27 March 2010
Dear Life Member,
I write this in response to the circular letter No. 01/2010 dated 12 February 2010 of Dr. Pabby asking all the members not to participate in the 24th Conference and the Election.
I may assure you that the 24th Annual Conference is being organised following the full legal procedure and will be held on April 10-11, 2010 at H M Patel Institute of English Training and Research, Vallabh Vidyanagar, Anand, Gujarat. I therefore request you not to believe the canard spread by a few disgruntled vested interests and participate in the Conference and the Elections.
The circular letter of Dr. Pabby has mainly raised three issues regarding the 24th Annual Conference and the Elections to be held on April 10-11, 2010. They are: a) status of Professor Juneja as authorised Trustee and Secretary 1986 EC; b) Current EC as the Operative authorised trustees and c) Reconciliation Meeting held on 25 February 2010.
a) O. P. Juneja as Authorised Trustee:
Dr. O. P. Juneja was “authorised to get the registration work done under Society Registration Act of 1860 and also to act where necessary in any Government or semi Govt. office for the same society” vide Resolution 1 on 20th February 1985 at M. S. University of Baroda. It is this Resolution which is registered on PTR-1 in the office of the legal authority. No other Resolution authorising any one else is registered with the legal authority.
Pursuant to the judgements of the Joint Charity Commissioner and Assistant Charity Commissioner Vadodara, an Extraordinary Meeting of the Founding Trustees was held in the Syndicate Room No. 3 at Indian Institute of Management, Ahmedabad on 07 February 2010 to revive the Association. The following Resolution-2 to was passed authorising Professor Juneja : “Following Article VI of the Constitution regarding Elections, it is resolved that Professor Juneja is authorised to complete all such procedures including the conduct of elections and filing the “Change Report” in the office of the Charity Commissioner Vadodara.”
Dr. O. P. Juneja was the Founding Secretary of IACS from 1985-1988. It was noted in the Reconciliation Meeting held at Canadian High Commission in New Delhi on 25 February 2010. Dr. Pabby attended that meeting.
b) Current EC as the Operative Trustees:
A few facts are to be noted about the Current EC which, in fact, is totally illegal because of the following reasons:
The term of the office of this EC was over in 2007. IACS Constitution allows only three months for extension of term and not three years.
No elections were held in 2007 when they were due because of the Order passed by the Assistant Charity Commissioner in May 2006 that rejected all the “Change Reports” and the Constitution of 1995 and re-established the constitution of 1986 and the Founding Trustees.
Accepting the judgement of the Asstt. Charity Commissioner, the then President resigned.
Both the judgements of the Asstt. Charity Commissioner of 2006 and that of Joint Charity Commissioner of 2009 have rejected the claim of the current prorogued EC as Operative Trustees of IACS. Some members of the current EC, in fact, have been fined Rs. 2000/= by the Joint Charity Commissioner in his Final Order and have been asked to pay all the legal expenses from their own pockets and not from IACS.
The claim of the current EC as the Operative Trustees is false. The legal authorities have rejected it twice.
c) Reconciliation Meeting:
Some facts about the Reconciliation Meeting held at Canadian High Commission in Delhi on 25 February 2010.
The Meeting was convened by Canadian High Commission in Delhi and the Minutes were prepared by the High Commission and signed by seven people. A scanned copy can be found at: http://www.iacsvadodara.blogspot.com
The election dates as declared in the original notice were March 13-14, 2010. It was decided to postpone the Conference either to April 10-11, or to 17-18, 2010. As the guest houses were not available during April 17-18, it was decided to choose Apil 10-11 and the current President and High Commission was informed immediately.
Following the agreement in letter and spirit, the Notice for Calling the AGM was prepared for co-signing by the current President and the Secretary (1986 EC). As the President refused to sign, the Authorised Trustee and Secretary issued the Notification with his signatures only.
The Returning Officer issued addendum to Election Notice after waiting for the additional names till the printing of the Notification on March 9, 2010. The President, who was in Baroda, made frantic calls to the Secretary in Delhi to send these names. As the Secretary did not oblige, it was decided to send the Addendum without any additions for printing. Both the President and the High Commission were informed immediately.
The possibility of holding Conference at Ahmedabad was explored. The Authorised Trustee talked to and sent emails to Reaney Canadian Centre and to Vision Education Trust in Ahmedabad. As both of them refused to host, it was decided to continue with Vallabh Vidyanagar. All concerned parties were informed accordingly.
Some More Facts:
It is interesting to note that this letter is dated 12 February 2010 when it mentions a meeting held on 25 February 2010.
This letter makes no mention of the judgement of Assistant Charity Commissioner of May 2006 rejecting all the Change Reports, the Constitution of 1995 and establishes the 1986 EC as the only legal EC. For detailed information, please visit our blog at: http://www.iacsvadodara.blogspot.com
Please note that though the letter is written in the name of the Current EC, the President (Dr. R.K. Dhawan) informs me that he has refused to sign this letter as it is in contravention of the agreement that we signed on 25 February in the presence of the officials of Canadian High Commission. I would therefore like to surmise that this letter reflects the views of a very small group of persons within the current EC, though illegal.
Yours in IACS, Om P. Juneja, Authorised Trustee and Emeritus Professor
