MINUTES OF THE 87TH ANNUAL GENERAL BODY MEETING...

1

MINUTES OF THE 87TH ANNUAL GENERAL BODY MEETING HELD ON SUNDAY, 22ND

SEPTEMBER 2019, 10.30 A.M. AT THE GROUND FLOOR BANQUET HALL.

The President Mr. Shyam Shroff welcomed and greeted the members present and chaired

the meeting. In view of insufficient quorum, the President declared the meeting adjourned

to 11.00 a.m. in terms of notice dated 30th August 2019. The President then at 11.00 a.m.

called the 87th Annual General Body meeting to order wherein 355 members were present.

The President requested all the members to rise for the National Anthem. He then further

requested the members to rise as a mark of respect in memory of our members who left

for their heavenly abode.

He then introduced the Honourable members sharing the dais with him.

“On my right is Mr Amarjit Singh Chadha, Hon.General Secretary, further right is Mr.

Gaurav Kapadia, Hon.General Secretary.

On my left is Mr. Ashok Mohanani, Vice-President, on my further left is Mrs. Madhavi

Ashar, Hon.Treasurer and on my further left is Mr. Manu Dadlani, the Trustee nominated

on the Managing Committee.

We have a very long agenda ahead of us and I will try and be very brief. So, we don’t take

much time here. I have already sent my report to you which may please be treated as read.

I will just take some part from there and some important issues.

As President of Khar Gymkhana for the past two years, I have good reason to express my

heartfelt thanks to the Office Bearers, Members and well-wishers of the Club. We have

accomplished much together in these years that passed too quickly.

It has not always been easy sitting in this chair but the tough challenges not only have

their ups and downs, they also bring out the best in you. But nonetheless, I’ve enjoyed

every minute that I’ve been there.

During these two years I’ve learned how to take direction, criticism and compliments. I’ve

also learned to be open-minded, to value and consider other people’s opinions and ideas

along with mine.

I have already acknowledged the contribution of the different sportsmen and sportswomen

of Khar Gymkhana, it is my duty to mention them all over again. I must acknowledge the

contribution of the members in bringing laurels to the Gymkhana in various sporting field

including Billiards/Snooker, Table Tennis, Tennis, Swimming, Squash, Badminton and

Cricket. I would like to specially mention Mr. Veer Chotrani, Mr. Yuvraj Wadhwani, Mr.

Vikram Malhotra, Mr. Tushar Shahani, Ms. Aishwarya Khubchandani (Squash players),

Ms. Diya Chitale (Table tennis), Mr. Sparsh Pherwani, Mr. Kreishh Gurbaxani, Mr.

Ishpreet Chadha, Mr. Rishabh Thakkar, Mr. Yasin Merchant (Billiards/Snooker), Ms.

Manya Avlani (Badminton), Mr. Neel Roy, Mr. Virdhawal Khade, Mr. Aryan Makhija

(swimming) and Mr. Aryaan Bhatia (Tennis) who participated in tournaments at the

national and international level and came out on top. Congratulations to all our richly

deserving players. Because of you Ladies and Gentlemen as sportsmen, we all are here.

2

Without them this club has no value at all. Today they are in power, tomorrow somebody

else will be playing and getting laurels to the Club but we need to encourage every player

and every champion of Khar Gymkhana.

I must also applaud the entire editorial team of our house magazine PULSE for their

untiring efforts to bring out the magazine every month on the dot. All our nominated

committees like Music, Singers, Yoga, Women’s Empowerment, Construction, Staff, Sr.

Citizens, Bar & Canteen, IT, Legal, Constitution and Maintenance Committee have been

very active and doing commendable work in their respective fields and my heartfelt thank

you to each and every one of those committees.

I would like to mention some other part which is not in my report.

Being the election year, I understand that it’s the time to WIN and the guns are being fired

from all directions.

I, personally take this period as an AMUSEMENT TIME and as an advance DWIALI

CELEBRATIONS. Members come forward to meet and greet you and talk to you nicely and

care for your well-being. I hope they actually mean it.

Some friends approached me to please find ways to bring down the noise level of negativity

during elections and my answer to them was by way of an Urdu couplet: -

Junoon (Madness) ka daur hai

Kis-Kis ko samjhayen Ghalib

Deewane kuch yahan bhi hain

Deewane kuch wahah bhi hain.

The only thing, in the last two years, that has disappointed me the most was the

resignation of two of my very close colleagues from the Managing Committee and sadly it

has now become an election propaganda to defame the present Managing committee, my

Managing committee.

When you take up a public post, you have to be ready to accept bouquets and brickbats,

work as a TEAM and honour the rule of the majority. Running away or giving up is not

the right solution. You have to be competent enough to handle pressures with pleasure.

Before I sign off, I would be failing in my duty if I do not acknowledge the support and co-

operation of our managers, Mrs. Greta Pinto and Mr. Harry D’souza and the entire ever

smiling staff force.

Dear Members! Thank you very much once again and I am sure the incoming committee

will take care of the club and take it to the greater heights. I wish them all the best.”

The President requested the Hon. General Secretary, Mr. Amarjit Singh Chadha to proceed

with the agenda.

3

The Hon.General Secretary, Mr. Amarjit Singh Chadha then read out the first point of the

Agenda item.

1. To confirm the Minutes of the Eighty-Six Annual General Meeting held on

30.09.2018 and Adjourned Annual General Meeting held on 06.01.2019.

The above minutes were proposed by Mr. Sunder Sadhnani and seconded by

Mr. Shyam Karmarkar.

2. To consider any business arising out of the minutes.

Mr. Ashok Puri, Mem.No. P-73-O said that he was the only person dissented to the

passing of the accounts last year which is written unanimously passed.

Mr. Madhukant Acharya, Mem.No. A-58-L

I would like to draw to the attention of the House two matters regarding the minutes.

One is the roster of members who attend meetings. In the last AGM the President

himself had confirmed that he will consider it to put it in the minutes. It is a record

of the people who have attended the meeting which is done in most clubs. I request

that this be done if not now for the future meetings.

The second this is arising out of the minutes one of the point that had come out is

that the Managing committee meetings would be in camera. That means whatever

is recorded is not circulated merely by putting it on the Notice Board But the entire

proceedings are on camera so any member who is desirous of seeing all the audio

and the visuals is welcomed to do it. I request that these two points are taken care

of.

Mr. Shyam Shroff:-

The Managing committee meetings are already being audio/video recorded.

Mr. Yogesh Talwar, Mem.No. T-85-L

Chairman Sir, you have just read your report and at your convenience whenever

you feel like I would like to talk a few sentences of your report, whenever you allow

me at your convenience.

Mr. Shyam Shroff:-

I will allow you in AOB but please remind me at that time.

Mr. Shyam Karmarkar, Mem.No. K-133-L

In the minutes one item was there which says that certain areas members felt that

detailed enquiry should be done. Investigation should be done and a report should

be presented before the next AGM. I am sure that everybody must have received the

detailed report from Alviar Risk which is running into 46-48 pages. I have prepared

a condensed summary because if I talk about 46 pages this meeting will go on for

4

10 to 12 hours. I want to talk only about the highlights and I have prepared the

excerpts from the Investigation report.

Mr. Rajesh Gursahani:- Mem.No. G-99-L

This cannot come under business arising out of the minutes because it is not there

in the minutes, investigation if you read clearly. This cannot come now although the

Managing committee has passed it. It can come in the AOB. But it cannot come in

Business arising out of the minutes.

Mr. Nitin Ghadiyar:- Mem.No. G-156-L

Please refer to page 12 of the minutes of the meeting that was held in January 2019.

There was a clear directive that was given. I had intervened to give the directives to

the committee. It is deemed to have been resolved. The AGM in September was

adjourned. The Auditors refused to sign the accounts. We had another AGM in

January 2019 which was an unprecedented situation. When the AGM was

conducted in January a whole lot of irregularities were pointed out pertaining to

various periods up to 2018. The members clearly were disappointed seeing the size

and scale of irregularities. There is no point in taking a technical view whether a

resolution was passed or not. There was clarity in what the members said. Now, at

least fifteen of these irregularities I saw on chart which of these irregularities which

you have now identified for action to protect my money, public money of the

Gymkhana. If there is anything that has gone wrong, we need to know what action

you want to be taken and either by 30th April identify who perpetuated it. It was the

accountant who ran away. Was it the auditor who complied with and then resigned?

Who was it? Or was it anybody else. Who perpetuated falsehood of accounts if there

was any? Who allowed the incorrectness of accounts to be presented? Identify that,

take action against it and most importantly you mentioned the audit committee etc.

Clearly the mandate of the AGM was to take action based on the tremendous

irregularities which were presented in the January meeting. In fact, my

disappointment with you Chairman Sir and your committee is that you did not

adhere to the 30th April timeline. Not only was the direction given a timeline was

laid. Der sahi, Doorust sahi, you have not adhered to the 30th April time. You have

extended it almost close to September. It does not matter. It is never too late. We

need to know. This is yours and my money as members. The scale of irregularities

amounts to Rs.1crore, seventy lacs apart from various irregularities in the

processing and presentation of accounts. This is not a joke and this is not a subject

for technical discussion. Therefore, I would urge you Chairman Sir, that infact I

understand that there was an order passed by the Hon’ble Court in Dindoshi

yesterday which is indicative of the seriousness of the accounts of the issue and

their acceptance of their seriousness. This is not an election issue. It does not matter

which of the members are contesting elections or not. This is an issue of the integrity

and the security of the Khar Gymkhana and its funds. In fact, the Hon’ble court did

not allow an injunction for the discussion of the matter. They have only said that

no issues can be discussed which are punitive in this meeting. I would request you

President Sir, without waste of further time after the todays date when the AGM

5

should go on peacefully because the idea is not to incriminate or address individual

members or get into vendetta. This is a serious matter of the Gymkhana. I would

ask you and if that be recorded, I would ask you immediately after today in line with

the judgement of the Dindoshi Court and in line with the membership of the Khar

Gymkhana and their sentiments take whatever legal action in consonance with the

Constitution of the Khar Gymkhana without delay. I would like to set a three day

dead line from Monday so that action to be taken.

Mr. Shyam Shroff:-

The matter is already in the court. It is a sub-judice matter. The next date is 26th

September 2019. Let us not discuss the report. Most of you must have seen the

order. It says very clearly that whatever action you want to take don’t take anything

today. Whatever action in future you need to take you can pass a resolution here. It

will come to Managing committee and we will take action based upon whatever

resolution is passed.

Mr. Zoru Bathena, Mem.No. B-132-L

I would just like to request all people in the Khar Gymkhana there is election a week

away and it is extremely distressing for members to hear from both sides how the

other sides are crooks, thieves. If there is any report or any irregularities please take

action. As far as I am concerned, I have received this today morning. It is dated 27th

August 2019. If it was out on 27th August 2019 it could have been circulated much

in advance, irrespective of that the issue is of this week. Please I am requesting all

members let us maintain some decorum. Let us not spoil Khar Gymkhana’s name.

Whatever has to be done can be done ten days before. It can be done one month in

advance. It can be done one month later. Let us not be naïve what is going on from

both sides. It is equally bad on both sides. Let us keep Khar Gymkhana’s name

clean.

Mr. Shyam Shroff:-

Mr Bathna ! I have expressed my views in Urdu. There is no question of sides here.

To me everybody is equal here. There is no east or west. Whatever is the court order

we have to follow. The court says don’t take action today but whatever action you

want to take tomorrow onwards you get a resolution moved. It will be put before the

House for approval.

Mr. Shiv Malhotra, Mem.No. M-255-L

This is actually misappropriation of Gymkhana funds. It is a very important matter.

Time after time we are seeing reports coming out. Incriminating reports but no

action is ever taken. There was an E&Y report in the year 2015. The Alviar Risk

Special Investigation Review actually ammoniated from the two previous reports one

was by Sathe Gokhale and the second one was from MSKA Associates. Some very

serious issues of misappropriation are found in this report. The report has been

circulated to all the members. I think serious offences are made out in the report

and therefore certain action should be taken.

6

Mr. Shyam Shroff:-

What action are you proposing?

Mr. Shiv Malhotra:-

I am proposing a resolution without wasting time and my resolution is that it be “It

be hereby resolved that the Managing Committee be hereby authorized to take

appropriate civil/criminal action as advised on the basis of the Special Investigation

review received from Alviar Risk and circulated to the members”. I have moved the

resolution. It is up to the House to decide.

Mr. Shyam Shroff:-

A resolution has been moved. I have avoided all kinds of discussions here because

the matter is in the court. It is sub-judice. I don’t want anyone to come here and

speak on the merits or the demerits of the report. This report has been circulated to

all the members.

Mr. Yogesh Talwar:-

I am not qualified to speak on the report. I am just talking about principles of

Natural Justice. The people who have been allegedly accused in the report have not

been called to give their side of the story. So, you cannot have a one-sided report.

Have some company who can give you the report and then implicate the people who

have not been given a chance to give their defence. That’s all Mr. Chairman Sir.

Mr. Nitin Ghadiar:-

First of all, let me correct you the matter is not subjudice. The court has only

restrained discussion on the report today. The court in fact in its order has said the

normal course of action should prevail after the today’s meeting. That is the order

of the court. So, the report is not subjudice. Taking action does not mean that the

principles of Natural Justice are violated. The action will involve hearing the other

party as well. Nobody takes criminal action without allowing the other party to state

its views. So, whatever is the action to be taken will go by the principles of Natural

Justice. No members interest will be violated any every member should be allowed

the opportunity to respond to the report. The point number 3 is I would suggest one

amendment to Mr. Shiv Malhotra’s resolution. The resolution is fine as it is. Except

all sub provisions of the Constitution of Khar Gymkhana which are extremely

important may also need to be addresed when you take the future course of action.

If you can add that element to your resolution that would be fine. Then just add it

to the resolution and I would urge the House to adopt this resolution. It does not

mean that no action has been taken.

Mr. Shyam Shroff:-

I request Mr. Malhotra to please read out your resolution. I will put it before the

House.

7

Mr. Shiv Malhotra:-

It is hereby resolved that the Managing committee be hereby authorize to take

appropriate civil, criminal action as advised on the basis of the Special Investigation

review received from M/s. Alviar Risk and circulated to the members. I can add

further provisions of the Constitution may also be applied in this matter.

Mr. Shyam Shroff:-

I put this resolution before the House. Those not in favour say No. Let us go with

show of hands. Those not in favour please raise your hands. Those in favour please

raise your hands.

The above resolution was passed with majority.

Mr. Rajesh Gursahani:-

Sir, this meeting cannot continue, you did not even count. You did not even give an

opportunity to speak. You just came up with the resolution and trying to bull doze

it. Is this the way AGM is conducted? This resolution is wrongly passed. I would

request you to please count the votes.

Mr. Shyam Shroff:-

I am going as per the court order.

Mr. Rajesh Gurshani:-

On what basis passed.

There was a commotion and disruption of the meeting.

Mr. Shyam Shroff:-

This meeting is adjourned for fifteen minutes.

The House reconvened after fifteen minutes.

Mr. Shyam Shroff:-

The meeting is about to resume.


All the voting that took place was clearly recorded. I request the Chairman to kindly

replay it and see whether there were more Yes or No right now. I am determined

honestly and frankly. Please Sir, don’t try to bulldoze this.

Mr. Shyam Shroff:-

I have given my order. I am not going to review right now.


8

There is no question of you not reviewing it. If this is not reviewed you cannot

bulldoze it. There is a law of Natural Justice. If you want to hang me, hang me. At

least give me an opportunity to present my case. You don’t allow me to speak, you

don’t allow me to come on the mike. You put it to vote. Pass a resolution, you do

anything you feel like. Sorry Sir this is unconstitutional, unlawful and illegal.

Mr. Shyam Shroff:-

I have learnt a lot of things from you. I must compliment you.


This cannot continue Sir till the reversal is not done. Be fair. Take a secret ballot. I

request the Vice-President Mr. Ashok Mohanani to kindly take a call and decide and

I will abide by it.

Mr. Shyam Shroff:-

I am sorry, we can’t do it. We wish to continue with the meeting.


We wish to continue with the meeting but if we have to go back. After this point,

yes, we will continue with the meeting. But this you cannot bulldoze it. It is in the

General Body meeting. Sau din saas k eek din bahu ka. Today we members are here

for justice. We cannot be overruled by wrong notions. This is a General Body for the

members by the members. Please stand for the truth. Sir, I suggest we replay the

vote taken.

Mr. Minesh Babla:-

Sir, you be just and fair. We will be quiet. If you be unfair nobody will be quiet.

Mr. Shyam Shroff:-

If you are not going to maintain the decorum, I will have to further adjourn the

meeting.

The meeting was adjourned for half an hour and it was reconvened after that.


Sorry Sir, the meeting will only continue if it is done justly and fairly. Everyone is

given an opportunity to speak. The voting is counted rightly. You just can’t shout

and say yes, it is done. You said it in a nice manner but you gave a wrong ruling. I

request once again to kindly replay that vote back on the screen since it had been

recorded and then decide. Also, we have got a Senior counsel Advocate Joaquim

Reis present here. You can even use his opinion if you want. I am sure he is more

knowledgeable then all of us here. I request you to kindly replay the vote and

accordingly give your ruling please. You are passing a sentence on someone without

giving an opportunity to present his case. You are just passing a sentence. You are

9

taking a vote. There are more No’s lesser Yes still you say No resolution is passed.

We are all educated people here. We all understand what is happening. We all

understand how you are bull dozing this. No, we are not going to allow to continue

with all respect to you as a President you are acting unfairly sitting on the chair. I

will not allow anyone to come on the mike. I will not move from here also.

Mr. Madhukant Acharya:- Mem.No. A-58-L

I suggest that there is so much of problem regarding this voting. If there is so much

controversy on the voting let us have an electronic voting or secret ballot for all

AGM’s.


Sir, that is for the future. What about now? Can you arrange a secret ballot now,

we have no issue? But not the way you are doing it Sir, Sorry.

Mr. Shyam Shroff:-

We are on Agenda No. 3.


Sir, there is no Agenda No. 3 here. The previous agenda has not been concluded.

Mr. Gaurav Kapadia:-

Mr. Gursahani! please allow Mr. Pradeep Ajila to speak. You cannot block the mike.

You cannot say I will not allow anyone to speak. Everyone has a right to speak over

here. It is a General Body. Mr. Pradeep please speak.

Mr. Pradeep Ajila:-

President Sir, A handful of people are holding us into ransom. You should continue.

Mr. Amarjit Singh Chadha:-

You just saw it again. How many said Yes and how many said No. What else do you

want?


Sir, my humble submission to the House is to please replay the vote that was taken

and then decide.


I request all my friends please let us continue with the meeting. Let us not disrupt

it. Don’t behave in an unruly manner. Mr. Rajesh please I request you to please be

seated.


10

Nobody can hold the mike to ransom. Mr. Rajesh please go back to your seat. You

cannot block the mike and say I will not go from here. It is very unconstitutional.


Mr. Kapadia be fair no one will come on the mike.


Rajesh people are viewing you over here. Your conduct is being viewed by the House.

Can we have some decorum here. This is absolutely not done. I am requesting all

members to please take their seat. This is absolutely not correct. Our next

generation is over here. They are watching us. Please think of that. We are setting a

very bad example here. Please don’t assemble over here.


Sir, you cannot pass any resolution without the counting of votes. You took a voice

vote you lost then you took a hand vote again you lost and gave the ruling in the

wrong direction.

Mr. Pradeep Ajila:-

Mr. Rajesh I think you are misleading the House. I think we should continue with

the meeting. Please don’t hold the House to ransom.


Can I request all members to take their seat? This is not done. I think we should

allow it only after people take their seats. We cannot have an assembly of people

over here. This is absolutely not done.

3. To receive and adopted the Annual Report and audited Statements of

Accounts for the year ended 31st March 2019.

Mrs. Madhavi Ashar:- Mem.No. A-103-L. Hon.Treasurer.

At the outset I once again thank all of you, the Managing committee, the Trustees

for giving me this opportunity for being the Treasurer of our esteemed Gymkhana.

As Satguru says you don’t have a duty towards anyone or anything. If you have love

and care you will do what is needed. I really love Khar Gymkhana which has

motivated to do my best for the institution. These two years have been a big learning

experience for me. During this tenure we came across many challenges which were

addressed keeping in mind the focus of presenting a true and fair state of Khar

Gymkhana accounts. All this would not have been possible without support from

all my team members, Mr.Arvind Yennemadi and Mr.Amit Majmudar, Mr.Neeraj

Shah from Manohar Choudhary & Associates, our entire accounts staff and IT

committee. I would like to take this opportunity also to thank my better half,

Mr.Nilesh Ashar and my family for being by my side and encouraging me and giving

me full support during this tenure for whatever time I had to spend here to do my

duty. Last but not the least, heartfelt thanks to all of you for all your support. I will

11

just give you an overview. Whatever I am reading out is there on the screen for you’ll

to read also.

It’s a pleasure to take you all through the accounts of F.Y. 2018-19.

Considering the mammoth task executed in previous year (2017-18) we could get

the statement of accounts prepared as per the schedule and also in a structured

format within the required time frame this time.

We need to sincerely thank our Accounts department, Internal Auditors and

Statutory Auditors for completion of this huge exercise of putting the entire

Gymkhana’s books of account in very much satisfactory way by rectifying most of

the residual irregularities noticed during the 2018-19 audit. We also made an

honest effort to present the accounts in the applicable financial framework

prescribed under the statute showing the true and fair picture of its profitability and

state of affairs.

The total income during this year has gone up to Rs. 1472.58 lakhs compared to

previous year’s income of Rs. 1386.13 lakhs showing a marginal increase in income

of Rs. 86.44 lakhs (i.e. around 6%) during the current financial year.

There is an overall Increase of Rs 137.54 lacs against various income heads like -

Fees & Subscription, Tournament Expenses, Coaching Fees, Reservation Charges

from General (Flea Market), Badminton & Swimming, Social Events organized in

Gymkhana etc. However, this increase in income is offset by decrease in income

amounting to Rs 51.10 lacs against other income heads like – Royalty from

Reservation of Banquet, Catering and Hospitality Partners.

On the expenditure side, the total expenditure this year has gone up to Rs. 1577.47

lakhs as compared to Rs. 1384.61 lakhs in previous year showing an increase of Rs.

192.86 lakhs in the current year.

There is an overall increase of Rs 295.20 lacs against various expenditure heads

like – Salaries, Legal & Professional Charges, Coaching Charges, Social events and

other. But that increase is offset by decrease of Rs 102.34 lacs against various

expenditure heads like – Electricity, Contract Manpower, Tournament Expenses,

Insurance and others.

Loss of income is mainly due to –

Shut down of 7th floor restaurant from April 2018 (Rs. 3.50 lacs p.m. for 12 months

– i.e. Rs 42 lacs approx.)

Banquet bookings gone down to Rs 10 lacs (approx) due to additional cost of Rs

50000/- payable to Dist. Collector for liquor license

Salaries (expenses) has gone up to Rs 81.08 lacs mainly due to shifting of 20

contract staff to payroll in September 2017 and an average increment of 6% to

existing staff.

12

We have tried to streamline the bank reconciliation of Union Bank of India for 2018-

19 and same is prepared with some open items relating to prior period which we

have not been able to close but this year’s reconciliation has been done. Here I would

like to mention a special thanks to Mr.Zoru Bathena for extending his help to resolve

the same. He kept his word given at the last AGM and helped us to do the needful.

The process of accounts reconciliation with all the hospitality partners at the year-

end has been initiated now and made a part of regular accounting system now.

The existing fixed deposits during the year have been renewed along with interest

received. Fixed deposits to the tune of Rs. 10.71 Crores are parked with HDFC Bank

at a higher rate of interest.

Payments to vendors / suppliers have been streamlined and now made with proper

tracking and bill to bill basis.

Have installed additional credit card machine at cash counter for member’s

convenience.

Some more things we managed to achieve are: -

We have made our best efforts to finalizing the accounts and present true and fair

picture, improvising the overall process, functions and operations with help of

existing team as compared to the previous year.

We have been consistently circulating the income and expenditure statement

(department wise and console) to respective department secretary and managing

committee in its monthly meeting held in Gymkhana during the year.

Petty cash system has been completely streamlined now for day to day cash

expenses with proper tracking and accountability which was missing earlier.

We have renovated the entire accounts office which was earlier in a very bad shape

and converted it in lively environment with better work place for existing staff.

Management of accounts have been outsourced to firm of professional Chartered

Accountants M/s. Manohar Chowdhry & Associates, ensuring complete

accountability and professional service. This has also helped our staff in getting

proper guidance in day to day accounting matters.

We have gone LIVE with the new IRCA software with effect from 1st April 2019,

which has ensured real time online facility for members to view their accounts and

make payments through the online portal.

I would now request Mr.Ameet Patel, Partner Manohar Choudhary & Associates to

come and present his inputs and the way forward for continuing this process of

streamlining our accounts.

Mr.Ameet Patel from M/s. Manohar Choudhary:-

13

The Gymkhana has outsourced the function of supervising the accounts and the

finance of Gymkhana to us. We got associated with the Gymkhana in February 2018

and our first job was to complete the accounts up to March 2018 the current year.

The 2017-2018 completion of accounts was a marathon effort. There were number

of issues but as you are all aware it took a long time to complete that and fortunately

2018-2019 has been a far smoother process. In the presentation made by the Hon.

Treasurer she referred to some steps taken. In particular the stream lining of the

petty cash, the approval and the authorization of the vouchers and the expenses of

the various departments etc. have gone a long way in ensuring that the maintenance

of books of accounts is far smoother, far more accurate and far more comfortable to

all of you as members. There are lot of issues which need to be taken care of still

and those are arising not out of a particular management or a particular side of the

Gymkhana but basically, they are arising primarily because of certain ways in which

the payments are being paid by members. The Managing committee has asked me

to speak on the way forward. How the accounts can be made better and more

reliable. You must understand there is a huge volume of transactions that occur in

the Gymkhana. In 2018-2019 there were 18000 transactions in the bank. Out of

which 14167 transactions are in respect of monies paid by all of you to the

Gymkhana.3870 transactions are with reference to payments. 14000 transactions

of receipts and around 4000 of payments. Out of these receipts 14000 1800

transactions are by NEFT. My sincere request to the Gymkhana Management and

to all of you is that the process of accepting money by the Gymkhana from members

needs to be streamlined. There has got to be a discipline maintained in terms of

accepting money from the members because that is becoming a huge problem. If

there are three family members who are members and you are making payment of

all three family members through one NEFT the Gymkhana has no way of finding

out who has made the transaction through NEFT. Therefore, there is a desperate

need for the members to speak to the payment gateway which is offered by the

Gymkhana for the purpose of making payments. If that happens, I am confident

that as your outsource agency the process of maintenance of books of accounts and

the time taken to have the AGM for the adoption of accounts will be far shorter and

far simpler. That is the main point I would like to make. So as far as the accounts

are concerned one of my team member Mr.Neeraj Shah is here full time and one

more person has been stationed here. Our responsibility is to ensure that the

accounting function is carried out smoothly, systematically and accurately and that

every expense paid by the Gymkhana is duly authorized and the due process laid

down by the Managing committee is followed. That is the function that we are

executing and if you have any complaints against anything as far as accounts are

concerned please forward it to Mr.Neeraj Shah.

Mr. Ashok Puri:-

I have made some observations on the accounts. I was called two days ago for a

reply. I met Mr. Shah and he gave me a ledger copy of the cash. I saw the main cash

book and the cash in hand was Rs. 3,36,602/- But it has been reduced to Rs,

1,51,017/- by an entry of write off which is not allowed in accounting history. You

14

don’t write off cash. The explanation given to me was that he has deposited Rs.

1,51,000/- on 1st so that is the cash in hand on 31st. Balance is bonus. Where it is

gone, nobody knows. The cash in hand last year to that extent we believed them

that Rs. 12 lacs they wrote off as cash in hand because they took up to the

Management and they did not know there was so much cash in the Gymkhana or

not but in the book, it was, so they wrote off. So, we accepted that and they passed

it. Now this year there is no reason for same type of error. I saw the full twelve

months cash book and I could not find anywhere Rs. 1,51,000/- where he wrote off.

That is totally wrong. That means there was no physical check on 31st March. No

auditor has checked it.

Mr.Shyam Shroff:-

Sir, you wrote a letter. We will reply to you.

Mr. Ashok Puri:-

Professional charges they have shown payments made to Mr.Purav Damania and

Shetty. I asked them for the ledger of payments made. The Balance Sheet does not

mention anything about legal cases pending against the Gymkhana. These are the

two advocates who were paid and there is no mention about it. The last thing page

no. 71 of the printed accounts It is an Income and Expenditure account.

Mr. Shyam Shroff:-

Mr. Puri can we reply to your letter?

Mr. Ashok Puri:-

First of all, tell me whether the printed accounts circulated to all the members are

correct.


Mr.Puri Sir, we will reply to you.

Mr. Ashok Puri:-

You should have done that before coming over here.


Mr.Puri we are replying now to you if you give us an opportunity and vacate the

mike we will reply right away.

Mr. Ameet Patel:-

I think as a member all of you should be concerned what the Auditors have qualified

in the Audit report. There are three to four issues that your Auditor MSKA has

15

pointed out is the matter of concern. The first point is writing off of certain amounts

based on the unreconciled bank accounts. That was the biggest issue which we

faced when we took over in February 2018. That matter is extremely complex and it

has taken several months to try and figure out what has happened and how to take

care of it. I am making a categorical statement. I request the Hon.Treasurer as well

as Mr.Neeraj Shah to confirm this. As of 31st March 2019, all the bank accounts

which the Gymkhana has have all been reconciled with the bank statements that

we get from the bank. Whatever were the differences, whatever were the un-

reconciled items where it was not possible to find out, what was going on those all

have been accounted for in the books and that is the reason you see the exceptional

items in the profit and loss account. The Auditors have observed that certain

advances to people, certain advances receivable from people, payable to vendors

etc., have not been reconciled. Now obtaining reconciliations is a two-way affair. If

a Gymkhana ask someone to please confirm the balance on 31st March and if that

person does not respond then Gymkhana cannot do anything. What we have

decided now that as on 30th September 2019 our firm will send out a form balance

confirmation to all the vendors of the Gymkhana and we will seek the confirmations.

I am referring to the observations of the Auditors which is a matter of concern and

that includes some of the points which you have raised. One request to the

Managing committee whoever is there to take up the issue of Corporate Members?

The Corporate members are not forthcoming and paying their dues to the

Gymkhana. I think some action needs to be taken on that. As far as the cash balance

of Rs. 12 lacs which you mentioned, first of all the physical verification of the cash

on 31st March 2018 was not possible for the Auditors because they were not

appointed at that time. I believe they were appointed in July 2018 and hence it was

not possible for a person who was appointed in July 2018 to verify the cash as on

31st March 2018. On 31st March 2019 the Auditors have verified the cash. The

balance shown in the Balance Sheet is what the Auditors have verified.

Mr.Vipin Kohli:-Mem.No. K-140-L

There are two points I am referring now. One is you ask the members to talk to one

of your assistants. Secondly Corporate membership they are taking it too much for

granted. We must be very strict with them and give them strict warning or terminate

their membership.

Mr.Brijgopal Roy, Mem.No. R-45-O

I think the point that Mr.Puri raised is not been answered. It is on page 65 of the

Annual Report you will find Rs. 1,85,000/- as a cash balance written off. I am an

Accountant. I cannot follow how can cash balance be written off. You are supposed

to be having that much in a cash box. People who are responsible to manage that

cash box or the cash account should be able to say where that money is gone. A

difference of Rs. 5/- in cash is not accepted. There is cash balance of Rs. 1,85,000/-

written off during the year 2018-2019. The Hon. Hon.Treasurer should be

complimented along with her team for a wonderful job but the report which you

16

presented and the report which is here is different because line 7 books of accounts

is very much satisfactory way of rectifying the residual irregularities noted during

2018-2019. The Treasurers Report which she read out most of it. So, all these

irregularities have not been rectified. Kindly refer to page 19 of the Annual Report

there is a very important sentence the statutory auditors have expressed their

inability to close the audit until the above matters are resolved. All the matters such

as Bank reconciliation, capital advances, members control receivable. I am

surprised that there is no comment on this particular point. The Statutory auditors

have expressed their inability to close the audit until the above matters are resolved.

That means the Audit is not completed.

Mr.Nitin Ghadiyar:-

Mr.Puri your question is being addressed. There has been no practice in the

Gymkhana for the last several years to reconcile cash balance with the reported

cash balance. I have personally gone through the accounts. For the first time in

March 2019 the physical balance has been reconciled. We want an answer from

you. You have been an auditor in the Gymkhana in the past. Mr.Puri no offence

meant against you. Let me address the accountant’s issue which is more Germane.

As a member, since the point has been raised, if there is a physical imbalance

between the books and the physical cash the right accounting practice is to write it

off. So, what the Accountant and Auditors have done is the correct accounting

practice.

Mr.Amit Damania, Mem.No. D-15-P

Last year there was a write back that means Rs. 90 lac was shown as income due

to bank reconciliation that was on 31st March 2018. We all presumed that this was

2017 mess which is being cleared in 2018. But this year there is another entry of

Rs. 85 lacs. Which year does that pertain to? The Auditor writes as Mr. Roy pointed

out because he is unable to complete the audit because of the following points. Bank

reconciliation is one of the points whereas Mr.Ameet Patel came and said that bank

reconciliation is done up to 31st March 2019. Why is the discrepancy what the

Auditor is saying and what Mr.Ameet Patel is saying. Thirdly between the two years

2018 and 2019 net of previous years income and expenditure charged I found that

there is a loss Rs. 2 crore 20 lakhs. Now our total fixed deposits are hardly about

Rs. 10-12 crores. At this rate we can finish all our deposits in 5-6 years So don’t

you think the members of the Managing committee should think how about

reducing the expenses. In this connection I saw that the Auditors were being paid

Rs. 3 lakhs 3 years back. This year it is Rs.9.5 lacs. Three years back Khar

Gymkhana had a turnover of Rs. 18 crores. Out of that Rs. 11 crores was purchase

in sale of liquor and the remaining Rs. 7 crores was Fixed deposits interest and

Members receivable. Against that we used to make equal amount of payments. Now

that Rs. 11 crores is gone away and audit fee is gone up from Rs. 3 lac to Rs. 9.5

lac. So, your turn over of Rs. 11 crores is reduced but the Audit fees is increased

from Rs. 3 lac to Rs. 9.5 lac. Even if today you are going to pass a resolution

17

appointing an auditor for Rs. 9.5 lac you need to keep the meeting adjourned on

that point come back to Rs. 3-4 lac audit which is getting beyond control.

Mr.Arvind Yennemadi:-

Last year I had mentioned that we had the opportunity to be associated with

compilation of the accounts and making the presentation of accounts in a better

manner which was quite in shambles. The Senior Accountant had left Khar

Gymkhana. I just observed that there are so many comments which are coming on

the accounts. I agree that for a when you read the accounts at a glance you will find

many accounting jargons in the report which may have different connotations. I will

start with the issue with which Mr. Ashok Puri has raised. About Rs. 12 lacs in the

last year, we had to write back or write off some of the large debit/credit balances

for which there were no proper supporting’s or records available. At that time the

process, as explained by Mr. Roy here, why the Treasurer had to report only part of

the entries were passed in the last year because this exercise took us almost two

years to complete. There were so many records which were forthcoming and part of

that was only being resolved, that was the reason some of them were still incomplete.

Like point raised by Mr. Amit Damania regarding cash balance being not verified as

on 31st March 2018 was because the Auditors were not appointed at that time.

However, they physically verified the cash balance and all the cash entries for the

entire year were verified by them including those entries relating to the bank so that

nothing goes wrong during 2018-2019. Mr.Zoru Bathena’s person had checked

every entry by entry in the bank statement for the year.. The amount of efforts

which have gone into it are so much that if one has to explain the genuinety of each

of the transactions now, it will be impossible to convince this audience unless they

are one way or the other associated with that process. I will always request people

like Mr. Puri who are very Senior Chartered Accountants, to get associated and try

to sort out the issues which are being raised now much earlier including write off of

cash balance. It was the difference between the physical balance and the cash book

balance which was carried forward from 31st March 2018 relating to the period even

prior to 31st March 2018. The difference of the balance came from the earlier period

and entries were still being found out at the end of 31st March 2019. We had to

pass the entry and rectify the cash balance as per the physical balance. That was

done with the permission of the Managing committee and this balance has been

written off in the accounts. If it was irregular, this fact would have been reported by

auditors. However, it has been clearly reported that this amount has been written

off because of the wrong cash book balance shown from the earlier period which

was not physically verified. What else is the accounting treatment Mr. Puri you

suggest? What should be done? The last point relating to Mr. Amit Damania which

he raised as to what is the write off of Rs 75 lacs. Last year it was an income of Rs

86 lacs and this year it is expenditure of Rs 75 lacs. Both items have been shown

as prior period adjustments on account of bank reconciliations. The major problem

Khar Gymkhana is facing in bank reconciliation is due to mismatches of credits

along with the receivables because individually it is very difficult for the accounting

staff to match the credits with specific member. If you see the difference last year it

18

was a credit of Rs. 86 lacs and this year it is a debit of Rs. 75 lacs. So technically

Rs. 11 lacs worth of credits were unidentified and that is the impact coming in these

accounts for Rs. 11 lacs. In common language it means we do not know to whom

these credits of Rs. 11 lacs belong. The whole amount was taken as income in the

previous year and expensed out in the current year since auditors were not ready

to accept it or to keep it as a suspense account.

Ms.Sushma Thakore:-Mem.No. T-105-L

I am just looking at the report on the Women’s Empowerment committee Annual

report 2018-19 and it is says over here in Bold My heart swells with pride to say

that our committee is self-sufficient and we have a credit balance to our account

however on page where the income and expenditure of all the departments are given.

You can go to page 74 and it is department wise income and expenditure account.

In that the women empowerment committee has an income of Rs. 41,94,302/-

against which there is an expenditure of Rs. 61,81,036/- which means there is an

excess of expenditure over income to the tune of Rs.19,86,734/- If that is the case

this report is not right because it says we have a credit balance to our account. So

please can someone clarify this.

Mrs.MadhaviAshar:-

Sushmaji pointed out that there is a difference but the thing is this is a consolidated

figure which is being given over there which includes Senior Citizens, other social

events everything put together has been shown. If you want to see only the Women

Empowerment committee break-up you will get it from the accounts department.

Mr.Shyam Shroff:-

I put these accounts before the House for approval and adoption.

Those in favour say yes and those not in favour say No.


The above resolution was proposed by Mr.Shyam Karmarkar and seconded by

Mr. Ramesh Sahijwani.

4. To elect a President and 12 Members on the Managing Committee.

Mr. Shyam Shroff:-

Deloitte has been appointed for conducting the elections. The election will be held

next Sunday and the code of conduct is already on the Notice Board. This is a

request to all the members. Please follow that code.

Mr. Yogesh Talwar:-

Sir, you have just said that Deloitte has been appointed for conducting the elections.

Rule 80 of the Constitution item no. ii) The Managing Committee shall appoint an

Agency out of the big four which are currently Price Water House Coopers, Ernst &

19

Young, Deloitte or KPMG to conduct the Elections on the Polling process for the

posts of the President and 12 members of the Managing Committee. This

appointment shall be made at least 3 months prior to the date of Election. Can

somebody tell me when was Deloitte appointed? Chairman Sir, can you tell me when

was Deloitte appointed. According to the Constitution they should have been

appointment three months prior. It is a Constitutional requirement.

Mr. Shyam Shroff:-

There was a delay of fifteen days. This was happening for the first time ever. You

should try and appreciate to contact all the Big Four Auditors it was taking time.

We were under negotiations with all of them. We managed to come to a conclusion

with Deloitte on the terms and conditions it took time. I humbly suggest that a delay

of fifteen days is not a kind of prejudice to you or any concern to you as long as we

are holding the elections on the due date.

Mr. Yogesh Talwar:-

I want to ask the House without casting aspersions on anybody least the Office

Bearers does it amounts to violation of Constitution or not.

Mr. Shyam Shroff:-

If you feel this is a violation of Constitution you move a resolution under rule 126.

Call a General Body meeting and move a resolution. Our concern here is to hold a

free and a fair elections. A delay of fifteen days without causing any discomfort to

anybody, if you want to make it a political issue or make it a constitutional issue do

it or if you feel this is wrong then the elections should not take place, we will cancel

the elections. The idea is whatever people may come and shout here but there

should be elections.

Mr. Yogesh Talwar:-

My friends have told me yesterday that some Karvy consultant or some Karvy

company were called and they are framing the rules and framing the code of conduct

for the election. They are framing the software. Apparently, my friends also asked a

question to Deloitte have you appointed Karvy. Deloitte said No. They said that they

have not appointed Karvy. Chairman Sir according to the Constitution only the Big

Four are allowed. From where has Karvy come and who has appointed Karvy and

under what rule of the Constitution.

Mr. Shyam Shroff:-

Karvy is a software company who supplies software to all the top companies of India

and all top clubs of India for election purpose only. You can’t doubt the authenticity

of Karvy. Your question who is Karvy? Everybody knows who is Karvy. Karvy is only

doing the election process of software all under the supervision of Deloitte. We are

following the Constitution. Rule 83 of the Constitution reads “The Agency appointed

for conducting the Elections and Polling shall conduct the same according to a Code

20

of Conduct decided by the agency”. Your question is who is Karvy? Karvy is a

software supplier. No big four auditors have their own software. They always take it

from outside. You cannot say that Managing committee has no powers to appoint

Karvy. I have said my version. Now you come and say your version.

Ms. Karishma Jumani:- Mem.No. J-341-O

We had a meeting with Deloitte yesterday. Since the past five days the Khar

Gymkhana Office Bearers have been calling for meetings of Code of conduct when

the agency once appointed has to take over in an independent fashion. Deloitte has

categorically said yesterday that they have no control over Karvy and they have not

appointed Karvy.

Mr. Shyam Shroff:-

Have they given you a letter saying that they have no control?

Ms. Karishma Jumani:-

We have submitted five six pager objections to the Code of Conduct and they have

not reverted to us. So, where does the code of conduct being finalized. A code of

conduct cannot come into place five days before the elections. It has to come into

existence one month prior.

Mr. Shyam Shroff:-

Where is it written one month prior?


Sir it is written Deloitte, you have appointed Karvy. Where does Karvy come from?

Mr. Shyam Shroff:-

Karvy came from the Managing committee resolution.


I walked out from the meeting. I was not present.

Mr. Shyam Shroff:-

If you were not present it does not mean that the meeting never happened. If you

were not present, I can’t help it. It was there. It was on the Notice Board. It is for the

knowledge of everybody.


The Managing committee can err.

Mr. Shyam Shroff:-

21

So why are you raising it now? You should have raised it at that time. Karvy is

appointed. Elections will take place.


We are challenging the appointment of Karvy. It is against the Constitution.

Mr. Minesh Babla:- Mem.No. B-167-L

Respected President and Chairman and my dear friends I am contesting and I was

part of the meeting with Deloitte yesterday. My question is to the Trustee sitting on

the dais prior to these years the Trustees used to conduct the elections. They used

to appoint the software companies. When Constitution said that Trustees will

conduct the elections. Now when we have appointed Deloitte a company which is

Big Four why do we want to go back and give the power to any managing committee

or any managing committee which comes next year or for another ten years. If it is

Big Four it is a Big Four. If we want to pay the charges to the Big Four and then do

the same business then why did we appoint them? Secondly when we asked them

Deloitte said that they are only concerned with input and output. They did the

testing once which is fair enough. Now my question to Deloitte was are they

responsible with the result and they said no. This is very clear. I am not saying what

is to be done. There is a grey area in the Constitution which is fair. We all

understand that. Let us not fight here. We want an election to be conducted but I

don’t want the current managing committee or any managing committee to decide

when we have an independent Big Four. We are paying them. We are not taking

their services to the extent that we should. I am not saying it is a bad decision. It is

a good decision. We are at least moving from handling it ourselves and giving it to

the Big Four. Let us have a total free and fair election. Why does a contesting

candidate or a particular section of us should feel? You release an SMS at 8.20 pm

in the night stating that I as a candidate have to give any suggestions or objections

before 12.00 in the morning. Supposedly I am on a flight from London to Bombay I

cannot even give my objections. So, the point is that you don’t want a person to be

heard out. That is the feeling I received as a candidate. If you are appointing people

you conduct it fair. Winning or losing is another issue but if you are not going to

give a chance for people to speak then that it by self is unfair. I say that we should

adopt that 15 days delay in the Constitution as a House. Let’s differ to agree. It is

only a delay. They have appointed a beautiful company. I am saying make them

responsible and not any management. Why do we want to take the onus on our

shoulder? The person from Deloitte who was chairing the meeting is raising his

hands from responsibility. That is the part which I am not happy about. Not that

Bunty Chadha or Gaurav Kapadia has done something. Mr. Gaurav and Bunty were

part of that meeting.


He said that we will test the software and we have tested that is free and fair. I think

that is good enough.

22

Mr. Minesh Babla:-

I am in favour of free and fair elections. I am not saying any person is doing anything

over here. I am saying hold Deloitte responsible. Because of our in fighting we are

giving them an opportunity to take the money and not give us the services.


Deloitte also said that we never ever appoint a software company. The client directly

appoints. It is on record he said that. Somebody asked Deloitte whether they appoint

a software company. He categorically said No. It is on record. It has been recorded.

We can check the recording also. I am 100% sure.

Mr. Shyam Shroff:-

Last week I personally called Mr. Amar Bachani and Mr. Polly Devnani. Since you

both are contesting for the post of the president, why don’t you come this evening

with three of your representatives? I told them we have Deloitte on Board. They are

coming for the meeting. We have Karvy also coming for the meeting. Talk to them;

give them your suggestions/objections whatever you have. It is a draft Code of

conduct they have circulated provisional subject to approval and other changes.

Unfortunately, Mr. Amar Bachani could not come because of some commitment.

Mr. Rajesh came, Mr. Vijay Gwalani came, Ms. Sarita Jethwani came and Mr. Tolu

Devnani came and then he left early. There were 3-4 guys from Polly’s side. We had

a detailed discussion, so many questions were asked to Deloitte, and so many

questions were asked to Karvy. Our idea is as per the Constitution Code of conduct

is to be prepared and made by Deloitte. The Managing Committee is not concerned

and/or involved in preparing the code of conduct. My first point to Deloitte and

Karvy was that I am the President here only for the time being. I am just felicitating

this meeting between you and some of the contesting members. I have nothing to

add or nothing to say. During the election process and even on the counting day No

President or No Office Bearer would be anywhere near the polling area. This is your

baby. You do the elections. I am not concerned because it has to be free and fair

elections. I did not say I am the President; I have to be inside the polling area. After

this some people from one party or the other party said that we want more people

to come. The point is ultimately it has to be decided by Deloitte and nobody else. It

is for us whether to accept the code of conduct or not. Let the General Body decide.

Mr. Minesh Babla:-

The Code of conduct is beautiful. There is nothing wrong with it. We all need to be

disciplined. I accept the code of conduct as they say timing is the problem. The Code

of conduct was brought in a manner which does not seem democratic. A code of

conduct could have been decided if the constitution said three months before

Deloitte is appointed you frame the code of conduct within 15-20 days or 1 month.

Publish it a month before. You are sending the code of conduct at 8.00 p.m. in the

night and you are saying 12’oclock tomorrow, you are not even giving 4 working

hours to all the members to read it or comment. It is not wrong or right. We all have

23

limitations. We read this code of conduct. Let the House decide whether they want

to apply it for this election or from which date what is fair or not I am nobody to

decide. I would say we should have a code of conduct and it should be planned

much in advance with a date saying that it will be applied for every election before

8 days or 6 days. You cannot plan, decide and execute in eight hours. That is unfair.

It is a beautiful code of conduct. If we don’t apply it this year also then have a code

of conduct. We can apply it next year. What is the hurry in that? Even without the

code of conduct the Trustees have managed beautiful elections. We have never had

a problem. Let us compliment that. We have given it to Deloitte. There will always

be cases. Even if Deloitte operates it there will be cases. I am saying don’t apply it

five days before. You approve the code of conduct in whatever manner whether this

managing committee wants to handle it or the next. You say every election a code

of conduct will apply 8 days prior. Whoever is contesting or going to fill the form

clearly understands it much in advance.

Mr. Shyam Shroff:-

You must appreciate the point that this is happening for the first time in Khar

Gymkhana. It takes time to come to a conclusion.


I was also there in this meeting yesterday. I am also one of the contesting candidates

and I had also one more meeting with the Deloitte people some time back. As far as

this process is concerned lot of energy and time was put along with the Delloite

people to get the code of conduct. What I feel from my side is that Deloitte is not

ready to take the responsibility. They are saying they are just a recommending

personality or body and we are recommending this to the General Body. Whatever

their recommendations are they had a meeting along with the Office Bearers along

with their partner Mr. Jeetu or so. I suggested why don’t you call all the candidates

and this meeting took place around 7.30 p.m. in the Presidential Hall. We asked

them to call all the candidates. Last time Mr. Rajesh said why is Mr. President calling

so I told Deloitte why you don’t call. They replied that certain candidates/members

had written directly to their email and they were also concerned. They have received

some complaints or ideas from the members. I said fair enough. So, all the 24

members along with the two Presidential candidates were invited. Now today we say

that Delloite is appointed and he said that he is recommending to the House.

Ultimately, I say it is the House to decide what is to be done. They have made their

picture very clear. They have given a letter to the President today morning.


I agree with what Mr. Bunty has said that the AGM has to take a call. Our only

apprehension which we put to them was they were not willing to take responsibility

for the results. They were saying how we can be responsible for the software that is

going to be used or the machine that is going to be used. Our suggestion was if

Deloitte is apprehensive there will not be a true and fair election so let us have

manual voting. What is the problem? Let the House decide if the voting is manual

24

what is the issue and the counting will be done by Delloite and not by the Gymkhana

staff. Since Deloitte is only not taking responsibility why not have manual voting.

They themselves as a top Four are doubting the integrity of the software and the

machine of Karvy and are clearly telling us as Bunty informed the House that they

are not in sync with that, they are not willing to take responsibility for that so why

not go in for manual voting. What is the harm in that and Deloitte will do the

counting? I would like to put up this resolution in front of the House, I propose it

for manual voting, somebody please second. Sir please put it to vote.

Mr. Shyam Shroff:-

You are telling me to do something which I am not supposed to do at this stage.


You just passed a resolution earlier. You were not supposed to do that also. I want

to conclude it by proposing a resolution to do manual voting since the agency

conducting this election is not confident of the software of Karvy.

Mr. Shyam Shroff:-

You are making a totally wrong statement. I can’t even accept or consider this.


Sir, Bunty himself has said that Deloitte is not ready to take responsibility for the

software.


As far as Deloitte is concerned they have said yesterday that they are a

recommending body and they are going to give their recommendation to the

President and the President is going to bring it to the House. This is what they have

said. I am talking about the code of conduct.

Mr. Madhukant Acharya:-

Deloitte cannot get out of its responsibility for the results. Because once you give a

contract to somebody to conduct the results who are the sub agents or who they are

inviting for the software is immaterial. Deloitte has to give an undertaking that they

are responsible for the results otherwise it is no results at all.

Mr. Nitin Ghadiar:-

In this instance I actually agree with Mr. Babla that Deloitte has to take

accountability. It has been appointed to actually oversee the free and fair elections

in the Gymkhana. That is what we are paying them for. Now probably the concern

is if there is legal liability or if somebody takes them to court would they be liable

then to answer. There must be some way in which we can protect their interest in

that case. However, Buntiji I think we need to talk to Deloitte or whoever is dealing

with Delloite has to get accountability and Mr. Rajesh I am agreeing with you that

25

they have to be accountable for the end results. Having said that Karvy is an

incidental appointment so Mrs. Pinto and her staff, the Trustees, the Management,

software company all help in the conducting of the election. We have no concern

about the appointment of Karvy which is a fairly competent agency. Should Deloitte

wish to review the decision that is their prerogative. If they wish to review that is

their prerogative. If they want to use Karvy they can continue using Karvy but they

will be accountable for the free and fair elections and we will protect them against

liability if any. That is the way out.

Mr. Shiv Malhotra:-

As the Chairman has explained that Deloitte does not have the software to carry out

the process of polling. Therefore, the appointment of Karvy is just incidental to the

election process. The first point is we cannot cast aspersions on one of the Big Four

which is Delloite. Karvy also being the number one agency in the country is

conducting the Polling. Now coming back to the meetings, the various candidates

have had with Deloitte that was completely unnecessary. I don’t know what is the

reason even for calling such meetings because the Constitution is very, very clear

and I will just read out Rule 83(ii) The Agency appointed for conducting the Elections

and the polling shall conduct the same according to a Code of Conduct decided by

the agency and the same shall be put up on the Notice Board and the website along

with the final list of the contesting candidates. The voting shall be telecast by CCTV

outside at a suitable place with count of number of votes cast so far. That means

you are actually getting live number of votes. If you read this, we don’t need to go

beyond the Constitution and I don’t understand why there is a big cry that we had

a meeting and we asked them this and that. They are not supposed to even consider

your suggestions or requests. When we appoint somebody at that level and along

with a person like Karvy which is conducting elections in the biggest institution of

the country there is no point going beyond that. I don’t understand what really you

want. You have the Big Four. Where is the question of even giving any suggestions?

Your Constitution does not allow you. There was no need for these meetings with

the candidates. Because the Code of Conduct applies equally to both parties all

candidates.

Mr. Dharam Jumani, Mem.No. J-324-O

I have one very pointed question for you Chairman Sir. For you only Sir, because I

believe you were the one coordinating with Deloitte on the code of conduct. My

question is only this, is this code of conduct recommendatory in nature. If not, who

is going to enforce this code of conduct?

Mr. Shyam Shroff:-

To be very honest with you it is not that I have put up this code of conduct.

Mr. Dharam Jumani:-

26

I am not even suggesting that you have done it. I am saying Deloitte has made the

code of conduct. Is it recommendatory or is it mandatory? If it is mandatory who is

going to decide any breach of this code of conduct and enforce it.

Mr. Shyam Shroff:-

I understood your question. Deloitte has recommended. Whether you want to follow

or don’t follow, it is your choice. Let the members say that we don’t want any code

of conduct here. Let it go the way it has been happening. Fair enough. Whatever

powers Managing committee has under the Constitution the Managing committee

will be responsible for that. They are not saying that you have to follow this. We are

supposed to have a code of conduct. It is up to the House to decide whether they

want a code of conduct or not.

Mr. Dharam Jumani:-

So, Sir you are saying that this is not mandatory. Deloitte is not going to sit in

judgement over this and decide whether there is a code of conduct or not.

Mr. Shyam Shroff:-

Deloitte will not sit on the judgement. On the contrary what Deloitte suggested in

the first meeting why don’t you take three members, non-contesting members from

Khar Gymkhana to have some kind of observers. As I said earlier this is happening

for the first time, you have appreciated unless you don’t want this whole system.

You want to go back to the Trustees, do it next year onwards.

Mr. Minesh Babla:-

I am just saying don’t apply this code of conduct on the 11th hour. We conduct the

elections. Whether you want to do it manually or by Karvy let the House decide. The

recommended code of conduct should be applied once the elections are over for all

future elections. Where is the problem in that? At the 11th hour if you try to form a

three-member committee then who has violated the code of conduct we will have

only more cases as Mr. Nitin Gadekar said. So, let us not try to enforce something

which people are feeling is unfair. You do it once the elections are over.


As far as code of conduct is there as I have said it has been recommended by

Deloitte. Now it is for the House to decide. As far as Deloitte is concerned they are

not taking responsibility for the code of conduct because they say that they are a

recommendatory party.

Mr. Minesh Babla:-

They are not even taken responsibility for any action.


27

As far as the code of conduct is concerned, I again repeat that they have

recommended to this House, to the General Body. Now General Body has to take a

call. I feel that the code of conduct is good but in what shape it has to be taken that

you have to decide. As far as observers are concerned in the code of conduct, they

had made a recommendation but the final thing has to come from this House.

Mr. Ashok Mohanani:- Mem.No. M-42-P

Friends, Rule 83(ii) of the Constitution is very clear. The agency appointed for

conducting the Elections and the polling shall conduct the same according to a Code

of Conduct decided by the agency, (not recommended) and the same shall be put up

on the Notice Board and the website along with the final list of the contesting

candidates. The voting shall be telecast by CCTV outside at a suitable place with

count of number of votes cast so far. I don’t think there is any discussion here.

Whether the code of conduct should be adopted or it should be differed to next year.

Let us go ahead with the Code of Conduct which has been already put up or from

now onwards. There can be no elections which are not as per the Constitution. Rule

83(ii) is very clear that there has to be a code of conduct, it cannot be a code of

conduct which was adopted last year or this code of conduct to be differed next year.

It has to be formed today itself. Therefore, I am telling the House that this resolution

should be passed and the Constitution be adhered to. As far as Karvy is concerned

it was made very clear that Delloite does not have the infrastructure, software to

conduct such and therefore it was the Managing committee who took a call in a

similar way the Trustees took a call to appoint Raman, Managing committee took a

call to appoint Karvy after considering various issues. Therefore, I think it is not

only Karvy but it is also written this will be telecast live. It has never happened in

the history of Gymkhana that elections are actually shown live. We don’t want to

speak much about the previous elections how they were conducted but this is going

to be the most ever fair elections held by Gymkhana.

Mr. Ajay Babla, Mem.No. B-166-L

I agree with what Mr. Shiv and Ashokji said. Rule 83(ii) It is clear but when Rule

83(ii) says The Agency appointed, we have to be very clear which agency. The agency

what we have appointed is Deloitte. I suggest that rather than we appointing Karvy

let Delloite appoint Karvy and not us because we cannot appoint. We are violating

our own Constitution. We agree with Karvy. We are not saying no. But we don’t give

a letter of appointment to Karvy. We pay for it to Deloitte. But Deloitte gives a letter

of appointment. As Mr. Ghadiyar said Deloitte becomes responsible for the whole

thing because what is the problem of Deloitte appointing Karvy.


Deloitte refused. We have no issues.

Mr. Ajay Babla:-

Then go to somebody else.

28


Is there enough time?

Mr. Ajay Babla:-

We cannot accept that Deloitte is not accepting it. The Constitution does not allow

Khar Gymkhana to appoint a Polling Agency. Let Deloitte appoint.

Mr. Shyam Shroff:-

Where does it say we cannot appoint?

Mr. Ajay Babla:-

We can appoint only Big Four. We appoint Big Four. Let them sub contract Karvy.

Mr. Shyam Shroff:-

You said Constitution. Where does it say that Karvy cannot be appointed? Managing

committee has appointed Karvy.

Mr. Ajay Babla:-

Constitution says we appoint a Big Four. There cannot be two people conducting a

Poll.

Mr. Shyam Shroff:-

Polling will be conducted by Delloite. Karvy is only providing the software.

Mr. Vikas Kerkar:- Mem.No. K-809-O

After discussions with all the Big Four companies none of them had any software of

their own. According to their policy they are not supposed to do any subcontract

with software vendors. That is why it was required for Khar Gymkhana to appoint

Karvy. Karvy with their reputation doing lot of polling and elections across

Corporates their credentials are well prone. The question was to put to Delloite how

do they ensure that the results are authentic. They have visited along with Karvy

one of the live elections that happened at Royal Western Turf Club. They have

witnessed for themselves and reported the feedback to Khar Gymkhana. Along with

that they have independently done testing of the software in Karvy’s office and found

that the results are adequate. Based on the recommendation of Delloite the entire

network in Khar Gymkhana will be local. It will be cut out from any outside internet

or stuff like that so there is no question of any wrong doing happening there. I think

if these safeguards Delloite have taken along with Karvy I don’t think there should

be any doubt in anyone’s mind that there will be a fair election. This is my opinion.

In the previous meeting which was with a smaller group Karvy was present. This

point was discussed and even previously they have clarified that it will be a closed

network of few computers, nobody can hack anything. Also, on top of that any voter

coming in will be issued a unique OTP number. With that OTP he can go and vote.

29

So where is the doubt then? I am just giving my opinion how I think this will be fair

along with Karvy.

Ms. Sarita Jethwani, Mem.No. J-109-L

I just want to ask the Management how much we are paying Delloite for this

exercise.

Mr. Shyam Shroff:-

I think Delloite along with Karvy comes to about Rs. 13 lacs.

Mrs. Sarita Jethwani:-

Do you have the break up?

Mr. Shyam Shroff:-

Deloitte started with Rs. 11 lacs but they came down to Rs. 9 lacs.

Ms. Sarita Jethwani:-

So, we are spending around Rs. 4 lacs for the software. Deloitte is not even taking

responsibility for the software. They were very clear that they are not appointing it.

We will check it once. So why don’t we just go back to the old school and go back to

manual voting. Why are we going through software which Deloitte after paying Rs.

9 lacs they are not taking responsibility for it. They don’t have a code of conduct in

place. We are six days away from elections.

Mr. Vipin Kohli:-

This suggestion of going back to the old system does it amount to amendment of

Constitution. I am asking the Chairman.

Mr. Shyam Shroff:-

There is no question at this moment to go back to the previous system because we

are following the Constitution. If you want to change that then amend the

Constitution.

Mr. Robert Lawrence:-

I have only a short point to everybody here in technology should go back.

Technology should only move forward not backward.

Ms. Sarita Jethwani:-

If Deloitte was taking responsibility for the software then we need to go back.

Deloitte also agreed to take it by manual. He said if the House agrees we will have

manual and they will be responsible for it. Even for the Code of conduct they were

very clear that it is recommendatory and they want the House to approve it. They

are not saying we are making it and they are going to put it on the Notice Board.

30

They are not taking responsibility for that also so what is the point in having

Deloitte. All the suggestions for what we have given even for those we did not get the

feedback. For. e.g. Now they are saying that every member has to come with a

government ID along with Khar Gymkhana Identity card. Why? They are saying no

temporary cards will be issued. Every year we have been issued temporary cards till

the last date. Why that should also not be allowed?

Mrs. Madhavi Ashar, Mem.No. A-103-L

I am not a contesting member for this election. I just feel Khar Gymkhana as an

institution has to move forward, not go back to the old system. Karvy and Deloitte

both are reputed firms, if anybody has any doubt about Karvy and Deloitte it is so

stupid. There have to be true and fair elections with recorded camera and

everything. What is the problem? Why do we need to back to the old system with so

many issues since so many years?


The Constitution is very clear in Rule 86a in the event the polling is conducted

through Electronic voting Machines, the Rules 84, 85& 86 shall stand suspended.

It is very clear that there is no provision in the Constitution that it has to be through

E-Voting, we are not against E-Voting, we are not against going backwards, the

appointment of Karvy contravenes the Constitution either let Deloitte take

responsibility. Deloitte was very clear yesterday that they are not going to be

accountable in anyway. Let them appoint an agency. They agreed to do manual

voting.

Mr. Vijay Gwalani:- Mem.No. G-

Last year also there was lot of commotion when we released the Trustees out of the

stress of electing the new governance. I was the last person who spoke for the Big

Four. The Big Four are liable to take responsibility given the fact that Rs. 13 lacs

have been given to them. Also, given the fact that Constitution says that Deloitte

has been appointed, we respect that. Timelines have not been followed the House

respects that too. Give the benefit of doubt to the Managing committee members.

However, the timelines have been breached. We are short on time. If Deloitte does

not take responsibility for Karvy and Deloitte is willing to take responsibility of the

manual voting in this bargain the Gymkhana saves Rs. 4 lacs. What is the problem

due to time line limit which we are giving benefit of doubt to the system? It is not

going back and forth with technology. It is about how we adapt the right thing to

move forward.

Mr. Shyam Karmarkar:-

President Sir, the Constitution is very clear as per as elections are concerned Rule

80 to Rule 97 clearly defines what is the Elections and on 27-31 page this is there.

There is no necessity of any discussion in any AGM. You are the ruling managing

committee. It is obligatory on your part to conduct the elections whether through

Deloitte, through Karvy or otherwise you have full authority. You are in power. Sir

31

you have followed all the Rules in the Constitution. You go ahead with Deloitte, with

E-Voting; we are all with you Sir.

The President Mr. Shyam Shroff concluded that the elections will be held as per

the Constitution with Deloitte and Karvy.

5. To elect a Trustee on the Managing Committee if not nominated by the Trustees

under Rule 40A.

Mr. Manu Dadlani has been nominated by the trustees as a nominated Trustee on the

Managing Committee for the years 2019-2021.

6(a) To appoint an Auditors 2019-20 and to fix their remuneration.

Mrs. Madhavi Ashar:-

We had appointed MSKA & Associates, Chartered Accountants, for doing the

Statutory Audit. In the first year MSKA conducted the Statutory Audit wherein the

number of man hours they had expected for them to conduct the Audit skyrocketed

y because of the work that entailed. The cost overrun was very high. So, they have

requested to compensate that as per their contract because the cost overrun, the

time limit which they had considered as you all know it had gone much beyond that.

Lot of efforts were put so they suggested a cost overrun of Rs. 2.50 lac which I propose

that we give them. For the current year they want Rs. 7 lac and for the coming year

Rs. 8 lac.

(b) To consider the increase in Auditor’s remuneration (i.e. MSKA & Associates)

for the year 2017-18 from Rs. 5 lacs to Rs. 7.5 lacs on account of cost

overrun.


I propose a resolution that “Resolved that an amount of Rs. 2.50 lac being the

additional audit fee on account of cost overrun for the year 31st March 2018 and

Rs. 2 lac for being the audit fee ended for the year 31st March 2019 be payable

to M/s. MSKA & Associates, Chartered Accountants be and hereby is approved”.

The above resolution was proposed by Mr.Vipin Kohli and seconded by Dr.

Khambay.

(c) To discuss and consider the revision in Auditor’s remuneration (i.e. MSKA

& Associates) for the year 2018-19 from Rs. 5 lacs to Rs. 7 lacs.


I further propose that ‘Resolved that the appointment of M/s. MSKA & Associates,

Chartered Accountants as Statutory Auditors of Khar Gymkhana for the year

ended 2019-2020 @ remuneration of Rs. 8 lac hereby approve”

The above resolution was proposed by Mr. Amit Majmudar and seconded by Mr.

Arvind Yennemadi.

32

The President Mr.Shyam Shroff put the above resolution to vote.


7. To consider any resolutions of the Managing Committee.

Existing Proposed

1 Rule 98 (iii)

The Members eligible to vote and attend the AGM shall be all those Members who have paid the annual subscription for the respective Departments and who have paid in full all other Gymkhana dues up to the end of May, by 30th June in that year and

who continue to be annual members of the Department at the date of the meeting.

The Members eligible to vote and attend the AGM shall be all those Members who have paid the annual subscription for the respective Departments and who have paid in full all other Gymkhana dues up to the end of March, by 30th June in that year and

who continue to be annual members of the Department at the date of the meeting.

Mr. Shyam Shroff :-

The above resolution was passed unanimously.

The above resolution was proposed by Mr. Madhukant Acharya and seconded by Mr.

Vipin Kohli.

Existing Proposed

1 Rule 99 Rule 99

Departmental elections shall be held between the 15th of April and 31st

May every year and shall be managed

by the respective Sub-Committees.

Departmental elections shall be held

between the 1st August and 31st

August every year and shall be managed by the respective Sub-

Committees.

Mr. Shyam Shroff :-


The above resolution was proposed by Mr. Madhukant Acharya and seconded by Mr.

Vipin Kohli.

3. To approve the Sports Payout Grid

SPORTS PAYOUTS : OPEN CATEGORY (For All Sports Disciplines)

33

(Badminton, Tennis, Table Tennis, Cricket, Billiards-Snooker, Squash, Pickle Ball, Swimming, Gymnasium)

PLAYER NAME:

DEPARTMENT

A) INTERNATIONAL PARTICIPATION:

(OLYMPICS, CWG, ASIAN GAMES, WORLD CHAMPIONSHIP, ASIAN CHAMPIONSHIP, (For Tennis- Davis Cup/Thomas Cup/Uber

Cup/Fed Cup)

QUALIFY / NOT QUALIFY EVENT PAYOUTS TOTAL

PARTICIPATION 65,000

Eligibility - (a) Players selected by the National Federation to represent India in any of the above-mentioned events only.

Eligibility - (b) Payout shall be for ANY 1 EVENT only during the Financial Year.

B) INTERNATIONAL EVENT: B) INTERNATIONAL EVENT:

(OLYMPICS, CWG, ASIAN GAMES, WORLD CHAMPIONSHIP, ASIAN CHAMPIONSHIP, ITF/ATP/BWF/PSA/WSF/WSA/

OTHER INTERNATIONAL FEDERATION EVENTS)


WINNER 75,000

RUNNER UP 50,000

SEMIFINALIST 35,000

For Doubles: Payout Multiply By 1.5 & Divide By 2For Doubles: Payout Multiply By 1.5 & Divide By 2

For Team Events: Payout(1) Multiply By 2 & Divide By 3/4 Team Members. For Team Events : Payout(1) Multiply By 2 & Divide

By 3/4 Team Members.

(2) Multiply By 3 & Divide By 5/6 Team Members.

NOTES:-(A) Upto 4 individual events or upto 4 individual categories in a single event (Singles,Doubles,Mixed Doubles,Team

Event)NOTES:-(A) Upto 4 individual events or upto 4 individual categories in a single event (Singles,Doubles,Mixed

Doubles,Team Event)

shall be considered payouts in the following manner:

If Multiple medals in same event (Different categories) or upto 4 medals in individual events then :-

1st Medal = 100% , 2nd Medal= 75%, 3rd Medal = 50%,4th Medal= 25%. (For Winner, Runner up, Semi-finalist On

34

(B) Payouts shall be restricted to the maximum of 4 either by way of individual events or individual categories in a (B) Payouts

shall be restricted to the maximum of 4 either by way of individual events or individual categories in a

single event. Even if the individual events are combined with the individual categories the maximum limit for payout

shall be only 4.

(C) For Swimming medals in upto 4 categories in a single event may be considered for payouts as prescribed above. However,

even if categories are combined with different events the payout shall still be restricted to a maximum of 4.

C) NATIONAL CHAMPIONSHIP:


WINNER 40,000

RUNNER UP 25,000

SEMIFINALIST 15,000


For Team Events: Payout (1) Multiply By 2 & Divide By 3/4 Team Members. For Team Events: Payout(1) Multiply By 2 & Divide



NOTES: - (A) Upto 4 individual categories in the National Championship event (Singles, Doubles, Mixed Doubles, Team Event)



If Multiple medals in same event (Swimming) or upto 4 medals in individual events (Different categories) then: -

1st Medal = 100%, 2nd Medal= 75%, 3rd Medal = 50%,4th Medal= 25%. (For Winner, Runner up, Semi-finalist Only)(B) Payouts

shall be restricted to the maximum of 4 either by way of individual events or individual categories in a single event. (B) Payouts

shall be restricted to the maximum of 4 either by way of individual events or individual categories in a single event.

Even if the individual events are combined with the individual categories the maximum limit for payout shall be only 4.

(C) For Swimming medals in upto 4 categories in a single event may be considered for payouts as prescribed above. However, (C)

For Swimming medals in upto 4 categories in a single event may be considered for payouts as prescribed above. However,


(D) Any "National Level Tournament" shall not be interpreted to be the National Championship under any circumstances.

35

D) STATE CHAMPIONSHIP:


WINNER 20,000

RUNNER UP 15,000

SEMIFINALIST 10,000


For Team Events: Payout(1) Multiply By 2 & Divide By 3/4 Team Memb.For Team Events : Payout(1) Multiply By 2 & Divide By

3/4 Team Memb.



NOTES :- (A) Upto 4 individual categories in the National Championship event (Singles, Doubles, Mixed Doubles, Team Event)



1st Medal = 100% , 2nd Medal= 75%, 3rd Medal = 50%,4th Medal= 25%. (For Winner, Runner up, Semi-finalist Only)

(B) Payouts shall be restricted to the maximum of 4 either by way of individual events or individual categories in a single event.



(C) For Swimming - medals in upto 4 categories in a single event may be considered for payouts as prescribed above.

However,(C) For Swimming - medals in upto 4 categories in a single event may be considered for payouts as prescribed above.

However,


(D) Any "State Level Tournament" shall not be interpreted to be the State Championship under any circumstances.

(E) Since certain sports disciplines do not conduct a State Championship the following parameters are to be followed for them:

i) Tennis- AITA Championship Series (Any one to be considered for payouts in a particular category.)

36

ii) Squash - Any SRFI Championship 4 star and above only. (Any one to be considered for payouts in a particular category.)

iii) Pickle Ball - Any All India Open event. (Any one to be considered for payouts in a particular category.)

iv) Badminton - State Championship or any Two of the State Selection Tournaments. (Any one out of three to be considered

for payout in a particular category.)

GENERAL NOTES:

Achievers entitled to this pay-out scheme shall be Patron, Life, Ordinary and Corporate members only.

Playing / Service / Any other category members shall not be entitled under this scheme.

Players shall display the KG logo on their sports wear while participating in their respective events.

For entitlement of Sports Payouts, representation of KG at Interclub tournament is mandatory as and when required.

Payouts for the above will require proof of participation / performance.

Department Secretary recommendation is not required for payouts.

Eligibility for payout shall be strictly as per this Grid without any exception whatsoever.

SPORTS PAYOUTS : JUNIOR/ SUB JUNIOR CATEGORY (For All Sports Disciplines)

(Badminton, Tennis, Table Tennis, Cricket, Billiards-Snooker, Squash, Pickle Ball, Swimming, Gymnasium)

PLAYER NAME:

DEPARTMENT

A) JUNIOR INTERNATIONAL PARTICIPATION:

(OLYMPICS, CWG, ASIAN GAMES, WORLD CHAMPIONSHIP, Jr. WC, ASIAN CHAMPIONSHIP, Jr.AC. (For Tennis- Davis Cup/Thomas

Cup/Uber Cup/Fed Cup)

37


PARTICIPATION - For Open Category 65,000

PARTICIPATION - For Sub Jr. / Jr. Category 45,000

Eligibility - (a) Players selected by the National Federation to represent India in any of the above-mentioned events only.

Eligibility - (b) Payout shall be for ANY 1 EVENT only during the Financial Year.

B) JUNIOR INTERNATIONAL EVENT: B) JUNIOR INTERNATIONAL EVENT:

(OLYMPICS, CWG, ASIAN GAMES, WORLD CHAMPIONSHIP, Jr. WC, ASIAN CHAMPIONSHIP, Jr. AC. ITF/ATP/BWF/PSA/WSF/WSA/

OTHER INTERNATIONAL FEDERATION EVENTS)


WINNER 52,500

RUNNER UP 35,000

SEMIFINALIST 25,000


For Team Events: Payout(1) Multiply By 2 & Divide By 3/4 Team Members. For Team Events: Payout(1) Multiply By 2 & Divide By

3/4 Team Members.


NOTES:-(A) Upto 4 individual events or upto 4 individual categories in a single event (Singles, Doubles, Mixed Doubles, Team

Event)NOTES:-(A) Upto 4 individual events or upto 4 individual categories in a single event (Singles,Doubles,Mixed Doubles,

Team Event)


If Multiple medals in same event (Different categories) or upto 4 medals in individual events then :-

1st Medal = 100% , 2nd Medal= 75%, 3rd Medal = 50%,4th Medal= 25%. (For Winner, Runner up, Semi-finalist Only)

(B) Payouts shall be restricted to the maximum of 4 either by way of individual events or individual categories in a (B) Payouts

shall be restricted to the maximum of 4 either by way of individual events or individual categories in a

38

single event. Even if the individual events are combined with the individual categories the maximum limit for payout

shall be only 4.

(C) For Swimming medals in upto 4 categories in a single event may be considered for payouts as prescribed above. However,


C) JUNIOR NATIONAL CHAMPIONSHIP:


WINNER 25,000

RUNNER UP 15,000

SEMIFINALIST 10,000

For Doubles : Payout Multiply By 1.5 & Divide By 2For Doubles : Payout Multiply By 1.5 & Divide By 2

For Team Events : Payout(1) Multiply By 2 & Divide By 3/4 Team Members. For Team Events: Payout(1) Multiply By 2 & Divide



NOTES:- (A) Upto 4 individual categories in the National Championship event (Singles, Doubles, Mixed Doubles, Team

Event)NOTES :- (A) Upto 4 individual categories in the National Championship event (Singles, Doubles, Mixed Doubles, Team

Event)



1st Medal = 100%, 2nd Medal= 75%, 3rd Medal = 50%,4th Medal= 25%. (For Winner, Runner up, Semifinalist Only)




(C) For Swimming medals in upto 4 categories in a single event may be considered for payouts as prescribed above. However,(C)

For Swimming medals in upto 4 categories in a single event may be considered for payouts as prescribed above. However,

39


(D) Any "National Level Tournament" shall not be interpreted to be the National Championship under any circumstances.

D) JUNIOR STATE CHAMPIONSHIP:


WINNER 15,000

RUNNER UP 10,000

SEMIFINALIST 7,500


For Team Events: Payout(1) Multiply By 2 & Divide By 3/4 Team Members.For Team Events : Payout(1) Multiply By 2 & Divide By

3/4 Team Members.


NOTES:- (A) Upto 4 individual categories in the National Championship event (Singles, Doubles, Mixed Doubles, Team

Event)NOTES :- (A) Upto 4 individual categories in the National Championship event (Singles, Doubles, Mixed Doubles, Team

Event)


If Multiple medals in same event (Swimming) or upto 4 medals in individual events (Different categories) then:-

1st Medal = 100%, 2nd Medal= 75%, 3rd Medal = 50%,4th Medal= 25%. (For Winner, Runner up, semi-finalist Only)




(C) For Swimming - medals in upto 4 categories in a single event may be considered for payouts as prescribed above.

However,(C) For Swimming - medals in upto 4 categories in a single event may be considered for payouts as prescribed above.

However,

even if categories are combined with diffrent events the payout shall still be restricted to a maximum of 4.

40

(D) Any "State Level Tournament" shall not be interpreted to be the State Championship under any circumstances.

(E) Since certain sports disciplines do not conduct a State Championship the following parameters are to be followed for them:

i) Tennis- AITA Championship Series (Any one to be considered for payouts in a particular category.)

ii) Squash - Any SRFI Championship 4 star and above only. (Any one to be considered for payouts in a particular category.)

iii) Pickle Ball - Any All India Open event. (Any one to be considered for payouts in a particular category.)

iv) Badminton - State Championship or any Two of the State Selection Tournaments. (Any one out of three to be considered

for payout in a particular category.)

GENERAL NOTES:

Achievers entitled to this pay-out scheme shall be Patron, Life, Ordinary and Corporate members only.

Playing / Service / Any other category members shall not be entitled under this scheme.

Players shall display the KG logo on their sports wear while participating in their respective events.

For entitlement of Sports Payouts, representation of KG at Interclub tournament is mandatory as and when required.

Payouts for the above will require proof of participation / performance.

Department Secretary recommendation is not required for payouts.

Eligibility for payout shall be strictly as per this Grid without any exception whatsoever.


Earlier the Sports Payout Grid was unilaterally decided by the Managing committee.

There were lot of representations and confusions in regard to this so the Managing

committee thought that we should put together a suggested grid which is very well

defined about who is eligible for what and hence we have brought it to the House. It is

not on the discretion of the Managing committee so no one can arbitrary way give some

grant or even deny any grant. This is the grid which is mentioned here. Anyone wants

to speak is welcome to speak on this. This is regarding the Sports Payout.

Mrs. Sushma Thakore:- Mem.No. T-105-L

41

I would like to know the members who are the part of the Sports committee.


The people who are part of the Sports Payout are Mr. Vivek Devnani, Mr. Shiv Malhotra

and Mr. Amit Butani. The department Secretaries were involved in finalizing the grid.

Mrs. Sushma Thakore:-

The Gymkhana funds belong to the members and we members should have a say in

how these funds are deployed. The Sports Payout Grid covers most of the sports viz

Badminton, Tennis, Table tennis, Cricket, Billiards, Snooker, Squash, Pickle Ball,

Swimming and Gymnasium. At present Mr. Kapadia confirmed the present committee

members are Mr. Vivek Devnani and Mr. Shiv Malhotra. Earlier there was Mr. Yasin

Merchant who was also on the committee but he resigned from the committee due to

some differences with the present committee because his recommendations were not

being followed.

Mr. Shyam Shroff:-

Please don’t make wrong statements.


The purpose of bringing this resolution to the House is a particular grid has been put

up. We are here to discuss about this grid. There is a particular resolution which has

been mentioned. If you have some views on this and let the House decide whether this

sports grid should be passed or not.

Mrs. Sushma Thakore:-

Considering the fact that each sport is governed by a different rule and a different

body we need to have rules and regulations which will take into account the nuiances

of each sport. Since I play Badminton, I would like to give my inputs and suggestions

on how to make the Sports payout grid more robust and include more tournaments

conducted for Badminton for the payouts. The Sports Payout Grid only talks for

payouts for persons participating in State, National and International events. In case

we need to encourage our children to go to school and get an education will it help if

we give them scholarships or medals after the Xth or XIIth grade. Certainly not. We

need to encourage them and motivate them from the beginning. In the same way if

you want to motivate and encourage our member’s children to excel in a sport, we

need to do that when they start playing around 10 years or so. But ironically the

payouts are only given when the child starts playing at the State Level or above. It is

too late by then. In Badminton we have tournaments like Manora in which kids

participate until they are in school. Manora is like a stepping stone into competitive

badminton for these kids. But our sports grid has no place for these kids. The kids

representing their school and college are also not included in this grid. Every year we

spend crores of rupees on renovation but only spend a fraction on sports. Why can’t

42

we reverse this equation and spend more on sports and less on renovation. My

suggestions for revamping the Sports grid are as follows: -

Form a committee of at least six to eight persons from different sports background

and who are actually involved in the sport on a day to day basis. Like any other

departmental committee nominate a Chairman and Secretary for the same. The

committee to meet and approve the payouts request received from the members on

a quarterly basis. Minutes of all such meetings of the Sports grid to be maintained.

Right now, there is no record of anything being maintained. The committee to

revamp this Sports payout grid to include more kids and sportsperson irrespective

of age and gender. To streamline the process the committee should ask each sub

department committee to submit the list of tournaments for their children for that

sport beyond the age of 10 onwards participated for the respective sports. After

evaluation of the list the Sports Payout committee can come out with a final list of

tournaments which can be included in the Sports payout grid. Only winners and

runners up may be semi-finalist could be considered for the Payouts. Payouts to be

fixed depending on the level of the tournament. Timeframe to be fixed to receive the

request from the members. For e.g. for the financial year April 2018 to March 2019

a letter and certificate attested by the parents in case minor excels or in case of a

major to be submitted by 30th June 2018. Recently the payouts have been made for

the last two years. There was a delay of more than two years for the payouts.

Processing of payment can be completed by 31st July. All original certificates should

be ideally stamped till the payout has been made. The final list of beneficiaries to be

signed by the Chairman and the Secretary of the Sports committee so that they can

be held accountable for that. Right now, I have a list on which payments have been

made. I would like to point out that this list has not been signed by anybody and

the cheques have already been given. After the cheques have been given, we are

talking about sanctioning or approving this Sports payout grid in the Managing

Committee. Cheques are already given for the same. So why are we seeking sanction

now. It is too late. A proper format should be made for the list and what I would like

to conclude is even a small amount of payment as a token of appreciation will go a

long way in boosting the morale of the children. I sincerely hope my suggestions are

accepted and implemented for a fair, unbiased, transparent and accountable

handling of the payouts. We have had cases where deserving players have not been

paid the grid. Let us at Khar Gymkhana promise to make sports a priority over

renovations and lay the path of producing outstanding sportsperson to bring glory

to our beloved second home.

Mr. Yogesh Talwar:-

I just want to know that the people who are in the committee of the Sports Grid are

any kin or relative of those people getting sports payment.


Yes, Sure.

43

Mr. Iqbal Bhabha, Mem.No. B-111-L

We have been making payouts for the last donkeys’ years. I am sorry I am using

little bad word. There is nothing wrong with the payments that have been made. To

bring out a grid year of around 5-6 pages in the Constitution stating things which

myself also can’t understand because tomorrow new State championship, new

National championship new International championship are added on. You will have

nothing but a commotion over here every year people coming to change that grid.

My earnest request Chairman is do not pass this grid and the Managing committee

is also silent till today in making any payouts. If you want you can put three lines

in the Constitution saying The Managing committee is empowered to appoint a

committee or to pay out certain people International, National or State Champions

as and when they feel.


This time also we had a small committee which we had officially formed for

Swimming, it was Ms. Sonali Rege, for Squash it was Mr. Manish Chotrani, Ms. Ami

Gia for Badminton.

Mr. Iqbal Bhabha:- Mem.No. B-111-L

Mr. Kapadia we had committees for the past 15-20 years. There has been never any

problem. If you put rules like this, I can tell you from one instance very fast you

have a DSO tournament in which you pay swimmers, you pay Badminton players

or you may pay somebody else. In a DSO player if you start paying cricket members

there will be no end to it. Tomorrow you will pay a Bhagubhai Shield, Harish Shield,

Gile Shiled player they after tomorrow you will pay somebody else there is no end to

it. So, you leave it to the Managing committee, let it be with them in doing a fairly

good job.

Mr. Amit Butani, Mem No. B-133-L

I have been part of the proceedings since morning. It is really frustrating as a Sports

person to see this sport pay out grid being politicised. As far as I know the Managing

committee had consulted a sports committee with very reputed, designated sporting

personalities form respective departments. There was Mr. Yasin Merchant, there

was Ms. Sonali Rege from swimming, they are all decorative sportsmen and they

had formed a committee. I personally like other Secretaries fought for sports pay

out for the departmental sports person who were well deserving which was just

stuck for 2 and half year’s people are not getting paid their dues. We are a Sports

institution at the end and we need to honour these sportspersons. Now when things

did not move forward the Managing committee took an effort and again called some

Secretaries from particular departments to understand who is eligible. For e.g. in

Swimming you cannot just go for a State level. You need to have something at a

44

district level, you qualify for state level, and the top two swimmers qualify for

National level. It does not happen in tennis or Squash. You can directly go for an All

India tournament. You cannot put apples to apples. You need to have a perfect

benchmark for each sport. So, we have taken that effort. So Mr. Shiv was there.

They asked for my opinion. We gave it. We have meticulously gone through it and

try to put parity with all department sports together. The House should understand

and appreciate this and let’s move forward.

Mr. Dharam Jumani:-

Secretary Sir, Mr. Kapadia I want the details of the committee members on the

payout committee who was on the committee or whose kin or relative has been paid.


The only person was Mr. Shiv Malhotra, his son Mr. Vikram Malhotra, I think he is

number 1 or number 2 in India and some position in the Asian Championship.

Mr. Dharam Jumani:-

I am not on to whether the merits or the demerits of his son whether he was entitled

to it. The fact is you came into power on the manifesto that the basically the

Managing committee would ensure that no relative of any Office Bearer or any

Managing committee member enter into any sort of contract.


I disagree here. Mr. Shiv is in no way doing any business with Khar Gymkhana.

Mr. Dharam Jumani:-

Why did he not abstain himself if there was a conflict of interest.


There was a set grid which was given not by Mr. Shiv. The grid is there. You can go

through it. The grid currently existed from earlier grid.

Mr. Shiv Malhotra:-

First of all, there is no conflict of interest. I don’t agree with him at all. Like Mr. Amit

said this entire process was in the cold storage for almost two years. Payouts were

done in a very subjective manner. All we have done is we have collated data from

this committee which was already set. These payouts are not new. The pay outs are

there for a very long time. We have apples to oranges. We have prepared the grid in

a such a manner that there is objectivity to it. We have set very high standards and

45

it is only for meritous sportsperson. I am extremely proud of my son’s achievements.

He is probably the best athlete in the Gymkhana today. He is ranked 61 in the

world. He is amongst the 242 athletes which went to Common Wealth Games. You

have cast aspersions. My son has not got any extra money other than the grid. He

is a National Champion in every age category that he plays. He has won 10 PSA

titles which is a record by any Indian. He has represented India in the Common

Wealth games, in Asian games, in World Championship. They have stood 5th in

Common Wealth games. There is no sportsmen comparable with him today.

I have made the Sports payout including my colleagues Mr. Amit Butani, Mr. Vivek

Devnani. The grid is very clear. As far as Mr. Vikram my son is concerned he has

got the payout as per the grid. No additional payment has been made to him. He

deserves to get that and if he is eligible what do I do. I just saw your post which you

have put up on social media. This type of targeting, hitting below the belt is very

sad. My son had to message me. He is in Canada now playing an event. He is

laughing about it and he is asking what do I have to prove. He just sent me 9

pictures with him with the Sports minister. He is your finest athlete and to politicise

this it is so sad. I did not abstain from that because I have been into Sports

administration for more than 25 years. The Sports Payout was held up for a long

period of time. It was only then the Managing committee requested me since I am

into sports administration. I am the Vice-President of SRAM for last 25 years. I

understand how these things work. There were lot of blank spots which had to be

covered. I have sat with people, with other sportsmen with people who were from

different departments and then we have come out with this grid. Show me where

the grid is wrong. Show me where the Squash department is favoured over any other

department. We have got parity. It is for sportsmen. It is for our children. The

payouts are the same for across all sportsmen.

Mr. Robert Lawrence, Mem.No. L-71-L

We are a sporting Gymkhana. I played hockey for Khar Gymkhana. Three or four

years we were undisputed champions. If you look at the track record of Khar

Gymkhana, hockey believe me we did so well. Don’t attack Mr. Shiv. As a son we

have to encourage his son. Understand it could be my son; it could be your son or

your daughter. Encourage sports, what is the payout done, look what his rankings

are. I have only one reservation is that don’t honour too many people of the past.

Go for youngsters like Mr. Shiv’s son, help them, sport them give them money, get

them training. Believe me if you want any contact with Sports Authority of India I

am here. If any good kid is here today my classmate is the President of the athletic

federation. Any good athletic who is not getting into a camp on merit we will put him

in.

Mr. Vivek Devnani, Mem.No. D-121-L

I would first like to give people a history of what this Sports Payout is. How it was

formulated. When there is a Sports fund which is with the Trustees on which prior

46

to 2011 we used to get an income tax rebate. After 2011 we have gone into a 30%

taxation so whose name Mr. Robert took I had with the same people along with the

past Office Bearers consulted. At that time when the Sports payout was made there

was Leander Paes who represented Tennis, there was Mr. Kamlesh Mehta who

represented Table tennis, Mr. Manish Chotrani from Squash, I consulted Ms. Sonali

Rege, for Swimming at that time. In case of Billiard and Snooker no bigger name

than Mr. Yasin Merchant. We had taken this sports payout and recommended to

the Trustees. At that time including Mr. Gursahani, Mr. Gowariker when it was

rolled out and Mr. Bomi Mehta were very gracious enough and said yes it makes

sense provided you have control over it. The Sports payout were not being released

for quite some time. Mr. Shroff and the Managing committee said why don’t you get

involved in this as you are aware of this from root. I said yes, for sports person I am

willing to do anything. First, we said we will get all the sports committee who was

involved in this. There is a message floating around six months back that Mr. Yasin

Merchant is resigning. It is Mr. Yasin Merchant who has given us the names from

Snooker and Billiards. We sat down with the Sports committee, department

secretaries took all their recommendations, formulated a policy and then we said

why only not look at State, National & International. Masters which is a leisure

tournament, today even my friend Mr. Gaurav Kapadia, General Secretary goes and

plays the Masters and there are others who also play Masters where there are only

two entries and four entries and people are asking for sports payout. If you want to

give the money, give it, it is your money, you decide. We have spoken to the

association secretaries, chairman and asked them which are the tournaments to be

considered and which are to be not considered. Like Badminton there was a grey

area. There are two State Selection tournament then a State tournament and then

a Nationals. We went into all that got recommendations and got the names of the

tournament from them and on basis of this we formulated a policy. Every certificate,

all the sports payout that has been released bears a signature of Mr. Shiv Malhotra

and me on that paper. I can call for it and show it to you the grid that has been

released.

Mr. Shyam Shroff:-

It is before the House to approve the Sports Payout Grid.

Mr. Minish Babla proposed and Mr. Robert Lawrence seconded.


Ms. Sushma Thakore suggested that minutes to be added to which Mr. Gaurav

Kapadia said that minutes will be added.

8. To consider any proposal of change of Rules in respect of which a notice

has been given by a member before 30th June 2019.

Mr. N.V. Joglekar (Mem.No. J-7-L)

47

N.V. JOGLEKAR (J-7-L)

1. Transfer of membership on strictly seniority basis.

2. Transfer of membership for those whose family members have not become members.

3. General Body will decide the quantum of money Gymkhana will get and if part of total money received by Gymkhana is given to outgoing members that will add to the dignity of Gymkhana.

I thank you for giving me a chance to talk. I am ninety years old. This is a resolution

I am trying to put since last four years. I find last four hours we have been talking

on different issues but not on the generation of funds which are required in the

Gymkhana. We are going to do structural audit for all the buildings which are 30

years old. We need lot of funds. This is my simple proposal that you can generate

funds.

Mr. Gaurav Kapadia, Hon.General Secretary read the above resolution proposed by

Mr. N.V. Joglekar.

Mr. Shyam Shroff :- there is no provision for the above resolution. I will read out

the Constitution as per Rule 3d. Unless you amend the Constitution you cannot do

it.

Mr. Gaurav Kapadia informed the House that Mr. Kumar and Mr. Ajay Babla said

that the resolution was rejected twice hence we cannot take it again.

Mr. N.V. Joglekar:-

Last three years I have been withdrawing my proposal but till date I was not

informed that there is no provision. I am putting this proposal for last four years.

Last time we proposed 30-40 amendments to rule. The Managing committee can say

they are thinking of putting an amendment to the rule to cater for such a proposal.

Then I will withdraw my application and it will come next year.


Sir few members mentioned that it was withdrawn earlier so it cannot be taken

again.

Mr. N.V. Joglekar:-

I am withdrawing my resolution.

48

SOLANKI I.V. (S-429-L)

No member is eligible to contest any election in Khar Gymkhana if his/her names does not appear in General or department voting list.

Solanki I.V. (S-249-L)

Mr. Gaurav Kapadia informed the House that since Mr. I.V. Solanki is not present

we will not be taking up his resolution.

VIVEK DEVNANI (D-121-L)

RULE 32 - GENERAL SUBSCRIPTION

The General Subscription for Ordinary Members is Rs.300/- plus 18% GST per month w.e.f. 1st November, 2015.

The General Subscription for Ordinary Members for the age of 18 to 25 years is Rs.100/- plus 18% GST.

Vivek Devnani (D-121-L)

The resolution that I have moved is children converting between 18 to 25 the general

average age gap between two children is normally about 2-5 years maybe a little

more. The general Subscription which is paid is Rs. 3000/- a year. So, if there are

two children which a parent has to bear it is a load for the parents. Lot of parents

have come back to us. If you see generally children start earning after the age of

25/- So parents have come to us if we can look at reduction of general subscription

for children between 18 years till 25 years.


The above resolution was proposed by Mr. Nitin Gadekar and seconded by Mr.

Shyam Karmarkar.

NITIN GADEKAR (G-34-L)

Khar Gymkhana be registered with the Charity Commissioner within the next three months.

Mr. Nitin Gadekar:- Mem.No. G-34-L

My proposal is that the Khar Gymkhana be registered with the Charity

Commissioner within the next three months. Khar Gymkhana on 26th June 2003

the Trustees of the Gymkhana have written to the director of exemptions for an

application of grant of approval under section(G) and clearly said our Charitable

49

Trust in the name of Khar Gymkhana. So, the Trustees of the Gymkhana have

written to the director of exemptions that is the income tax saying that we want

under 80G concession as a Charitable Trust. I have it documented. Anyone of you

can take it from me as and when you want. The Gymkhana has made a submission

to the Director of Income tax again and wherein they have written a letter on some

dispute that is going on between the Gymkhana and the income tax department. It

is a long letter but I will read only the relevant part signed again by the Trustees of

the Gymkhana. In the income tax they say that with reference to the submission

and explanation as reasoned above we request your Learned Honour to consider the

judicial pronouncement from IT(80) in the same manner and reasonably offer

discuss about to continue to treat Gymkhana as a Charitable Institution and

continue to grant exemption under section 11 by upholding the recognition of a

Charitable purpose and continuing with the grant of certificate under section 12A

of the Income tax act 1961. Time and again the Trustees are telling the income tax

authorities that we are a Charitable Trust and getting exemptions and calling

Gymkhana a Charitable Trust. But when it comes to registering of the Gymkhana

with the Charity Commissioner then the same Trustees say we are not a Charitable

Organization. When we take memberships, we have taken memberships under 10

lac schemes, Rs. 12 lac schemes everywhere we have taken Donations from public.

We have given receipts to hundreds of people by saying that Gymkhana is accepting

Donation. Donation is charity so we come under a Charitable Trust. Many

Gymkhanas who are under the Charitable Trust have been allowed not to pay

Service Tax. Punjab has asked that GST should not be charged. So even if the golden

temple is come on the final GST, I don’t know whichever the committee it which is

going to decide whether to charge Charitable Trust GST or not. Even Khar

Gymkhana will benefit from GST. So, I request all of you though I know some people

will not like my proposal for obvious reasons. I propose that the Gymkhana be

registered under the Charitable Trust immediately.

Mr. Yogesh Talwar:-

Mr. Nitin Gadekar is talking about the case of 2002. I will give you the proceedings

of this House wherein 2005, 2012, 2015, these proposals have been rejected by the

House. In the year 2005 this proposal was moved to register with the Charity

Commissioner, it was rejected by the House. In the year 2012 it was again moved.

It was rejected by the House. In the year 2015 once again, it was moved. It was

rejected by the House. I have with me a paper by the Additional Commissioner of

Konkan Division dated 08.07.2016. I am just reading the very relevant portion. The

Appellant Institute was registered under the Indian Trust Act. The Appellant

Institute means Khar Gymkhana. The Appellant institute claims that it is a Private

Trust and not a Public Trust. Once again, I want to correct my friend that lot of

Donations have been accepted. No donations have been accepted from outsiders. All

donations what you are saying are voluntary donations from the members. Donation

means public. Although it is advisable that institutions like the Appellate institute

should be registered under the Public Trust Act for better financial arrangement

and although the working would have been well controlled by the Charity

50

commissioner there is no enabling provision in the Lease Deed or in the Order for

extension authorizing the Government to force the Appellant Institution to obtain

registration. On these grounds the argument of the Appellant Institute that the

conditions of the DC that there was misuse of land because of not having registered

is without any legal base. This argument of the institute proves to be right. That

means the argument of Khar Gymkhana need not be registered is proved right by

the Additional Commissioner of Konkan Division. Last but not the least there is an

Order with the Gymkhana from the Revenue Minister himself who is above

everybody Mr. Chandrakant Dada Patil dated 30th October 2017. The Applicant has

objected that the opponent that is Khar Gymkhana is not registered under the

Maharashtra Public Trust Act although it was necessary for better financial. There

is no provision in the Original Lease deed or extended Lease deed which authorizes

the government to force the Gymkhana to do so. Hence the conclusion of the

Collector that since the Gymkhana is not registered under the Maharashtra Public

Trust Act the terms and conditions given in the Lease deed are violated or not and

since there is no registration. This conclusion is not acceptable due to lack of

sufficient and strong proof. On this ground the Additional Commissioner decision

of cancelling the order of the District Collector is right. The District Collector had

passed certain orders where the Revenue Minister has discarded them. I think I

stand to be correct by Mr. Nanik Kukreja, he has filed a case in the Appellate

authority quasi-judicial body that this Gymkhana be registered under the

Charitable Trust. This matter is already in the court. There was a date on 19th

September 2019 to decide about what is to be done. The Judge that day did not

come so the date has been fixed on 30th September 2019. Let us wait for that order,

why are we in such a hurry. I think this matter is subjudiced. Let us not discuss

this. We wait for the result of 30th September 2019.

Mr. Taro Maghnani, Mem.No. M-149-L

First of all if you see the Constitution page no. 18 where all the Trustees are very

clearly mentioned that our Trust is already registered under 1882 Act and they have

also given the number 4346 in 1935. The question of register does not involve to say

that you will be under Charity Commissioner but only the Trust. We are facing the

same problem. In my opinion we should not be registered at all.


The matter regarding the registration of Khar Gymkhana has been time and again

coming to the AGM. When the BPT Act came in 1954 there was a clear circular that

all the Public Charitable Trusts have to be registered. Our in action does not give us

the right to say that we should not register. Some people said here we are not

accepting donations from non-members. No, we are accepting donations from non-

members thereafter they are made members. When you accept the Donations, he is

not a member. Some other gentlemen said that there is a Charity Commissioner

cess of 2% I must correct that it is used to be 4% by High Court of Mumbai has

already passed a decision because many people went to the court; they said you are

51

collecting the cess. What have you done with the money? When the accounts were

given, they found out that the Charity Commissioner cess was collected to around

Rs. 200 crores and they have spent only Rs. 50 crores and the High Court said till

the time this money is exhausted you will not collect a single penny from any

Charitable Trust. There is no Charity Commissioner cess. If you are registered with

the Charity Commissioner as a Charitable Trust the 18% GST will not be there. This

is a great advantage to get this trust immediately registered and I am requesting the

House to permit the Managing committee to register Khar Gymkhana as a

Charitable Trust.


First, I would like to take the point of Mr. Karmarkar that members will save GST.

It is completely wrong. It was in the days of the sales tax. It is not covered under the

GST. So please don’t misguide the House. The matter is sub-judice. Earlier also this

point has been rejected 3-4 times in the General Body. You cannot have a resolution

that the Khar Gymkhana be registered with the Charity Commissioner with the next

three months. What are these guidelines for? What is the time limit? You want to

register why within three months. We can amend it to 2 years, 3 years. I have a right

to amend the resolution so I propose five years.

Mr. Shiv Malhotra:-

You mentioned the order of the Additional Commissioner. You also mentioned the

observations that this kind of a Trust with 9000 members should be registered. My

main issue is that the Gymkhana building on the ground is on Collectors land. One

question to the President has our lease been renewed. Is there a condition put up

by the Collector that to renew the lease the Gymkhana has to be registered under

the Public Trust Act?

Mr. Shyam Shroff:-

This is very pertinent for everybody to know that Gymkhana’s lease was renewed by

the Collector last year. But there was a binding condition from the Collector that

the Gymkhana should be registered under the Maharashtra Public Charitable Trust

Act 1951 and if it is not done there are chances, they will take away the land.

Mr. Nitin Gadekar:-

I just want to second of what Mr. Shyam Shroff has said that we have got a letter.

The Trustees of the Gymkhana and Khar Gymkhana please bear in mind this is not

politics. The Trustees have got a letter from the Collector about renewing the lease

of the Gymkhana. It is dated 19th September 2018. In that order there are terms

and conditions. Item 9 it is written very clearly that one of the conditions that the

Gymkhana has to fulfil to get its lease renewed it will be binding on the lease holder

to register the institution under Public Trust Act 1952. It is very, very clear. We are

52

not owners of this land. Collector is the owner of the land. Collector is asking us to

register this property. Why are we not registering the property? Why are we not

getting our lease done? It is the order of 19th September 2018. Till date we are not

fulfilling the conditions of the Collector. We are not getting lease that means today

we are not leaseholders of this land. The Collector had taken the land once. They

can do it again or take stringent views. This is not politics. I know some people are

against this for whatever their views are, this is a clear office of the District Collector

has given this letter to Khar Gymkhana. I am surprised that the Gymkhana Trustees

have not brought it to the AGM? Why? When there is a term and condition, we have

to follow why has it not told to the General Body. Regarding the Konkan Division it

is his observation. Because we are not registered, he said we cannot take any view

on that. After all that Konkan Division after three years on 19th September 2018 we

have got a letter from the Collector. Please think about what I am saying and register

the Gymkhana.

Mr. Yogesh Talwar:-

Again, I repeat the order of the Revenue Minister he says the Additional

Commissioner has given a decision. The case is going on in the court. Why do you

want to pass something additional in that? It is subjudiced.

Mr. Shiv Malhotra:-

My point is since it was mentioned that the matter is in the court and is sub-judice

my point is if the Trustees agree just like the members agree get it registered. The

court case collapses automatically.

Are the Trustees willing to take responsibility for any cohesive action that may be

taken against the Gymkhana by the Collector?

Mr. Manu Dadlani, Managing Trustee

It is very sad that the people are talking about getting Khar Gymkhana registered

with the Charity Commissioner. They should know that we will be losing lot of

money, lot of things by asking some government agencies to sit here on our Board.

The wrong information has been given by Mr. Nitin Gadekar that we have received

the renewal on such and such date. But Yes, Trustees are responsible for getting

this letter. We have received it and we have replied back to it and this question was

asked in the Managing committee and we have shown the letter to the Managing

Committee. It is very clear. It is wrong information that we have not replied. We have

replied to the Collector. I will assure you that the Minister himself said that there is

no need and the Collector told us that the usual letter we have sent to every club.

Now that we have received the letter from you it will be considered and we will reply

back to you. We have not received any reply. Mr. Shiv Malhotra is saying you take

the guarantee. We are responsible if we get some any other order from them. If we

have to register then we will act upon it. What is the hurry about it? Gymkhana is

53

going to lose lot of money and why few people are interested. What benefit are we

going to get from it? You are talking about GST. We will be losing 2% of the gross

money. We have to pay. Mr. Shyam Karmakar we have taken the opinion from big,

big solicitors and Mr. Shyam Karmarkar you have been telling you know. Whatever

you know does not mean that everybody knows. Above all this I have to say it is a

subjudice matter. Our President has been saying it is a subjudice matter, we need

not discuss. But it is being discussed. This resolution should not be taken now.

Mr. Amit Damania, Mem.No. D-15-P

I have been associated with a lot of these Charitable Trust since about 35-40 years.

May be earlier as an Auditor. I have formed several Trusts. Lately I was the Treasurer

at Parsi Trust. To deal with the Charity Commissioners Office is a head ache. It is a

night mare. We are falling form frying pan to fire. For every decision of yours

someone of yours will have to go and sit in that office and for days together you will

not get results. We have got so many beautiful facilities for e.g. Banquet hall.

Someday some Charity Commissioner will have some functions for their children.

They will come to the Office Bearers and ask for the hall. The moment you refuse

you will face the condition of which Bombay Gymkhana faced. Show me one of the

10 top clubs of Mumbai who have gone and fallen into this fire. Some years back

someone had given a proposal for limited company with non-profit making. That

would have been still better. May be our compliance issue would have raised. Do

you know which type of Trust go for registration? The Trust like Lal Baug, this

Navratri Mandal. We are not that. Some other Trust like Old Parsi Trust go for

registration who have got property and no heir so they make Charitable Trust for

public welfare. Hospitals like Tata memorial hospital, we are not falling in any

category here. We are our own members who have paid the money to build up this

institution. Why do you want to go and fall into fire? This is all I can say. It is for

the members to decide.

Mr. Vipin Kohli:-

An Office can come without a registration. Chairman Sir according to the

Constitution you have to do all such acts either incidental or conducive to the

attainment of the objective. Is it necessary? If you have to do it, you do it. Why do

we need to have so much discussion?


I have two points to say. Our esteemed Trustee Chairman said that they have taken

an opinion that 2 percent cess will be applicable. I would like them to share this

view to all the members. Where is the opinion? Which Solicitor has given the opinion

I would like to see the opinion? My dear colleague Chartered Accountant said that

Gymkhanas are not registered. He wants only hospitals to be registered. Bombay

Gymkhana which is section 25 company which is registered. Otters Club which is

also a Sports Institution in the Western Suburbs which is registered.

54

Mr. Shyam Shroff:-

This matter needs to be closed now.

Mr. Taro Maghnani:-

There is some confusion regarding the Charitable Trust. Registering the Gymkhana

with the Charitable Trust is one aspect. But when you get the benefit of that from

the Income tax department say about five years the definition of the Charitable Trust

change. That is why everybody is facing the problem. Section 11 is not acceptable

to them. What is Charitable Trust? When you are doing some charity like medical

camp, helping poor etc. Read the definition from a Chartered Accountant.


When this matter is sub-judice what is the hurry? This is a very important decision.

Here you will have to involve the Trustees. Even if you make a resolution here you

will have to pass on the paper to the Trustees. He has to discuss in his Trust Board.

You cannot force his hand. You cannot tell Chairman you do this. Whatever is there

the Trustees must be involved. If he does not want it, he will tell you the reasons for

that. You can’t force anybody to do this.

Mr. Shyam Shroff:-

There is an application by Mr. Nanik Kukreja which is already pending with the

Charity Commissioner. The matter is sub-judice. I agree with Mr. Dadlani. Let the

courts decide.

Mr. Solanki I.V. Mem.No. S-429-L


Entire Sponsored membership income should be transferred to that particular department for which the sponsor has wished for. Managing Committee will add the same amount to sponsorship amount to hold a tournament, function for that particular department from Sports fund.


Since Mr. I. V. Solanki is not here we are not taking his resolution.

ACHARYA MADHUKANT (A-58-

L)

55

33% of Managing Committee members should be women

members after Sept 2019 elections. In other words minimum

5 women members should be part of Managing Committee

of 16 members (13 elected members and 3 co-opted

members).

Mr. Madhukant Acharya (A-58-L)

Mr. Nilesh Ashar:-

How does the House propose to see that 33% of women are elected? This is an

election, not a selection.

Mr. Shyam Shroff:-

I put this resolution to vote

The House unanimously rejected the same.

Mr. Solanki I.V.


If a Sponsored member wishes to continue for more number

of years then from 2nd year onwards the department secretary

permission should be taken.

Mr. Gaurav Kapadia

Since Mr. I.V. Solanki is not present we are not taking his resolution.

ACHARYA MADHUKANT (A-58-L)

Maximum 50% immediate previous Managing Committee

members should be part of new Managing Committee

following it.


The above resolution proposed by Mr. Madhukant Acharya was unanimously

rejected.

Mr. Prakash Shroff:- Mem.No. S-224-L

PRAKASH SHROFF (S-224-L)

About 5 to 6 Retiring Rooms with four-star facilities be constructed & commissioned on the 8th Floor of our South West side Building Structure.

56

Mr. Gaurav Kapadia

Since Mr. Prakash Shroff is not here we are not taking his resolution.

Mr. I.V. Solanki


Bye-laws of the department after approval from the Managing Committee should be followed in case of a

particular issue, is not covered by Bye laws, the issue will

follow Constitution of Khar Gymkhana.

Mr. Gaurav Kapadia

Since Mr. I.V. Solanki is not here we are not taking his resolution.


L)

Auditors of Khar Gymkhana will make a presentation of

unresolved issues of the Balance Sheet and their

qualifications. The General Body will take a view and issue

directives.

Mr. Madhukant Acharya

Already we have a presentation from the Auditors and also from others. This you

should continue. Gymkhana members will get education and know what is the view,

what is holding up things.

The above resolution proposed by Mr. Madhukant Acharya was proposed by Mr.

Robert Lawrence and seconded by Mr. Shyam Karmarkar.

KISHORE MALANI (M-41-P)

Rule 7 (ii) – PATRON MEMBERSHIP

A Life Member may be permitted at the discretion of the Managing Committee to convert his membership to that of a Patron by subscribing Rs.1,00,000.00 (Rs. One Lakh) or more to the funds of the Gymkhana. However, a Life Member who has completed 20 years may be permitted at the discretion of the M.C. To convert his membership to that of a Patron by subscribing Rs.25,000.00 (Rs. Twenty-Five Thousand) or more to the funds of the Gymkhana.

A Life Member may be permitted at the discretion of the Managing Committee to convert his membership to that of a Patron by subscribing Rs.1,00,000.00 (Rs. One Lakh) or more to the funds of the Gymkhana. However, a Life Member who has completed 10 years may be permitted at the discretion of the M.C. To convert his membership to that of a Patron by subscribing Rs.25,000.00 (Rs. Twenty-Five Thousand) or more to the funds of the Gymkhana.

Mr. Kishore Malani:-

57

Mr. Kishore Malani read his proposed resolution. What I am proposing is instead of

20 years it should read 10 years without any financial implication.


Wherever you are reducing the revenue I am not for it.


There is no change in revenue. He is just proposing the years from 20 years to 10

years.

Mr. Shyam Shroff:-


The above resolution was proposed by Mr. Yogesh Talwar and seconded by Mr.

Shyam Karmarkar.



L)

Trustees will present the Trust Board accounts to the General Body in AGM since members of Khar Gymkhana are the ultimate beneficiaries.

I have seen in the last 3-4 years that the Trusts funds are going down systematically

and at a great velocity. It was almost Rs. 70 crores the Trustees had assets 2-3 years

back. Now I see they are managing only above Rs. 61 crores. There is a great

depletion of the Trustees funds. The Trustees funds from Rs. 70 crores has come

down to Rs. 61 crores in 2-3 years. There is a balance sheet loss of Rs. 2 crores. So

the Trustees should make us aware in what area and how the funds have gone

down. Ultimately the Trustees are the custodians of the Gymkhana assets and

funds. Going down of funds for the members is a very important thing because that

is our money and we want them to tell us how it has been used.

The above resolution of Mr. Madhukant Acharya was unanimously passed.

The above resolution was proposed by Mr. Minesh Babla and seconded by Mr.

Kumar Nichani.

KISHORE MALANI (M-41-P)

Rule 8 (ii) – LIFE MEMBERSHIP

An Ordinary Member may be permitted at the

An Ordinary Member may be permitted at the discretion

58

discretion of the Managing Committee to convert his/hers membership to that of a Life Member by subscribing Rs.1,00,000.00 (Rs. One Lakh) if he/she has completed 25 years as an Ordinary member and Rs.50,000.00 (Rs. Fifty Thousand), if he/she has completed 30 years as an Ordinary member.

of the Managing Committee to convert his/hers membership to that of a Life Member by subscribing Rs.50,000.00 (Rs. Fifty Thousand) if he/she has completed 10 years as an Ordinary member and Rs.25,000.00 (Rs. Twenty Five Thousand), if he/she has completed 15 years as an Ordinary member.

Mr. Kishore Malani:-

Mr. President ! I withdraw my resolution.



L)

Any expenditure beyond 15 lakhs for one item should come to AGM for approval.


Last also this resolution had come. From Rs. 5 lakhs to Rs. 15 lakhs expenditure

was passed by the House. That is understandable. What is not understandable to

me is above Rs. 15 lakhs what happens. In one of the AGM it was said that up to

Rs. 3 crores you need not come to the House. This is horrible. I have analysed the

whole expenditure. Rs. 9 crores have been made in the Gymkhana since two years.

Can you imagine Rs. 9 crores of renovation have taken place in the Gymkhana. Not

once did the Managing committee have open house to ask what the House wants.

Whatever they did they said you will have to accept it. For. e.g. you look at the

Swimming Pool renovation today. The renovation done in the Gym. The renovation

done in our Lobby and some of the restaurants. They are all Grade 1 renovations.

You look at the Swimming Pool renovation it is the worst which you can expect. I

am not going into the monies or economics of it. What are you giving the Gymkhana?

What has the members done that you are giving such a low-grade renovation to the

members? Then you see the seat out desk on the Swimming Pool it is the worst

thing that you could have given. Space is so premium in Mumbai. You have

squeezed the space. Made all arches and algae. Made it even shorter and the whole

things looks like a rabbit hole. We are having a rabbit hole instead of expansion

thing we had earlier. You are changing tiles of Rs. 45-50 lacs. You are putting

matting over it again. This would have never happened in the Managing committee

came to the Open House and asked what type of thing you want. They are

59

superseding the House and taking all things on themselves. This should never be

allowed.

Mr. Shyam Shroff:-

Mr.Acharya what is your resolution?


My resolution is very clear. Any expenditure beyond 15 lakhs for one item should

come to the AGM for approval. My proposal is in the beginning of the year whenever

new Managing committee comes you come with your full plan budget, next two years

we are there. These are the renovation and these are the amount of money we want.

The House will tell you which are things they want? What they don’t want don’t do

it.

Mr. Shyam Shroff:-

At the moment your agenda is something different.


I say again if it is beyond Rs. 15 lakhs pool all your renovations, all your major

works you want to do and have an Open House and get the clearance of the House.


Regarding Mr. Madhukant Acharya’s resolution Trustee Chairman Sir, I am drawing

your attention what he is talking about Rs. 15 lacs there is a specific clause, Rule

No. 52, any work, renovations exceeding Rs. 15 lacs will be approved by the Trustees

after examining tenders, quotations received by the Managing Committee from

Contractors, suppliers subject to pre internal and post internal audit of the

Contract. If somebody says a statement it is an aspersion on the Trustees that they

are not doing their job properly. What are you talking? Rs. 15 lacs and above

Trustees are checking, they are going through the quotations; there is a pre-audit,

post audit. Let us not confuse the matter. Trustees are doing their job perfectly right.

We don’t want to have aspersions on the Trustees.

Mr. Manu Dadlani:-

Mr. Karmarkar I am aware of that Rs. 15 lac clause and as per the Constitution has

been amended last time Rs. 15 lacs. Regarding pre-audit and post audit or external

audit we have put the clauses after the swimming pool thing has been passed. After

all these expenses they have to give us the pre audit as well as the post audit.


60

Sir, already a provision is there.

Mr. Manu Dadlani:-

Provision is there. When the Badminton things came then we came to know about

all these things and we have insisted and we are getting pre audit and post audit

from them.


Regarding this point about pre-audit as far as the Managing committee meetings

where these amounts were passed by the Managing Committee I had met the

Trustees and at that time Mr. Manu Dadlani along with the other Trustees were

present and I had proposed to them, requested them to please audit all the accounts

whatever work is going to take place. It needs to be audited. So that tomorrow there

are no allegations that something has gone wrong. These things have already been

proposed long time back that these things should take place.

Mr. Amit Butani:- B-133-L

As a Swimming Pool department Secretary and all these allegations that is

happening on these anti-skid tiles and putting mats and a debate is going on. I want

to put it to rest what it is. In July as a departmental secretary I wanted to ensure

that there is no mishap in the pool since the pool deck tiling is going to be changed

you give the swimming pool committee a chance to kindly suggest in what way to

go if the tiling is going to be removed. So, they graciously accepted that and told us

you come forward and start the process of selecting the tiles. Me along with Mr.

Kishore Soni and other swimming committee members we have gone through pains.

I want to put it on record in September 2018 I submitted the findings to the

construction committee and the Hon’ble Secretary that there are a lot of talks, please

allow me read. Lot of talks are going on about the selection of pool deck tiles and let

me put all speculations to rest once and for all. On the selection criteria of tiles, the

first thing was done to speak to the Head Coach of IIT Powai as directed by one of

the swimming committee members as they had one of the best pool deck tiles. We

went and spoke to the Head Coach over there and they were extremely dissatisfied

with the ceramic tiles that were used. The supplier had promised them and had

given them a certificate of anti-skid and after that there were slippages and

accidents. This was not working at all. They had actually scrub it and grate to cause

friction so that they could be gripped. The next thing I spoke to Nehar Amin who is

the Swimming coach for the Indian National team and a decorative Chatrapati

awarded for a coach. He said that we are using vitrified tile and there is slippages

but have matting around the pool so that there are no accidents. Furthermore,

considerable amount of time was spent on doing RND for pool deck tiles both off

line and on line by myself and Mr. Soni and also by the construction committee.

Johnson Super anti-skid tiles metro tiles samples were shown to us, both the tiles

were tested with water to see that there is slippage or not. These are metro tiles and

61

are better alternative to concrete paver and stone tiles as the literature says these

are also anti-skid resistant to stain, acid, alkali resistant to corrosion from salt, high

breakage and high footfall. Having selected the above as a Swimming Pool

departmental Secretary and after all research being done there is no 100% anti-skid

tiles because I have even spoken to Mr. Vir Dhawal Khade who goes for Common

Wealth Games, the entire pool deck is still covered with inter locking mat tiles to

prevent accidents. I had still proposed that after we change the tiles just out of

concern for old age members using the pool and for the kids who are running around

the pool to have a 3/4th perimeter of high class. Not this mat which is currently used

and is horrible which has got algae and fungi. Inter locking mat should be put to

prevent this. We are doing work out of earnestness. There are young people who

are on both sides of the team contesting. If you are going to politicise everything it

will deter people from coming in doing good work for the institution.

Mr. Salil Randive:- Mem.No. R-129-L

I was a member of the construction committee and I just want to put the second

thing to rest regarding this Rs. 40-50 lacs which was just been send was spent on

the pool tiles. The cost what we paid for the pool tiles is Rs. 9.25 lacs. Even in one

of the Managing committee meetings we were told that Rs. 400-500 per sq.ft. is

spent on the tiles. These tiles we got from Johnson on a company discount, it is not

even a dealer discount because Johnson was happy to supply tiles to Khar

Gymkhana and they gave us these tiles for less than Rs. 125/- per sq.ft. which is

not even what the dealer gives you. So, we spent not more than Rs. 9.25 lac for the

tiles so it is not Rs. 40-60 lacs. We had four tenders which came from contractors.

They were all scrutinized. The L1 (lowest quotation) was then picked up. We

negotiated further with the L1. We have added conditions in contract which has

never been done in Khar Gymkhana before. There was never a contract given out in

Khar Gymkhana for construction which included for e.g. defect liabilities, there was

nothing that ever said that if there was a contractor who got injured or died, for e.g.

it can happen in a club, it happens on construction sites, the liability in those

cases, they could have picked up the Secretary or the President and put them in jail

as the Indian Penal code says. We actually put clauses in that in which the

contractors have to accept the fact is that they had to show that every single worker

of theirs was insured. They had to show that we were completely not having to take

this liability on the club. Obviously, all this makes sure that the contractors that we

brought in were of a certain minimum standard. Not like regular contractor who has

done by 16th road bedroom. We brought quality contractors. There was a very, very

strict process followed for bringing this people in and this is the price that we have

paid. Please Sir, let us not unnecessarily flow numbers up in the air. This is not fair.

The President then put the above resolution to vote.

The above resolution proposed by Mr. Madhukant Acharya was rejected

unanimously.

62


A small restaurant/Bar must be started in Symphony which will help us in getting Bar License for the entire Presidential Hall.


Since Mr. I. V. Solanki is not here we are not taking his resolution.

ACHARYA MADHUKANT (A-58-L)

No more than 50% interest earnings on FDS should be spent on capital expenditure in a year in Khar Gymkhana. This is to ensure we maintain robust savings to have a healthy balance sheet.


We are finding that the earnings of interest on FD’s is 4.5 crores a year. We find

that the depletion is so fast that with all these earnings we are making a Rs. 2 crore

loss in the Balance Sheet. So whatever earnings we have in the Fixed Deposits we

are having nothing in the operations. It is just plus, minus, zero or loss. We should

not spend more that 2-3 crores a year. So, for a two-year term of the Managing

committee we should put an expenditure cap on all these renovations and other

things. Not more than Rs 5-6 crores in two years. That means individually Rs. 3

crores. This will help to spend some money from the Fixed Deposits. At the same

time add some revenue to the reserves. We must always aim to have reserves

growing and not depleting year after year. Since past two to three years all the

reserves are going. If it goes on for another 5-7 years you will have zero reserves.

Reserves must always be added to. They should not be lost like this from the

earnings which are there. I suggest that we should not spend all our earnings like

these and the Fixed Deposits should be secure.

Mr. Minish Babla:-

I think Mr. Acharya’s point is lovely but you should also keep in mind that when

you make a new place, we will always have a particular year or two terms where we

might need to spend more. If we get this clause in then we will not be able to do

that. It is a very good point but rather than only concentrating on that we can always

see how we can raise revenue instead of saying reduce the expenses. If you put a

cap on it, it is not any Managing committee is coming just to spend money. Let us

not give that impression to the House. For e.g. if you move into a new house you are

not going to spend for 10 years on it. But after 10 years if you have lived in that

house you might need to spend a lot of money in one particular year. It will not give

any power to that Managing committee. So, I think we should not take this forward.

63


Mr. Acharya said only 50% of the interest should be spent. Gymkhana activity will

come to stand still if you do that. Our total revenue was Rs. 18 crore last year. This

year it is Rs. 20.59 crores. Out of that interest if you consider, interest what I find

the audited figures here is only Rs. 4-5 crores. As far as Charitable Trust is also

concerned 85% of the revenue you have to spend which is permissible. So, let us

not put this condition. This condition should be rejected.

The President then put above resolution proposed by Mr. Madhukant Acharya

to vote.

The above resolution was rejected unanimously.

9. To consider any motion except in connection with Rule 124, notice of which

has been given in writing to the Hon.General Secretaries by a Member at

least 10 clear days before the date of the meeting. The notice given under

this Rule shall be put up on the General Notice Board of the Gymkhana.

Mr. V.R. Iyer, Mem. No. I-12-L

1. The Incoming Committee shall develop a walking path at the Cricket

ground.

2. The 5th floor terrace shall have 2 Pickle Ball/Mini tennis courts facing North

south and one mutli purpose volley ball, box cricket, box football facing east

west with flood lights.

3. The 8th floor terrace shall be used for setting up Solar Energy.

4. Rain water harvesting shall be given top priority.

5. Install drinking water fountain & refilling stations as seen in all airports and

do away with paper cups.


Since Mr. V.R. Iyer is not present we are not taking up the motion proposed by him.

Mr. Nitin Gadekar, Mem.No. G-34-L

We would like to know at the Annual General Meeting of the Gymkhana to be held

on 22nd September 2019. The amount of money with details spent by the Trustees

and Managing Committee for the litigation regarding the Trustee matter and

registration of Khar Gymkhana with the Charity Commissioner, Agenda Rule No. 6.


Since Mr. Nitin Gadekar is not present we are not taking up the motion proposed

by him.

64

10. Any other Business with the permission of the Chair.

Mr. Yogesh Talwar:-

At the start of the meeting the President read about his report. He said some points,

he missed some points. I am not saying intentionally. There is one point on the

President’s report which I just want the House to know that. In spite of the best

efforts of the Managing committee, we could not resolve the dispute of my

trusteeship with the Honorable Trustees and the matter is pending before the Court.

Sir I don’t think this is the matter of the Managing committee. Mr. Shyam Shroff in

your personal capacity you have a filed a case against the Trustees. The suit also

have been filed by you in your personal capacity. The Appeal also you have gone to

the High Court against the order of the sessions court in your personal capacity. I

don’t understand what is the efforts of the Managing committee. Managing

committee has nothing to do with your suit.

Mr. Pradeep Ajila, Mem.No. A-73-L

Mr. Yogesh I will just remind you as you were not there in the Managing Committee.

Maybe you don’t know what happened. It is the Managing committee which passed

this resolution to go to the court where Shyamji’s Trusteeship is concerned. I just

want to put it on record.

Mr. Nitin Ghadiyar:-

This is a vexatious issue which has been going on for some time in repeated

meetings of the Annual General Body. What we have told you is we recognize Mr.

Shyam Shroff to be a Trustee of the Board of Trustees. The Annual General Body

has mentioned time and again that we would like good Trustee like Mr. Shyam

Shroff to be on the Board. I don’t know whether a resolution has been passed by the

AGM to the effect that Managing committee can authorize any expenditure ensuring

that the perverse judgement of the lower court is overturned by the High Court since

the matter is subjudice. The judgement of the Court in our view is bad in law and

therefore the Managing committee has gone against it in the High Court. The matter

is subjudice and is with the High Court. Mr. Shyam Shroff I would like on behalf of

the AGM to tell you that we are delighted that you are disputing the judgement of

the lower court. Please go ahead to the High Court. The Managing committee has

done right by empowering you to go the High Court. We would have preferred that

the Trustees resolve this matter between themselves. Since they have not resolved

it the Trustees are spending an amount. You are spending an amount. I would

propose a resolution to go ahead by defending your Trusteeship.

Mr. Shyam Shroff:-

I am not allowing any more discussions on this. In AOB I allowed Mr. Yogesh Talwar

to make a point. That is over.

AOB:-

65

Mr. Ajay Babla:- Mem.No. B-166-L

Respected Chairman, I have a suggestion. During Diwali we all give tips to our

trainers and staff. I have a suggestion that no trainer /staff should take any tip from

any member or any staff directly. Gymkhana should debit Rs. 100/- to each member

and distribute equally between all the Staff/Managers. This is because the back-

office staff does not get any benefit. I propose Rs. 100/- It will come to around Rs.

9 lac. We have around 100/- Staff. Each Staff will get around Rs. 9000/- as Diwali

gift. This has been followed by many clubs also.

Mr. Vijay Gwalani:- Mem.No. G-494-O

It is a brilliant recommendation that we as members should not tip them but can

be debited. However, I request that it should not be mandatory. Any member who

does not want to give can come to the office and revert the money. But in all spirit

of the festival it should be passed. We had a very sad mishap; I don’t want to get

into the details of it. A staff member lost his life for some reason. I request that when

judiciously a Staff/Manager retires after servicing us for several years Rs. 100/-

should be debited again to the members as a retirement fund so that he can happily

live his old age. This also if you wish can be reversed if you don’t want to give.

Mr. Shyam Shroff:- Mem.No. S-14-L

In case any member wants to pay more, he can pay and if you don’t want to pay you

may not pay.

Mr. Vipin Kolhi:- Mem.No. K-140-L

Many members may not want to give. I propose that instead of Rs. 100/- members

can give Rs. 200/-

It was unanimously resolved to charge all members a sum of Rs. 100/- only on

account of Diwali every year and to debit the same to their account.

Those who wish to pay more than Rs. 200/- only or those who do not wish to

contribute anything may inform the Gymkhana office accordingly.

It was further unanimously resolved to charge a sum of Rs. 200/- only on

account of Retirement of the Staff/Manager and debit the same to their

account.

Those who wish to pay more than Rs. 200/- or those who do not wish to

contribute anything may inform the Gymkhana office accordingly.

Dr. Sanjeev Mani:-

My name is Dr. Sanjeev Mani, Mem.No. M-297-L. I know it is the last issue in the

House but it is something that is very important and important for budding

sportsmen of Khar Gymkhana because we should remember that the soul of this

club is sports. This is regarding the conversion of my son Mr. Siddhant Mani who

applied in December 2018 and almost 8 months passed by it was not converted. I

66

know that there is no rule in the Constitution that makes him eligible and inevitable

that he gets Life Membership based on the sports criteria. But it has been usually

the case that most kids which fall in certain category is decided by the Managing

committee as well as the Secretaries of the respective departments they do take a

call on making them into a Life conversion. So, there are many kids who are fallen

in this category like Mr. Siddhant Mani in swimming, Mr. Siddhant Bhavnani in

Tennis, Mr. Shlok Makhija in Squash, Mr. Arjun Jashnani in Tennis, Ms. Pragati

Gupta in Swimming. The idea is that apparently a rule has been passed by the

Managing committee in July that they are going to change the criteria for awarding

Honorary Membership. But my request to the Managing committee is that you

should consider and encourage sportsmen rather than discouraging them.

It was unanimously approved by the House.

The same was proposed by Mr. Robert Lawrence and seconded by Mr. Vijay Gwalani.

Mr. Dharmesh Ashar:-

Mr. Jahan Ashar was already been given Life membership but it has been reversed.

So I request the House to please maintain that.

The House unanimously approved the same.

Mr. Jayesh Agarwal:-

Even my son’s name to be added but I paid up the fees for conversion. Mr. Vedant

Agarwal and Mr. Vidit Agarwal.

The House unanimously approved the same.

Mr. Shiv Malhotra:-

On the matter of Honorary Membership there has to be a set criterion going forward.

All these memberships are done. Going forward we must have a criterion because

we cannot dole out memberships to each and every one. Going forward, henceforth

this was proposed in the Managing Committee the criterion for awarding Honorary

Memberships would be based upon three criterions. National Championship,

Winner, Runner up Semi-finalist up to three years preceding the date of application.

Second criterion National Ranking Player Rank No. 1 to 4 in the National Federation

Ranking up to three preceding years of the date of application of membership.

International that is the third criterion Players selected by the National Federation

to represent India at the World Championships, Junior and Senior, Asian

Championships Junior and Senior, Olympics, Common Wealth Games up to three

years preceding date of application of membership. I propose this criterion to be

passed.

The above proposal of Mr. Shiv Malhotra was proposed by Mr. Vijay Gwalani

and seconded by Mr. Nilesh Ashar.

The above proposal was passed unanimously.

67

Since there was no other matter the meeting ended with a vote of thanks to the

Chair.

Confirmed by:-

President Hon.General Secretaries

MINUTES OF THE 87TH ANNUAL GENERAL BODY MEETING...

Documents

Transcript of MINUTES OF THE 87TH ANNUAL GENERAL BODY MEETING...