The Poona plaint

After some years of relative peace the trustees of the Poona Parsee Panchayat (PPP) are faced with questions of procedure and principle from a retired executive of a shipping company who has chosen to settle in Poona for family reasons. Rustom Ginwalla, a postgraduate in finance management who has been secretary, treasurer and committee member of the Madras Parsi Zoroastrian Anju­man for 18 years according to his letter to the Poona Parsis dated April 16, 2006, has slammed the PPP trustees on charges of non-transparency.

Ginwalla’s charges range from the avoidance of an annual general meeting (AGM) since November 2004, the retrospective approval of the general body in the appointment of the auditor, the pending of accounts, to demands for an explanation of inflated construction costs of the Jeejeebhoy Buildings and the proposed Aspandiar Baugh – envisaging ownership apartments – which he computed at four crore rupees and 5.5 crore rupees respectively.

Hence, when the AGM was convened on June 10, 2006, an embattled PPP board of trustees preferred to oppose the presence of the Parsi Press. Though Parsiana had specifically journeyed to Poona to present a dispassionate account of the proceedings for the benefit of the wider community, when trustee Dara Irani addressed the gathering at the appointed time of 5 p.m. at the Pudumjee Hall on Synagogue Street, postponing the start of the meeting by 30 minutes in accord with the PPP constitution for lack of quorum, he pointedly noted that the meeting was open only to bonafide members of the PPP. On this reporter seeking to confirm whether this remark was indeed directed at her, she was politely requested to withdraw in the interest of the hallowed tradition of keeping the Press out! An account of the event from the trustees, as promised, was received by e-mail (see box).

Ginwalla’s open letter of April 16 merely acquaints the community with the highlights of the correspondence with the PPP since December 20, 2005 querying the basis for the Rs 999 per sq ft rate for Aspandiar Baugh advertised by the PPP. Quoting The Times of India rate of Rs 600/sq ft construction cost as applicable to the area and proceeding on the premise that the project is "being constructed on a no profit basis as the same has been sent to the Charity Commissioner (CC),” Ginwalla notes, "We feel that the rate proposed is higher by at least Rs 300/sq ft. For a total leaseable area of 183,336 sq ft, this amounts to over Rs 5.5 crore. To our mind, the trustees owe all applicants an explanation.”

A second "open letter” of December 20, 2005 followed, asking, "AGMs – are they held once in five or three years?” The letter notes that the AGM in 2004 had presented accounts "for four of the last five years…Whenever you hold the next AGM I wish to move the following motion for consideration of the general body: ‘This general body of the PPP is distressed at the manner in which this institution is conducting its affairs. The annual report for the last two years is pending. This meeting wishes to express its disenchantment with the trustees and reprimands their method of functioning.’” Ginwalla also questioned the propriety of maintaining a large part of the funds of the PPP in the Zoroastrian Co-operative Bank where one PPP trustee is a director and another the manager.

In the PPP’s response of January 5, 2006 the chairman, currently Firdosh Kayani, notes, "Since we are now ready with the audited accounts as on March 31, 2005 we shall shortly convene the AGM.” Replying on January 10, 2006 Ginwalla gave advance notice: "I have two issues which I intend to take up at the AGM — rate being charged for Aspandiar Baugh and delay in holding of AGM. Two days later he wrote to the CC apprising that authority of his reservations on the functioning of the PPP.

The technicalities raised by Ginwalla regarding the post facto approval of the appointed auditor (it is the general body which appoints the auditor, providing the authority to oversee a particular set of accounts) and the parking of PPP funds in the Zoroastrian Co-operative Bank were "pooh-poohed” at the AGM by the trustees and Dr Keki Grant in his speech, Ginwalla later told Parsiana on the phone. Grant was also strongly critical of "dirty linen being washed in public.” And bowing to the pressures of the worthies Ginwalla says he agreed to withdraw his petition from the CC. He even agreed to support the resolution that this team of trustees has done a lot for the community.

However, on June 13 he wrote to the trustees to say that his complaint regarding the costing of Jeejeebhoy Buildings and Aspandiar Bagh will be withdrawn only on receipt of a satisfactory explanation. In the letter he notes, "I found Dr Grant’s speech at the AGM very amusing. Parsis are known for their integrity — their Income Tax returns are always accepted. Next breath – why did I go to the CC — do not wash dirty linen in public. My question is, How did dirty linen come into a community of such integrity?”

The case came up before the Joint CC on June 19. According to Ginwalla, the trustees’ lawyer sought time to respond, noting that Ginwalla had stated at the AGM that he was withdrawing the case, but is now not withdrawing. The next meet before the Jt CC is scheduled for July 10, 2006, as informs Ginwalla.

The PPP’s official account

The meeting was attended by 128 members. The minutes of the 47th AGM were read and confirmed, and no matters arose out of the minutes. The audited statement of accounts for the financial years ending 31/03/2004, 31/03/2005 were passed with some corrections.

The appointment of auditor Mr Adarbad Hozdar, CA, for financial years ending 31/03/2004, 31/03/2005 and 31/03/2006 was approved and ratified. Mr Adarbad Hozdar is appointed auditor for the financial year ending 31/03/2007.

An inspiring speech was given by Dr Keki B. Grant, which was applauded by one and all members present and the trustees. Other speakers were Mr Sam Khambatta, Mr Rustom Dubash, Mr Rustom Ginwalla, Maj Boman Amaria (Retd) and the trustees.

Mr Rustom Ginwalla gracefully accepted to withdraw his petition filed under Section 41-D of the Bombay Public Trusts Act, before the Joint Charity Commissioner against the board of trustees, in the larger interest of the community. The board of trustees express their gratitude to all the members who were present and cooperated in the successful conduct of the annual general meeting.

Board of Trustees

Poona Parsee Panchayat