Office 24430741 (Centrex 100), Main Gate 24432017 (Centrex 700), Drivers Waiting Room 24431922 ( Centrex -800)

Monday, November 12, 2012


Date: 08.11.2012
To
All Members of the Society


Sub: Audit Report of Happy Nook Co-operative Housing
Society for the Co-operative year 2011-12

Dear Sir / Madam,

The Audit Report of Happy Nook Co-operative Housing Society for the Co-operative Year 2011-12 has since been received and adopted by the Board.

The Audited Balance Sheet and the Auditor’s Observations / Report are enclosed herewith for the perusal of members. A copy of the Audited Balance Sheet is also put up in the Notice Boards as per Rule 77 of The West Bengal Co-operative Societies Rules, 2011.

The complete Audit Report being voluminous are not circulated to the members at this stage which the members can inspect in the Society office. It will, however, be placed before the members in the next Half-Yearly General Meeting as per Sub-Section 9 of the Section 29 of West Bengal Co-operative Societies Act, 2006.

For Happy Nook Co-operative Housing Society Ltd.



(Biswatosh Sarkar)
Secretary


Enclo: As stated

Statutory Audit Report of Happy Nook Co-operative

Housing Society Ltd for the year 2011-2012


Being authorised by the Director of Co-operative Audit, West Bengal vide his Order No.873 / 1(2) DA dated 30.04.2012, I have conducted and completed the Statutory Audit of the above named Society for the year 2011-12 with reference to the books and records, statement of accounts and the other documents so available at the time of audit and made the following observations and suggestions in addition to my separate report at the foot of the Balance Sheet as at 31st March, 2012.

Before taking up the Statutory Audit of the Society for the above noted period, Notice was issued to the members and non-members through the Secretary of the Society to verify the individual debit / credit balance as the case may be on 31.03.2012. But none turned up in respect of any discrepancy from any side about individual balance as appeared in the books of accounts and the statement of accounts as on 31.03.2012. Hence, the accounts as submitted by the Society has been taken as final for audit. The Society submitted Income & Expenditure Account instead of Profit & Loss Account-so, the audit has been completed on the basis of the Income & Expenditure Account.

Prelude:  This is a primary Co-operative Housing Society registered in the year 1995 bearing Registration No.12 / CMAH of 1995 dated 16.11.1995 under the name and style of Happy Nook Co-operative Housing Society Ltd with limited liabilities under the administrative control of Joint Registrar of Co-operative Societies, Kolkata Metropolitan Area Housing with a view to attain the main objects to establish on co-operative basis settlement of housing accommodation and civic facilities for members and ultimately to develop self sufficiency as far as practicable.

Management & Meeting:  The Society is vested upon a Board consisting of 10 (ten) Directors, elected in the Special General Meeting held on 13.12.2009, whose names have appeared in the Introductory Statement which is one of the parts of the report. Half Yearly General Meeting & last Annual General Meeting had been held on 23.10.2011 & 10.06.2012 respectively. 10 (Ten) nos. Board of Directors Meeting were held during the period of audit.

Members:  Total number of members of this Society is 175 (one hundred seventy five) as on date. It appears that the West Bengal Housing Board constructed the housing complex at Kasba Area under E.K.T.P Phase-IV Scheme consisting of total 176 developed units (flats) therein and distributed 175 flats amongst the allottees. Such allottees necessarily have to become the member of the Society.

Bye-Laws & Registration Certificate:  Examined the original copy of Bye-Laws and Registration Certificate and the same have been kept properly.

Share Capital:  The authorised Share Capital of the Society is Rs.2, 00,000.00 and Paid up Share Capital is Rs.35, 000.00 which agrees with the detailed list certified by the Management.

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Security Deposit from Members (Refundable) for Rs.43,75,000.00:  Last year balance under this head was Rs.43,75,000.00 .The balance is unchanged as on 31.03.2012. Detailed list in this respect has been furnished by the Society, which is agreeable with the accounts.

Transfer of flats:  During the year under audit 05 (Five) number of flats / memberships were transferred as reported by the Management. It appears that the members have let out 17 (Seventeen) nos. of flats and the Society has kept a Register in this respect.

Position of the Society:  During the year of audit the Society has earned excess income over Expenditure to the tune of Rs.7,380.46 that has been transferred to the Balance Sheet. Accordingly net surplus stood at Rs.1,78,023.74 as on 31.03.2012.

Audit Fee:  Audit Fee has been assessed as per the Rule 156 of the WBCS Rules, 2011. Accordingly Rs.5, 250.00 has been assessed as audit fee as on 31.03.2012 & this should be deposited without further delay.

Cash in hand Rs.625.50:  Cash balance of Rs.625.50 was the Closing Cash balance or Cash in hand as on 31.03.2012. That balance has been confirmed by the certificate given by the Management. During the course of audit physically verified the closing cash balance as per Cash Book as on 21.08.2012 of Rs.5,563.00 (Rupees five thousand five hundred and sixth three only) and found in order.

Cash at Bank Rs.2,24,526.47:  The savings bank balances of the Society as on 31.03.2012 with the Indian Overseas Bank, Kasba Gold Park Branch was verified with Bank Pass Book and found a difference which was reconciled by Bank Reconciliation Statement.

Investment of Rs.73,00,000.00: The Society has invested as Fixed Deposit Rs.73,00,000.00 with Indian Overseas Bank, Kasba Gold Park Branch, Kolkata-700 107 (with fresh investment of Rs.8,25,000.00 during 2011-2012) which were physically verified and list of investments are enclosed with the Balance Sheet for records.

No further advance has been made under CRES Scheme at CESC Ltd. This is adjustable with the bills of CESC Ltd of subsequent period. This balance also generates interest
@ 6 %.

Again it must be noted here that during the year Society has earned Rs.5,92,440.00 as interest on Fixed Deposit and Rs.1,62,920.00 (List attached) calculated as Accrued interest and interest of Rs.16,403.46 has been earned during this year against advance under CRES . Interest on FD should be checked and verified by the Society at regular intervals.

Fixed Assets:  Detailed list in this respect has been furnished by the Society along with value of depreciation and value of assets as at 31.03.2012 which agrees with the Balance
Sheet. Total value of Fixed Assets after depreciation has been shown in Schedule-6.

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liability for expenses Rs.63,470.00 under Schedule-4 and other liabilities of Rs.1,62,941.00 under schedule-5.

Statutory Fund like Reserve Fund of Rs.29, 406.00 and Bad Debt Fund of Rs.30,557.50 are unchanged as on 31.03.2012 which are not invested outside the business. Admission Fee stood at Rs.1,550.00 as on 31.03.2012 after addition of Rs.250.00 during 2011-12.

Staff: There are 06 (six) permanent staff in the Society.

Maintenance Charges Receivable: 

Year                                Actual Collection                                                 Receivable
2007-08                               750.00                                                                   50.00
2008-09                               700.00                                                               1,400.00
2009-10                              3,750.00                                                             5,000.00
2010-11                              12,000.00                                                        12, 000.00
2011-12                              3,83,000.00                                                      54,500.00

This year receivable Maintenance Charges have been kept in a Maintenance Fund and not taken into Income & Expenditure Account.

Moreover, the penal interest @ 2% on dues of Maintenance Charges has not been accounted for. Besides, the outstanding Car Parking Charges / Service Charges from letting out of flats have not also been shown in account of this year i.e. Maintenance Charges, Car Parking Charges , Service Charges for letting out of flats and penal interest (late fee @ 2%) on Maintenance Charges dues are accounted on cash receipt basis.

Building Repairing Fund : For repairing of buildings a fund has been created for Rs. 4,71,680.00 upto 31.03.2011. Rs.98,560.00 has been collected & Rs.45,760.00 was receivable under this head as on 31.03.2012.

Finally, Rs.1,13,750.00 ( @ Rs.650.00 per member) has been collected during 2011-12 as extra amount for Building Repair-Rs.79,300.00 has been collected & Rs.34,450.00 remained receivable as on 31.03.2012. So, total (Rs.6,16,000.00 + Rs.1,13,750.00)  Rs.7,29,750.00 has been adjusted against expense of Rs.8,51,328.00 and excess expense of Rs. 1,21,578.00 has been adjusted through Income & Expenditure Account.

In order to reduce the execution period, two modes of execution were adopted viz through departmental labours on daily basis and later on also through contract system, materials being supplied by the Society in both the cases.

Finally, Shri Chinmoy Mukherjee was appointed as Supervisor for Building Repairing & Painting works as per BOD meeting No: 09 dated 27.03.2011 



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General / Suggestion:
a)      Membership Register of a Society is the fundamental evidence of membership and it needs to be maintained as per Rule. This Society is maintaining the same properly and an effort in this respect is noticed for updating the same, but in a few cases signature of members are still not found in the Membership Register and this should be regularised by obtaining signatures from them. In Membership Register names of nominees should be filled up properly. Each member will nominate one person of his / her family and who has no family would nominate one person as per provision of WBCS Act, 2006 & Rules 2011. This should be treated with due
       importance. Finally the Register is damaged / torn in some places where
       photographs are pasted–Management should also pay attention in this matter.
b)      There is no change of Bye-Laws of the Society during the period of audit. Fresh 
      Bye Laws should be obtained as early as possible as per New W.B.C.S. Act &
      Rules.
c)      As per decision taken in the Special General Meeting held on 03.10.2010 and in the Half-Yearly General Meeting held on 23.10.2011, out of 05 Paint Companies from whom quotations were initially obtained, 03 (Three) Paint Companies (Asian Paint, Akzonobel & Berger) offering 7 year performance warranty on their premium brands for using on exterior surfaces were shotlisted and asked to submit detailed quotations.
After holding negotiations following submission of quotations by the Companies the rates (per square feet) offered by Asian Paints on supply and apply basis stood lowest and was accepted on BOD Meeting held on 06.01.2012.
It was intimated by Asian Paints that the materials to the site will be supplied directly from their godown and payment for the cost of paints should be made in the name of Jaiswal Bath Emporium who is their authorized dealer. It was also intimated by them that the work order may be issued in favour of Mr.Prabal Kumar Das (approved applicator of Asian Paints), 30/20,Andul Road, Howrah- 711 109. The total approximate value of the work including complete material and labour cost is Rs.17,09,930.00 considering site special discount of Rs.9,000.00 offered by Asian Paints subject to actual measurements at site.
The Management is advised to collect Money Receipts for making every payment in this respect. Finally, revenue stamp should be attached for payments over Rs.5,000.00. Rs.8,00,000.00 has been paid as advance against work done for Building Painting upto 31.03.2012. Bill with details of work done in this respect should be submitted in next audit.
d)      No report of inspection was received by the Society during the year under audit.
e)      Cash Book of the Society was written up to date at the time of completion of the audit.
      f)    Sound Investment position of the Society indicates efficient Management.
g)      In some cases original receipts have not been issued to the members reportedly residing outside. In future it should be issued to respective members.
h)      If there is any dispute among the members, the local people and other authorities, it should be dealt with in such a manner that involves less expenditure and good relations among the members so that the spirit of cooperative movement can be sustained. Finally, all members should take active part in the day to day affairs of the Society.
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i)        In case of water pipe line connection Rs.37,180.00 was collected from members
      (@Rs.2,860.00 per member), Rs.17,160.00 was receivable & Rs.1,53,660.00 has
      been paid during 2011-2012.
j)        A court case has been filed bearing no.W.P.No.3458 (W) / 2010-Sri Subrata Ray & other twelve members Vs. State of W.B.& others regarding installation of lift which is still pending.
k)      Electricity Service Charges of Rs.30,470.00 (Payable by HNCA) has been condoned in last Half Yearly General Meeting held on 23.10.2011.
l)        As per decision in the 15th Annual General Meeting held on 20.02.2011, Internal Auditor was appointed in the Society for 2011-12. A number of suggestions have inter alia been made by him in his Report for the improvement of the Accounting procedures which may be complied.
m)    Suggestions in foregoing paragraphs should be complied & a compliance report as per Acts & Rules should be submitted.

In conclusion, I convey my thanks to the Chairman, Secretary, Treasurer, other members of the Management and Staff of the Society for extending their cooperation in the matter of completion of this audit.




Date: 04.09.2012                                                                      ( Srabani Pal )
                                                                                                   Audit Officer
                                                                                        Auditor of Co-op.Societies,
                                                                                       24 Parganas(S), H.Q. Alipore




             





Date: 12.10.2012


NOTICE FOR SPECIAL GENERAL MEETING


It is hereby notified for information of all members of Happy Nook Co-operative Housing Society Ltd. that in accordance with the W.B.C.S. Act, 2006 read with the W.B.C.S. Rules, 2011 and its subsequent amendment, a Special General Meeting of the above mentioned Society will be held on 2nd December, 2012 (Sunday) from 1.00 P.M.to 5.00 P.M. at the Community Hall of the said Society for the purpose of holding Election of 10 (Ten) Directors for the next Five years. All the members are hereby requested to attend the said Special General Meeting. Schedule of election is annexed.

Agendum :- Election of 10 (Ten) Directors of the Board


(Biswatosh Sarkar)
      Secretary

N.B.: i)) No. of Directors to be elected – 10 (Ten)
         ii) Qualification for being a candidate for election of Directors shall be guided by
              the W.B.C.S. Act, 2006 read with the W.B.C.S. Rules, 2011.
        iii) Every Candidate, his proposer and Seconder thereof shall have to be a voter as 
              per the list of members eligible to vote in the above mentioned election.
        iv)  Every member as per list of members eligible to vote in the above mentioned
              election shall bring with him / her any one of the following documents for his /
              her identification:

Documents: i) Epic Card issued by the Election Commission of India
                    ii) Passport issued by the Government of India
                   iii) Office Identity Card
                   iv) Driving License
                   v) Deed or Share Certificate
                   vi) Ration Card / Pan Card

v)   Any voter as per list of members shall have to cast his / her vote in favour of
       maximum 10 (Ten) Candidates.
vi)  Voters shall have to cast their votes on the Ballot Paper only with the instrument to
       be supplied for this purpose.
vii) In case of Joint members, the first named joint member, or in his / her absence, other
       member may attend the special general meeting and cast his / her vote.
viii) Decision of RO / ARO shall be final in any matter regarding election.


         (Sumit Chatterjee)
  Assistant Returning Officer                                                                               Page 1 of 2

 

Programme For Election of Board of Directors


Sl.
No.
Particulars
Date
Time
Place
01.
Publication of the final list of members who are eligible to vote
08.10.2012
11.00 A.M.
At the Notice Board of the Office of the Society
02.
Issue of Nomination
Papers
03.11.2012 to 05.11.2012
11.00 A.M. to 1.00 P.M.
From the Office of the Society
03.
Submission of Nomination Papers
03.11.2012 to 05.11.2012
11.00 A.M. to 1.00 P.M.
At the Office of the Society
04.
Scrutiny of Nomination
Papers
07.11.2012
At 12.00 Noon
At the Office of the Society
05.
Publication of list of valid Nominations
07.11.2012
Immediately after Scrutiny
At the Notice Board of the Society
06.
Last Date of Withdrawal of Nomination
08.11.2012
Before 3.00 P.M.
At the Office of the Society
07.
Publication of list of valid (Contesting) Candidates
08.11.2012
At 3.00 P.M.
At the Notice Board of the Society
08.
Date of Election
02.12.2012
From 1.P.M. to 5.00 P.M.
At the Community Hall of the Society
09.
Counting of Votes
02.12.2012
At 5.15 P.M.
At the Community Hall of the Society
10.
Publication of the Result of Election
02.12.2012
Immediately after counting
At the Notice Board of the Society


(SUMIT CHATTERJEE)
Assistant Returning Officer

Copy forwarded for information and necessary action to Sri / Smt ………………..Flat No: A-
Page 2 of 2


HNCHSL / NB / 2012-13 / 10                                          1st November, 2012

NOTICE

It is notified for information of all Members / Joint Members of our Society that the West Bengal Co-operative Societies Act, 2006 which came into force with effect from 18th January, 2011 was subsequently amended with the introduction of certain new provisions by the West Bengal Co-operative Societies (Amendment) Act, 2011.

The Sub Clause (ii) of Clause (a) of Section 12 of this Amendment Act, 2011 provided that the tenure of Board of Directors of such Societies who were elected under the provision of sub-section (8) of Section 27 of the Repealed Act of 1983, shall be for a period of thirty six (36) months from the dates of their election.

In obedience to such Amendment of the Act, the present Board of Directors who were elected on 13.12.2009 decided to hold a Special General Meeting on 02.12.2012 to elect a new Board of Directors and as per provision of Section 96 of West Bengal Co-operative Societies Act, 2006 and regulations made thereunder for this purpose requested the Co-operative Election Commission to hold the election with their superintendence, direction and control.

Accordingly, Joint Registrar of Co-operative Societies, CMAH Cell & Returing Officer appointed Shri Sumit Chatterjee, Co-operative Development Officer as the Assistant Returning Officer for this election with all the powers of the Returning Officer delegated to him. Shri Sumit Chatterjee has since made a detailed stage-wise programme for holding the election on 02.12.2012 which has been circulated to the Members.

Meanwhile, Hon’ble Mr.Justice Biswanath Somadder, Calcutta High Court in his judgement delivered on 17.10.2012 in WP 4009 (w) of 2012 between The West Bengal State Co-operative Bank Ltd & Anr vs. the State of West Bengal & Ors has inter alia pronounced as follows:

Quote:
As observed earlier, once the legal fiction under a non obstante clause was introduced by the Principal Act, the three years tenure of the Boards of all State Co-operative Societies, including the writ petitioner no.1 who were elected under the provision of sub-section (8) of Section 27 of the Repealed Act of 1983, was deemed to be extended for a further period of two years, immediately upon the Principal Act coming into force with effect from 18th January, 2011, in consonance with the proposed Constitutional Amendment. The State, without making necessary amendment to the Repeal and Saving clause of the Principal Act, sought to bring about a retrograde change in the tenure of the Boards of Directors of Co-operative Societies elected under the Repealed Act of 1983, by whittling down its tenure from five years to three years, thereby rendering nugatory the conscious and deliberate change that was brought about by the State earlier, upon bringing into force the Principal Act, which was in consonance with the proposed Constitutional Amendment.

For reasons stated above, sub-clause (ii) of clause (a) of Section 12 of the Amendment Act is held to be repugnant to the provision of sub-section (2) of Section 6 of the Principal Act, to the extent it seeks to reduce the tenure of the Boards of Co-operative Societies to thirty six months from sixty months, as originally provided under clause (a) of Section 36 of the Principal Act and is further held to be ultra vires Article 14 of the Constitution of India. Sub-clause (ii) of clause (a) of Section 12 of the Amendment Act is, therefore, liable to be struck down and is accordingly struck down.

Unquote:
******************************
Quote:

Later

After the judgment is pronounced in Court, the learned advocate for the State prays for stay of operation of the order, which is considered and refused.
 
Unquote:
In view of the above circumstances, the Board of Directors has now decided to cancel its earlier decision of holding the election within a period of thirty six months and would like the hold the same within a period of sixty months of its tenure i.e. within 12.12 2014.

Accordingly the election notification dated 12.10.2012 stands cancelled and the Joint Registrar of Co-operative Societies, KMAH Cell & Returning Officer as well as Shri Sumit Chatterjee, Assistant Returning Officer are being duly informed.

For Happy Nook Co-operative Housing Society Ltd.

(Biswatosh Sarkar)
   Secretary

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