KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
E MAIL: KULDEEP.KOHLI55@GMAIL.COM
14.9.2016
Shri Ashish Kumar Mohanty
Branch Manager
Axis Bank Ltd.
WZ-24-A,
Palam Village,
Palam,
New Delhi – 110045
Mobile No. 9582801321
Respected Sir,
REQUEST TO STOP ILLEGAL OPERATION OF ACCOUNT NO.AXIS BANK CURRENT ACCOUNT NO. 913020020540466BY THE SIGNATORIES OF ANSAL RETREAT RESIDENT WELFARE ASSOCIATION, REGISTERED VIDE REGISTRATION NUMBER HR-018-2012-00032
UNAUTHORISED OPENING AND OPERATION OF BANK ACCOUNT WITHOUT PROPER APPROVAL FROM THE REGISTRAR OF SOCIETIES
Dear Sir,
We are the ownersof different farms at Ansals Aravali Retreat and are members of ANSAL RETREAT RESIDENT WELFARE ASSOCIATION, REGISTERED VIDE REGISTRATION NUMBER HR-018-2012-00032.
Through a series of recent communications from the office of the District Registrar, Firms & Societies, Gurgaon we have been given to understand that the Governing body of ANSAL RETREAT RESIDENT WELFARE ASSOCIATIONis under audit and scrutiny regarding financial irregularities committed by them.
We are enclosing herewith the following orders which are self-explanatory.
1. Order No. GGN/IC/DR/1455 dated 1.8.2016
2. Order No. DIC/GGN/DRI/1532 dated 12.8.2016
3. Order No. DIC/GGN/DRI /1737 dated 6.9.2016
You would notice from the order dated 12.8.2016 that the Association has been restricted from even holding the special General Body Meeting and have been directed:
(i) enrol new members after following due process
(ii) amend Memorandum of Association and Bye-laws and make them strictly in conformity with the provisions of the HRRS Act, 2012
(iii) get them approved in the General Body Meeting of Association to be called for the purpose
(iv) in the Special General Body Meeting the quorum as per HRRS Act, 2012 must be followed
(v) After the approval of the Special GBM the MoA and Bye-law must be got approved from this office
(vi) After the approval of MoA and Bye-laws by this office election be held as per provisions contained in HRRS Act, 2012 and
(vii) Manage the day to day administrative and financial affairs of the Association strictly as per established norms and also in HRRS Act, 2012.
SECTION 24 AND 25 OF THE HRRS ACT 2012
The contents of the Memorandum and the Bye-laws shall be prepared in accordance with the provisions contained in sections 24 and 25 of the Act.
Section 24 – Memorandum - The memorandum shall state:
(ii) Aims and objects of the Society
Unfortunately in the present case there is no memorandum submitted at all and hence there are no aims and object for which this Society has been formed and hence a gross violation of Section 24.
Section 25 – BYE-LAWS
The Bye-laws shall generally conform to the model bye-laws as prescribed and shall contain provisions in respect of the following matters:-
(ii) Aims and objects of the Society
(III) Provisions regulating the membership of the Society ie. Eligibility, admissions, kinds of membership, membership fee, subscription fee, resignation, withdrawal and termination
In the present case unfortunately there is no memorandum submitted at all and hence the Society has not given any aims and objects of the Society and therefore a gross violation of Section 24.
Similarly the bye-laws of the said Society are in complete violations of the above clauses related to provisions regulating the membership of the Society i.e. Eligibility, admission, kinds of membership, membership fee, subscription fee.
The minutes of the General Body Meeting held of Ansal Retreat Resident Welfare Association on 8.3.2015 pertaining to the Continue with the Office – Bearers at point No. 3 reads as under: A section of the same is pasted below (copy enclosed) for your ready reference wherein it states:
“ ….The general body requested the present Office Bearers to be elected in voice vote and their term start from 8.3.2015 to 7.3.2018 for 4 year and their term could be extended.
SECTION 32 OF THE HRRS ACT 2012 SUB SECTION (6) READS AS UNDER:
Where an existing elected body does not have a duly elected Governing Body in position and the affairs of the Society are being managed either through an Adhoc body of through an Administrator appointed by the Government in this behalf:
(i) suchadhoc body or the Administrator shall take steps to hold the elections of the Governing Body, if its membership is within the specified numbers:
As is evident from the letter of the District Registrar, Gurgaon and the records of Association available in the office of the District Registrar, no election of this Society has ever been held since its registration on 7.9.2012 whereas the same should have been held immediately. An adhoc body cannot under any norms of the HRRS Act 2012 keep running on adhoc basis for three years.
33- HRRSA 2012 – GOVERNING BODY
33. (1) The members of the General Body or the Collegium, as the case may be, shall elect the Governing Body (by whatever name called), consisting of not less than three and not exceeding 21 members. The office-bearers shall comprise of the President, Secretary and Treasurer as a minimum, and other office-bearers, as prescribed under the Bye-laws.
(2) The Society shall file the list of the elected office-bearers with the District Registrar within a period of thirty days of holding of the elections for the Governing Body in the manner, as prescribed.
(3) The tenure of the Governing Body shall not exceed three years. The matters pertaining to re-election of any office-bearer shall be regulated in accordance with the Bye-laws.
(4) Every Society shall maintain a register showing the names, addresses and occupation of the persons appointed or elected as office-bearers and shall file with the District Registrar, - (i) a copy of the register within a period of thirty days from the date of appointment or election of the office-bearers; (ii) a notice of every change in the office-bearer within a period of thirty days, from the date of such change; and (iii) the details of the office-bearers along with the annual return in the manner, as prescribed under the rules.
(5) The constitution of the Governing Body, appointed or elected for the first time or thereafter, shall be valid only upon approval thereof by the District Registrar and its tenure shall commence from the date of its approval
No approval has ever been granted to this Association and no records on the approvals have been ever handed over to your office by this Association and none of the provisions as laid down in Section 33 (i) to (5) have been followed as is evident from the minutes of the meeting of the General Body dated 8.3.2015 enclosed herewith for your ready reference and the records with the office of District Registrar, Gurgaon.
More specifically sub section three states that the tenure of the governing body should not be more than three years.
You would notice from the minutes of the General Body meeting pasted above on “ Continue with Office bearers “ wherein it states that the General Body requested the present Office-Bearers to be elected in voice vote and their terms start from 8.3.2015 to 7.3.2018 for 4 years and their term could be extended further.
Hence neither the elections were held as per Section 32 nor a fresh body was elected as per Section 33 and hence the very existence of the fresh body is in violation of the HRRS Act 2012 and therefore the said body is ineligible to even carry on with any function of the Society and a fresh body is required to be elected.
Similarly as per sub section (5) given above which reads “the constitution of the Governing Body, appointed or elected for the first time or thereafter, shall be valid only upon approval thereof by the District Registrar and its tenure shall commence from the date of its approval”.
Since the office of the District Registrar, Firms & Societies, Gurgaon has not granted any approval of the constitution of the body since 2012 and since they are in gross violations of all the provisions of the HRRS Act, 2012 and since no elections have ever been held by them hence the tenure of the Association has not even commenced and even if it is considered to have commenced by default the same stands expired after a period of three years from the formation of the Society on 7.9.2015 and any operation of the Bank Account or operation of any kind or any representation before any Government office or any transactions/ financial banking / correspondence / commitments on behalf of the Association by the existing governing body are absolutely illegal and hence liable to be prosecuted as per the laws of the land.
SECTION 24 AND 25 OF THE HRRS ACT 2012
The contents of the Memorandum and the Bye-laws shall be prepared in accordance with the provisions contained in sections 24 and 25 of the Act.
Section 24 – Memorandum - The memorandum shall state:
(ii) Aims and objects of the Society
Unfortunately in the present case there is no memorandum submitted at all and hence there are no aims and object for which this Society has been formed and hence a gross violation of Section 24.
Section 25 – BYE-LAWS
The Bye-laws shall generally conform to the model bye-laws as prescribed and shall contain provisions in respect of the following matters:-
(ii) Aims and objects of the Society
(III) Provisions regulating the membership of the Society ie. Eligibility, admissions, kinds of membership, membership fee, subscription fee, resignation, withdrawal and termination
In the present case unfortunately case there is no memorandum submitted at all and hence the Society has not given any aims and objects of the Society and therefore a gross violation of Section 24.
Similarly the bye-laws of the said Society are in complete violations of the above clauses related to provisions regulating the membership of the Society i.e. Eligibility, admission, kinds of membership, membership fee, subscription fee.
We feel it was the basic dutyof the Bank before opening the account to go through all the documents and approvals required for any RWA under the HRRS Act. Hence the bank should have seen the following documents:
1. Memorandum containing Aims and Objects
2. The Registration of the Society
3. The approval of the elected body of the Society by the District Registrar
In view of the documentary evidence provided and enclosed and in view of the facts elaborated in the said communication, we would request you to kindly immediately STOP ILLEGAL OPERATION OF ACCOUNT NO.AXIS BANK CURRENT ACCOUNT NO. 913020020540466 BY THE SIGNATORIES OF ANSAL RETREAT RESIDENT WELFARE ASSOCIATION, REGISTERED VIDE REGISTRATION NUMBER HR-018-2012-00032
Thanking you,
Yours faithfully
KULDEEP KUMAR KOHLI
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