LEGAL NOTICE TO DR. C.P. RAVICHANDRA

LEGAL NOTICE TO RAVICHANDRA: OCTOBER 2006

Ravindra M. Joshi Office: E/2, Laxmi Apartment
B.Sc.. LL.B., D.L.P. Nr. Bholabhai Mata Mandir,
ADVOCATE R.V. Desai Road, BARODA PH. 241 3085
(Gujarat High Court ) Resi: 21/B JANAKPURI SOCIETY
MANJALPUR, BARODA -11
PH: 264 3557

O/W No. 13 / 2006-07
Dated: 12 October 2006

Dr. C.P. Ravichandra,
Department of English,
University of Mysore
Mysore - 570006

SUB: LEGAL NOTICE

I, advocate Ravindra M. Joshi, under the instructions and information from Dr. O. P. Juneja, the Authorized Trustee of the Indian Association for Canadian Studies, Vadodara hereby serve you this notice as under:

You are hereby informed to follow in letter and spirit the Order (the operative part of the judgement) quoted below of the Assistant Charity Commissioner Vadodara passed on 22 March 2006 (copy enclosed) in the matter of the change Report Number 275/02 filed by Professor Jameela Begum and subsequently by Dr. Chandra Mohan.

ORDER

This Change Report is rejected. Action should be taken to record this Order on the
PT R and the concerned parties be informed about his Order.

The implications of this Order are the following:

· No activities of IACS including the new constitution, the elections, the office-bearers, and members of the Executive Committee after 1994 are legal.

· The Trustees of IACS are the nine founding trustees including Dr. O. P. Juneja as the Authorised Trustee. Please refer to paragraph 7 of the judgement, which reads,
“Hence the Executive Committee which was recorded in 1986 still continues to be in existence.”

· The Change Report that was submitted by Dr. Chandra Mohan in 1995 and was “filed” by the Charity Commissioner in 1997 has now been rejected completely. Please refer to the following paragraph 9 of the judgement:
“Apart from this, after examining the affidavits filed by the Applicant and Dr. Chandra Mohan, the veracity of the above facts cannot be proved… Under these circumstances, this Change Report is not worthy of acceptance”.

· IACS cannot have any office outside Baroda as the registration of Indian Association for Canadian Studies Vadodara is in Gujarat and therefore for all operational purposes it is a Gujarat body. To have an all India registration it should have had seven trustees from seven different states of India at the time of registration.

· Only the initial trustees from Baroda can operate the academic, administrative, financial and any other activities IACS.

· There already exists a bank account of the initial body and all money in whichever account of the IACS needs to be deposited and transferred there.

2. ACCOUNTS AND FINANCIAL MATTERS:
You may note that Indian Association for Canadian Studies is registered with the Government of India for receiving Foreign Contributions under Registration No. 041960074. Under FERA (now FEMA) rules, it is required to receive all the Foreign Contributions in the SB A/C 5036 opened for this purpose with Indian Bank, Fatehgunj, Baroda. Dr. Jaydipsinh Dodia, a Life member, has reported the violation of this Act to Government of India in his letter dated 25 May 2005 as no Foreign Contributions have been credited to this account since 1999 and also about the illegal account No.15019 in the name of IACS with State Bank of India, South Campus Delhi University branch.

We may inform you that the Association has no other bank account anywhere in India or abroad and it is illegal to have such accounts in the name of IACS, which is registered both as a Trust and as a Society with Charity Commissioner Vadodara and Registrar of Societies Vadodara. You are hereby directed to give complete accounts until date to my client and to transfer all the Foreign Contributions and other moneys to this account within 15 days from the receipt of this letter. Failing which legal action will be taken against all those who are responsible for the violation of FERA (FEMA) rules and for non-c0mplieance of the Order of the Assistant Charity Commissioner, Vadodara.

My clients had also represented about this violation of FERA rules and other financial irregularities, misappropriations and embezzlement to Canadian High Commission, New Delhi, and Government of Canada, Ottawa. Consequently, Canadian High Commission has informed you that no grants can be released to you. The said letter of 12.09.06 however shows you some indirect ways and means to receive grants from the High Commission. In our opinion, the actions taken by you on the said letter are violative of the following rule of FERA for which you can be persecuted and you will be liable for dishonouring the above quoted Order of the Assistant Charity Commissioner Vadodara.

In the light of the Order dated 22.3.2006 of the Assistant Charity Commissioner Vadodara, I hereby direct you to deposit all the savings/ surpluses of earlier grants in the registered Savings Bank Account No. 5036 with Indian Bank, Fatehgunj. Similarly, all the Membership fees (annual as well as life membership fees) be deposited in Savings Bank A/C No. 6376 of Indian Bank, Fatehgunj, Vadodara. If you fail to deposit all such moneys to these accounts within 15 days from the receipt of this letter, legal action following the Bombay Public Trust Act will be taken against you.

3. RECORDS AND ASSETS OF THE ASSOCIATION:
In view of the above Order, I hereby inform you that all the minutes, agendas, and records of the Association including the files of correspondence with members and others in the name of the Association be sent to the Registered Office in Baroda. Further, that all the assessts including fax machines, computers, telephones etc. be also sent to the registered office of the Association at Baroda.

4. ANNUAL GENERAL MEETING AND ELECTIONS:
In a circular letter printed on the letterhead of Indian Association for Canadian Studies dated July 25, 2006 in the names of D. K. Pabby, Secretary, and C. P. Ravichandra, President, it has been announced that the XXIII IACS International Conference will be held on February 23-25, 2006 at University of Jammu. I hereby inform you that you cannot announce and organise the said conference without complying the above quoted Order of the Assistant Charity Commissioner Vadodara. Further that you are required to consult my client before announcing or organising any such conference or event, as he is the authorised trustee of IACS.
Following the set practice the Annual General Body Meeting may also take place during this Conference. You are hereby informed that the said meeting will be illegal and a clear violation of the above quoted order.

Further, you are hereby informed that you have no legal and moral right to announce and conduct elections of the office bearers and the executive committee. Following the above quoted Order of the competent legal authority this right is reserved with Trustees registered in Schedule 1 of PTR under BPTA.

5. PUBLICATIONS OF NEWSLETTERS/ JOURNALS:
Please note that the honourable Assistant Charity Commissioner has rejected the claims of Professor Jameela Begum and Dr. Chandra Mohan as the Trustees of the Association and has informed in this Order that the office of the Association is located in the Department of English, M.S. University, Vadodara. Any operations carried out from any other office in India or abroad are legally invalid. You are hereby informed that the operations carried out by you from Delhi and Mysore are illegal. Hence, the issuance of the Newsletter in the name of Indian Association for Canadian Studies and publication of the Indian Journal of Canadian Studies is a violation of the above Order of the Assistant Charity Commissioner, Vadodara. You are therefore advised not to print, publish, or circulate these publications in future and to withdraw them if you have done so after 22 March 2006.

I hereby call upon you to:

Deposit all the minutes, agendas, and records of the Association including the files of correspondence with members and others in the name of the Association. As also correspondence regarding financial transactions, Agreements signed with government of Canada for receiving grants; FC-3 forms submitted to government of India; books of accounts, statements of accounts and auditor’s report; receipts, vouchers, invoices and other financial documents in the Registered Office at Baroda.

Send all the assessts including fax machines, computers, telephones etc. to the registered office of the Association at Baroda.

Deposit all the money from savings/ surpluses of earlier grants in the registered Savings Bank Account No. 5036 with Indian Bank, Fatehgunj, Vadodara and all the Membership fees (annual as well as life membership fees) be deposited in Savings Bank A/C No. 6376 of Indian Bank, Fatehgunj, Vadodara.

Not to print, publish, or circulate any publications including Newsletter, Indian Journal of Canadian Studies in future and to withdraw them if you have done so after 22 March 2006.
Not to call the Annual General Meeting of IACS.

Not to announce and or conduct any elections of the office bearers and executive Committee of IACS.

Not to use the official logo, letterhead, and name of Indian Association for Canadian Studies for any purpose without the permission of the trustees registered on Schedule 1 of PTR under BPTA.

Stop mentioning such offices as: Functioning Office, Editorial Office etc. because IACS has only one office and it is at Baroda and nowhere else.

Under the instructions and information of the client

(Ravindra M. Joshi)
Advocate

_______________________________
(Dr. Om P. Juneja)
Authorised Trustee, IACS


Vadodara:
Dated: 12 October 2006

Enclosure: one

CC: Vice Chancellor, University of Mysore, Mysore.
Head, Public Affairs, Canadian High Commission, New Delhi.