
In the last AGM Sr surveyors like Mr Nalluri have pointed out that such necessary changes (re-appointment subject to elected tenure) for a stable council can be made in AOA by passing suitable amendments. This will not only bring stability but also save hard earned money of the IIISLA members.
You will appreciate that the council has made various representations to IRDA time and again whether it be Exposure draft, 64 UM, Insurance Advisory Committee, Select committee of Parliament and various other forums. Inspite of our sincere efforts it is evident that IRDA is hell bent upon confrontation with surveyors and therefore it has not bothered to respect the elected mandate and the results are before us in the form of surveyors regulations—2015.
Friends it is upto you to decide at this crucial time whether IIISLA CC should focus on elections or burning issue like surveyors regulations -2015. I leave it to your wisdom and fine sense of judgment. ..

Er Rahul Jaddav

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[s.anoo...@gmail.com]

Dear Friends,

Please read the expert opinion from Mr. BD Mohta, a senior surveyor, a practising company secretary and also an advocate, in addition to being management accountant and management consultant.  

IIISLA CC members should stop fooling the members and should know to respect the law and the provisions of IIISLA AOA.  Not run IIISLA like a banana republic.

Regards,

S. Anoop Kumar.

Sent from my iPad

On 18-Nov-2015, at 8:50 AM, bdm...@gmail.com wrote:

Mr. Anoopkumar is right for his observations. The AOA is our regulations which has been drafted by IRDA, promoter and registered with ROC - authorised by Ministry of Corporate Affairs. Once AOA is taken on record it becomes law for our IIISLA. The Companies Act prescribes to make AOA without violating provisions is Act & Thereafter registers for implementation. Any act & actions against registered AOA is illegal & can be challenged in Court of Law. Elected Directors cannot make their own laws without amending AOA as per provisions of Companies Act. So also retiring Directors CC members cannot declare themselves as reelected against provisions of our IIISLA's AOA. If they want to declare themselves as reelected then they have to first alter AOA according to provisions of Companies Act which needs to be consented by members of IIISLA who are supreme for managing our incorporated Institute. The elected CC cannot declare that they are dictators like Pakistan's earlier affairs. IRDA has given birth to our IIISLA but even they cannot now alter since members have joined who are now supreme to do in any way without violating Companies Act. This is the reason our IIISLA can never get Charter status since our Institute is unable to manage our own Institute by violating set Rules. The actions being taken by existing CC is void ab initio.

There must be election every year as per AOA. The Constitution of India is also amended by Parliament after following all provisions of set regulations. So in my opinion the elected members cannot declare themselves as reelected by voice vote which was carried without seeking consent of all present members who were taking lunch at that time. In my view the affairs are managed very badly by violating set regulations and it ca be challenged in a Court of Law. I suggest to take guidance of senior Practicing Company Secretaries available in Hyderabad where our elected Central Council member is present belonging to ICSI regulatory body of all CS in India. This is my views for seeking further advice from legal Counsels & PCS.

CS B. D. Mohta, FIIISLA,

Bangalore 

Sent from my iPhone

[bdm...@gmail.com]

Mr. Anoopkumar is right for his observations. The AOA is our regulations which has been drafted by IRDA, promoter and registered with ROC - authorised by Ministry of Corporate Affairs. Once AOA is taken on record it becomes law for our IIISLA. The Companies Act prescribes to make AOA without violating provisions is Act & Thereafter registers for implementation. Any act & actions against registered AOA is illegal & can be challenged in Court of Law. Elected Directors cannot make their own laws without amending AOA as per provisions of Companies Act. So also retiring Directors CC members cannot declare themselves as reelected against provisions of our IIISLA's AOA. If they want to declare themselves as reelected then they have to first alter AOA according to provisions of Companies Act which needs to be consented by members of IIISLA who are supreme for managing our incorporated Institute. The elected CC cannot declare that they are dictators like Pakistan's earlier affairs. IRDA has given birth to our IIISLA but even they cannot now alter since members have joined who are now supreme to do in any way without violating Companies Act. This is the reason our IIISLA can never get Charter status since our Institute is unable to manage our own Institute by violating set Rules. The actions being taken by existing CC is void ab initio.

There must be election every year as per AOA. The Constitution of India is also amended by Parliament after following all provisions of set regulations. So in my opinion the elected members cannot declare themselves as reelected by voice vote which was carried without seeking consent of all present members who were taking lunch at that time. In my view the affairs are managed very badly by violating set regulations and it ca be challenged in a Court of Law. I suggest to take guidance of senior Practicing Company Secretaries available in Hyderabad where our elected Central Council member is present belonging to ICSI regulatory body of all CS in India. This is my views for seeking further advice from legal Counsels & PCS.

CS B. D. Mohta, FIIISLA,

Bangalore 

Sent from my iPhone

[sairam iyer]

DEAR MEMBERS,

CAN ANY BODY HAVE A COPY OF ARTICLE OF ASSOCIATION  AND IT'S LAWS AND BYLAWS. LET US STUDY IT IN DETAIL  AND WORK OUT IF AN  EMERGENCY MEETING CAN BE CALLED FOR DISSOLVING THE  COMPLETE IISLA BODY AND POSSIBLE  RE- ELECTION . CAN WE (MEMBERS)OR EXISTING OFFICE BEARERS( LOYAL TO MEMBERS)  CAN PUT FORWARD NO TRUST MOTION . IF AOA ITSELF IS FRAMED IN A SMARTER WAY  THEN ONLY OPTION IS TO GO IN COURT OF LAW. FILE A LITIGATION, OBTAIN STAY TILL FURTHER FINAL HEARING.  PETITION CAN BE FILED STATE WISE CHAPTER .

WITH WARM REGARDS

SAIRAM K IYER

NAGPUR

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[S. Anoop Kumar]

Mr Sriram Iyer,
The IIISLA AOA available on IIISLA website and can be downloaded. We have no call back option of elected council members. They should retire once their term of office is over. They have no choice. 4 members are due to retire now.
Regards,
S Anoop Kumar.

Er Rahul Jaddav
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[s.anoo...@gmail.com]

Dear Shri Atul Datt sir,

Good morning.  I am forwarding to you a message posted by Mr. Rahul Jadhav, a central council member of IIISLA.  The matter is related to the reappointment of 4 council members who are due to retire and have granted themselves extension of their term by 2 years without going the trho the process of elections.  

You are a surveyor, an arbitrator, a management consultant, and most importantly you were part of the adhoc committee which formed the IIISLA and took an active role in drafting the M&AOA of IIIISLA.  So you are thorough with the rules framed, the intent and spirit behind them.   I would request you to offer your expert opinion as the founding fathers of IIISLA.

[s.anoo...@gmail.com]

Dear friends,

I find certain members like Samir Joshi, TP Singh and Santosh Rajanna expressing support to the message posted by Mr. Rahul Jadhav and also supporting the illegal actions by the IIISLA council members.  They are totally ignorant of the IIISLA AOA and the Companies Act.  

IIISLA is not a private or proprietary company to be run and (mis)managed by few at the CC level.  We need to follow the AOA and the rules.  Otherwise we are allowing a few to kill IIISLA and also the profession of insurance surveyors with it.  We have seen it happen in IISA which vanished without a trace.  But we have not learnt any lessons.   With such a mindset of the members, not IRDA, not GOI, not anyone, and not even the God can save IIISLA and the profession.  

Regards,

S. Anoop Kumar.

Sent from my iPad

On 17-Nov-2015, at 2:33 PM, Samir Joshi <joshisa...@gmail.com> wrote:

I am agreed with Mr. Jadav on this point of time & Hoping from Mr. Jadhav to extend his help to elected full body of Gujarat Chapter on same way & same line.

Samir Joshi

Surveyor/Loss Assessors

517, City Center,

Near Sosyo Circle,

Udhana - Mugdulla Road,

SURAT

M: 98241 25963

On Mon, Nov 16, 2015 at 10:59 AM, Tp Singh <tpsin...@gmail.com> wrote:

Dear,

All the current matter has more important and be given  top priority rather then election but stress on the present development in the rule, Act and others independent professional  related matter. The CC members and elected body may inform development/ information with the members

I request to all of you be prepare for help and scarify to save the surveyor community/IIISLA.

T.P.Singh 

T.P.Singh

On Sun, Nov 15, 2015 at 7:25 PM, Venu Sur <venu...@gmail.com> wrote:

Dear Members,

This is High time to Support and strengthen the hands of IIISLA CC members.

On Sun, Nov 15, 2015 at 6:06 PM, santosh rajanna <santosh...@gmail.com> wrote:

Dear Mr. Rahul Jadhav,

What you have said is 100% correct and we want a stable and united council to fight to get out rights from IRDAI. No need to go for election make changes in AOA and go ahead, we are with you.

Thank You,

Santosh. R

On Sun, Nov 15, 2015 at 4:20 PM, A Prakashsindhur <prakashs...@gmail.com> wrote:

Dear All

Mr Rahul Jadhav is rightly expressed his views towards the present situation. Now it is the time to protect our fraternity first, for any elected or nominated chair person the minimum 2 to 3 years of time or even more  is required to understand & work together. So if it is amended in our AOA is well & good. Since our association work is an honorable job which has to be done without any expectations & earning for their family. In this situation we all SLA members have to give moral support & strength to our CC members.

Please keep hopes on our CC members, definitely they will fight for our rights. We all should extend our full support to them.

Since it is an very sensitive matter & more over our CC members have to tackle it very carefully with IRDA. Hence we have to wait for those move & results. If time comes once again we should be ready to protect throughout India in their places.

Any how along with Mr RKE many leagal experts are there in our Association let us keep good hopes on them.

Since we have many senior & well knowledge members with us I request all of them to give good & correct suggestions ( your suggestions not only stick on to messages boards) with moral support. Practically moral support is very essential to our IIISLA. 

With Regards
Prakash. A.Sindhur
Bengaluru

On 15 Nov 2015 11:29, "rahul jadhav" <rahul.ja...@gmail.com> wrote:

Dear brothers

I have just gone through the whats up message posted by Mr Lakhdive and written by Mr Anup Kumar who is from Hyderabad (where IRDA HO is situated ).Wherein he has written  many things but none of them for the welfare of  the fraternity.
In the AGM also he wasted time of the house asking why some CC member is called Chief Mentor. This issue is definitely not concerned with the welfare of the fraternity. Secondly he has expressed his concern about re-appointment of retiring CC members (4 members who had been elected 8 months back for 3 yrs tenure). This reappointment is subject to the tenure of election as per amended Co. Act. Hence where does the question of sticking to the chair as mislead by Mr Anup arise?
It has been observed that IRDA is against independent surveyors and have issued /framed regulations which we are facing currently. Also they have framed the present AOA wherein retirement by lot is mentioned for elected directors, that means they should face election just after they resumed their role as a director (think whether it is logical & justified?) It clearly indicates that they don't want a stable council of IIISLA and in absence of a stable body IRDA can rule and dictate terms as per their choice even if they are illegal and anti surveyors. It is really painful so see that without touching these facts, members like Anup Kumar are deliberately raking up this election issue as if it is a matter of life and death for the fraternity. Also it is to be noted that the promoter directors on the IIISLA Council (Nominees of IRDA and GOI) have retired, legally these posts have to be filled first, why is Mr Anoop Kumar silent on this matter?
In the last AGM Sr surveyors like Mr Nalluri have pointed out that such necessary changes (re-appointment subject to elected tenure) for a stable council can be made in AOA by passing suitable amendments. This will not only bring stability but also save hard earned money of the IIISLA members.
You will appreciate that the council has made various representations to IRDA time and again whether it be Exposure draft, 64 UM, Insurance Advisory Committee, Select committee of Parliament and various other forums. Inspite of our sincere efforts it is evident that IRDA is hell bent upon confrontation with surveyors and therefore it has not bothered to respect the elected mandate and the results are before us in the form of surveyors regulations—2015.
Friends it is upto you to decide at this crucial time whether IIISLA CC should focus on elections or burning issue like surveyors regulations -2015. I leave it to your wisdom and fine sense of judgment. ..

Er Rahul Jaddav

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Regards,

V.venugopal,
Surveyor

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[Avtar Singh Bagga]

Dear Sirs,

Mr Anoop kumar analysed the situation very correctly & rationally in view of AOA ( as they are aware of the same), still CC members are misguiding & cheating the surveyor fraternity. Unity is requirement of the day but CC is not coming with Road Map - for saving the profession & want to act behind the curtain, no transparency is found their actions, so please think before any support to present CC & force them to retire & they are not elected in view of AOA.

Regards

A S Bagga  

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A S Bagga
Surveyor & Loss Adjuster
SLA - 19078 (Valid 6th March 2018)
Cell : 9414168143
Off : 0294 - 2470179

Address : 6 Bohra Ganesh Colony
Dhool Kot Choraha
Pahada Link Road
Udaipur - 313 001 (Rajasthan)

[Atul Datt]

Dear Shri Anoop Kumar,

 

Upon receipt of your trailing email of earlier today, I referred the matter along with a copy of the AOA & MOA of IIISLA, to a Council Member of the Institute of Company Secretaries of India (ICSI), who has a three & a half decades of Secretarial practise under his belt. Based on his feedback, the responses to your three questions are as follows,

 

a) In respect of your question (1), Retiring Council Members can only be reappointed to the Council after being duly elected. The steps to be followed in order to carry out the process of Elections to the Council are well defined and preclude their being elected by voice vote during an AGM or in a Meeting of the Council.

 

b) In respect of your question (2), the answer is as above.

 

c) In respect of your question (3), it would be an illegality on part of the Council Members to ignore the provisions of the AOA and grant themselves any extension beyond that provided in the AOA and in doing so they would be culpable both civilly & criminally.

 

I trust the above settles the issue.

 

Best regards,

 

ATUL  DATT

SLA, New Delhi

+91 99990 62620

ad...@adamspencer.in 

 

From: s.anoo...@gmail.com

Sent: Thursday, November 19, 2015 6:03 AM

To: Atul Datt Delhi Surveyor

Cc: insurance-su...@googlegroups.com ; insurance...@googlegroups.com

Subject: Fwd: indian-insurance-surveyors IIISLA CC election

 

 

Dear Shri Atul Datt sir,

 

Good morning.  I am forwarding to you a message posted by Mr. Rahul Jadhav, a central council member of IIISLA.  The matter is related to the reappointment of 4 council members who are due to retire and have granted themselves extension of their term by 2 years without going the trho the process of elections. 

 

You are a surveyor, an arbitrator, a management consultant, and most importantly you were part of the adhoc committee which formed the IIISLA and took an active role in drafting the M&AOA of IIIISLA.  So you are thorough with the rules framed, the intent and spirit behind them.   I would request you to offer your expert opinion as the founding fathers of IIISLA.

 

1. Can the retiring council members be reappointed for further term by way of voice vote at the general meeting or by the council members in their council meetings?
   
2. Do the provisions of IIISLA AOA permit such appointment of council members without going through the process of elections? 
3. Can the CC members ignore the provisions of AOA grant themselves extension of their term by any means other than elections?

Please provide your valuable opinion and good advice.  All we are looking at and expecting is that IIISLA should work and act like a professional institution.  If such extension of term is permissible, we even do not mind if the central council members grant themselves term for life without going thro the election process.  The council members for life.  This saves us lots of bother every year and also great amount of expenses. 

With best regards,

Sincerely,

S. Anoop Kumar,

Hyderabad.

+91 9849042132

_________________________________________________________

 

On Sunday, November 15, 2015 at 11:29:09 AM UTC+5:30, rahul.jadhav.abd wrote:

 

Dear brothers

I have just gone through the whats up message posted by Mr Lakhdive and written by Mr Anup Kumar who is from Hyderabad (where IRDA HO is situated ).Wherein he has written  many things but none of them for the welfare of  the fraternity.
In the AGM also he wasted time of the house asking why some CC member is called Chief Mentor. This issue is definitely not concerned with the welfare of the fraternity. Secondly he has expressed his concern about re-appointment of retiring CC members (4 members who had been elected 8 months back for 3 yrs tenure). This reappointment is subject to the tenure of election as per amended Co. Act. Hence where does the question of sticking to the chair as mislead by Mr Anup arise?
It has been observed that IRDA is against independent surveyors and have issued /framed regulations which we are facing currently. Also they have framed the present AOA wherein retirement by lot is mentioned for elected directors, that means they should face election just after they resumed their role as a director (think whether it is logical & justified?) It clearly indicates that they don't want a stable council of IIISLA and in absence of a stable body IRDA can rule and dictate terms as per their choice even if they are illegal and anti surveyors. It is really painful so see that without touching these facts, members like Anup Kumar are deliberately raking up this election issue as if it is a matter of life and death for the fraternity. Also it is to be noted that the promoter directors on the IIISLA Council (Nominees of IRDA and GOI) have retired, legally these posts have to be filled first, why is Mr Anoop Kumar silent on this matter?
In the last AGM Sr surveyors like Mr Nalluri have pointed out that such necessary changes (re-appointment subject to elected tenure) for a stable council can be made in AOA by passing suitable amendments. This will not only bring stability but also save hard earned money of the IIISLA members.
You will appreciate that the council has made various representations to IRDA time and again whether it be Exposure draft, 64 UM, Insurance Advisory Committee, Select committee of Parliament and various other forums. Inspite of our sincere efforts it is evident that IRDA is hell bent upon confrontation with surveyors and therefore it has not bothered to respect the elected mandate and the results are before us in the form of surveyors regulations—2015.
Friends it is upto you to decide at this crucial time whether IIISLA CC should focus on elections or burning issue like surveyors regulations -2015. I leave it to your wisdom and fine sense of judgment. ..

 

Er Rahul Jaddav

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[S. Anoop Kumar]

Mr. Rahul Jadhav, a central council member, posted his views on retiring council members on whatsapp media.
He clearly ignores the expert opinions given by Mr. BD Mohta and Mr. Atul Datt Mr. Atul Datt clearly stated that he has referred the matter to a council member of ICAI who is expert in company affairs for over 35 years.
I also mentioned in my earlier message that wherever our AOA is clear in expression it prevails. Wherever it's not expressed we need to refer to company law.
Now read the message of Rahul Jadhav yourself
___________________________
Gone through the message posted by Mr Nalluri and written by Mr Anup.
In my earlier message I stressed on the co. act 2013 .but Mr Anup sought the opinion of expert by asking him 3 questions which expert have answered . In the questions raised by Mr Anup he didn't touched the co.Act 2013.
Our Institute is registered under Co Act and whenever any Act is amended you have to change / amend your regulations accordingly within 120 days or it is deemed to understood that they are amended as per Act which supercedes any type of regulations.
So thanks for Mr Anups efforts taken previously but as regards to the Co Act he was silent and my message was stressing to Co Act only.
And as per co Act members of the Institute who have elected thier directors for 3 yrs tenure will be rightfully complete thier tenure and no one can deprive them from this even imposed regulations by IRDA.
Now Pl send this message as it is without adding your comments to have unbiased opinion of Expert.
Regards
Er Rahul Jadhav

[S. Anoop Kumar]

Mr.  Rahul Jadhav is quoting the Companies (Amendment) Act 2013. 

Now let us ponder on the following points...

A.  IIISLA council took oath of office during February 2015.

B. During the 1st CC meeting held during February 2015 they have decided to draw the lots to determine the list of members who are to retire after 1 year  and also after 2nd year.

C.   In the AGM notice and agenda the CC declared the names of 4 retiring council members and proposed their reelection.

D.   In the AGM held on 29-09-2015 the CC got the resolution passed clandestinely and illegally.

E.  When several members raised objections later, the CC members never quoted the Companies Act, 2013.

F.  All the while the Companies Act 2013 was prevalent.   Then why quote the Companies Act now as if it has just come now into force.

It only reveals how much our CC members would like to get glued to their seats permanently,  disregarding the AOA and conveniently interpreting the laws to their advantage.

Now we know our leaders.

Regards,
S Anoop Kumar.

[Atul Datt]

Dear Sh. Anoop Kumar,

I've read with interest the contents of the trailing emails of Sh. Jadhav
and yourself.

It appears, Sh. Jadhav is unclear about the terms, "Articles", "Regulations"
& "IRDA Regulations". Be that as it may, on reconfirmation, this morning,
the opinion of the Council Member of ICSI, cited by me in my post yesterday,
stands; as it based on the laws as applicable currently. The reappointment
of the Retiring Council Members, therefore, is clearly illegal.

Best regards,

ATUL DATT
SLA, New Delhi

ad...@adamspencer.in
+91 99990 62620

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[S. Anoop Kumar]

Dear Friends, 

Please read the trailing mail of Mr. Atul Dutt.  I wish the central council members show their wisdom and behave with reason.  They are not only sending a wrong message about themselves, their motives and intentions, but they are doing a great harm to IIISLA and to the profession of insurance surveyors.  Members are already losing their faith and trust in our CC members.  

Regards,

Sincerely,

S. Anoop Kumar,

Hyderabad.  

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>> any court of law.
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