• Society not submitting audit report since inception.

Dear Sir,

Our housing society was created in year 2008 in Badlapur with total 16 members. A working committee was elected. 
However, since then there hasn't been any elections in society as more than 50% of members have taken flats only for investment and only comes once or twice in a year or two.
Also many members are on job in mumbai and hence are not much keen in doing society work.
The maintenance collection is done by existing committee and only housekeeping, water & electricity charges are paid regularly.
Unaware of society bye-laws and other rules and regulations society hasn't prepared any audit report till date. 
My questions are as follows.

1) Can the irregularity of non-submission of Audit report to registrar be regularized? If yes, How?
2) Are there any penalties/ punishments for non-submission of audit report? If yes, what those are?
3) Is there any legal way by which these penalties can be avoided?
4) Can any committee member face jail due to complaint by any society member regarding above issue?
5) What is the procedure of submitting the audit report to registrar?
6) Can we off load the society activities to any external agencies to wok on behalf of committee so that future transactions can be regularized?

Awaiting your feedback.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

(a) The society may, if it considers it necessary, appoint an internal Auditor, to audit the accounts of the society, at the annual general body meeting. The Society shall appoint the Statutory Auditor in its General Body Meeting from the panel of Auditors approved by State Govt. and same Statutory Auditor shall not be appointed for more than two consecutive years. The Statutory Auditor shall submit his Audit Report as provided in section 81 of the Act. (b) It shall be the responsibility of the Committee to get the accounts audited within a period of Four month from the closure of financial year. (c) The Remuneration of Auditors so appointed shall be decided by the General Body Meeting of the Society.

The Secretary of the society shall produce or cause to be produced all the books, registers, records before the internal auditor and the Statutory Auditor, in the office of the society or where the records are normally kept and furnish such information as may be required by him for the conduct of the audit of the accounts of the society.

(a) On receipt of the audit reports from the Statutory and Internal Auditors, the Secretary of the Society shall prepare draft audit rectification reports on the objections raised and suggestions made, in the form ‘0’ prescribed under Rule 73 of the MCS Rules 1961 and place the same before the meeting of the Committee, held next after the date of the receipt of the audit reports, for its approval. The audit rectification shall be done by the committee within 3 months from the date of audit reports. The committee shall submit Audit Rectification Report to the Registrar and the Annual General Body Meeting of the Society. (b) If the Committee of the Society fails to submit Audit Rectification Report to the Registrar and the Annual General Body Meeting, all the members of the Committee shall be deemed to have committed an Offence under section 146 of the Act and shall be liable for Penalty under section 147 of the Act.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) yes. By paying penalties.

2) society can be deregistered or office bearers can lose their post or assets of society could be liquidated as a penalty.

3) by submitting annual report only.

4) No.

5) get the report made through the auditor anf then submit in office of registrar of societies.

6) No. Only the members of society who are flatowners can be a part of the committee.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

1) Around 20,000 housing societies in the Mumbai metropolitan region have not submitted audited accounts for 2017-18

2)33 per cent of housing society societies in Mumbai , new Mumbai and thane region have failed to submit audited account

3) failure to submit audited accounts can result in de registration of society, disqualification of office bearers and liquidation of assets

4) Bye Law No 151(b) Responsibility of the Committee to get the Accounts Audited

It shall be the responsibility of the Committee to get the Accounts Audited within a period of six months from the closure of financial year and in any case before issuance of Notice of the holding of the Annual General Body Meeting.

5) Bye Law No 153(b)

If the Committee of the Society fails to submit Audit Rectification Report to the Registrar and the Annual General Body Meeting, all the Members of the Committee shall be deemed to have committed an Offence under section 146 of the Act and shall be liable for Penalty under section 147 of the Act.

6) you can appoint manager in the society for running affairs of the society

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If the society registration has not been renewed after 5 year of registration then the society registration has to be renewed first.

2. There is penal property for non renewal of society and the same will vary on the duration.

3. There will be no jail and penal punishment.

4. The work of the Society can not be given to a third party, the same has to be performed by the society only.

R

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

For all your questions answer is with register.

You need to complain to the registrar regarding the malpractices in society about non election and the same societies working for years without submission of the final accounts of the society D and seek direction from him.

And the Order of the register the society will be I bound to produce the annual accounts and go for the election.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Auditing is mandatory and violation of the same is punishable with "disqualification" of the Mg.Committee members for Five years plus penalty of 5000/-

2. Accounting Agency can be delegated for filing and uploading the Audit and other accounting and GB Minutes on the coop. dept. website.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. The auditor will take care of such issues, at least now you get the accounts audited.

2. There may be penalties but no punishments against an institute.

3. You first talk to your auditor about it.

4. No.

5. Your auditor will do it on your behalf.

6. You can decide it in the next AGM

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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