Dear SirSection 152(6) of companies Act reads as under:6) (a) Unless the articles provide for the retirement of all directors at every annual general meeting, not less than two-thirds of the total number of directors of a public company shall—
(i) be persons whose period of office is liable to determination by retirement of directors by rotation; and
(ii) save as otherwise expressly provided in this Act, be appointed by the company in general meeting.
(b) The remaining directors in the case of any such company shall, in default of, and subject to any regulations in the articles of the company, also be appointed by the company in general meeting.
(c) At the first annual general meeting of a public company held next after the date of the general meeting at which the first directors are appointed in accordance with clauses (a) and (b) and at every subsequent annual general meeting, one-third of such of the directors for the time being as are liable to retire by rotation, or if their number is neither three nor a multiple of three, then, the number nearest to one-third, shall retire from office.
(d) The directors to retire by rotation at every annual general meeting shall be those who have been longest in office since their last appointment, but as between persons who became directors on the same day, those who are to retire shall, in default of and subject to any agreement among themselves, be determined by lot.The above provision in the act is made by MCA for Section 8 companies after a long thought process. It is because Section 8 companies are "Not for Profit" companies and hence the accountability of the directors are not very severely considered, just like the accounts for FY 2019-20 is passed smoothly, though there were no approvals for lot many things. So in order to maintain the continuity of working and also the activities visible to all this retirement by rotation is there in the act.Yes, as stated in 6(a) as above the AoA can provide for 3 years term, But is it really required? It was due to the crisis created in IIISLA we had to go for a full CC election in 2018.Now think otherwise, not getting full year is only applicable to those 7 CC members who were determined by lot by Election officer ie:Mr.Sachin MulgeMr.Dulal Chandra DasMr.Manoj BhargawaVacancy created by Sad demise of Shri ElangoThe above CC members got only one year term and its because the entire CC got elected in one shot.The Second Lot:Mr.Rahul JadhavMr.Rajnish DesaiMr.A R RameshVacancy created by Sad demise of Shri D C S RajuThe above CC members are getting two years term and its because the entire CC got elected in one shot.The third Lot:Mr.Sreekumar S PillaiMr.Tanmoy SarkarMr.Vipin Kumar ShuklaMr.Ajay GirdharThe above CC members are getting three years term.Now by this month end four directors will be elected and inducted, they will automatically get three years and things will go on like that.Then why our President should worry about three years term? The actual worry is how to to get one more year or remain seated for the whole life? I hope now members should have got the clue for Co- option, AoA amendment etc. If he is so worried about IIISLA and his zeal to work for her let him retire in July 20 and come back to the council through election. Members will support or reject him depending on his performance.Respected members, save IIISLA from getting trapped in ChakravyuhaELect Team PositiveWe needNaishadh DesaiDulal Chandra DasManoj BhargawaThis is not an election campaign, rather it is a save IIISLA Campaign.With best regardsSreekumar S PillaiOn Thu, Jan 21, 2021 at 2:23 PM Saroj kumar Panda <milu...@gmail.com> wrote:Dear Sir👍👍I do agree with the election procedure in every three years so that the office bearers can perform better so as with the concept of approved institute.
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This is neither a good language nor a good tone to respond, least to ay from a president. I am sure you will not be able to make any work for IIISLA who has no control on his written words.
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Dear Mr Jadhav,What ever I have written, I have written with support and explanation. I had been saying that present council is inexperienced in company management and selfish too to safeguard their seat and I stand for my statement.Here is anothe evidence- that I was going through your mail and letters that you have given to Hon'ble Minister of State Shri Anurag Thakur and I have no hesitation to say that this is a step made in a hurry more to influence voters than actual intent of doing something concrete and achievable.1. On going through the letter, I was surprised that president of a company does not know when the same was incorporated. Read your letter, you have written 2004. Then you are trying to explain who promoted the Institute. Dear President, it is this government who passed your identity in Parliament. Do You still need such an introduction?2. I was then reading your demand to wave off GST for Surveyors. That reflects your ignorance. Parliament has formed a GIC Council which is now the deciding authority about GST. Writing a letter to Minister is not at all fruitful. The matter must be put before GIC Council. If I am not wrong, IIISLA was given an opportunity during present council only but council to convince GIC Council and failed to put their reasoning properly. Does it not reflect inexperience of council?3. You have already accepted in one of your messages that council knowingly filed a prematur case in Delhi High Court against regulations 2020. Do you want to say that such an act and decision deserves any appreciation. Council did it with hard earned money of surveyors, just for an adventure? I know your statement, that it was done knowingly, is incorrect, because when IRDAI appealed to same court for a correction, this was you who again tried to boost that you have won the case as IRDAI has gone to appeal. The fact was that IRDAI appealed only for a correction and they got in one hearing only. That shows your knowledge of LLM also.I can write a long list of such actions of council which have downgraded the institute and its reputation. One single act of yours is enough to tell your maturity of management, that one of the council had to bring to public the issue of cooption. Even you have failed to reason it. The only answer being propagated is that it is legal. Then what a maturity of president that you are blaming your own council member (that too who was part of your team when elected) in public? that shows that president is not able to make a consensus within council because he is not democratic and administratively competent.I understand and have experience that election is important and winning it too, but if intentions are more to secure own place, then Institute is defeated and that is what you are aiming to.I wish members understand it and act wisely in present election and do not hand over Ids and PW.thanks & regards
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"We are just a phone call/click away from you"
Respected members,Please say NO to so called TEAM STRONG and cast your valuable votes in favor of the TEAM POSITIVE for better future of the independent and individual surveyor's community.On Fri, 22 Jan 2021, 10:38 Manoj Bhargava, <604...@gmail.com> wrote:Dear Friends,We hereby PROMISETo give practical EOI/LAA solutions through H.O.RegardsManoj BhargavaAll India ContestantTEAM POSITIVEOn Fri, Jan 22, 2021 at 9:08 AM Sreekumar S.Pillai <sspill...@gmail.com> wrote:Respected MembersThis is what the kind of maturity our President has, now you may decideWE NEEDTEAM POSITIVEPLEASE VOTE FORNAISHADH DESAIDULAL CHANDRA DASMANOJ BHARGAWAwith best regardsSreekumar S Pillai
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"We are just a phone call/click away from you"
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