The last AGM of Society was held five years back in 2012. Mumbai based at fag end of South Mumbai.
Following misapplication of funds by Chairman as sole beneficiary, accounts were suppressed thereafter. Chairman and associates demanded return of acknowledged observations of AGM signed by a fellow cooperator and myself as Associate Member. That was refused. The uproar that followed is too cumbersome to narrate. Secretary Treasurer and ordinary office bearer resigned for fear of being implicated, true reasons not known to date. Three members were coopted and continued to Election date December, 2014.
A strange AGM Agenda handed out a few days back reads (items in brief are 3, 5)
1) To read and approve the minutes of the last AGM of the Society,
2) To consider and approve and adopt the Audited Income & Expenditure Account, Balance sheet for financial year 2012-13, 2013-14, 2014-15, 2015-16 and Statutory Auditors’ report thereon.
3) To appoint an auditor for the F.Y. 2016-17 ….
4) To consider and approve the revised Monthly maintenance bills of the members approved by the Committee. Copy of the proposed Maintenance bill is attached with the notice along with the work out as per Bye-Law No.69 (a)
5) To consider and approve admission of new members…. Since 2011. The list is attached.
6) To approve remunerations authorised officer.
7) To adopt new Bye-Laws as per the 97th Constitutional amendment.
8) Any other matter with the permission of the chair.
Based on invitation for queries we have sought to know why auditor avoided his report for 2012-2013, and 2013-14 whether owing to financial irregularities? (Item 2). Besides wondering how newly elected Secretary and Treasurer signed audited statements for earlier years when they were not even on Board.
We have queried why mandatory AGM items as working reports for each co-operative year have not been released, besides important communications from Govt authorities, competent authority which Society has received from civic body, enforcement agency, others.
(Item 4) seeking maintenance increase addressed to (106 members) 41 members A Wing, 49 members B wing and 16 shops skirting both Wings of single un-bifurcated Society, we have pointed out that only A Wing faces an increase by 260% whereas B Wing and shops have no increase whatsoever since ten years. No work-sheet covering B wings and shops have been attached. Our discreet enquires showing they do not face any increase.
(Item 5) no list of new members / transferees is attached to Agenda tho’ mentioned therein.
(Item 6) authorised officer. No notice board circular has appeared prior release of Agenda on
of 14th April for AGM scheduled for 30th, and despite our asking (by letter given 23/04/2017) Society to display such notice if existIng and issued by Dy Registrar. In absence of clear direction by Dy.Registrar are members to pay “remunerations”, Society obviously being fined and penalised and seeking to have ordinary members pay?
(Item 7) we have asked if 2014 model is to be adopted as to why suggestions on possible amendments were not called for.
The AGM notice is signed by Authorised Officer.
In sub notes No.2 restrictions on members attending says
“Only members or in the absence of the first member, his or her associate member, with written permission from first member will be allowed to attend the meeting”. We find this strange as we have the 2003 bye laws as registered Society being handed over by developer 2007. No bye laws have been adopted since then. As an associate member completed Form 7 (today it is appendix 5 as per 2014 model) discharged by my mother a very senior citizen I have attended several general bodies since.
Knowing that forthright queries are raised besides in writing, an attempt is being made to prohibit self and other associate members to participate.”
Have pointed out in writing that no suggestions on amendments were called for with regard to Item 7 besides seeking to know post adoption and release of minutes and observations within 15 days thereafter as to how long would Registrar take to confirm registration.
When the 2003 model is in force for currency of AGM can Society block associate member as myself from attending?
Earlier query placed with you is marked herein.
https://www.indiancooperative.com/cooperative-queries/can-an-expired-mc-hold-agm/
I C Naik
- Secretary Treasurer and ordinary office bearer resigned for fear of being implicated and
- Three members were coopted.
Can you give these two dates