Minutes of Proceedings of Half-Yearly General Meeting held
on 27.01.2013 during the Co-operative year 2012-2013
In terms of the Notice dated 04.01.2013 issued by Sri Biswatosh Sarkar, Secretary, Happy Nook Co-operative Housing Society Ltd., the Half- Yearly General Meeting of the Society commenced at 4.45 P.M on 27.01.2013 at the Society premises with Sri Benudhar Munshi as Chairman of the meeting.
Members Present: 79 (Seventy nine)
The Chairman called the Meeting to order.
Chairman apprised the House that as per the New Act and Rules, Half-Yearly General Meeting is required to be convened in every Co-operative year and this meeting has been convened accordingly. He then requested the House not to indulge in personal attacks on any issue and insisted wholehearted participation from the members.
The Chairman then requested the Secretary to read out the Notice dated 4th January, 2013 of the Half-Yearly General Meeting for convening the meeting which was done.
Being requested by the Chairman, the Secretary initiated discussion Agendawise after greeting everybody present.
Agenda No: 01
Confirmation of the proceedings of the last Annual General Meeting held on 10.06.2012
Secretary stated that the minutes of the last AGM held on 10.06.2012 was duly circulated to the members.
He informed the House that 09 members subsequently wrote a letter dated 22.06.2012 received by the Board on 23.06.2012 wherein it was alleged that some of the points / views expressed by the members have either not found a place in a logical, sequential or chronological order or have not been recorded properly. The letter was duly replied on behalf of the Board of Directors on 25.07.2012 and circulated to the members of the Society clarifying all the points raised.
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Secretary then stated that the observations of the said 09 members along with the reply from the Board will form a part of the minutes of the 16th Annual General Meeting for records.
Shri P.K.Roychowdhury (A-2/11) said that there were a few more letters in this connection written subsequently which were not replied.
To this, Secretary stated that all these letters contain more or less the same matter in some form or the other and as such they were not replied. The Board categorically denies all the allegations made there as those are not based on facts and written intentionally with ulterior motives.
Nobody raised any other point and the minutes of the last AGM held on 10.06.2012 were confirmed unanimously and it will kept along with the letter dated 22.06.2012 from the 09 members and the reply dated 25.07.2012 given by the Board which was proposed by Shri Satyabrata Banerjee (A-9 / 1) and seconded by Shri Pratul Roychowdhury (A-9 / 8).
Agenda No: 02
Consideration of the Secretary’s Report
Secretary stated that since the report along with the Attachments have been circulated to all, this may be treated as read.
Secretary invited discussions on the report and the attachments therein.
Shri P.K.Roychowdhury (A-2/11) wanted to submit a written statement on Secretary’s Report, but this written statement was not received by the Chairman in the course of the meeting. He was requested to speak out all his points as per earlier convention.
Shri B.K.Ghosh (A-11/9) wanted to discuss about the court case on installation of lift and the contempt case thereof. Chairman told that since it is in hearing stage and as such sub-judice, hence no discussion is possible.
Shri Kushal Roy (A- 7/6) then wanted to mention about the affidavit furnished by the contemnor-respondent Shri Biswatosh Sarkar in the said case.
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But Chairman told that the matter is under consideration at the court of law and would not be opened for discussion in the meeting.
Shri Keshab Bhattacharya (A-7/5), who is also a lawyer by profession, said that the matter is in hearing stage, and such sub-judice matters are not permitted for discussion publicly.
Shri Anup Dewanji (A-3/9) wanted to know about the status report on court cases as he is not aware of the same. He then enquired who will bear the legal expenses for defending the case.
Chairman stated that Board has to obviously defend all the court cases instituted against it and the Society is to bear all the expenses.
Smt.Sanghamitra Roy (A-10/15) also enquired about how the legal expenses are being met.
Secretary stated that Society is bearing the legal expenses for defending the cases.
Shri Samarjit Sen (A-10/2) stated that a judgment given by a Single Bench can always be challenged in a Division Bench. A Review Petition has now been filed and the question of bearing expenditure other than the Society does not arise at all.
Shri Anup Dewanji (A-3/9) again wanted to know about the status report of various court cases.
Secretary informed that against a petition (3458 W of 2010) filed by Shri Subrata Ray & 13 others, an order was passed on 09.12.2011 in a Single Bench of the Hon’ble High Court, Calcutta. The Society has preferred a Review Application (RVW 27 of 2012) for review of the judgment and the said order.
Meanwhile, the petitioners moved a contempt petition and a rule was issued against the contemnor-Respondent Shri Biswatosh Sarkar to show cause in the matter for which Hearing is going on. Another case has also been filed by some members against the tenure of the Board and some other matters.
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Chairman then said no further detailed discussion on all the court cases, being sub-judice, will not be allowed in this meeting at this stage.
Dr.N.B.Chanda (A-6/8) said that such matters cannot be solved in the Court of Law. These issues should, preferably, be sorted out in the General Body Meetings.
Shri Pratul Roychowdhury (A-9/8) suggested that all the court cases should be withdrawn first before trying to settle the disputes.
After long deliberation, the Secretary’s Report was unanimously accepted which was proposed by Shri Goutam Basu Thakur (A-1 / 2) and seconded by Shri Pratul Roychowdhury (A-9 / 8).
Agenda No: 03
Consideration of the Audit Report and Audited Statement of Accounts for the year 2011-2012 & Complaince of the said Audit Observations
Secretary invited discussions on the Audit Report, Audited Statement of Accounts for the year 2011-2012 and the compliance of the Audit Observations furnished to the concerned Authorities.
Shri Hirak Ghosh referred a letter dated 14.11.2012 addressed to Director of Co-operative Audit, Govt. of West Bengal & others signed by 07 members alleging some irregularities on the Audit Report for the year 2011-12.
Secretary reported that a letter was since received from the Assistant Director of Co-operative Audit, South 24 Parganas Range, Kolkata- 700 027 containing the complaints submitted by the said members requesting our opinion in the matter and a detailed report has already been furnished to the Director of Co-operative Audit & Assistant Director of Co-operative Audit, Govt. of West Bengal.
Shir B.K.Ghosh (A-11/9) mentioned that the Audit Report was signed on 04.09.2012 by the Audit Officer while the Chairman, Secretary and the Treasurer did not mention dates against their signatures. He further mentioned that a letter dated 28.08.2012 signed by 06 members was
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addressed to Mrs. Srabani Pal, Audit Officer but the said letter was not replied by her. He said that the Audit Report is a concocted one and the Audit Officer in connivance with the Board of Directors prepared her Report
and advanced the date of her Report. He further mentioned that whenever aggrieved members wanted to meet her, she was never available.
Secretary stated that before taking up the audit, a general verification notice was issued by the Auditor inviting all the members to check up their transaction with the Society which was published on all the notice boards of the Society. Moreover, the letter dated 28.08.2012 as referred by Shri B.K.Ghosh was actually delivered on 26.09.2012 by the complainants i.e. almost one month later as will be evident from the Receipt stamp of that office. This clearly exposes their intentions. Moreover, it can be verified from records of the earlier years that there always remain a time lag between the dates of signing the Audit Report by the Audit Officer and the actual delivery date of the same in the Society office due to various administrative reasons which in the present case was 28.09.2012. There is also no particular reason for not putting dates by the Board Officials since it was not absolutely needed, as the Statement of Accounts in question are from 01.04.2011 to 31.03.2012 and the said period is mentioned on the top of the Accounts Statement.
Smt Jharna Ganguly, Director stated that she was present all the time during audit, but not a single complainant turned up to meet the Audit Officer.
Chairman invited the members to freely verify the Books of Accounts at the Society Office, if they so desire.
Shri Hirak Ghosh (A-5/15) stated that how could an Auditor omit to mention differences in expenditure incurred from building to building.
Shri Goutam Basu Thakur (A-1/2) said that this is not the obligation of an Auditor to point out all these things as this is a technical issue. Auditor’s obligation is only to observe whether Books of Accounts are properly maintained or not.
Shri Pratul Roychowdhury (A-9/8) stated that if there is any short coming in such a huge work that responsibility should also be equally borne by the members of the Technical & Tender Sub-Committee as well as the members
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of our Society who agreed to supervise our works. Incidentally, he mentioned that Shri Anup Dewanji (A-3/9) who initially volunteered to supervise the repair works in Building no.03 subsequently withdrew himself.
Smt Sanghamitra Roy (10/15) stated that repair works in her building has been completely unsatisfactory. No director save and except Secretary visited the site.
Secretary explained that unsatisfactory condition of Building no. 10 at certain locations was due to leakage of water and it has been a subsequent development. Already, the Board has taken steps to solve this issue.
Smt Sharmila Pal (A-9/16) mentioned about the roof leakage in her building.
Smt Devika Narayan (A-3/13) stated leakage is also occurring over her apartment and the balcony.
Smt Rupa Narayan (A-6/13) also mentioned about her apartment in this connection.
Secretary stated that roof over Smt Narayan’s flat has been repaired. However, as requested by her, the leakage at other places as well that of Flat Nos. A- 9/16 & A- 6/13 will be looked into.
Secretary then mentioned that there is a lot of misinformation about the repair costs and the mode of repairs. The fact is that 05 buildings were repaired contractually at Rs. 2,25,000.00 and the other 6 buildings and all other common areas which include Office Building, Community Hall, Pump Room, Boot House Park, Boundary Wall, Security Room, Surface Drains etc. as required were repaired through engaging labours on daily wages basis, at the rates recommended by the Technical & Tender Sub-Committee after verification from the market and approved by our Board, incurring a cost of Rs. 3,84,357.00 which is the labour component of the work in both the modes of execution, materials being supplied free of cost by the Society.
Chairman requested the members to write their complaints in the Complaint Register kept at the Security Gate which are being regularly looked into.
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Finally, after threadbare discussion, the Audit Report and Audited Statement of Accounts for the year 2011-2012 & Compliance of the said Audit Observations were unanimously accepted which was proposed by
Shri Shankar Chakraborty (A-5 / 1) and seconded by Shri Goutam Basu Thakur (A-1 / 2).
Agenda No: 04
Approval of Budget for the year 2013-14 & Programme of Activities for 2013-14
Secretary invited discussions on Annual Budget & Programme of Activities for 2013-14.
Shri P.K.Roychowdhury (A- 2/11) wanted to know whether 10% of the rent from all the tenants / flat owners is being realized or not.
Secretary stated that Tripartite Agreement is being done in case of new Agreements. Tenancies already existing prior to enforcement of the new Act have not been brought under the purview of realization of 10% rent and instead Rs.500.00 as Service Charge is being collected as per decision taken in an earlier AGM.
Shri P.B.Sinha (A-9/14) and Shri B.K.Ghosh (A-11/9) demanded that all the tenants should be brought under the purview of the New Act irrespective of their dates of occupancy.
Chairman said that out of 10 Tenancy Agreements, 06 nos. Agreements have already come under the purview of the New Act and only 4 nos. are remaining. If there is no legal implication, these remaining 04 cases will be reviewed.
After detailed deliberation, Annual Budget & Programme of Activities for 2013-2014 were unanimously approved which was proposed by Shri P.K.Ghosh ( A- 11 / 10 ) and seconded by Commander A.K.Paul
(A-10/3).
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Agenda 05
Annual Maintenance Charges on the Members for the year 2013-14
Secretary informed the members that repeated request to the Branch & Regional Managers for not deducting the income tax at source from the accrued interest on our deposits was not agreed to and accordingly from this
financial year (2012-13), Indian Overseas Bank, Kasba Gold Park Branch (our Banker) is deducting 10% Income Tax at source on the interests earned on our deposits.
Secretary stated that for avoiding TDS, the other option is to invest our deposits with a Co-operative Bank and he asked for the General Body opinion in this respect.
Chairman stated that if the amount is invested in a Co-operative Bank now, there will be a significant loss of interest for the long term Deposits.
After discussion, it was decided that the present system of banking should be continued.
Secretary stated that the Society has already submitted annual return for the Financial year 2011-12 prepared by a professional consultant and
Rs.7,500.00 has been paid for that purpose.
After detailed deliberation, Shri Goutam Basu Thakur (A-1 / 2) then proposed the Annual Maintenance Charges for the year 2013-14 be placed before the house for acceptance which was seconded by Shri P.K.Ghosh
(A-11 / 10) and the Resolution unanimously adopted as following:
“Resolved that Annual Maintenance Charges of Rs.2,300.00 for the year 2013-14 with effect from 01.04.2013 be paid by members either one time within 30th June,2013 or in two instalments of Rs. 1,500.00 by 30th June, 2013 & Rs.800.00 by 30th November, 2013 and interest @ 2% per month would be payable for delayed payments.”
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Agenda No: 06
Review of the Activities of the Society
Painting Works to External Surfaces of Residential Buildings & Other Common Areas
Secretary stated that the painting work is complete & there is a saving of approximately 75 % compared with the current PWD (WB) Schedule of Rates 2010. After the Accounts are finalized, all details and expenditure for the work will be placed before the members in due course. Asian Paints will provide 7- year Performance Warranty for the job on exterior surfaces done with APEX ULTIMA. He also mentioned that in the calendar 2013 published by Asian Paints, photograph of our Society campus after the painting works have found a place along with other photographs covering places all over India. The interested members may see the same in the Society office.
Agenda No.07
Amendment of Bye-Laws
While placing the Bye-Laws, Secretary mentioned that in page 16 of the Bye-Laws on the Tenure of the Board, a typographical mistake has occurred which should be corrected.
Shri B.K.Ghosh (A-11/9) said that the Bye-Laws need intensive discussion and debate. He opined that some clauses need to be changed or modified. He also requested to treat the Bye-Laws placed before the House as draft Bye-Laws and discussions made thoroughly on it before its finalization.
Secretary stated that Bye-Laws are to follow the provisions in the New Act & Rules of the West Bengal Co-operative Societies.
Shri Pratul Roychowdhury (A-9/8) desired that more time should be given for considering the Bye-Laws.
Shri Arunava Maitra (A- 4/1) enquired if there is any time limit for approving the Bye-Laws. He also suggested that a Committee may be formed to finalize the Bye-Laws who will submit its Report within a specific period.
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Chairman stated that there is no time limit as such, but it is desirable to get it approved in the next AGM.
After detailed discussion, it was decided that a Committee may be formed with the following members to finalize the draft Bye-Laws of the Society within 30th April, 2013 at the latest:
Shri Dilip Mukhopadhyay -A-3/7
Shri Keshab Bhattacharya - A- 7/5
Shri B.K.Ghosh - A-11/9
Shri Arunava Maitra - A- 4/1
Shri Pratul Roychowdhury - A-9/8
Smt Jharna Ganguly, Director will be the representative of the Board.
The consent of all the members was obtained.
It was resolved that the above Committee will place their Report within 30th April, 2013 for consideration and approval of the General Body.
Agenda No: 08
Road Repair Works
Secretary invited suggestions regarding mode of Road Repair works (existing manner / Mastic Asphalt, Concrete surface).
Shri Basudev Mukherjee (A-5/12) suggested that normal road repairs be done as per existing manner since after every five –six years road would require to be repaired.
Shri P.K.Guha Biswas (A-5/3) expressed that before monsoon road should be repaired and resurfaced.
Secretary requested Shri Guha Biswas to help for preparation of the detailed estimate, tender schedule and floating of tender which he agreed.
Shri Samarjit Sen (A-10/2) stated that concrete road may be constructed taking into consideration the durability & the aesthetic look. This may be
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done in a phased manner to avoid hardship on the members towards bearing the cost.
Shri Basudev Mukherjee (A-5/12) objected to concrete surface for the road pointing out that the water supply lines, electric cables, telephone lines are underground. In case of any maintenance requirements of these service lines, these would create a problem.
Secretary stated that after completion of the tender process, the actual cost for the work will be known.
After detailed deliberation, Shri P.K.Guha Biswas (A-5 / 3) then proposed that the Resolution for Road Repair Works be placed before the house for acceptance which was seconded by Shri Shankar Chakraborty (A-5 / 1) and the Resolution unanimously adopted as following:
“Resolved that for Road Repair Works amounting to Rs.6.00 lakhs (approx.), members would pay Rs. 3,400.00 either one time within 31st May, 2013 or in two instaments of 2,000.00 by 31st May, 2013 & balance Rs. 1,400.00 within 31st October, 2013 and interest @ 2% per month would be payable for delayed payment.”
Agenda No: 09
Consideration of any other matter which may be forwarded in accordance with Bye-Laws with the approval of Chairman
Smt Ruby Banerjee (A-3/16) requested for taking up of repairs for umbrellas, swings at Boot House Park.
It was requested by some of the members to dismantle the damaged concrete umbrellas at the Boot House Park as those are now unsafe.
Secretary requested Shri Basudeb Mukherjee (A-5/12) to suggest suitable attractive & economic alternatives for these heavy umbrellas which Shri Mukherjee agreed to provide shortly.
Shri Satyabrata Banerjee (A-9/1) mentioned that the extended roots of palm trees are damaging the building Nos. 8 & 9.
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He also suggested that leakage though sewage pipe lines coming through upper floors to lower floors in each Block is causing various problems. It may be considered, if alternative arrangements could be made in each flat for laying of such pipes through walls only instead of floors.
Secretary stated that like many other flats, he is also facing this difficulty and the roof and walls of bathrooms and kitchen have been repaired and
painted by him on quite a few occasions. But still then, implementation of the proposal of Mr. Banerjee will be highly expensive and time consuming and hence needs careful consideration.
Chairman read out three proposals of Shri Shankar Chakraborty (A-5/1) submitted on 25.01.2013 for discussion : i) a service varandh near kitchen, ii) covering the soil surface in the front portions of each building with
suitable material to prevent dust pollution and preventing of muck formation during rains iii) beautification with plants near 2nd gate.
It was decided that the matter may be kept at consideration level for detailed discussion in future.
Smt Rupa Narayan (A-6/13) suggested that the uneven uncovered areas adjacent to the community hall may be cemented & made even.
Shri Gopabandhab Banerjee (A-7/3) mentioned about usage of Society campus by some vegetables venders, cobblers etc. He also pointed out there is no lid in one water reservoir of building no.7. Some meter boxes are lying open and cycles are being parked below the staircase in front of the meter boxes. The transformer room under supervision of CESC is being misutilised by some undesirable elements.
He further mentioned that the front side of our boundary wall should have been painted by us which would have helped removal of unauthorized shops. The drains in front of our Society needs regular cleaning.
Shri Pratul Roychowdhury (A-9/8) stated that country liquor is being sold from the transformer room. He also expressed apprehension that if kerosenes are stored there, there may be a serious fire hazard.
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Shri Kushal Roy (A-7/6) said that it is unfortunate that the Board does not keep such information.
Secretary said that Board attempted to keep the transformer room under lock and key, but CESC did not allow that and as such we have very little control over that room.
He further said that removal of shop owners is not an easy task to do and it depends on many other factors. Cleaning of drains is the task of the CMC / KMDA and after vigorous attempts cleaning was possible during monsoon on a few occasions, but sustained effort from the Authority could not be ensured.
Shri Keshab Bhattacherjee (A-7/5) mentioned that the grills of balcony of individual members may be allowed to be painted as per their choice of colours as being done in neighbouring Societies. He also requested for keeping a Sign Board of Happy Nook in a conspicuous place near the main entrance so that it is visible to the visitors.
Dr.N.B.Chanda (A-6/8) suggested installation of an iron removal plant for improvement of the quality of water.
No other business was transacted.
Chairman gave heartiest thanks to the members for their cooperation in conducting the meeting properly & the meeting ended with vote of thanks to the Chair.
(Biswatosh Sarkar) (Benudhar Munshi)
Secretary Chairman
29.01.2013 29.01.2013
