What to do when the general members do not allow to pass the annual budget ?
SRIPRAKASH BHATTACHARYA
(Querist) 31 May 2012
This query is : Resolved
16.09.2009
RE-POSTED AGAIN ON 31.05.2012
DEAR SIRS,
OURS IS LARGE CO-OPERATIVE HOUSING SOCIETY HAVING 264 MEMBERS. WE ARE COVERED BY THE WBCS ACT, 1983(NOW 2006) AND WBCS RULES, 1987(NOW 2011). EVERY THREE (NOW FIVE 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 (LATEST ON 14.11.2011)
DURING CONDUCTION OF THE AGM HELD 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 ALLOW TO GET APPROVED 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 THEN BORAD KEPT A PROPOSAL FOR MAJOR REPAIRING AND 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 AND RULES INSTEAD IT 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 IF ANY ONE CAN GIVE A CLEAR REPLY AND WITHOUT ANY AMBIGUITY AND DUAL MEANING.
SHALL BE GRATEFUL FOR AN EARLY REPLY.
Sriprakash Bhattacharya, KOLKATA
bhattacharyasriprakash@gmail.com
Mobile: 91+9836310615
ajay sethi
(Expert) 31 May 2012
complain to registrar cooperative societes that accounts have not been approved in AGM . make an application for appointment of administrator
Shonee Kapoor
(Expert) 01 June 2012
Rightly advised by Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 01 June 2012
No more to add.
