C M Saldanha
I have been reading your views and advices to queries.
Our Society MC term expired 8th August 2013. Owing to constant changes following 97th constitutional amendment and uncertainty over how elections can be conducted around Dec 2014, the following doubts have arisen in members minds.
Can MC being legally out of office and in strict titular (nominal with no powers) or caretaker position conduct AGM for accounting year 2012-2013, at this point in time. Members have sought audited accounts as at that date which should have been provided under simple cover letter pending new MC conducting AGM post elections. 2013-2014 accounts are also due.
Society is already controversy ridden with Chairman running several business in name of society in contravention of MCS Act and model bye-laws. Business as appointing himself Manager and as cheque signatory collecting salary of about 12,000-, running and benefiting from security agency, appointing favoured contractor to undertake buildings repairs besides being involved as real estate broker in leave and license and property transfer all in violation of rules and regulations. No bye-laws have ever been amended.
Other activities involved in by said person are too lengthy and embarrassing to narrate.
Said person has now written to Dy Registrar to conduct AGM knowing fully well that only new incoming MC can do so. Acknowledgment showing 20- stamp fee being displayed on notice board.
Your kind opinion will be much appreciated.
I C Naik
RESPONSES
1. The committee is legally valid (assuming it is in Maharashtra) as section 166(4) has directed all committees having completed their tenure after 1.04.2013 to continue till elections are held.
2. The Chairman was required
a. to get the accounts of 2012-13 by July 31 2013.
b. to convene ANNUAL GENERAL MEETING before 30.09.2013 and to place the following in that meeting.
i. a statement showing the details of the loans, if any, given to any of the members of the committee or relatives annual report of its activities;
ii. plan for disposal of surplus;
(iv) list of amendments of the by-laws of the society, if any;
iii. declaration regarding date and conduct of its election of its committee, when due;
iv. audit report of the preceding financial year;
v. rectification report of earlier audit;
vi. annual budget for next year;
vii. any other information required by the Registrar in pursuance of any of the provisions of the Act and rules;
Also “(4) At every annual general body meeting the audited balance sheet, the audited profit and loss account, audit report of the preceding financial year submitted by the auditor appointed under section 81, rectification report of earlier audit and the committee’s report shall be placed for adoption and such other business will be transacted as may be laid down in the by-laws, and of which due notice has been given.”;
3. The Chairman was required to file annual return for 2012-13 file returns within six months of the close of every financial year to which such accounts relate, to the Registrar or to the person authorized by him. The returns shall contain the following matters, namely :—
1. annual report of its activities;
2. its audited statement of accounts;
3. plans for disposal of surplus funds as approved by the general body of the society;
4. list of amendments to the by-laws of the society, if any;
5. declaration regarding date of holding of its general body meeting and conduct of elections when due;
4. please note that all three are applicable to 2013-14 also.
5. For irregularities maximum number of members should file a memorandum to the Dy. Registrar to get the practices investigated.