Minutes of Proceedings of 14th Annual General Meeting held on 21.02.2010
In terms of the Notice dated 28.01.2010 issued by Sri Biswatosh Sarkar, Secretary, Happy Nook Co-operative Housing Society Ltd., the Annual General Meeting of the Society commenced at 4.45 P.M on 21.02.2010 at the Society premises with Sri Benudhar Munshi as Chairman of the meeting.
Members Present: 65 (Sixty five)
The Chairman called the Meeting to order.
The Chairman requested the members to observe one minute silence to show respect to the departed soul of late Wing Commander R.S.Verma (A-11/11) and late L.K.
Chakraborty (A-5/1) which was observed.
The Chairman requested the Secretary to read out the Notice dated 28th January, 2010 of the 14th Annual General Meeting for convening the meeting which was done.
Being requested by the Chairman, the Secretary initiated discussion Agenda wise.
Agenda No: 01
Confirmation of the proceedings of the last Annual General Meeting held on 22.02.2009.
Secretary stated that the minutes of the last AGM had been circulated. Members may deliberate any point to be included or omitted. Nobody raised any point and the minutes of the last AGM were confirmed unanimously which was proposed by Shri Sunity Bhattacherjee (A-5/11) and seconded by Shri Satyabrata Banerjee (A-9/1).
Agenda No: 02
Consideration of the Secretary’s Report
Secretary wanted to know whether the Annual Report of the Secretary circulated earlier might be presumed to be treated as read. Members unanimously answered in the affirmative. Secretary then placed the report to the General Body for discussion.
Shri B.K.Ghosh (A-11/9) initiated the discussion by questioning the sincerity of some of the Directors / Members in solving the issue of boundary wall between our Society and the Manjulika Co-operative Housing Society Ltd. On being questioned he mentioned that Shri Siddhartha Roychowdhury one of the Directors have some close relatives residing in a flat of Manjulika. It might be vulnerable to divulge our strategies to the members of the Manjulika Co-operative Housing Society Ltd. Shri Benudhar Munshi, Chairman vehemently opposed this idea, since this allegation would, in turn, hurt the sentiment of the general members who had cast their votes in favour of the Director so named. He termed this allegation as completely baseless. He also assured the members that no such unbecoming incident would happen or be allowed to take place.
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Shri Ghosh then wanted to know by what time the project undertaken by the KMC for supply of treated surface water would be completed. Secretary answered that it had been learnt that within three years time the project is likely to be completed, though it is very difficult to predict a specific time frame for such kind of a project.
Shri B.K.Ghosh further stated that the plucking of flowers should be stopped if beatification of the Society Campus is really desired.
Shri B.K.Ghosh then wanted to know the selection criterion for the members of the Advisory Committee. The Chairman answered that members of different cross sections have been nominated as Advisors for utilizing their expertise in respective fields of excellence.
Shri B.K.Ghosh then stated that inspite of laying of Hard Stand and development of some other parking space in between the blocks, vehicles are being parked on the roads though repeated requests were made by the previous Board as well as now being made by the present Board. For getting rid of such over-crowding of vehicles which are also increasing day by day, parking fee to the tune of Rs.1,500.00 may be charged for the 2nd vehicle.
Shri Ghosh also pointed out that previous Board took some steps for adding some value to the existing infrastructure such as making Hard Stand, opening Library, fixing Hand Railing in Staircases etc. He also said that the present Chairman in his Republic Day speech should have mentioned about Hard Stand as one of the good works done by the previous Board. This Board should also take such kind of steps. But no such proposal is there in the Secretary’s Report.
Shri B.K.Ghosh, however, appreciated the launching of the Website of our society through which our members staying outside would be immensely benefited.
Shri Pratul Roychowdhury (A-9/8) while appreciating some stand already taken by the Board expressed that in future also this Board should act in tune with the Election Manifesto. He wanted some clarification on “Cash Surplus” which he felt was not in conformity with correct accounting procedure. The Chairman clarified the issue.
Shri N.B.Chanda (A-6/8) expressed his unhappiness in the manner Shri B.K.Ghosh cast his aspersions on Shri Siddhartha RoyChowdhury, a Board Director, regarding his alleged interests in the Manjulika Co-operative Housing Society Ltd.
Sri Chanda also whole heartedly supported the formation of an Advisory Committee by the present Board and hoped that this will be very much beneficial towards the functioning of the Society.
The Secretary then appealed before the members to keep the campus clean including backside of the buildings for which the Board is making special effort and to park the vehicles at the parking space. The Chairman added that from counting of the vehicles
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parked on the road at night, it is seen that the number varies from 1 to 3 which clearly indicates that members are gradually co-operating in this matter.
Members accepted unanimously the Secretary’s Report which was proposed by
Commander A.K.Paul (A-10/3) and seconded by Shri Ajoy Kumar Bhattacherjee
(A-11/2).
The Attachments of the Secretary’s Report were then taken up for discussion.
i) Consideration of the Audit Report and Audited Statement of Accounts for the
Year 2008-09
Auditors Report and audited Statement of Accounts for the year 2008-09 was accepted which was proposed by Shri Pratul Roychowdhury (A-9/8) and Seconded by Shri Tarun Sarkar (A-8/12).
ii) Refund of Surplus Fund
The Chairman mentioned that the Board wants to refund cash profit to the members to which Sri Pratul Roychowdhury stated that it is only possible to refund Rs.39, 901.69 and not Rs.61,431.69 as no refund is possible from Development Fund which is not physically available.
The Chairman, however, did not agree to this point.
Md.Sadiquazzaman (A-8/14) said that the transfer of one flat during 2009-10 has been mentioned in the Secretary’s Report but the Board has not indicated the same in the Accounts.
The Chairman pointed out that it will appear in the statement of accounts of the next year.
Shri Amit Banerjee (A-2/12) stated that an Audit Committee should be formed with at least one expert included in it to streamline the accounting procedures. The Advisors should be selected in the AGM and not by the Board. For election of BOD, he felt that one member from each building may be considered which may avoid the necessity of holding election.
Shri H.K.Dutta (A-9/7) stated that the BOD have every right to select advisors and to form Sub-Committees.
Shri Shankar Chakraborty (A-5/1) stated that Rs.351.00 which has been proposed to be refunded may be utilized in the Development of Community Hall.
Shri Basudeb Mukherjee (A-5/12) felt that the time is being wasted on a non-issue.
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Shri B.K.Ghosh stated that this surplus should be adjusted against this year’s maintenance charge which is much higher than those of the previous years.
Finally on a suggestion from Shri P.K.Roychowdhury (A-2/11) and seconded by Cdr A.K.Paul (A-10/3) it was decided not to refund any surplus for the year 2008-09 in any form to the members as proposed in Attachment- II to the Secretary’s Report.
iii) Details of CRES A/C –CESC Advance Deposit Scheme
The Attachment -III to Secretary’s Report was approved.
iv) Details of Fixed Deposit Investment
The Secretary reported that in addition to what has been mentioned in Attachment IV to Secretary’s Report, an additional Fixed Deposit of Rs.3 lakhs has been made with Indian Overseas Bank, Kasba Gold Park Branch for a short term of 45 days on 08.02.2010.
Agenda No: 03
Approval of Budget for the Year 2010-11 & Programme of Activities for 2010-2011
The Secretary initially explained the trend of increasing expenditure on various heads in the Society over the years. He briefly narrated various figures from pages 22 & 23 of the Secretary’s Report.
Keeping this in mind he said that the Board has suggested 5% increase in Salary & Wages for the staff for the year 2010 -11 to lessen the burden of maintenance expenditure on the members.
Shri P.K.Roychowdhury (A-2/11) and Shri Saswata Majumder (A-4/4), however proposed that 10% increase be made in Salary & Wages of the Staff of our Society.
Shri H.K.Dutta (A-9/7) also supported the same. Shri Goutam Basu Thakur (A-1/2) said that it should be the prerogative of the Board.
The Chairman said that if the members are ready to bear some extra expenditure over what has been proposed in the Budget, the Board will not hesitate to agree.
Shri B.K.Ghosh stated that the actual expenditure likely to be increased on account of electricity will be much less than the projected expenditure. Moreover, if the present Board changes some electrical wiring etc., it would further decrease the electricity bill.
Moreover, steps should be taken for collecting electric charge from the inmates playing badminton etc. Shri B.K.Ghosh requested the Board to review the budget.
Cdr.A.K.Paul stated that how the budget will be revised on the basis of some presumption of reduced electricity bills.
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Cdr.A.K.Paul also stated that our children play in the badminton court. It would not be healthy and practicable as well as to maintain a log book to record how much time children are playing and number of units consumed by their playing.
Shri P.P.Basu (A-5/14) stated that the data given by Shri B.K.Ghosh is based on the report of the previous years.
Md.Sadiquzzaman (A-8/14) while appreciating Commander Paul’s remarks opined that this co-operative spirit should be maintained in every sphere of our Society.
Shri Arunava Maitra (A-4/1) supporting Cdr Paul’s opinion pointed out that Shri B.K.Ghosh, erstwhile Director, knows it very well that the previous Board was not able to collect electricity charges for playing badminton.
Shri Pratul Roychowdhury stated that the rise in electricity bill could be checked by proper monitoring only.
The proposed Budget for Rs.12,45,000.00 finally placed in the house was accepted unanimously. Shri Arunava Maitra (A-4/1) proposed and seconded by Shri Goutam Basu Thakur (A-1/2).
A copy of the approved budget for the year 2010-11 is enclosed as Annexure-I.
Agenda No: 04
Annual Maintenance Charges on the Members for the year 2010-11
After detailed deliberations, Sri Arunava Maitra (A-4/1) proposed the Annual Maintenance Charge for the year 2010-11 placed before the house for acceptance which was seconded by Shri Goutam Basu Thakur (A-1/2) and the Resolution as below was carried unanimously:
“Resolved that Annual Maintenance Charges of Rs.2,000.00 for the year 2010-11 with effect from 01.04.2010 be paid by the Members either one time within 31st May 2010 or in two instalments of Rs.1,500.00 by 31st May 2010 & Rs. 500.00 by 30th November 2010 and interest @ 2% per month would be payable for delayed payment”.
A copy of the statement containing the Annual Maintenance Charges for the year
2010-11 payable by the members is enclosed as Annexure-II.
Agenda No:05
Appointment of Internal Auditor
Issue of appointment of Internal Auditor was discussed.
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Shri Amit Banerjee (A-2/12) proposed that the Board should not select an Internal Auditor. Internal Auditor should be nominated by the AGM so that he could act independently.
The following Resolution proposed by Shri P.K.Roychowdhury (A-2/11) and seconded by Shri P.K.Ghosh (A-11/10) was adopted:
“Resolved that an Internal Auditor be nominated in the AGM of the Society from amongst the members of this Society who is not a member of the Board of Directors without any emoluments or honorarium. The tenure of the Internal Auditor will be for one year which is renewable for extended terms of one year each at the consideration in the AGM. The internal Auditor’s observations shall be placed before the General Body by B.O.D. in the Annual General Meeting. Any contingent expenditure in this connection will be done under the supervision of the Board of Directors.”
Secretary and some other members proposed that Shri P.P.Basu be appointed as Internal Auditor. Shri Basu, however refused on personal grounds.
Some members then proposed the name of Shri Amit Banerjee (A-2/12). But he was absent at the time of discussion. Cdr.A.K.Paul proposed the name of Shri Ajoy Bhattacherjee (A-11/2) as Internal Auditor for the year 2010-11 and it was seconded by Shri H.K.Dutta (A-9/7).
Agenda No:06
House Transfer / Rent Procedure
Shir B.K.Ghosh opposed the proposal of Board regarding modus operandi for selling of a flat since it would go against the fundamental rights of the owners. He said that the Owners are not bound to divulge all the details pertaining to sale before actual finalization.
Cdr.A.K.Paul (A-10/3) and Shri P.K.Roychowdhury(A-2/11) supported the good intention of the Board.
Dr.N.B.Chanda (A-6/8) stated that Board’s good intention is being misrepresented.
Shri Arunava Maitra (A-4/1) stated that the intention of the Board i.e. transparency and providing the members a priority over others, if all other terms and conditions permit, should be clearly defined to avoid misunderstandings.
Md.Sadiquzzaman (A-8/14) stated that one should sell flat as per Co-operative Act provisions.
Dr.S.C.Biswas (A-10/4) stated that the application fee for the transfer / renting out of flat should not be taken.
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Shri Ranajoy Mitra (A-2/9) said that though he has not rented out his flat, he is being considered as so which may be looked into.
After long deliberations it was decided to withdraw the proposed proposal for transfer / rent out of flat and the present practice will continue.
Agenda No:07
Levying of Revised Parking Charges and Parking Norms for Cars, Motor Cycles/Scoters
Shri B.K.Ghosh stated that the car parking charges for the tenants should be raised to at least Rs.1,500.00 per month.
Shri Anup Dewanji (A-3/9) stated that the step motherly attitude towards the tenants is not desirable and this should be discontinued.
Shri P.P.Basu (A-5/14) stated that keeping in mind the scarcity of the parking space in the campus, parking fee for the tenant’s vehicle was introduced to restrict the number of vehicles parked inside the campus.
Shri Pijush Bhattacherjee (A-3/10) stated that since the rent of flats is variable, parking fee should also be like that. He also stated that additional fund to be collected from such enhancement should be utilized for development of parking space.
Shri Arunava Maitra (A-4/1) stated that since no representative from the tenant’s side is present in the meeting, it would be highly undemocratic to settle anything behind their back.
Shri Tarun Sarkar (A-8/12) reminded the members about the acute shortage of car parking space which is below the mandatory requirement.
Cdr.A.K.Paul (A-10/3) wanted clarification whether a person having one four wheeler and a motor cycle should be treated as owner of two vehicles. He requested the AGM to consider that these two should not be clubbed together as because there are only two cases and by raising Rs.200.00 more per month the Society would not be benefited much. Most of the members present in the meeting opposed this and it was decided that a person having more than one vehicle be it motor cycle or any power driven vehicle will be treated as second vehicle.
Following Resolution effective from 01.04.2010 proposed by Shri P.B.Sinha (A-9/14) and seconded by Shri Pratul Roychowdhury (A-9/8) was unanimously adopted:
“Resolved that a member can park a four wheeler or a two wheeler free of charge inside the campus. In case the member parking the 2nd car (Four wheeler) or a motor cycle / scooter (two wheeler) he will have to pay Rs.750.00 p.m. for the 2nd car
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or Rs.100.00 p.m. for the motor cycle / scooter. No member will be allowed to park in all more than two nos. four wheeler and / or two wheeler inside the campus.
No tenant will be allowed to park any 2nd two wheeler / four wheeler. He / She will have to pay parking charges of Rs.750.00 p.m. for the four wheeler and Rs.100.00 p.m. towards power driven two wheeler.
All Parking charges are to be paid by the 10th of the month failing which interest
@ 2% p.m. will be charged.”
Agenda No:08
Installation of Lifts in Each Block of Society
The Secretary briefed the case history as well the observations of the Hon’ble High Court on W.P.No 3458 (W) of 2010 filed by Shri Subrata Ray & 13 other members of the Society against this Society for the information of all.
Md.Sadiquzzaman (A-8/14) and Shri Pijush Prasad Basu (A-5/14) raised that this matter should not be discussed since it is subjudice. Chairman then read out the Ld Advocate’s letter which clearly states that Hon’ble High Court has no objection if this issue is discussed in the AGM.
Md.Sadiquzzaman and Shri Kushal Roy (A-7/6) then asked for the certified copy of the Order from the Hon’ble High Court.
Shri Keshab Bhattacherjee (A-7/5) said that he himself was present in the Court No.4 on that day in connection with another case. There is no restraint of any kind on the Society to hold the 14th AGM as per scheduled programme. He also mentioned that getting certified copy from the Court requires some days and for this purpose Advocate’s letter mentioning the facts of the case is relied upon.
Shri B.K.Ghosh (A-11/9) asked how a SGM Resolution can be overruled by the Board to which the Chairman replied that the Board is not overruling the SGM resolution. The matter has been placed in the AGM for consideration of the members and to be decided accordingly.
Shri S.N.Roychowdhury (A-7/10) stated that though initially he was in favour of lift but the previous Board without applying mind and proper examination of such a big issue forcibly imposed upon the members a decision for installation of lifts which was not correct.
Dr.S.C.Biswas (A-10/4) pointed out that as a consequence an unhealthy rift amongst the members has been developed.
Shri Kushal Roy (A-7/6) stated that several steps are required to be taken before installation of lift and let those be taken up and wait for the verdict of the Hon’ble High
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Court. He also suggested that as a ‘pilot scheme’ one lift may be installed in one of the buildings and its impact on lighting, ventilation etc. may be studied.
Shri Smarajit Sen (A-10/2) pointed out that some members have taken recourse to legal action. Consequently the Board will have to contest the case and the expenditure will have to be borne by the Society. This is a sheer wastage of fund.
Shri P.K.Ghosh (A-11/10) wanted to know the legal expenses likely to be incurred for this court case.
Shri Basu Deb Mukherjee (A-5/12) said that lift is not a luxury item but it is an essential need. He further stated that as a structural Engineer he certifies the safety of the structure. He requested the Board to leave the matter before the General Body for further deliberation instead of keeping the matter pending.
Shri B.Sarkar, Secretary said as a Civil Engineer he feels that the buildings are already more than 15 years old provided with shallow foundations and are not resting on piles. In most of the blocks, there is hardly any space for construction of lift wells at a sufficient distance from the main buildings so that there is no interference on respective foundations. In the SGM, he said no foundation details of lift wells as well as main blocks were provided to understand the implications.
Md.Sadiquzzaman (A-8/14) stated that they had no other alternative but to seek the legal help. The Board should wait till the court passes any verdict.
Dr.N.B.Chanda (A-6/8) stated that the Lift Feasibility Sub-Committee of which he was one of the members, did not find the installation of lift to be feasible. He explained Article 21 of the Constitution of India and KMC Building Rules which are applicable for utility buildings only.
After detailed deliberations the issue of installation of lift was put to vote and the following motion was carried out by show of hands with 42 in favour and 8 against. The following Resolution was adopted:
“ It is resolved that the proposals of installation of lifts in each block of Happy Nook Co-operative Housing Society Ltd (HNCHSL) and contributions payable thereof per member for that purpose as adopted in the Special General Meeting held on 11.10.2009 is hereby revoked and rescinded and it is further resolved that the proposal of installation of lifts in each block of HNCHSL would be considered when a total consensus is reached amongst the members as per statutory requirement in this matter.
However, the decision of the Hon’ble Court
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Agenda No: 9
Consideration of any other matter which may be forwarded in accordance with
Bye Laws with the approval of Chairman.
No discussion was held on this item.
The meeting ended with vote of thanks to the Chair.
(Biswatosh Sarkar)
Secretary
23.02.2010
(Benudhar Munshi)
Chairman
23.02.2010
