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Minutes Of The Thirty Sixth Annual General Meeting Held
On 19th September 2014 at 17.00 hours in the Presidential Ballroom
in Hotel Vivanta by Taj President, 90, Cuffe Parade, Mumbai – 400 005
As the required quorum was not available at 5 p.m., the meeting commenced at 5:30 p.m.
Attendance List is attached as Annexure I
1. Announcement & Initiation of the AGM by Mr. C. S. Murty, Secretary General
Mr. C. S. Murty, Secretary General threw open the 36th AGM with an informal welcome to all those who attended. Besides chanting a prayer to the Almighty, urged all to co-operate and ensure that the event till conclusion will be held smoothly and pleasantly without any obstacles. He also read out the important points and the changes in the pattern of the Annual Report w.r.t. Accounts by inclusion of the Sports expenses and amalgamation of all activities under MANSA Balance Sheet. Attendance of the Executive Committee Members in the Meetings during the Year 2013-2014 was read out. He also invited attention of all Members present to the Sections which mostly cover often raised queries by the General Body. Having given the preliminary introductory information and inviting the President, Vice-Presidents, immediate Past President and Mr. C. R. Nambiar, Election Officer who were seated on the dais handed over the mike to the President for delivering the Welcome Address and conducting the proceedings further.
2. Welcome Address by Mr. K. P. Unnikrishnan, President
Welcome Address is attached as Annexure II
Cont'd. Pg. 2
: 2:
3. Confirmation of Minutes of the 35th Annual General Meeting Held on 20th September 2013
The Minutes of the 35th AGM held on 20th September 2013 was taken up for discussion. The Members had already glanced at the Draft minuted and after some deliberations it was unanimously confirmed by passing the following resolution:
“Resolved in the Thirty Sixth Annual General Meeting of the Association held on 19th September 2014 that the Minutes of the Thirty Fifth Annual General Meeting held on 20th September 2013 are hereby confirmed by the General Body.”
Proposed by: Mr. Keki M. Master
Seconded by: Capt. Vivek S. Anand
The Secretary General stated that the Amendments to the Rules & Regulations of MANSA in Minutes of the 35th AGM held on 20th September 2013 are pending for approval. After some deliberations it was unanimously approved by passing the following resolution:
“Resolved in the Thirty Sixth Annual General Meeting of the Association held on 19th September 2014 that the Amendments to the Rules & Regulations of MANSA in Minutes of the Thirty Fifth Annual General Meeting held on 20th September 2013 are hereby approved by the General Body.”
Proposed by: Mr. Dinesh K. Lal
Seconded by: Mr. R. S. Swamy
4. Receive & Adopt the Annual Report and Audited Statement of Accounts for 2013-2014
The Annual Report for the period 2013-2014 & the Balance Sheet and the Income and Expenditure Statement for the period ending 31st March 2014 were perused. After perusal, the Members deliberated and unanimously adopted the same by passing the following Resolution:
“Resolved in the Thirty Sixth Annual General Meeting of the Association held on 19th September 2014 that the Annual Report for the period 2013-2014 and the Audited Statements of Accounts for the Year ended on 31st March 2014 be and are hereby adopted.”
Proposed by: Mr. Vijayan C. D'Souza
Seconded by: Mr. K. P. Desai
Cont'd. Pg. 3
: 3 :
5. Appoint Statutory Auditors For The Next Year & Fix Their Remuneration
The Members were informed that applications were received from the present Auditors M/s. T. M. Mullaji and Co., Chartered Accountants and also on MANSA's request from M/s D. J. Shukla & Co. to work as Auditors for the next Financial Year 2014-2015. The General Body after some discussions decided to appoint the services of M/s D. J. Shukla & Co. as Statutory Auditors for the year 2014-2015 by passing the following Resolution:
“Resolved in the Thirty Sixth Annual General Meeting of the Association held on 19th September 2014 that M/s D. J. Shukla & Co., Chartered Accountants, be appointed as Statutory Auditors of the Association for the Year 2014-2015 and their remuneration be Rs.45,000/- plus applicable Service Tax for the Year 2014-2015.”
Accepted Unanimously
- Mr. K. P. Unnikrishnan, President pointed out that earlier way of preparation of Accounts and filing of Tax Returns has to be corrected to ensure rectification of some erroneous omissions and commissions occurred by which MANSA unwittingly have infringed the Rules and might face verification proceedings by Tax Authority any time. MANSA has to take measures to rectify and also ensure proper procedure is adopted in future to circumvent any likely punitive imposition by the Tax Authorities.
- Mr. K. P. Desai said that henceforth one of the Vice-Presidents should look after the Accounts of MANSA and the Accounts of the Sports & Cultural Sub-Committee which should be merged with the main Accounts of MANSA. He asked the Secretary General to apprise the Vice-President concerned for the purpose and also added that one of MANSA Members may send their Accountant periodically to visit MANSA Office quarterly and oversee the transactions and records maintained.
- Mr. C. R. Nambiar said one of the Vice-Presidents who takes care of MbPT issues should look after the Administration matters of MANSA.
- Mr. K. P. Unnikrishnan said that MANSA has to pay Income Tax for the past year or so and the same is being worked out by the Income Tax Consultant.
Cont'd. Pg. 4
: 4 :
- Capt. P. P. Singh expressed that as per advice of the then CA, the Executive Committee Meeting decided to treat Non-Members of MANSA as Associate Members to reduce the Income Tax liability. Current Executive Committee Members have already discussed this issue minutely in the 24th EC Meeting held on 27th August 2014 and have taken a conscious decision to take fresh / second opinion of another C.A., irrespective of the earlier views and actions. The conclusive evidence and application of combined wisdom indicate an urgent need for change in the Policy as per the advice received.
Accordingly, the Members, having considered the opinion were very much convinced and inclined to set aside all doubts as well as clear all Tax Liability without any trace of stigma that may be assigned to MANSA in future that we had even tried to misrepresent for avoiding the Tax liability.
It was also decided for enabling MANSA to ensure maintaining of accounts in proper manner, a person who is well conversant with the Tax liabilities / Procedures should be engaged. Mr. K. P. Desai agreed to help in the matter. He would ask Ms. Hema Pillai, a well versed tax advisor who does the work of a number of Ship Agents at Anchorage to assist MANSA also at a remuneration, to be predetermined.
6. Activities Of MANSA For The Year 2013-2014 For Deliberation
The President informed the Members that JNPT had dissolved the present Board of Trustees and the Ministry had constituted a new Board for 1 year in which only AMTOI has been given berth and all other Associations have not been given any seat.
President also stated that MANSA had a Joint Meeting with DG Shipping regarding Light Dues & VTMS Charges along with CSLA & INSA where it was decided to engage a Consultant to study rationalisation of Light dues and VTMS charges. Accordingly, all Associations jointly agreed to appoint M/s I Maritime consultant at a fee of 6 lakhs to be cost effective and economical. MANSA agreed to bear its share of Rs.2 Lakhs in the cost along with INSA and CSLA. We consider the recommendations on levy of dues in lieu of Light Dues on Deck Cargo / Containers and VTMS Charges by the Consultant.
- Mr. C. R. Nambiar while talking about proposed MMTG Act, said all the charges that are collected at the destination should be declared as an addendum to the Bill of Lading to make it more transparent. Self Regulatory Organizations (SROs) have to be set up for redressing the grievances of the Trade. The Bill of Lading is a Contract between the Shipper and the Consignee. Ship Agents do not deal with MTD which is only for export.
Cont'd. Pg. 5
: 5 :
- Mr. Dinesh K. Lal said Ship Agents need to change their thinking. Instead of taking other Trade bodies problems on our heads we should pass the ball back into their court and according to duly declared services requirements in advance, they should be charged. The service seeker should be made clear in his understanding that for the services he is seeking he has to accept liability for its cost factor.
After some discussion, the Members expressed that MANSA should launch newer and innovative methods to safeguard its futuristic image in the Shipping Industry and the Trade in upcoming drastic changes in Management of Ports, considering the mileage being seized by various fractions / sections of the Trade either by money power or by political power.
7. To Announce the Election Results of the Executive Committee by the Election Officer.
Mr. C. R. Nambiar, the Election Officer declared the results through a Power Point presentation. He expressed disappointment that only 57.4% votes were cast which was less than the percentage of voters for the Lok Sabha elections.
SUMMARY OF DISTRIBUTION OF VOTES IN THE ELECTION BALLOT
IN THE DESCENDING ORDER OF THE HIGHEST VOTES RECEIVED
S. No.
|
Name of Candidate
|
Name of Company
|
No. of Votes
|
1.
|
Capt. Vivek Singh Anand
|
M/s NYK Line (India) Ltd.
|
45
|
2.
|
Mr. Keki M. Master
|
M/s ‘K’ Steamship Agencies Pvt. Ltd.
|
45
|
3.
|
Mr. Hiren Chandrakant Ved
|
M/s Parekh Marine Agencies Pvt. Ltd.
|
44
|
4.
|
Capt. Ramchandran R. Iyer
|
M/s Seahorse Ship Agencies Pvt. Ltd.
|
44
|
5.
|
Capt. Om Prakash Dhondiyal
|
M/s J. M. Baxi & Co.
|
43
|
6.
|
Capt. Vinod Nair
|
M/s 'K' Line (India) Pvt. Ltd.
|
42
|
7.
|
Capt. Dhananjay Vasant Javadekar
|
M/s MSC Agency (India) Pvt. Ltd.
|
39
|
8.
|
Mr. R. Subramaniam Swamy
|
M/s Sai Shipping Co. Pvt. Ltd.
|
39
|
9.
|
Mr. Rajnish Khandelwal
|
M/s United Liner Agencies of India (P) Ltd.
|
39
|
10.
|
Mr. Brian Robert Alexander
|
M/s Marco Shipping Services Pvt. Ltd.
|
35
|
11.
|
Mr. Sanjay Sharad Dalvi
|
M/s Seaworld Shipping & Logistics Pvt. Ltd.
|
32
|
Cont'd. Pg. 6
: 6 :
12.
|
Capt. Gave K. Sarkari
|
M/s Merchant Shipping Services Pvt. Ltd.
|
27 *
|
13.
|
Mr. Mayur Piyush Pal Singh
|
M/s Shaan Marine Services Pvt. Ltd.
|
27 *
|
14.
|
Capt. Parkash Lakha Singh
|
M/s Prudential Global Logistics Pvt. Ltd.
|
27 *
|
15.
|
Mr. Mukesh Mahendra Prasad Oza
|
M/s Samsara Shipping Pvt. Ltd.
|
25
|
16.
|
Mr. Jayant Ruplal Nangia
|
M/s Transindia Shipping & Logistics Pvt. Ltd.
|
25
|
17.
|
Capt. Jamshed Meherwan Irani
|
M/s Ahura Logistics Pvt. Ltd.
|
24
|
18.
|
Capt. Manish Verma
|
M/s Oasis Shipping Pvt. Ltd.
|
13
|
19.
|
Capt. Sanjay Bharadwaj
|
M/s ACT Infraport Ltd.
|
11
|
20.
|
Mr. Subhro Basu
|
M/s Ben Line Agencies (India) Pvt. Ltd.
|
10
|
* Sr. No. 12, 13 & 14 are tied up with 27 votes each for the 12th Member of the ECM.
Some Members expressed there is a need for a change in the Election Process. It was felt that even those Ballot Papers with less number of votes should be accepted. Some others felt that the results should be announced a week before the AGM to enable the new Committee to decide amongst themselves on the choice of President and Vice-President. It was also felt that the profile of the Candidates be circulated to enable the Members to cast their vote for the right and capable candidate who would work for the benefit of MANSA. Further it was stated that the elected President should give a presentation to the Executive Committee on what he intends to do in the next 2 years and he should choose the 2 EC Members whom he wants to have as Vice-Presidents to assist him.
Since there was a tie for the 12th seat to the Executive Committee by 3 Members, the Election Officer stated that either 2 of the 3 Members could withdraw their candidature or they could have an election to choose one among the three by show of hands or by secret ballot. None of the three members in the tie came forward for withdrawal on the spot. Thereafter as per discussions, the President concluded that MANSA Secretariat would send out fresh Ballot papers the next day Saturday 20th September 2014 and Fresh Elections would be held on the following Friday 26th September 2014 after which the newly elected Committee Members would meet on Monday 29th September 2014 to elect the President and Vice-Presidents from among them.
Cont'd. Pg. 7
: 7 :
The General Body approved the Presidents suggestion since there is an urgent need to formulate the new Executive Committee forthwith as the duration of the old Committee expired and become inoperative to run the show day to day.
8. Any Other Business of which notice may be given by a Member at least 7 days prior to the date of the AGM
NIL
9. Any Other Business with the permission of the Chair
NIL
10. Summing Up & Vote of Thanks by Capt. G. K. Sarkari, Vice-President
Since there was no other business, the meeting ended with Vote of Thanks by Capt. G. K. Sarkari, Vice-President who thanked the Fraternity of the Maritime Industry for extending its support to MANSA, enabling it to serve the Shipping Industry and Trade at large and the Shipping Agents in particular.
Copy of the Vote of Thanks is attached as ANNEXURE III.
There being no further issues for discussion, the AGM ended with thanks to the Chair and everyone proceeded for the Cocktails and Dinner arranged from 1900 hours at the same venue.
C. S. Murty
Secretary General MANSA
Pgs. 1-7
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