Open letter on Managing Committee working and Statutory-compliance's.

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11/12/17

Dear Colleagues in the Managing Committee,

I am writing this open letter with a great deal of anguish, anger and defiance.

This year our Auditor has in his Audit Report passed such harsh structures on the Managing Committee working that it is a matter of shame for the Committee.

This is the first time that such harsh remarks have been made by any Auditor in the 18 year history of the Society.

For me, it is a tough pill to swallow that the remarks have been made when I am a member of this Managing Committee.

I pride myself for my knowledge about the MCS Act and the byelaws.
I give my advice to many Housing Societies - personally and online and my Sahakarsutra blog has been read my over 50,000 people.
And this catastrophe had to happen in my Committee.

I take it as my personal failure that my Committee people have "purposely and in a planned manner" not contacted or consulted me in the past 2 years. 

I deeply apologize to all fellow members of the Society for a big error in my judgement in selection of people in our panel during the last election.

However, we have been elected to work together and hence I am wanting to refresh a few things for everybody's knowledge.

1) The members of the Managing Committee are jointly and severally liable for making good any loss, which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on then under the MCS Act,1960, MCS Rules,1961 and the bye-laws of the society.

**  This year, it was pointed out that the Office bearers had done work worth over 40 lakhs without taking pre and post sanction either of the Managing Committee or the General Body.
** Allegations are also made that some members of the Committee are being clandestinely awarded contracts - in blatant defiance of the byelaws.
** Allegations have been made that some office bearers were "defaulters" when they became office bearer in April this year and some committee members are still defaulters..

* If members start questioning seriously, as per the above mentioned byelaw, the committee will be in trouble for acts of a few individuals.

2) The quorum for a Committee Meeting shall be “3/4/5/6/10 members of the Committee. 

3) * It shall not be competent for the Committee to transact any business unless there is the quorum at the time of consideration of "every item"  on the agenda of the meeting of the Committee. 

**  By this measure, practically every decision le by the Managing Committee since April 2016 to date, shall be deemed null and void, as there has never been a quorum as required in (3) above.

** I think that Managing Committee members should live up to their commitment to Society, or else, resign if (a) they can't give time or (b) if they don't have knowledge, they are wilfully not consulting other fellow members and are not able to manage things properly. Otherwise, it is a great disservice we are doing to the Society.

** Another area I want to highlight is that there is a vacancy in the Managing Committee since the last 18 months. Not filling up the vacancy is again open breach of byelaws.

I am attaching herewith certain Statutory compliances that are mandatory for the Committee.
Just refresh your mind and answer to your own mind - are we as a Committee alive, aware and acting responsibly to the mandate given by the people.

My mind says No.

Regards,

Dayanand Nene
Member, Saket Managing Committee.

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