Appointment of Managing Director instead of Secretary for Apex Societies

§31-A

Summary

3[31-A (1) For every apex society there shall be, instead of a Secretary, a Managing Director who shall be a government servant not below the rank of a class I officer, nominated by the State Government, and his services shall be deemed to be on deputation with the society and his salary and allowances, as determined by the State Government, shall be paid from the funds of the society. (2) The Managing Director shall be ex-officio member of the Committee of Management. (3) All references in the Act to Secretary shall in relation to an apex society be construed, wherever practicable, as references to the Managing Director. (4) The Managing Director shall be Chief Executive Officer of the apex society and subject to such control of the Committee of Management and the Chairman, 1[as may be provided in the rules], he shall have the following duties and responsibilities, namely :- (i) to have general control over the administration of the society ; (ii) to convene meetings of the Committee of Management and the general body ; (iii) to receive all moneys and securities on behalf of the society and to make arrangements for the proper maintenance and custody of cash balances and other properties of the society ; (iv) to endorse and transfer promissory notes, Government and other securities and to endorse, sign and negotiate cheques and other negotiable instruments on behalf of the society ; (v) to be responsible for the general conduct, supervision and management of the day-to-day business and affairs of the society ; (vi) to sign all deposit receipt and operate the accounts of the society with banks ; (vii) to sign all bonds and agreements in favour of the society ; (viii) to create, subject to provisions contained in the budget of the society, class III and class IV posts for a period of 3 months and to make, as appointing authority, recruitment thereto through the Board as provided in the regulations framed by the State Government in exercise of the powers under sub-section (2) of section 122 ; (ix) to determine the powers, the duties and responsibilities of the employees of the society ; (x) to institute, conduct defend, compound or abandon any suit or other legal proceeding by or against the society or otherwise concerning the affairs of the society and also to compound and allow time for payment or satisfaction of any claims or demand by or against the society ; 2[(xi) subject to the regulations, if any, which may be framed by the Committee of Management to enter into negotiations and sanction contracts up to the value of Rs. 10 lakhs each during the construction phase and up to Rs. 5 lakhs each thereafter and to do all such acts, deeds and things in the name of and on behalf of the society in relation to any of the matters aforesaid for the purposes of the society ; ] (xii) to delegate all or any of the powers, authorities and discretions vested in him to an employee or employers of any society, subject to the ultimate control and authority being regained by him.]1 2[ (5) Notwithstanding anything to the contrary in any other provision of this Act or the rules and regulations made thereunder and bye-laws of society the Managing Director shall have power to transfer, suspend and initiate disciplinary proceeding against the employees of the society.]

3[31-A (1) For every apex society there shall be, instead of a Secretary, a Managing Director who shall be a government servant not below the rank of a class I officer, nominated by the State Government, and his services shall be deemed to be on deputation with the society and his salary and allowances, as determined by the State Government, shall be paid from the funds of the society. (2) The Managing Director shall be ex-officio member of the Committee of Management. (3) All references in the Act to Secretary shall in relation to an apex society be construed, wherever practicable, as references to the Managing Director. (4) The Managing Director shall be Chief Executive Officer of the apex society and subject to such control of the Committee of Management and the Chairman, 1[as may be provided in the rules], he shall have the following duties and responsibilities, namely :- (i) to have general control over the administration of the society ; (ii) to convene meetings of the Committee of Management and the general body ; (iii) to receive all moneys and securities on behalf of the society and to make arrangements for the proper maintenance and custody of cash balances and other properties of the society ; (iv) to endorse and transfer promissory notes, Government and other securities and to endorse, sign and negotiate cheques and other negotiable instruments on behalf of the society ; (v) to be responsible for the general conduct, supervision and management of the day-to-day business and affairs of the society ; (vi) to sign all deposit receipt and operate the accounts of the society with banks ; (vii) to sign all bonds and agreements in favour of the society ; (viii) to create, subject to provisions contained in the budget of the society, class III and class IV posts for a period of 3 months and to make, as appointing authority, recruitment thereto through the Board as provided in the regulations framed by the State Government in exercise of the powers under sub-section (2) of section 122 ; (ix) to determine the powers, the duties and responsibilities of the employees of the society ; (x) to institute, conduct defend, compound or abandon any suit or other legal proceeding by or against the society or otherwise concerning the affairs of the society and also to compound and allow time for payment or satisfaction of any claims or demand by or against the society ; 2[(xi) subject to the regulations, if any, which may be framed by the Committee of Management to enter into negotiations and sanction contracts up to the value of Rs. 10 lakhs each during the construction phase and up to Rs. 5 lakhs each thereafter and to do all such acts, deeds and things in the name of and on behalf of the society in relation to any of the matters aforesaid for the purposes of the society ; ] (xii) to delegate all or any of the powers, authorities and discretions vested in him to an employee or employers of any society, subject to the ultimate control and authority being regained by him.]1 2[ (5) Notwithstanding anything to the contrary in any other provision of this Act or the rules and regulations made thereunder and bye-laws of society the Managing Director shall have power to transfer, suspend and initiate disciplinary proceeding against the employees of the society.]

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