RAMPASAN HARTA di SEBALIK TABIR

HARAPKAN PAGAR, PAGAR MAKAN PADI.

RAMPASAN HARTA DISEBALIK TABIR

Berjuta Hasil Titik Peluh dan Darah Ahli Koperasi Direnggut oleh Suruhanjaya Koperasi Malaysia yang Dianggap Haram.

            Suruhanjaya Koperasi Malaysia (SKM), ditubuh dan diluluskan oleh Parlimen Malaysia pada tahun 2007, serta telah bermula operasi semenjak 1 Januari 2008.

Menurut Akta Suruhanjaya Koperasi Malaysia dibawah sub-tajuk Peruntukan Peletakhakan (5), menyatakan bahawa ;

Melalui perintah yang disiarkan dalam Warta, menetapkan suatu tarikh peletakhakan dan pada tarikh itu, segala harta, hak dan liabiliti—

a.    Kerajaan Malaysia.

b.    Ketua Pendaftar Koperasi.

c.    Pendaftar Persatuan Nelayan.

d.    Pendaftar Pertubuhan Peladang.

Telah dipindahkan serta diletak hak pada Suruhanjaya Koperasi Malaysia.

Malangnya,Jabatan Pembangunan Koperasi merampas dan mengambil alih tugas SKM, yang boleh dianggap HARAM.

2. Hal ini bertentangan dengan Perkenaan DiRaja dan penerbitan Warta.

3. Setelah RM300 Juta diisytiharkan sebagai Modal Suruhanjaya,  jumlah berkenaan malangnya tidak dimasuki ke dalam Akaun Suruhanjaya Koperasi serta pekara yang dibentangkan oleh Ahli Parlimen adalah lakonan semata-mata.

Tambahan pula, jutaan wang ringgit koperasi telah dirampas oleh SKM pada 31 Disember 2014 yang berjumlah RM400 Juta.

RM140 Juta telah digunakan oleh Pihak Koperasi secara haram untuk kegunaan jual beli bangunan dan tanah.

RM100, 000 telah dipindahkan ke Kumpulan Wang Pinjaman Pekerja. Malangnya, kakitangan kerajaan turut mengambil pinjaman dari koperasi dan bank.

RM3,480,408 telah diagihkan untuk program Transformasi SKM serta program Pindahan Menara SKM dari kumpulan wang dana subangan koperasi.

Sandiwara Perintis Rantaian Nilai Fidlot.

Ada juga sandiwara Projek Perintis Rantaian Nilai Fidlot di kalangan Suruhanjaya Koperasi.
RM 2 Juta telah diagihkan sebagai pinjaman kepada sebuah Syarikat Pembinaan sebuah koperasi. Dana yang berjumlah RM2 Juta pun turut hangus bersama.

Penyata Akaun pada tahun 2013, menunjukkan RM 1,208,629 dikenakan sebagai pengurusan dana olih SKM.

Penyata Akaun pada tahun 2014, yang menunjukkan RM1,197,207 turut dikenakan sebagai pengurusan dana olh SKM.

Warta Letakan Harta

Warta kerajaan yang telah dikeluarkan selepas tubuhan Suruhanjaya tidak diambil kira jumlah berbilion ringgit seperti  yang disenaraikan dibawah:

·         Bank Rakyat – RM150 Bilion

·         Moccis – Rm78 Juta

·         7 Tubuh Koperasi – RM130 Juta

*Lain-lain butir ada di dalam Buku Laporan Audit Negara*

Warta Kerajaan juga tidak memberi maklumat tentang Koperasi Nelayan serta Hal-Ehwal Koperasi Peladang. Warta kerajaan TIDAK LENGKAP.

Butiran berkenaan dengan berberapa Tubuh Koperasi APEKS telah dibubarkan : -

·         Koperasi Nasional Sekolah

·         Koperasi Pembangunan Negara

·         Koperasi Perumahan Negara

·         Koperasi Pembangunan Industri Daerah

·         Koperasi Bela Rakyat (KOBERA)

Maklumat bagi badan-badan berkenaan telah dimaklumkan kepada Perdana Menteri, Timbalan Perdana Menteri serta 3 (tiga) Menteri-menteri yang berkenaan. Tetapi, sehingga kini tiada sebarang tindakan diambil.

Warta Kerajaan Persekutuan yang Lupus.

Peraturan-peraturan Suruhanjaya Koperasi Malaysia (Akaun Deposit Koperasi tahun 2014), bertentang Seksyen 42(3), Akta Suruhanjaya Koperasi Malaysia 2007. Peraturan tersebut telah dilupuskan semasa pengisytiharan Akta Suruhanjaya 2008. Oleh itu, Warta Kerajaan 2014 tidak boleh digunakan untuk Suruhanjaya Koperasi Malaysia.Tindakan Suruhanjaya membuat kutipan wang untuk Akaun Deposit boleh dianggap keganasan kewangan.
Kedua-dua pekara diatas dikategorikan haram di sisi undang-undang.

Penyata Kewangan Tahunan.Semenjak penubuhan Suruhanjaya Koperasi Malaysia dari tahun 2008 sehingga 2014, laporan palsu dikemukakan kepada Parlimen Negara.

Dana Suruhanjaya (Letakan)

Didapati bahawa dana yang berkenaan yang berjumlah RM30,470,005 pada tahun 2014, tidak diisytiharkan di dalam Warta Kerajaan mengikut Seksyen (5) Akta Suruhanjaya Koperasi Malaysia.

Laporan kepada Ketua Audit Negara

Semua perkara teaalh pun di rujuk kepada Ketua Audit Negara, Tan Sri Ambrin pada 1hbOktober2010,tetapi runtuhan ini telah tidak ambil kira hampir sekarang.

Koperasi Menengah

Kesatuan koperasi Malaysia,,Kesatuan Koperasi Midlands dan Angkatan koperasi Kebangsaan Malaysia(ANGKASA) telah di daftarkan sebagai koperasi menegah meng ikut Akta koperasi 1993. 3 Koperasi Menengah ini tidak sumbangkan ke Kumpulan Wang yang telah di tetapkan dalam Akta koperasi 1993. Tindakan tertentu mesti di ambil atas 3 koperasi ini.

Sekian Terima Kasih.              

Thuraisingham Shan

Cooperative and Management Consultant                                        

    Thuraisingham Shan was the first Malaysian to be awarded the Bonow Fellowship Award by the International Co-operative Alliance.  He possesses about 45  years of experience in the cooperative movement, having held positions in various capacities and as Director of the Jaffnese Co-operative Housing Society, Secretary of the Finance Bureau Co-operative Union of Malaysia.  He was amongst the nine nominees worldwide who vied for the Rochdale Pioneer award in the International General Assembly of the International Co-operative Alliance in Cartegena.  He has held the position of Head, Finance and  Administration of the Federation of Family Planning Associations, Malaysia and as Executive of the Malaysian  Totalisator Board.

Co-op Society ACT

Amendments to Co-op Societies Act contrary to constitution

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Thuraisingham Shan     Published Today 6:56 am     Updated Today 6:59 am     0 comments

A legal action had been filed at the High Court in Kuala Lumpur to challenge several of the provisions in the Malaysian Co-operative Commission Act 2007 and the Co-operative Societies (Amendment) Act 2007) which came into force on Jan 1, 2008.

It is vehemently considered that it is unreasonable for its capital, which has been built over the years for the benefit of its members as a result of good management, to now be taken away and used by the government without adequate compensation. The requirement for an outside authority approving the members of the board is also an unreasonable restriction on the rights of the members to manage the co-operatives democratically.

The movement had perforce to look for justice in the Halls of Justice because leading co-operators feel aggrieved by several of the provisions which unreasonably restrict the fundamental liberty of members of co-operatives to associate under Article 10 of the federal constitution.

• The fundamental liberty of co-operatives to be deprived of its property for the use of the government without adequate compensation in accordance with Article 13 of the federal constitution.
• The fundamental liberty of the officers of co-operatives to be subjected to arbitrary arrest under Article 5 of the federal constitution.

The legal action filed for and behalf of the co-operative movement as a whole seeks declarations that:

• Section 43 (1) of the Malaysian Cooperative Societies Commission Act 2007 requiring all cooperative societies to deposit their funds not immediately needed for operations or investments into the Cooperative Deposit Account and Section 42(2) of the Act requiring cooperative societies to pay a percentage of its share capital, subscription capital and assets to the Central Liquidity Fund without providing for adequate compensation for the compulsory acquisition for use of the funds is inconsistent with Article 13 (2) of the federal constitution and is therefore invalid pursuant to Article 4 (1) of the federal constitution.
• Section 42 (1) of the Malaysian Co-operative Societies Commission Act 2007 enables the Malaysian Co-operative Societies Commission to compel any cooperative society by order in writing to contribute to the Central Liquidity Fund established under Section 42 of the Act and money howsoever raised or received by the federation and ought to be paid pursuant to Article 97 of the federal constitution to the Federal Consolidated Fund from which withdrawals are permitted in the manner stated in Article 104 of the federal constitution and Section 42 (1) of the Act is therefore invalid under Article 4 (1) of the federal constitution for being inconsistent with the federal constitution.
• Section 54 of the Malaysian Co-operative Societies Commission Act 2007 which stipulates that every offence punishable under the Act, the Co-operative Societies Act 1993 or any other written law enforced by the Malaysian Co-operative Societies Commission shall be a seizable offence and that a police officer not below the rank of inspector or an Investigating Officer may arrest on reasonable suspicion without being required to state the reasons for the arrest is inconsistent with Article 5 (1) and (3) of the federal constitution which provides that no person shall be deprived of his life or personal liberty save in accordance with the law and further requires that the person arrested shall be informed as soon as may be of the grounds of his arrest and be allowed to consult and be defended by a legal practitioner of his choice and the said Section 54 of the Act is therefore invalid under Article 4 (1) of the federal constitution.
• Section 43 (2) of the Co-operative Societies Act 1993 (as amended by the Co-operative Societies Amendment Act 2007) requires that a co-operative society shall, prior to the appointment or re-appointment as a member of the board of a co-operative society, seek verification from the Malaysian Co-operative Societies Commission on whether such person satisfies the fit and person criteria as , seek verification from the Malaysian Co-operative Society be specified by the Malaysian Co-operatives Societies Commission is inconsistent with the citizens' fundamental right of freedom of association guaranteed by Article 10 (1) of the federal constitution and not excepted by Article 10 (2), 10 (3) or 10 (4) of the federal constitution.

Safeguarding interests of members

This legal action has been initiated to safeguard the interests of its members and their savings.

On Friday, March 19, 2010, Justice Lau Bee Lian dismissed the originating summons filed on Jan 2, 2008. the solicitors for the co-operatives filed an appeal in the Court of Appeal on March 25, 2010 on the matter and also wrote to the learned judge’s secretary for the notes of proceedings and the judge’s grounds of judgment.

The President of the Court of Appeal gave leave of appeal to file the appeal records within three weeks of receiving the notes of proceedings from the High Court.

The society’s solicitors had appealed to the High Court for the notes of proceedings and the grounds of judgment and had been advised by the secretary to the learned judge that the notes and grounds of judgment would be given “when they are finalised”.

The co-operatives were distressed over this gross delay denying justice and millions of members of co-operative societies in Malaysia were awaiting a review “by all and any means” of the Co-operative Act based on the points raised in the Courts.

Meantime, the Co-operative Societies Commission of Malaysia is continuing issuing guidelines which are said to be mandatory at this stage based on the provisions of the Revised Act which the co-operatives are completely against. The co-operatives consider these guidelines to be ultra vires and a contempt of court.

Members of co-operative societies wishing to stand for election as directors must now obtain the written permission of the commission after going through a gamut of procedures.

Reserves which had in past years been created for future shortfall in dividends on share capital cannot now be used to pay the current year’s dividends without the prior written approval of the commission.

The very principles of the co-operative movement, as enshrined in the principles promulgated by the Rochdale Pioneers nearly a hundred and fifty years ago in Manchester, United Kingdom and the principles which have been adopted universally by the International Co-operative Alliance which is composed of more than 100,000,000 individual members from all over the world is now being sullied and brutalised in Malaysia with currents bordering on ‘political’ bureaucracy.

Finally, the High Court released a fair copy of the judgment and the solicitors had filed their documentation to the Court of Appeal. The matter had come up on four (4) different occasions and is still in limbo, with continued adjournment.

The delay in the courts denying justice to more than 9,000,000 members of co-operatives in Malaysia strikes at the very heart of democracy and human rights and there is a foreboding that the cooperative movement will be fully politicised and the funds of the co-operatives put to abuse by vested political masters and their cronies. Many members of co-operatives have resigned from their societies out of disgust.

The people’s movement of 90 years is in limbo.

The movement is now working out strategies to use its power through the membership to stake this matter up through the ‘ballot box’ at the forthcoming general election because no other language seems persuasive to the politicians or the Courts of Judicature.

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THURAISINGHAM SHAN is a co-operative and management consultant.

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Pitting Race Against Truth and Facts

By Thuraisingham Shun
It is indeed an irony that an Indian representative cannot be compromised for one or two seats rather than a monopoly of one community 1st January 2008 saw the implementation of the reluctant Malaysia Cooperative Act, with its draconian laws set to scrounge more funds from the people’s organisation - the Malaysian cooperative fraternity. With much dissatisfaction and insecurity, this issue has been taken to the Malaysian courts for redress. The Malaysian Cooperative Commission is spearheaded by twelve members, appointed by the King, on the recommendations of the Minister responsible for the cooperative movement. No Indian representation was preferred in the 12 member Board. Shortcomings of our non-representation were highlighted by the leader of our Indian community in the media. Sad to say, the Executive Chairman of the Cooperative Commission had reasoned to the media that one member of the Board was a Chinese and the rest were Malays. His reasoning was that the Malaysian Indian population was 7% and the number of Indian cooperatives being only 84, was only 2% of the number of cooperatives as such Indian representation is not needed. Recapitulating - the first cooperative in our nation was initiated by 9 members of the Ceylonese community and they formed the Jaffanese Cooperative Thrift and Loan Society in 1922 - as it was a communal cooperative, it was only registered in 1924. The pioneers of this movement then proceeded to form the Telecoms Cooperative, the cooperative for the staff of the postals, the staff of the railway. In fact this group pioneered the first 20 Cooperatives for our nation, and these cooperatives still continue to exist, viable and strong. It is indeed an irony that an Indian representative cannot be compromised for one or two seats rather than a monopoly of one community. The recent classification of the multiracial Malaysian cooperative movement in racial overtures by Dato Mangsor Saad, the Executive Chairman of the Malaysian Cooperative Commission, does not augur well for the movement of 87 years. The way the Malaysian Indian population is being quantified in a racial slur is unbecoming of an officer chosen to resuscitate the ailing cooperative movement and is an insult to the community concerned. This little napoleon has now stepped on racial sentiments, whilst he was the culprit who was responsible for the drafting of the reluctant Cooperative Commission Act, and the Cooperative Act 1993, which has strayed into the Malaysian Constitution on the rights of forming associations and trying to moblise funds in contravention of the Malaysian Constitution. Appointments to the board of the Commission is the prerogative of the King, and the Minister responsible for the department concerned commenting on the appointments by Dato Mangsor is a slur to the Indian community. The statements hurled are immature statements by a so-called guardian of the cooperative fraternity. This, again, is in contravention of the Malaysian Prime Minister's idealogy of the 1 Malaysia concept. He was the culprit who was responsible for the drafting of the acts, and he has wormed his way to the top position to be Chairman of the Cooperative Commission. And this is a conflict of interest. Likewise his making announcements is subjudice when the matters are being contested in the courts. This is deemed contempt of court. This little napoleon has stirred up a constitutional matter which is in the Malaysian courts for redress. In public forums and do*****ents, he has made degrading statements that members of the Malaysian Cooperative fraternity are inferior to members of “negara negara maju”, who are well informed, know their rights and exercise their rights properly. These remarks show how ill informed, prejudicial and colonial minded Mangsor Saad is. The amendment to the acts and the implementation of the same has denied the members the right to select their own office bearers.Billions of savings of the prudent and successful Indian cooperatives are being compelled to transfer their reserves. Such savings and excess funds are transferred to the coffers of the Cooperative Commission to manage in contravention of the noble constitution. He has classified that 95% of the cooperatives are bumiputra inclined and 2% as Indian based and 3% of Chinese and others, which is totally untrue. He has overlooked the fact that 50% of cooperatives are multi-racial based. His classifying the movement in a racial sentiment is indeed uncalled for. LOOKS LIKE HE IS CREATING A HALAL HUB for the multiracial COOPERATIVE movement. Out of the 86 Indian cooperatives classified, it could well be amplified that these cooperatives are SOLVENT and STRONG, HEALTHY and VIABLE. It is a known fact that RM150 million was used to resuscitate Bank Koperasi Rakyaat, and Bank Koperasi Rakyaat was involved in the Tinju Dunia episode and had not held their Annual General Meeting for 15 years and they are in a catch 22 situation with fictitious loans. And a major subsidiary is on provisional liquidation. Likewise billions of government funds have been infused to resuscitate ailing and bankrupt cooperatives, which are yet to be resuscitated. Dato Mangsor has crossed the borders of democracy by creating draconian laws - failing to view the logic that the threat of arrest without a warrant is overboard, drafting laws to provide total immunity to himself and his officers. It was stated in Parliament that cooperative officers were privy to allowances from cooperative organisations. Over and above the cooperative movements, funds moblised for the Education Trust Fund and the Cooperative Development Trust Fund over the years have seen no transparency and accountability. Funds mobilised from deregistered societies have been misused. Now the movement is at the mercy of contributing to a number of funds created by the Cooperative Commission Act. The department is in ignorance of government investments in cooperative ventures. The cooperative movement which was the 3rd economic sector of the nation has been dragged down as the 4th engine of growth.The cooperative movement is in a precarious situation and needs to be resuscitated. The Cooperative Commission is ill-equipped to manage the movement. Millions expended for government sponsored apex organisations are in limbo. Government infused funds are in limbo. Management of cooperatives have been ill-advised by the authorities. Ill-experienced consultants have been contracted to study the movement. Two Ministers have come and gone, the rules and regulations are yet to be gazetted, preceded by the vesting orders which have to be first gazetted before the rules and regulations are implemented. If the Government can be transparent and accountable, it is hoped that the audited accounts of the Cooperative Commission for the year ending 2008 is made available to the movement at large to gauge the viability of the Cooperative Commission to manage the cooperative funds. Private Sector Initiative (PSI) programmes have been long submitted to the Prime Minister, the then Minister of Cooperative and Entrepreneur Development, the Education Minister, the present Minister of Consumers and Cooperative Affairs, the Minister of Women’s Development and other organisations some of which has been hijacked. The Malaysian cooperative movement must face the challenges of globalisation and to change towards a new direction of viability to instill confidence to the 6,000 cooperatives with a membership of 6 million snowballing to 13 million with family members included. This organisation cannot be manipulated any more. It is a people’s organisation built over trust, stability and self confidence with the sweat and blood of our pioneers. Our team would be initiating discussions with our Prime Minister to resuscitate the ailing cooperative sector soon.Thuraisingham Shun is a Cooperative and Management Consultant, he was the first Malaysian to be awarded the Bonow Fellowship award by the International Cooperative Alliance, Geneva and was the only Malaysian amongst nine nominees worldwide for the Rochdale Pioneer Awards in Cartegena.
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