[CSMysore] Query on leave of absence

[sumit phadnis]

Please clarify whether it is mandatory as per company law to collect letter or mail from absenting directors before granting them leave of absence. If yes, please provide the relevant section/s. Thanks.

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[ARV]

Dear Sumit,

 

The reply to your query is yes. In my opinion alternate directors should communicate their leave of absence to the Company compulsorily, considering his very capacity as an alternate to the orginal director.

 

Further Section 283(1)(g) states the relevance of taking leave of absence in order to avoid vacation of office by directors.

 

Members view please.

 

Regards,

Arvind
 

[Sridevi B.N]

Seeking leave absence is with the discretion of the director. Director can seek leave of absence by written or oral.

 

As per Section 283(1) (g) of the Companies Act, 1956, the office of the director shall become vacant if he absents himself for three consecutive meetings of the Board or from all meetings of the Board for a continuous period of three months, whichever is longer, without obtaining leave of absence from the Board.

[Raman Rengan]

In my opinion it is better to take a letter for leave of absence.

Taking that a director does not attend three consecutive board meetings and the board grants him leave of absence but this is not communicated to him. Can the director claim that he has automatically vacated his office since he did not attend three consecutive meetings and there is no proof for his claiming leave of absence.

Other views are welcome.

Regards,

R. Raman

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From: Sridevi B.N <4sri...@gmail.com>
To: csmy...@googlegroups.com
Sent: Tue, 18 May, 2010 15:29:04
Subject: Re: [CSMysore] Query on leave of absence

[achuthan ragav]

It is not mandatory at all, in my view. It is the discretion of the company and Board.

Regards,

Achuthan.R

[Raman Rengan]

I do agree that it is not mandatory but it would be a good practice to take it in writing.

Regards,

R. Raman

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From: achuthan ragav <ach...@gmail.com>
To: csmy...@googlegroups.com
Sent: Tue, 18 May, 2010 18:27:09

[sumit phadnis]

Thanks all for your guidance.