Dear Fellow members
Here is the paragraph wise response to the mail from our esteemed member Mr. Amarjit Singh.
1. We had gone beyond Law and took a decision to expand the MC and include 4 new co-opted members in our meeting held on 9th May, however, the Housing Officer advised us to stay within the Legal framework of the Society’s laws. Accordingly the elected MC had to reconsider the decisions taken on Co-option. I am attaching the word file of my email for your ref. which I wrote to the expanded MC following the Legal ramifications. Our Two Hon’ Members Mr, SS Kaushik and Mr. Kailash Rustogi who were co-opted in the MC last meeting have declined for personal reasons to be on the MC. (Please also see para 5 and 6 in this regard).
Ever since the communication of the co-option of 4 members, namely Mr. Rajbir Singh, Mr. S.S. Kaushik, Mr. Kailash Rustagi and Mr. Rajesh Gulati, some of our members appear to be gravely unnerved. Some were vocal on the e-mail network, others were working behind the scenes to ensure that the newfound harmony does not last very long. What seems to have unnerved them even more is the support that members gave to the concept of member secretary and in particular to my being the secretary. I wish they could come out with their fears in the open.
I get an impression that while Mr. Amarjit Singh took a decision to co-opt 4 members, he could not withstand the pressure from some of our members who were unnerved.
I am not sure whether the legal position that Mr. Amarjit Singh has cited is legally tenable. I would request Mr. Amarjit Singh to scan and forward to members the relevant pages of the cited act before we reach a conclusion on it.
I am not sure whether the constitution of the MC itself is legally tenable. It has been challenged before the Hon'ble SDM and is presently under scrutiny. Watch this space for updates.
Technicalities apart, I believe, there could have been ways to retain the co-opted members rather than by unceremoniously asking 2 of the 4 co-opted members to resign. What added insult to the injury was his identifying 2 of the 4 co-opted members to be retained as MC members. He did not advance any reasons as to why the two identified members will have to resign. In my perception and as Mr. Amarjit admitted in one of the meetings, just because he is truthful and calls spade a spade.
In a true demonstration of unity and the concept of ‘all for one and one for all’ all 4 members declined to be part of any one sided committee. I salute each of the 4 members for having stuck to the values, principles and ethics.
2. On the question of having a ‘Member Secretary’, his / her role, functions, responsibilities etc. There have been a number of emails which we received both for and against the appointment of a ‘Member Secretary’. The MC considered all the pros and cons and with members giving us no clear cut agreement / unanimity…It was decided to go ahead and appoint an employee Secretary.
In his communication dated 10th March, 2009 to the members Mr. Amarjit Singh had communicated the decision of the ‘MC’ to have a member secretary. There was no ambiguity in that decision. Only members were asked to come forward and discharge that role. It is only when that a sizeable number of members came forward and suggested my name that Mr. Amarjit Singh and his colleagues panicked.
Instead of refuge in legalities, this time Mr. Amarjit Singh has conveniently cited divergent opinions of the members for taking a decision in favour of an employee secretary. It needs to be brought to the notice of the members the inconsistency and the irony of Mr. Amarjit Singh’s decision. 16-17 members including yours truly were in favour of having a member Secretary and just 3 members, I repeat just 3 members were in favour of having an employee secretary. Yet Mr. Singh chose to follow those 3 rather than 17. Strange logic or does it mean that some of our members are more equal than others. Does that mean, should there not be unanimity do opposite of what the majority wishes. Is that what democracy is all about?
I also get an impression that, there was a design to make some ex-chief ministers present Governor. The plan misfired because of unexpected support to my name.
3. Vipin Kumar’s resignation as the Secretary of the Society has been accepted. The President informed that two candidates had been interviewed. One of the candidates Mr. SP Dhyani has been shortlisted and an offer has been made with a probation period. If both the Society and Mr. SP Dhyani are satisfied on performance during the probation period, a firm offer shall be made. Mr. SP Dhyani brings with him over 27 years of Office / Administrative experience with the BSF. He also has a fair knowledge of Accounting . A decorated hero of the 1971 Indo Pak conflict, Mr. SP Dhyani also served the elite NSG Commandos.
I am extremely happy to know that Mr. Vipin Kumar is no longer the Secretary. I see this as a vindication of our stand that the Secretary should be there to serve the Society and its members rather than persecute them in connivance with and at the behest of sadist members.
Having said that what is disturbing and alarming is that Mr. Vipin Kumar is still going to be handling the accounts. We are all aware that the accounts are not in great shape. In fact there are reports of large scale unauthorized payments. I wish to ask Mr. Amarjit singh as well as other members whether it is prudent for us to keep the accounts in charge of someone who has the wherewithal of destroying the evidence. Why is that Mr. Vipin Kumar is considered to be indispensable by Mr. Amarjit Singh?
Further, I am slightly perplexed on this issue. In my perception either an employee leaves or is asked to go. If Mr. Vipin Kumar has indeed resigned of his own accord why would he continue to perform any role in the society and if he has been asked to leave, why is it that he continues to be an employee of the Society and supposed to handle area as critical as accounts. Incidentally, according to Mr. Amarjit Singh Mr. Vipin Kumar resigned on 1st March, 2009 and was asked to stay on till alternate arrangements are made. It is over 3 months now and he continues to be in job. His behavior is very unlikely that of an employee. Mr. Amarjit also tells us that he has not been paid salary for 2 months. In this backdrop, I am not sure whether to appreciate his commitment or to assume that there is some thing more than what meets the eye. Is it that the resignation of Mr. Vipin Kumar is a farce?
Anyways, I sometimes get a feeling whether I could draw an analogy from political parties making the charge sheeted ministers resign and instead nominating their wives to be chief ministers. Could this be called old wine in new bottle?
I have not met Mr. Dhyani and we are yet to see his performance. Having said that what I notice is that:
a) Mr. Dhyani participated in the 1971 war and was decorated. He also has administrative experience of 27 years. Assuming he was 30 years of age in 1971, and his administrative experience commenced only after he retired from army his age would be 68 years as of now.
b) Look like that the ‘MC’ gives precedence to experience over youth.
c) Mr. Dhyani is participant of 1971 war. So was Col. Vijay Pal. Thus the source is known. Incidentally, Col Vijay Pal, though not being a member of the society was co-opted by the ex-MC as member of the MC. He was being paid Rs. 1000/- per day for sharing his ‘experience’.
d) We have not been communicated the Salary that shall be paid to Mr. Dhyani, nor have we been made known the working hours Mr. Dhayani shall keep. Is it at the same level as was being paid to Mr. Vipin Kumar or will it be at the same level as Col. Vijay pal? Will someone tell us.
e) I am not sure whether Mr. Dhyani has any corporate experience or has any familiarity with computers.
4. The MC felt the need for a part time accountant who would maintain and consolidate the Society’s accounts and liaise with Auditors, maintain bank reconciliation and sub ledger accounts etc. The MC will be interviewing short listed candidates for this position. Till a suitable candidate is found The MC has requested Vipin to continue the maintenance of accounts under the President’s supervision directly.
Mr. Vipin Kumar was in charge of and was undertaking these functions as Secretary. He used to attend office for ½ day and for 5 days a week. Our experience is that there was not enough work for him even when combined with other administrative functions. If these functions are indeed taken out of Mr. Dhyani’s domain I am not sure whether there will be enough work to keep Mr. Dhyani occupied.
Mr. Amarjit Singh has made this list rather long. Members with accounts background can appreciate that liaison with auditors is required once an year, bank reconciliation is required once an month and are sub ledgers not part of accounts?
While it is indeed gracious on the part of Mr. Vipin Kumar to have consented to handle these functions without getting salary for 2 months, if Mr. Vipin Kumar continues to handle these functions, even after resigning as Secretary, he will encroach on the functions of the secretary. While the law places the responsibility of maintaining the accounts on the secretary, here we are going to have an anomaly of someone handling an area as sensitive as accounts without any responsibility.
One the one hand, Mr. Amarjit Singh talks of conserving the resources of the Society, he also talks of precarious financial position of the society yet we are going to have two persons when we cannot find enough work for even one. ET routinely terms situations like this double whammy.
5. The MC resolved that efforts will carry on to ensure harmony and spoke to Mr. Nitin Kapur to join the MC as a Co-opted member. Mr. Kapur will let the Society know in early July about his decision to join the MC.
6. The MC co-opted Mr. AKS Rathore unanimously as the second Co-opted member. Mr. AKS Rathore has consented to join the MC.
7. The MC has put on hold the resignation of Mr. Ajay Jai Singhani till a replacement member is elected from the same block of members. The process of election has been started through the Housing Officer (as required by the Act). The Block Members eligible for being elected and for electing such a member would be soon intimated on confirmation from Housing Officer
I want you to re-read the mail sent by Mr. Amarjit Singh. The preamble reads like this.
“You must be all wondering as to the sudden quietness from the newly elected MC team, however, we all have been silently working on pending issues since the past 45 days. Some of the actions taken / withdrawn are attached for your ready references…these are a result of the two meetings held in May and early June.”
b) It is over 3 months that this “MC” has been in existence and what it has achieved can be summarised as one step forward and four steps backwards.
c) As you re-read the mail, it is evident that there is hardly any action taken by the “MC”. In my perception, appointment of new members on the MC and asking them to withdraw on pretexts could hardly be termed as ‘work’. And why talk of 45 days when the “MC” has been in existence for over 90 days. If this MC cannot convene an AGM in 5 months I would term the performance of the MC as "all talk and no work"
d) There are a number of pressing issues facing us. Roads, Electricity, sewage, Water and Clearances are just a few. I wish Mr. Singh had detailed what has been done on those accounts.
e) I am afraid while Mr. Amarjit Singh is talking of harmony, yet he is doing what is opposite thereof. It shall be imperative for ensuring harmony that serious work with responsibility, accountability and transparency is carried out. By keeping the majority out of the decision making process I wonder how can he ensure harmony. Majority of the members want a member secretary. He wishes to heap Mr. Dhyani on us and talks of harmony. Can there be something more ironical than this?
f) While I appreciate the efforts of Mr. Kapur and Mr. Rathore to come forward and contribute to the development, I wish to caution them that request them to ensure that they are NOT ‘used’ for taking decisions which jeopardize members’ interests such as with respect to 3000 mtrs. Plot or for that matter with respect to commercial area within the complex. These are our family silver and need not be used for paying salaries. We have already paid for the annual expenses and there has to be accountability with respect thereto before any more money is demanded.
g) I have already detailed in my e-mail dated 09.06.2008 that it is a settled law that once a person resigns, he cannot be re-appointed to circumvent the law. Mr. Ajay Jaisinghani has resigned and Mr. Rajesh Gulati was appointed on the MC to fill in the casual vacancy caused by Mr. Jaisinghani's resignation. If the said person resigns or if his appointment is considered to be not in accordance with the law for any reason it is legally not possible for Mr. Jaisinghani to continue as a committee member. Mr. Amarjit Singh professes to be upholder of legislations. He may please take note.
8. Since the Society’s civil works are completed upto a stage and the next phase will take some time to start, the MC decided that presently there is no requirement for the Site Engineers to contribute, accordingly, one month notice to be issued to the Site Engineer Mr. Sikander Mirza and the two site Supervisors. Secretary to ensure that these notices be issued and they may be relieved from the active service of the Society wef July 15, 2009. This way we shall appx save Rs. 31000/- per month.
9. The MC felt the need for renewal of the garden contract and perhaps find a more economical replacement of the present Contractor. Efforts will continue for finding a suitable replacement, meanwhile letter to terminate existing contract is being issued effective from 01 July 2009.
1) I am afraid Mr. Amarjit Singh is not putting the correct picture in front of the members of the society.
2) The Sequence of events is as under:
a) Draw of Lots – 4th September, 2005
b) Completion of Internal Development work – January 2006
c) Commencement of Construction work by members - March, 2007
d) Scheduled date of relieving Site Engineer – 15th July, 2009
3) I have already put forth my view point that the Site Engineer was appointed to oversee the internal development work which was common to all the members and as far as construction work is concerned, all members are carrying out construction on their own. Some of us are not constructing at present. Some of us have already completed the construction. In any case, it was not fair and equitable to burden the members who were not carrying out construction or for that matter who completed the construction.
4) Further, as can be seen, there was a wide gap between the completion of the Internal Development work and the commencement of construction.
5) On a philosophical note, all good things come to an end and so has Mr. Mirza’s tenure. I on behalf of all the members thank Mr. Mirza for having been associated with us for long.
6) I wish Mr. Amarjit Singh has used the opportunity to brief the members of the amount involved in the garden contract. I wish to request Mr. Singh to share as much information with members as possible since it is the members who have to ultimately foot the bill of the garden contract too.
10. MC spoke to the Auditor for finalization of Society’s accounts for yr ended 2007-2008. The Auditor has agreed to finalize the accounts by Tuesday the 9th of June. Thereafter, we will circulate the accounts to all members.
1) Mr. Singh has time and again professed his adherence to the rule book. In that backdrop, please re-read the statement. Mr. Singh is talking of accounts for 2007-2008 in the year 2009, well past the expiry date.
2) Last year too, we recd the accounts in January of the subsequent year. However, this year we will break the previous year’s record.
3) Accounts can be appreciated only when they are prepared and circulated immediately after the year ends. After that they are just to complete the formality. Here, when we should be getting 2009 accounts, Mr. Singh intends to circulated 2008 accounts.
4) 9th June,2009 has also come and gone. We have not still recd the accounts.
5) The more the MC delays circulation of accounts, more meaning needs to be read in the delay.
6) I request Mr. Singh to brief the members the date by which we should expect 2009 accounts.
7) If this is the state of affairs, why do we wish to retain Mr. Vipin Kumar as in-charge of accounts even after he is supposed to have resigned from secretaryship. Is he indispensable to us or is it that the MC/Ex-MC wishes to retain his services for reasons which they do not wish to share with us. Alternately, is his continuation a condition precedent by the contactors concerned? Will someone please educate us?
8) That reminds me that the state of finances of the society is getting interesting with each passing day. I get a feeling that the delay in sending the accounts to members has a definite co-relation with the poor state of finances of the society. It is the MC’s case that the staff has not been paif for last two months.
11. AGM is due and is planned for sometime in mid August 2009 to adopt the accounts and to transact Statutory required business.
1) As per our bye-laws AGM must be held each year by 30th November. I trust Mr. Singh is reading this or is cognizant of that requirement of Law.
2) The law requires that AGM must be held each year even if accounts are not ready.
3) Mr. Singh has not given any explanation as to why did it take more than 90 days and over 3 MC meetings merely to decide that yes we do need to hold AGM for 2008 in 2009 and yet is unable to decide on the date.
4) A number of members including yours truly have requested that AGM should be held as soon as possible. A member who supported the concept of employee secretary also wanted that we should discuss these matters at an AGM instead of e-mails. Yet in this backdrop, the meeting is not being held for reasons not known to us and not explained to us.
5) I only hope that the August date is not shifted to September and so on.
12. The Secretary informed the MC that GNIDA has allocated an extra appx 17sq mts of land in the Informal sector. The Society is required to pay an extra Rs. 15000/- appx to GNIDA. Arrangements are being made to pay this amount,thereafter possession of land will be taken over
I am reminded of what Mehmood, comedian of immense fame once said.
Well, on a serious note, it is indeed appalling that the Society has to arrange Rs. 15,000/-
What a climb-down!
Should be not fix a responsibility?
13. The MC decided to appoint a sub - committee for the Omega Sector ( Informal sector ) to study the approved plans, liaise with the Architect and advise the next steps on the implementation path. The MC decided to invite three members to lend support and help them for further action. The Sub-committee would have the President, Vice President and Capt Joneja in the Committee too.
14. We request yet again those members who have not paid the Society’s dues to once again pay. Kindly note that we have not paid salaries to our staff since the past two months as our fund position is not healthy. Only 30 members out of 95 have cleared their dues!
A number of members have received calls from Mr. S.P. Dhyani, who according to Mr. Singh has been appointed as ‘Secretary’. He also called me up at 4.01 p.m. on 12.06.2009 from Phone No. 0120-4572229. He introduced himself as Secretary and later corrected himself that he is on trial. Mr. Dhyani wanted me to pay Rs. 12,000 and explained that the society is in dire need of funds and has not paid salaries for 2 months.
2. This was very disturbing for me. A Society of Professionals where the members are well off and have largely paid as demanded, yet it does not have funds to pay to the staff. It is another matter whether the staff was deployed for them. The base question is what has brought the Society to such a state.
3. I asked Mr. Amarjit Singh through my mail dated 19th April, 2003 very simple question of where did our money go? (copy enclosed for ready reference Annexure I & also available on http://krishnasociety.blogspot.com/ in the archives section). The members have not received any response to the queries raised by us.
4. In his letter/e-mail dated 9th March, 2009 Mr. Amarjit stated as under:
“The roads, electricity sub station transformers, club house, amphitheatre, shopping complex, parks, green belt all need an urgent decision and funds to start completing them. I have already requested the Secretary to dig out all the old decisions, issues, future plans and I will shortly communicate to you all the present state and plans so that we can jointly address these common facilities”.
It is over 3 months since Mr. Amarjit Singh wrote that famous e-mail and from the conduct it obvious that the word “shortly” has different connotations for different people.
5. The Society has collected 4.18 Crores from the members towards the internal development work. We would wish to know where was that money spent, duly certified by Mr. Amarjit Singh. I do not think that is a unreasonable demand since my and other members’ money was hard earned money. Unless this accountability is created, there will be no end to the demands being raised by the Society. To facilitate the process, I have created and enclosed an Excel Sheet (Annexure II) and which may be filled up by Mr. Amarjit Singh and signed by him before circulation to members.
6. I had perceived that the perhaps the money which was collected from the members towards the internal development work was diverted to the contractors who were building houses for the members, including members of the Ex-MC. It is notable there is no denial from Mr. Amarjit Singh nor from any other MC member and nor from any ex-MC Member. It is an acceptable norm that continued silence is admission of guilt. If there is no diversion of Funds, let Mr. Amarjit Singh give to the members an account of the Funds collected and deployed in the enclosed Excel Sheet (Annexure III).I would also ask Mr. Amarjit Singh to certify it.
7. I further perceive that Mr. Amarjit Singh and his worthy colleagues on the MC have been ‘installed’ on the ‘MC’ merely to shield the persons responsible for diverting the hard earned money of the members.
8. The resultant chaos has resulted in lack of completion certificate from the Greater NOIDA authority for the internal development work. I cannot blame GNIDA for this since how can we expect completion certificate without having completed the work. Since there is no completion certificate, there will be no completion of houses either.
9. Mr. Amarjit Singh in his communications has repeatedly stressed on 3000 mtrs. Plot. Since he sees this as the only way of raising resources. I find that approach to be disastrous for us as a Society. Should we be selling family silver to pay for the salaries? The following pictorial will illustrate the issue
Precarious state of finances |
Non Payment by members on account of lack of accountability |
Money Collected from members towards internal development |
Paid to Contractors having no relation with internal development work |
Incomplete Internal development work and lack of Completion Certificate |
Sale of 3000 Mtrs. Plot to generate Funds for completion of internal development work |
10. Majority of Members have refused to pay for Rs. 12,000/- as annual charges. I see this as a fitting response to a non responsive ‘MC’. As per his own admission, Mr. Amarjit Singh has claimed that only 30 members have paid. I doubt that number. In any event that illustrates that majority of the members have conveyed their response through this referendum and it is time for him to realise that you cannot achieve progress by crushing aspirations of members.
11. In my previous mail of 19.04.2009 (copy enclosed) I had detailed the heads under which Society still needs to carry out internal development work. Mr. Amarjit Singh has not given an estimate of the amount required to complete the works. Mr. perception is that it will easily exceed Rs. 100.00 Lacs. That means this is the sum which should have been available in the Society’s bank account. Members are entitled to that sum and the interest thereon.
12. On the smaller sum of Rs.12,000, let me explain that issue. The Society had collected Rs. 50,000/- in December 2007 - January, 2008 from each member. The same was accounted for as under:
a) Rs. 12,000 for 2007 (Jan to Dec)
b) Rs. 12,000 for 2008 (Jan to Dec)
c) Rs. 19,800 for architect’s fee.
d) Rs. 6,200 for obtaining completion Certificate
13. The Architects Livin Systems have confirmed that they will not certify the building plans of members who are constructing on their own. They have also confirmed that they are not charging any money on that account. Hence all members who are constructing on their own have already paid Rs. 26,000 to the Society in advance. There is no reason as to why they should be paying twice for the same account.
14. Mr. Rustagi has demanded of Mr. Amarjit Singh to instruct Mr. Dhyani not to call members since we do not recognise him. While I find merit in that demand I wish to add that in the backdrop of the fact that we have paid in advance and there is no accountability from the MC, Mr. Dhyani’s calls appear to be adding insult to the injury.
15. I wish to appeal to all members to write to Mr. Amarjit singh to give an account of the money collected from us and till the time the said account is given, we should refrain from making any payments.
15. Our next meeting of the Mc would be held on 14th June. We have also decided to meet more often in order to review progress and get actions of the ground.
