DRAFT BYE –LAWS OF
SISPAL VIHAR AWHO WELFARE SOCIETY MAINTENANCE FORMED UNDER RULE 76 OF MASTER BROCHURE OF ARMY WELFARE HOUSING ORGANISATION (AWHO) GURGAON TO BE REGISTERED UNDER THE SOCIETIES REGISTRATION ACT OF 1860
I - PRELIMINARY
1. The name of the Society is “ SISPAL VIHAR AWHO Maintenance Welfare Society” and it’s registered address is :-
SISPAL VIHAR AWHO WELFARE MAINTENANCE SOCIETY,
SISPAL VIHAR, AWHO Complex,
SECTOR-49, SOHNA ROAD,
GURGAON-122 018 (HARYANA)
2. Any change in the address shall be notified to the Registrar within 14 days.
3.
(a) In these bye-laws, unless the context otherwise requires “Act” means the Societies Registration Act of 1860.
(b) All words and expressions used in these bye-laws and defined in the Act shall have the meanings respectively assigned to them in that Act.
(c) These bye-laws will be read in conjunction with Army Welfare Housing Organization (AWHO) rules as laid down in Master Brochure (as amended from time to time) and AWHO rules will not be superseded in any way
II - OBJECTIVES
4. Its objectives shall be:-
(a) To manage the land on which dwelling units and other buildings have been allotted by AWHO to the registrants/ members of the Society.
(b) To manage, administer and maintain the SISPAL VIHAR AWHO Complex, Gurgaon.
(c) To maintain at the expenses of its members all common services like lifts, generators, water pumping sets, roads, parks, gardens, relevant storm water drains and sewers, street lights and other properties, and to ensure sanitation and arrange sweeping of common stair cases, galleries, paths, roads and drains etc. Also provide at the expense of it’s members the Facilities Services decided by the Sispal Vihar Welfare Society.
(d) At the expense of its members to arrange and undertake external repairs, colours/cement wash, distempering or whitewashing of common assets, towers and other buildings whenever necessary.
(e) To recover from members and pay all ground rents, fees, rentals and taxes for common facilities and pay to the concerned authorities.
(f) To lease/rent shops, club house facilities, Schools , community centre etc. and recover rent and society monthly charges from members of the Society as fixed by the Managing Committee for its efficient functioning and Pay all dues, salaries to its employees, pay to the outsourced facility agencies and payment of bills for maintenance services.
(g) To maintain adequate staff to undertake day to day minor repairs inside the flats at the request and expense of the occupants.
(h) To take all such steps as deemed fit to curb/remove unauthorized additions and alterations in the dwelling units and unauthorized occupation and possession of common areas by the allottee(s), with the help of local/municipal authorities.
(j) To provide for the maintenance and repair of the common areas and facilities for the flat owners and if necessary by raising loans for that purpose.
(k) The income and property of the Society shall be applied solely towards the promotion of the objectives of the Society as set forth in these bye-laws and no portion thereof shall be paid, transferred or divided by way of bonus, dividend or otherwise (directly or indirectly) among the members of the Society.
(l) No member of the Management Committee of the Society shall be appointed to any salaried office of the Society. No remuneration shall be given by the Society to any member of such Management Committee except repayments out of pocket expenses while on bonafide duty and interest on money lent or rent for premises/demises to the Society.
(m) The Society by its constitution is required to apply the profits, if any, or other income in promotion of its objectives.
(n) To undertake activities/projects to strengthen cultural bonds amongst the residents and their families and to act as a forum of the owners of dwelling units and to provide facilities for sports, culture and other social welfare activities with the co-operation of the members of the Society.
(o) To address the common and genuine grievances of the members of the Society and redressal of the same to Government, Quasi Government, Judicial, Statutory and other bodies, including local bodies and organizations.
(p) To represent the members of the Society in all matters pertaining to their common properties and rights and to negotiate/carry on litigation, settlement or compromise with third parties, any matter affecting their common rights and properties.
(p) To establish and carry out, on its own account (independently or jointly) with individuals or institutions, education, physical, social, cultural recreation, medical and public health activities such as clubs, cinema shows and opening of bank, milk booth, horticulture, vegetable booth, vegetable retail outlet, Grocery shops, Post office, Broad Band, T.V. Inter-com system, Telephone exchange facilities only for the benefits of its members.
(r) To promote and safeguard the consumer rights and interest of the members of the Society and to look after the grievances in the matter of supply and distribution of essential commodities.
(s) To settle differences, if any, amicably among the residents in matters affecting their common welfare and well being. Incase of problems like leakage, seepage etc from the common walls, roofs or floors to be resolved amicably by the concerned apartment occupants and if not resolved then the Management decision will be binding on the apartment occupants.
(t) To perform such other legal and proper acts those are necessary for welfare of the members of the Society.
(u) To do all such things as are incidental or conducive to the attainment of any or all of the above objectives.
III - MEMBERSHIP
5. The members shall consist of:-
(a) Persons allotted dwelling units (DUs) by the Army Welfare Housing Organisation.
(b) Persons subsequently allotted DUs by AWHO in accordance with AWHO bye-laws.
(c) A person ceases to be a member on his death but his legal heir(s) as accepted by the AWHO will have a right of membership.
6. Any person will be eligible to be a member of the Society provided:-
(a) He/she has been allotted a dwelling unit in Sispal Vihar by AWHO.
(b) When a person’s application for membership has been accepted by the Managing Committee and he/she has paid all dues to the Society, he/she shall be deemed to have acquired all the rights and accepted all the obligations and liabilities of a member of the Society, as laid down in the Act, the rules made under these bye-laws.
(c) Any person whose application for membership has been refused by the Managing Committee may prefer an appeal to the MD AWHO within 30 days from the date of communication of such refusal through a registered AD letter. The decision of the MD AWHO will be final and binding on all parties.
7. Any person who has not been allotted a dwelling unit by the AWHO in Sispal Vihar will not be made a member of the Society.
8. All the members will abide by the rules and bye-laws of the Society and /or any rules that may be made from time to time.
9. All the members of Sispal Vihar will be members of Club and Community Centre and pay their share of expenditure.
10. For Members who violate the rules and regulations of the Society and those who indulge in activities against the interest of the Society, a resolution can be brought forward by the Managing Committee against such members for punishment/disqualification; and other steps will also be initiated as decided by the Managing Committee as per the bye-laws.
11. The pre-payment energy metering system for all the apartment owners as a part of the electrical distribution system has been installed. Every members would have to pay in advance by the metering system which would constitute electricity charges, power backup charges, water charges, sewerage charges, Society maintenance charges, other civic amenities, club and common facilities and taxes as applicable. The rate would be decided by the Managing Committee from time to time. If the owners/occupants do not pay the charges the Managing Committee will take action to black list such members and take any other appropriate action for recovery of dues as deemed fit, which may include disconnection of water and electricity supply.
12. The members must pay the annual subscription in the first month of the financial year and get a receipt from the Society. In addition members may pay subscription in two instilments or in lump sum for any number of years in advance, if they so desire.
13. One time subscription shall not include the special maintenance charges towards the cost of chemical to be added for water treatment and sewage treatment which will be worked out from time to time and shall be payable separately.
14. In addition to annual charges specified above, members shall share any other costs/fees levied, rates and taxes, fines, deposits, as demanded from the Society from time to time by the Government and other statutory bodies.
15. Members shall be liable to pay any other special contribution as decided by the Managing Committee to meet special expenses such as purchase of assets and special maintenance as distinguished from routine maintenance etc.
RIGHTS, OBLIGATIONS AND PRIVILEGES OF MEMBERS
16. Right to Receive Notices. Notices of the entire Annual and Special General Body Meetings shall be issued to all the members and also displayed on the notice boards of the Society. The proof of the dispatch of the notice shall be deemed to have sufficient proof of issue of the notice to the members. When a dedicated web site of the Society is available then all Notices/Circulars for the members will be posted on this web site and it will be the responsibility of each member to frequently keep them self posted with these from the web site.
17. Vote Each member or his/her authorized representative (proxy) shall have only one vote. A member who is defaulter in paying the dues of the Society shall have no right to vote in any meeting
18. A members is entitled to see the bye laws, income and expenditure account and balance sheet in the office of the Society during working hours. A detailed summary of accounts showing all income and expenditure during the year will be made available to all members attending the Annual General Body Meeting.
19. Proxy. Any member, who has a right to vote, may appoint any person as his/her proxy & such appt shall be in writing, addsd to the President & should reach at least 2 days before the meeting.
20. BLANK
21. Each member is entitled to attend Annual General Body Meeting and Special General Body Meeting and elect the Executive/Managing Committee.
22. Every member of the Society shall have right to express his/her opinion in the General Body Meeting and also to vote in the General Body Meeting.
23. Every member is obliged and duty bound to honour the bye-laws and to respect the constitution of the Society.
24. A member may move the District Court for resolving any dispute arising between the members of the Managing Committee or with the members of the Society.
25. If any member of the Society fails to remit the monthly and annual subscription despite demand notice, or violates any of the Bye-laws/Rules and Regulations, he/she will be liable to be removed from the membership of the Society and black listed and his/her name displayed prominently on all the notice boards of the Society and action will be taken as per paragraph 10 of the bye-laws.
26. The Managing Committee will remove the members who have entered into subversive activities against the interest of the Society.
27. In case a member is removed from the membership of the Society for whatever reason and no serious efforts are made for re-admission by the removed member for a period of six months, he/she may be termed as stranger/alien and may be sued for the recovery of arrears of subscription and for the damage to the property of the Society, if any.
28. Such removed members shall be denied all the facilities of the common services/ amenities enjoyed by the members of the Society including the common facility of water supply, electricity and lifts.
29 If removed members feel their removal is unreasonable and not justifiable, they can represent in writing to the Managing Committee to prove their innocence along with the supportive evidence on their behalf before the Managing Committee. However, if they are found to be at fault they have to give written assurance to the Managing committee for not indulging in a similar subversive activity in future.
30. Removed members may be re-admitted to the Society on the recommendation of the Managing Committee in their favour, on payment of all outstanding dues including penalties if any.
IV – CAPITAL
31. The Capital shall consist of: -
(a) Loans and deposits from members.
(b) Donations and grants.
(c) Contribution from members towards the land rent, maintenance of roads, drains and parks and other properties of the Society.
(d) Rents from the Shops and Community Center charged by the Society.
32. The capital of the Society shall be used in carrying out its objectives. Surplus funds of the Society not likely to be immediately required, shall be invested in accordance with the approval of the General Body Meeting in any of the following schemes by the Managing Committee: -
(a) In Securities of the Government or in National Savings Certificate or other certificates of the Government of India.
(b) In any Nationalized Bank.
(c) Post office Savings Bank Account.
(d) In a special account opened by the Society for the purpose as required by the
Rules.
(e) In immovable properties.
(f) Public Sector Undertakings of repute.
(g) In such other mode of investments as may be prescribed by the General Body
Meeting.
V - GENERAL BODY MEETING
33. The General Body Meeting shall be held annually with in the Sispal Vihar Complex or any other place as the Managing Committee may decide from time to time. The supreme authority of the Society shall be vested in the General Body.
34.
(a) The Annual General Body Meeting shall be called within a period of 3 months of the close of the financial year. A special General Body Meeting may be called by the Secretary at any time of the Managing Committee and shall be called on receipt of a requisition from 1/5th of the society members or from the Registrar of Societies or any person authorized by him.
(b) In case of the Annual General Body Meeting, time and place of the meeting shall be announced at least 30 clear days in advance and in case of special General Body Meeting at least 15 days in advance, by a written notice published on the notice board of the Society and circulation to the members. The election shall be by secret ballot, for the allottees who are posted elsewhere due to service exigencies, provision of postal ballot shall be made.
(c) The presence of at least one third of the committee members shall be necessary for the disposal of any business at a General Body Meeting, i.e. one third of the members shall form a quorum, each member shall have one Vote. The President shall have casting vote in addition.
(d) The agenda proposed for the Annual General Body Meeting and Special General Body Meeting shall be dispatched to all members 30 days and 15 days respectively before the date of the meeting, giving date, time and place of meeting. No matter shall be discussed at any meeting which has not been included in the agenda of the meeting provided that the President may in case of emergency permit the discussion of such matter, when the majority of members present, so desire.
(e) The President or the Vice-President or in their absence one of the other members elected for the purposes shall preside.
35. The duties and powers of the General Body Meeting are: -
(a) To elect, suspend or remove members of the Managing Committee, including the President and one or more of the Vice-Presidents.
(b) To receive from the Managing Committee a report on the preceding year’s working of the Society, together with a statement showing the receipts and expenditure, assets and liabilities, and profit and loss for the year i.e. Audited Accounts.
(c) To consider the Audit Note, Inspection Note of the Registrar and any other communication from the Registrar.
(d) To dispose off profits in accordance with the Act, Rules made there under, and these bye-laws.
(e) To fix the maximum credit limit for each member provided that such maximum limit shall not be more than that laid down in the Registrar’s instructions on the subject but this may be exceeded with the special sanction of the Registrar to be obtained in each case.
(f) BLANK
(g) To amend the bye-laws, subject to the prior approval of AWHO and the Registrar of Societies.
(h) To fix the terms and rates at which penal interest shall be charged by the Managing Committee on overdue payments of all outstanding dues.
(j) To frame the “Rules of Business” subject to the approval of General Body Meeting, AWHO, and the Registrar.
(k) To consider any other business brought forward.
36. All business discussed or decided at a General Body Meeting shall be recorded in a proceedings book which shall be signed by the President of the meeting and all members of the Managing Committee attending the meeting.
37. Amendments to the bye-laws shall only be carried out after the approval of the AWHO and after getting it ratified by majority of not less than 2/3 of the members present in the General Body Meeting for which due notice of the intention to discuss such amendments has been given in writing. Such amendments duly approved by General Body Meeting shall be forwarded to HQ AWHO for their final approval and after the approval by AWHO the same shall be forwarded to the Registrar of Societies for registration within a period of 3 months from the date of meeting.
38. All other issues before the General Body Meeting shall be decided by a majority of votes.
VI - ELECTION AND NOMINATION OF MEMBERS OF MANAGING COMMITTEE
39.
(a) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of the elections of the members of the Managing Committee of the Society shall be vested in such a returning officer, so appointed by the President and the Secretary of the outgoing Management Committee in the GBM called just before the elections or by the Registrar of the Societies.
(b) The vote at such election shall be by secret ballot. Postal ballots will be considered for the allottees who are posted elsewhere due to exigencies of service.
(c) The term of the office of the elected members shall not be exceeding two years provided that the elected members shall continue to hold office till the successors are elected under the provisions of these rules or bye laws.
(d) No person shall be eligible to be elected as a member of the Managing Committee of the Society unless he is a member of the Society and residing in the Society.
(e) Notwithstanding anything contained in these rules and bye-laws, a person shall be disqualified for election for the post of the President, Vice President, Secretary, Joint Secretary or Treasurer of the Committee if :-
(i) He has failed to pay his subscriptions as determined by the Managing Committee.
(ii) He is undergoing any criminal prosecution and / or has been convicted by a court of law.
(iii) He has violated the agreement between AWHO and himself as an allottee and has undertaken unauthorized construction and/or has encroached upon the Society land (common area) and/or using flat for commercial purposes.
(iv) There is any other dispute between him and the Managing Committee and AWHO concerning any other issue mentioned above.
VII - MANAGING COMMITTEE
40.
(a) The Managing Committee shall consist of not less than seven and not more than eleven members of the Society (over the age of twenty-one) including a President and one or more Vice-President(s). The members of the Managing Committee shall be from Defence Forces only. They may, however, be either serving or retired.
(b) One- third of the Managing Committee or more shall form a quorum.
(c ) The President or the Vice-President or, in their absence one of the other members elected for the purpose shall preside.
(d) Each member of the Managing Committee shall have one vote but the President shall have a casting vote in addition.
(e) Members of the Managing Committee shall be elected and will hold office for two years . The members shall be eligible for re-election.
(f) If for any unavoidable reason a General Body Meeting to elect the new Managing Committee could not be held in the second year of the tenure of existing Managing Committee, then the existing Managing Committee shall continue to hold office till the election of the new Managing Committee but such election shall be held within a period of thirty months from the date of previous election, unless the Registrar of
the Societies extends the period of holding the General Body Meeting and the election by a general or special order with regards to the said Society.
(g) Meeting of the Managing Committee shall be held when necessary and may be called at any time by the President and shall be called by the President on receipt of requisition from two members of the Managing Committee or from the Registrar or any person authorized by him.
41. A member of the Managing Committee shall cease to hold office if he:-
(a) Ceases to be a member of the Society.
(b) Applies for insolvency or is declared insolvent.
(c ) Becomes of unsound mind.
(d) Is convicted for any offence involving dishonesty or moral turpitude.
(e) Accepts any office of profit under the Society or receives any honorarium.
(f) Resigns and his resignation is accepted by the Managing Committee.
(g) Is a defaulter in payment of dues of the Society.
(h) Violates the agreement between AWHO and himself and undertakes unauthorized construction and encroaches on land belonging to the Society and AWHO.
42. No office bearer/members of the Society shall have an interest directly or indirectly in any contract made within the Society or in any sale or purchase made by the Society privately or in auction of in any contract or transaction of the Society other than an investment or borrowing/involving financial interest for the benefit of Sispal Vihar AWHO Welfare Maintenance Society.
.
43.
(a) The Managing Committee shall exercise all the powers of the Society except those reserved for the General Body Meeting subject to any regulations, restrictions laid down by the Society in a General Body Meeting or in the bye-laws and in particular shall have the following powers and duties: -
(i) To observe in all their transactions, the Act, the Rules made there under and these bye-laws.
(ii ) To maintain true and accurate accounts of all moneys received, expended and all stock bought or sold.
(iii) To keep a register of members correct and up-to-date.
(iv) To keep a true account of assets and liabilities of the Society.
(v) To prepare and lay before the General Body Meeting the annual profit and loss account and audited balance sheet.
(vi) To examine the accounts, sanction expenditure and supervise the maintenance of the prescribed registers.
(vii) To consider the Inspection Notes of the Registrar and of any other person authorised to inspect by the Registrar and take necessary action.
(viii) To elect new members.
(ix) To arrange for recovery of dues of the Society from its members/esidents/tenants.
(x) To summon General Body Meetings in accordance with the bye-laws.
(xi) To assist in the inspection of the books, other documents and papers of the Society by any person authorised to see them.
(xii) To appoint, suspend, punish and dismiss employees subject to the provisions of these bye-laws and to fix their remuneration.
(xiii) To conduct, defend/compromise/refer to arbitration or abandon legal proceedings by or against the Society or Managing Committee or the member or employee concerning the affairs of the Society, through any member or employee of the Society or any other person specially authorized for this purpose.
(xiv) To arrange for the custody of books and to appoint one of its members or one of the officials of the Society to take charge of all the registers and papers prescribed in these bye-laws.
(xv) To invest the surplus funds of the Society in accordance with Section
32 of the bye-laws.
(xvi)To acquire and hold property and to enter into contracts on behalf of the Society
(xvii) To decide the manner of execution of works.
(xviii) To appoint a Treasurer to keep the money of the Society and to require him to give such security as it may deem sufficient.
(xix) To appoint a Manager and to fix his remuneration and lay down his duties.
(xx) To carry out the development in the manner as decided by the General Body Meeting/Managing Committee.
(xxi) Generally to carry on the business of the Society.
(b) In the conduct of the Society, the Managing Committee shall exercise the prudence and diligence of ordinary men of business and shall be responsible for any loss sustained through acts contrary to the act, the rules made there under and these bye-laws.
44. No member of the Managing Committee shall receive any remuneration for his work as a member of the Managing Committee. No member of the Managing Committee shall vote in any application for a loan in which he himself is interested as a borrower or shall he stand surety for a loan to another member of the Managing Committee.
45. All business discussed or decided at a meeting of the Managing Committee shall be recorded in the Minute Book which shall be signed by the President of the Managing Committee and all members of the Managing Committee present.
46. The Managing Committee may amongst its own members form a Sub-Committee(s) and may delegate to it or any office bearer of the Society such of its own powers as it may consider desirable for the better conduct of the Society’s affairs. The Sub-Committee or members shall in the discharge of the functions entrusted to it adhere in all respects to these bye-laws and to the instructions given by the Managing Committee.
DUTIES OF THE MANAGING COMMITTEE MEMBERS
47. (a) President. The President shall have general control over all the affairs of the Society. He/she shall preside over all the meetings of the Managing Committee and that of the General Body. He shall exercise general supervision over the activities of the Society. He may dispose off such important and urgent matters, which for want of time, cannot be put up to the Managing Committee. He may also authorize expenditure upto Rs 20,000/-(or as approved by the AGM). The expenditure so incurred should be got approved from the Managing Committee at its next meeting. The President shall be the person to enter into a contract approved by the Managing Committee representing the Society. The President along with the Treasurer shall jointly operate the bank account of the Society. He/she shall be the person with the consent of the Managing Committee to sue or to defend any legal action against the Society. All legal proceedings shall be instituted, continued or defended by the President who shall sign the documents/papers and Vakalatnama relating to, in the name of and on behalf of the Society.
(a) Vice President. He/she shall carry out such duties as may be assigned to him/her from time to time by the President of the Managing Committee. In the absence of the President, he/she shall assume the duties and the powers of the President, including operation of bank accounts.
(b) Secretary
(i) The Secretary shall be responsible for managing the administration of the Society under the orders of the President subject to the control of the Managing Committee. The Secretary shall have the powers to appoint or remove any staff of the Society in consultation with the President subject to the approval of the Managing Committee. The Secretary in consultation with the President and with the approval of the Managing Committee can take action against members who violate the rules and regulations of the Society. He/she will maintain a register containing names and addresses of all the members of the Society.
(ii) He/she will issue the notice of the meetings in consultation with the President/Vice President and shall draw the agenda of these meetings. He/she shall keep proper records of the meetings of the Managing Committee and shall submit a report on the working of the Society for the preceding year of the Annual General Body Meetings. He/she shall conduct all necessary correspondence on behalf of the Society.
(iii) The Secretary shall have the custody of all necessary correspondence on behalf of the Society and the documents belonging to the Society. He/she may also authorize expenditure up to Rs 5,000/-(or as approved by the AGM). The expenditure so incurred should be got approved from the President at the earliest possible, and the Managing Committee at its next meeting. (d) Joint Secretaries. Joint Secretaries shall carry out such duties as may be assigned to them from time to time by the Secretary. In the absence of the Secretary one of the Joint Secretaries (as per the direction of the President) shall assume the duties and powers of the Secretary; and shall be responsible to submit all desired reports and maintain necessary records.
(e) Treasurer
(i) The treasurer shall be in charge of the funds of the Society subject to the control and direction of the Managing Committee. He/she shall maintain proper accounts and other related records collect subscriptions and other dues of the Society and issue receipts for such collections. He/she shall effect payment of the monthly wages and other routine maintenance expenses, authorized by the Managing Committee. He/she shall act as Financial Adviser to the Managing Committee.
(ii) Payment of the non-routine expenses shall be made only after the specific approval of the Managing Committee. The President along with the Treasurer shall jointly operate the bank account of the Society. They shall deposit the money received into the bank account of the Society at periodic intervals retaining a minimum essential sum considered necessary to meet the monthly expenses.
(iii) The Treasurer shall prepare the necessary Statement of Account for the audit. The account of the Society shall be closed on 31st March of every year. It shall first be approved by the Managing Committee and then got audited. The Treasurer shall present Audited Accounts in the General Body Meetings.
48. The Managing Committee may appoint a Manager if so required on approval of the General Body Meeting. The charter of duties for the Manager will be formulated by the Managing Committee based on workload and remunerations and will be approved by the General Body Meeting.
VIII – REGISTERS
49. The following registers and papers shall be maintained and shall be opened for the inspection of any one interested in its funds, except that no one shall be allowed to see the deposit account of any person without that person’s consent in writing: -
(a) A register of members, showing the name, address and occupation of every member, the date of
admission to membership, date of termination of membership and the nominee appointed under the bye-laws.
(b) A cash book showing the income, expenditure and balance on each day on which business is transacted.
(c ) A ledger account for each member, depositor, creditor and for miscellaneous and contingent income and expenditure.
(d) A register showing the maximum credit of each member.
(e) An account showing monthly deposits and contribution.
(f) A register showing all the properties purchased and disposed/leased out by the Society.
(g) A minute book.
(h) A pass book for each member and depositors.
(j) Any other register prescribed by the Registrar.
50. Copies of the bye-laws and balance sheet shall be supplied free on demand to any member. The last balance sheet shall be opened to public inspection during office hours.
51. Respective Office bearers shall ensure the safe custody of various documents and registers required to be maintained by them.
IX - COMPULSORY DEPOSITS
52.
(a) Every member subscribes to deposits for specific purposes.
(b) Such deposits shall be governed by rules to be framed by the Society subject to the approval of the General Body Meetings of the Society.
(c) With the sanction of the Managing Committee, a member may be exempted from the obligation to deposit for any period, during which his circumstances do not permit of such payments.
X - AUDIT
53. The account of the Society shall be audited at least once a year by an auditor appointed by the Society. The Society shall pay such audit fee as may be fixed from time to time. The following records are to be maintained by the Society for the audit purposes:-
(a) Registration of the Society.
(b) Register of renewals.
(c) Membership Register.
(d) Record of proceedings of the meetings.
(e) Stock register.
(f) Cash books, ledgers and receipt books.
(g) Directory of allottees.
(h) Any other record as may be considered essential/necessary by the Society.
XI - DISTRIBUTION OF PROFITS
54. The following shall be first charges on profits: -
(a) Any loss undergone by the Society.
(b) Necessary deduction for depreciation of equipment and building etc.
(c ) All insurance charges.
(d) All payments of salaries, provident fund and working expenses.
(e) Contribution to audit fee as may be fixed from time to time.
55. The balance shall be the net profit of the Society as follows: -
(a) Not less than 25 percent of the net profit shall be carried to the Reserve Fund and no member shall be entitled to any share in it.
(b) Bad debt fund.
(c) Any other fund required for the businesses of the Society.
XII - RESERVE FUND
56. The Reserve Fund is undivided and it shall be invested in Government Securities.
XIII_-DISPUTES
57. If any dispute relating to the constitution or business of the Society arises between members or past members of the AWHO or persons claiming through a member or past member or between members or past members or persons claiming and any allottee, member or servant of the Society (past or present) or between the Society or its committee and any allottee, member or servant of the Society (past or present) it shall be referred to the AGM, failing which to AWHO and failing which finally to the Registrar as provided in the Act and the Rules made there under.
58. All matters not specially provided for are to be decided in accordance with the Act and the Rules made there under.
59. The Managing Committee with the approval of the General Body Meeting may frame rules of business not inconsistent with the Act, The Rules made thereunder and these bye-laws for carrying on the work of the Society and may from time to time make additions or alterations in them. However prior approval of AWHO is mandatory.
60. The society shall ensure that for allotment of shops, the allottee shall be given preference thereafter to ex-servicemen/widows of army personnel to give them employment/business opportunities.
61. No allottees or lessee shall make any additions or alterations to the dwelling unit allotted to him, or any encroachments in the common areas, without the approval of AWHO in writing and subject to the building bye-laws of HUDA. Administration.
62. No allottees or lessee shall use the dwelling unit for commercial purposes.
63. No allottees or lessee shall be allowed to transfer his rights over the dwelling unit allotted to him without the approval of AWHO in writing.
XIV -DISPOSAL / RENTING OUT OF DWELLING UNITS
64. No Sale/transfer of dwelling unit to a third party shall be affected by the members, his/her heirs, successors, administrators and executors without prior permission, in writing, of the AWHO. Conditions for disposal of property as laid down in Paras 80 to 83 of the Master Brochure of AWHO, as amended from time to time, shall be followed in letter and spirit. In the event of consent being given by the Society, the Society will charge a transfer fee from the transferor (seller) and a Society membership fee from the buyer as laid down from time to time.
65. No dwelling unit will be rented out/leased to a third party without prior permission of the Society in writing. The Society has the right to reject/evict a tenant on account of indiscipline, misconduct and moral turpitude. The tenants will follow rules of the Society and will pay the prescribed fee per month towards general maintenance funds to the Society. The prescribed fee will be decided by the Managing Committee from time to time and will be ratified by the Annual General Body Meeting. The members will ensure that antecedents of prospective tenants and their servants are verified from the police and the local police station as well and the Managing Committee is informed accordingly. Dwelling units will be leased out on a proper LEASE DEED (A suggested copy of lease deed can be had from the office by a nominal payment of Rs 10/- per copy). Decorum of the complex shall be maintained. No commercial activity or opening of offices at working/non-working hours or using dwelling units as godowns by occupants or otherwise is permitted from this complex. A copy of the Lease Deed shall also be given to the Manager for record in Society’s office. All local rules set by the Society shall be followed in letter and spirit.
XV - GENERAL PROVISIONS
66. The enjoyment of each dwelling unit by its owner or resident in relation to other dwelling units is regulated by the terms of the sale deed executed by AWHO. All the flat owners/residents will adhere to these regulations for good and harmonious community living.
67. Temporary use of common areas like terraces, courtyards, gardens ,passages etc for any social or religious functions shall only be with the prior permission of the Managing Committee.
68. The apartment shall not be used for any purpose other than, for which it has been constructed/allotted. No obnoxious trade or illegal activity shall be carried out in and around the dwelling unit.
69. The External shape, colour, facade and fixtures of the house shall not be changed, altered or disfigured in any manner by any apartment owner without the prior written approval of the Managing Committee.
70. The maintenance of drainage system, common lighting arrangements, cleaning of reservoirs and overhead tanks, maintenance of street lights and common passages and white washing of the exteriors held in common shall be the concern of the Society.
71. The maintenance of water pipe lines and lighting arrangements inside a flat and white washing of the inside walls shall be the sole concern of the flat owner. The Society may help them by making necessary arrangement if so required.
72. If there is any defect i.e. the defect of such a nature as to affect both the flats with a common wall or ceiling separating two flats, the cost of repairs shall be borne and shared by the flat owners, if there is any difference of opinion between the flat owners in this regard, the matter will be referred to the Managing Committee of the Society for an amicable settlement.
73. In case of any dispute between the Managing Committee and the flat owners, the matter may be referred to an arbitrator appointed by the committee in writing and his decision shall be binding on the Managing Committee and the flat owner.
74. Podiums are common areas to be used by the members of the block living on any of the floors in that block. Any temporary or permanent structure will not be allowed to come up on the terrace, podium of other common areas. If such a structure is erected in spite of the objection by the Managing Committee, the same will be demolished. This clause is to be noted and shall be binding on all the members of the Society and will be strictly enforced.
75. No owner/resident shall encroach on the Society premises and no structure shall be put up in the common areas i.e. terraces, podium staircases, landings, unallotted stilts, court yards, lawns and passages etc. No change in external structure/extension of flat area shall be permitted. In case of default, the Managing Committee shall act to restore such encroached land or premises and to remove such super structure/extension at the cost of the concerned flat owner.
76. Plantation and maintenance of trees within the campus may be taken up in a big way for creating a healthy atmosphere and for beautification. Maintenance of parks is to be done meticulously.
77. Suitable number of watchmen, gardeners, sanitary workers (safai karamcharies), electricians and plumbers are to be employed/contracted for proper maintenance of the campus as per the norms and guidelines to be decided by the Managing Committee.
78. The Managing Committee will undertake the day-to day maintenance and other duties. For that purpose, the Managing committee is entitled to appoint staff and technicians. The expenditure to be incurred for the day to day maintenance shall be met from funds collected as fees, subscriptions and donations. The salary for the Staff and Technicians shall be paid from the funds of the Society.
79. Garbage is to be thrown only at the designated/earmarked places in order to avoid unhealthy conditions. The residents should not throw refuse/ garbage from upper floors onto the ground floor. The residents should use the garbage disposal shoots provided on each floor for disposal of their garbage.
80. The privacy of the residents should be respected and should not be violated by means of loud music and other such activities. Megaphones/Loudspeakers should not be used without the permission of the Managing Committee as the use of these devices may create nuisance for other residents/students/sick and convalescing patients.
81. Parking of the vehicles will be done strictly at the respective places allotted to the particular apartment owners. Visitors will park their vehicles in the designated place only.
82. Assessments. All owners are obliged to pay annual assessment imposed by the Society to meet all expenses relating to the complex, which may include insurance premium for a policy to cover structure replacement cost.
83. Maintenance and Repairs. Every Owner must perform promptly all maintenance/repair work within his own unit, which if omitted would affect the complex in entirety or in a part belonging to other owners being expressly responsible for the damages and liabilities that his failure to do so may endanger.
84. Right of Entry. An Owner shall grant the right of entry to the Manager or to any other person authorized by the Society in case of any emergency originating in or threatening his unit, whether the owner is present at that time or not.
85. An owner shall permit other owners or their representatives when so required, to enter his unit for the purpose of performing installation, alteration, or repairs to the mechanical or electrical services, provided that requests for entry are made in advance and that such entry is time convenient to the owner. In case of emergency, such right of entry shall be immediate.
86. Affiliation. Should there be any Federation of apartment owners in the locality/sector in which the complex is situated, the Society may, become a member thereof and pay the sums from time to time payable to such Federation under the rules thereof.
87. Seal of the Society. The Society shall have a common seal, which shall be in the custody of the Secretary, or any other person authorised by the Society.
XVI- LIQUIDATION
88.
(a) The Society shall be wound up and dissolved only by an order of the Registrar under the relevant Section of the Act.
(b) After meeting all the liabilities, surplus assets, if any, shall not be divided amongst the members, but shall be utilized towards any purpose or public utility determined by the General Body Meeting of the Society within three months from the date of the final liquidation approved by the Registrar, or the Registrar may, with the approval of the General Body Meeting of the Society place the said surplus in deposit with the bank, until such time a new Society with similar conditions is registered when with the consent of the Registrar, such surplus may be credited, to the Reserve Fund of such new Society, or assign the said surplus either wholly or in part to an object of public utility of local interest or a charitable purpose as defined in Section 2 of the Charitable, Endowments Act, 1890 (6 of 1890) for the welfare of Sispal Vihar Apartment Owners Welfare Society.
