APPROVAL OF ANNUAL BUDGET OF A COOP. HOUSING SOCIETY

SRIPRAKASH BHATTACHARYA (Querist) 16 September 2009 This query is : Resolved
16.09.2009

DEAR SIRS,

OURS IS LARGE CO-OPERATIVE HOUSING SOCIETY IN HAVING 264 MEMBERS. WE ARE COVERED BY THE WBCS ACT, 1983 AND WBCS RULES, 1987. EVERY THREE YEARS WE HAVE A NEW BOARD COMPRISING OF SIX DIRECTORS AND DEMOCRATICALLY ELECTED BY GENERAL MEMBERS. THE LAST ELECTION OF DIRECTORS WAS HELD ON 13.07.2008.

DURING CONDUCTION OF THE LATEST AGM ON 06.09.2009 (WITH PERMISSION OF DRCS) THE PERSONS WHO LOST THE LAST ELECTION IN 2008 ALONGWITH SOME OTHER MEMBERS DID NOT ALLOW THE SECRETARY TO READ OUT THE SECRETARY'S REPORT AND SAID THAT THEY WILL NOT CONSIDER AND APPROVE THE BUDGET. AS OUR BUILDING (14 NOS.) ARE NEARING 16 YEARS OLD AND SINCE GETTING ENTRY, NO MAJOR REPIR HAS EVER BEEN CARRIED OUT, SO THE PRESENT BORAD HAS KEPT A PROPOSAL FOR MAJOR REPAIRING AND HAS ALSO INCLUDED THE PROPOSED COST OF REPAIR IN THE BUDGET TO BE CONSIDERED AND APPROVED BY GENERAL MEMBERS.

THOUGH IN THE WBCS ACTS, 1983 IT IS SAID THAT 'IN CASE THE BOARD FAILS TO PREPARE AND PRESENT THE ANNUAL BUDGET IN THE AGM THEN THE GENERAL MEMBER TEHMSELVES WILL PREPARE A BUDGET AND APPROVE IT.

UNFORTUNATELEY NOWHERE IT IS WRITTEN IN THE ACTS NAD RULES AND IS SILENT ON THE MATTER THAT 'WHAT WILL AHPPEN IF IN CASE A BUDGET (WHICH INCLUDES PROPOSED YEARLY EXPENDITURES AS WELL COST OF PROPOSED EXPENDITURES FOR MAJOR REPAIR )PREPARED BY THE BOARD IS NOT CONSIDERED AND APPROVED BY THE MAJORITY'?

THE YEARLY PROPOSED BUDGET IS MORE OR LESS SAME OF LAST YEAR, DULY APPROVED IN THE LAST AGM.

KINDLY LET ME KNOW WHAT TO BE DONE IF IN CASE THE BUDGET IS NOT APPROIVED. REQUEST ALSO IF THERE ARE ANY CASE LAWS ON SUCH ISSUE.
SHALL BE GRATEFUL FOR A KIND AND EARLY REPLY.

Sriprakash Bhattacharya, KOLKATA

bhattacharyasriprakash@gmail.com

Mobile: 91+9836310615

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