Dear Sir, REGISTRATION OF THE ASSOCIATION We, the members of the VASANTH VIHAR ARMY RESIDENTS ASSOCIATION request you to please register our association. Necessary documents in connection with the above are as hereunder:- (a) Memorandum/Rules and Regulations of the Association. (b) List of Office bearers and EC Members. (c) Affidavit.
BYE-LAWS/RULES AND REGULATIONS OF VASANTH VIHAR ARMY RESIDENTS WELFARE ASSOCIATION BILLAMARANAHALLI VILLAGE BETTAHALSUR POST, JALA HOBLI, BANGALORE NORTH BANGALORE-562157
REGN NO: CHAPTER 1: PRELIMINARY Short Title and Application 1. The name of the Society is Vasanth Vihar Army Residents Welfare Association and its registered address is :- Vasanth Vihar Complex at Billamaranahalli Village, Bettahalsur Post, Jala Hobli, Bangalore North, Bangalore- 562157. 2. These Bye-laws shall be called the bye-laws of the VASANT VIHAR ARMY RESIDENTS WELFARE ASSOCIATION. These are made under the provision of the KARNATAKA SOCIETIES REGISTRATION ACT 1960 AND RULES 1961. 3. Any change in the address shall be notified to the Registrar within 14 days. Definitions: 4. (a) In these bye-laws, unless the context requires otherwise Act means KARNATAKA SOCIETIES REGISTRATION ACT 1960. 3 (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 :-
(i) Building means the individual villas, apartment buildings and ancillaries including civic amenities and common facilities located within the Vasant Vihar Complex. (ii) Management Committee (MC) means the Board of Management or the Management Committee as the case may be. (iii) Society means the Society of all Villas/Apartments and registered under the KARNATAKA ASSOCIETIES REGISTRATION ACT 1960 AND RULES 1961. (iv) Villa, Flats means these are constructed on the housing plot allotted to a member in Vasanth Vihar Complex, including vacant plots if any where a dwelling unit is available or are to be constructed. (v) Owner of Villa/Apartment means a member allotted and owing a Villa constructed on a plot, or owing an Apartment in Vasanth Vihar and includes the member in whose name a Villa/Apartment has been originally allotted by AWHO New Delhi and also includes any subsequent buyer, as also the power of Attorney holder or Tenants with the power of Attorney given by the owner. (vi) Majority means majority of the members present and voting. (vii) Dwelling Unit means a family unit whether a Villa or an apartment in the Vasant Vihar Complex. (viii) Rules means The Karnataka Societies Registration Rules 1961. (ix) Registrar means such officer as the State Government may by notification appoint to perform the duties and functions of the Registrar under the Act, falling in the area of jurisdiction. It also includes the definition as given in the Sec 2 (e) of the Act. (x) Annual General Body Meeting means the Annual General Body Meetings as are convened and held only under the Rules of the Society in force and under the provision of the Sec 11 of the Act. Apart from the stipulation of the said Act, a Special General Body meeting can be convened on the requisition of the President or one third of the total number of members present. (xi) Meeting means all meetings other than Annual and Special General Meetings of the Society. (xii) Resolution means a Resolution of the Society duly passed and 4 approved. (xiii) Life members and Ordinary members mean the members duly approved by the Management Committee. Management Committee, of their own accord may admit ordinary members out of the tenants for a specific purpose without any voting rights. (xiv) Wherever applicable in these by-laws, he word his will also mean her and he will also include she. (xv) Vasanth Vihar Complex means all the areas bounded by and located within the compound wall running around the complex comprised in (a) Survey No. 36/1, measuring 28 Guntas, (b) Survey No 36/2 measuring 27 Guntas, (c) Portion of Survey No: 36/4 measuring 2 Acres 7 Guntas (d) Survey No.37 measuring 3 Acres 38 Guntas, (e) Survey No: 38 measuring 3 Acres 20 Guntas, and Total measuring in all 11 (Eleven) Acres and 01 Acre 30 Guntas in Survey. No 50, measuring 02 Acre 36 Guntas in 49/1, measuring 02 Acre 38 Guntas in 12/1, measuring 01 Acre 32 Guntas in 12/2, measuring 01 Acre 20 Guntas in 14/1, measuring 01 Acre 23 Guntas in 14/2, measuring 00 Acre 10 Guntas in 47/3, measuring 01 Acre 27 Guntas in Survey. No 50, measuring 00 Acre 10 Guntas in Sy.No 47/3, measuring 03 Acre 04 Guntas in Survey No 8/1, measuring 01 Acre 39 Guntas in Survey No 8/2, measuring 01 Acre 06 Guntas in Survey No 8/3, measuring 01 Acre 04 Guntas in Survey No 12/3, measuring 01 Acre 30 Guntas in Survey No 13/1, measuring 01 Acre 34 Guntas in Survey No 14/3, measuring 02 Acre 00 Guntas in Survey No 13/1, measuring 02 Acre 20 Guntas in Survey No 13/3, measuring 03 Acre 22 Guntas in Survey No 11/1, measuring 01 Acre 19 Guntas in Survey No 19/1, measuring 00 Acre 32 Guntas in Survey No 19/2, measuring 01 Acre 00 Guntas in Survey. No 20/2, measuring 01 Acre 31 Guntas in Survey No 24/1, measuring 01 Acre 35 Guntas in Survey No 24/2, measuring 00 Acre 20 Guntas in Survey No 47/3, measuring 02 Acre 38 Guntas in Survey No 18/1, measuring 00 Acre 37 Guntas in Survey No 18/2, measuring 01 Acre 20 Guntas in Survey No 18/3, measuring 01 Acre 06 Guntas in Survey No 24/3, measuring 01 Acre 38 Guntas in Survey No 24/4 and measuring 01 Acre 09 Guntas in Survey No 23, all situated at Sonnappanahalli Village, Jala Hobli, Bangalore North Taluk, total measuring 50 Acres 30 Guntas situated at BILLAMARANAHALLI Village, JALA Hobli, Yelahanka, Bangalore North Taluk, Bangalore. (xvi) Common Areas and Facilities includes the entire area of Vasant Vihar complex excluding the super built area of apartments allotted by AWHO by name to each member and includes all the roads and approaches, toilets, parks and open spaces, compound walls, visitors car parking spaces and structures, including all electrical installations and equipment, the light and water supply installations, diesel generators, community hall, school building, shopping complex and playgrounds excluding such spaces and structures, the use of which is allowed to individual allot tees by AWHO. All such common areas and facilities are owned jointly by all the allottees / owners and managed, 5 administered and maintained by the Society on behalf of all the owners. (xvii) Year means the year ending on 01 April to 31 March unless otherwise specified by the registrar of the Society under the provision of the Sec 2 (f) of the Act. (xviii) Chief Executive means the official who is appointed by the Management Committee to discharge the functions of Chief Executive under the Act, Rules and Bye-laws
(c) These bye laws will be read in conjunction with Army Welfare Housing Organisation (AWHO) rules as laid down in Master Brochure (as amended from time to time and AWHO Rules will not be superceded in any way).
Objects of Society 5. The objects of the Society shall be:- (a) To be and to act as the Society of all the Villas and Apartment owners of Vasant Vihar Housing Complex, 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 maintain manage and administer the colony known as VASANTH VIHAR ARMY RESIDENTS WELFARE ASSOCIATION.
(c) To the 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.
(d) At the expense of its members to arrange and undertake external repairs, colours/cement wash, distempering or whitewashing as the case may be, of the flats, whenever necessary.
(e) To recover from members and pay all ground rents, fees and taxes for common facilities.
6 (f) To recover rent on shops from tenants, community center charges and society monthly charges from members of the Society or their tenants (if so mentioned in respective renting out lease deeds) fixed by the Managing Committee for its efficient functioning and pay all dues, salaries to its employees and payment of bills for maintenance services being provided.
(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 authorized additions and alterations in the dwelling units and authorized occupation and possession of common areas by the allottee(s), with the help of local/municipal authority.
(i) 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.
(j) 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.
(k) 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, TA/DA while on bonafide duty, and interest on money lent or rent for premises/demises to the Society.
(l) The Society by its constitution is required to apply the profits, if any, or other income in promotion of its objectives.
(m) 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.
7 (n) 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.
(o) 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, cable T.V. System, Inter-com, telephone exchange facilities only for the benefits of its members.
(q) 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.
(r) To settle differences, if any, amicably among the residents in the matters affecting their common welfare and well being.
(s) To perform such other legal and proper acts that are necessary for welfare of the members of the Society.
(t) To do all such things as are incidental or conducive to the attainment of any or all of the above objectives (u) To provide for maintenance, repair and replacement of the common areas/facilities by contribution, subscription and collection of maintenance charges from the Villa/Apartment owners, levied from time to time as per the Bye Laws, such as the following:- (i) Adequate water supply for drinking and washing purposes. (ii) Electricity, street lighting and operation and maintenance of lifts. 8 (iii) Sewage system maintenance. (iv) Cleanliness and conservancy. (v) Security system to protect the residents and common property and fire fighting installations. (vi) Facilities towards the health, welfare, clean environment and amenities. (vii) 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
(v) To frame the Rules of Business subject to the approval of General Body Meeting, AWHO, and the Registrar. (w) To retain, manage, maintain and administer, as the custodian and administrator and to give on license, portions of common areas and facilities to non-members as per the objectives of the Society and also to meet the recurring expenditure on maintenance and upkeep of services in the Society. (x) To do all things necessary and/or otherwise provide for welfare of members, expenditure on maintenance and upkeep of services in the Society. (y) The Society is formed mainly to organize and administer all aspects of community living to provide a good and ethical standard of life for its members. The Society is a non-profit organization. CHAPTER II - MEMBERSHIP, RIGHTS AND DUTIES 6. The member 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
9 (d) 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.
(e) 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. 7. Any person will be eligible to be a member of the Society provided :-
(a) He/she has been allotted a dwelling unit in Yelahanka Part A & B (Name of the project) by AWHO.
(b) When a persons 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 obligation and liabilities of a member of the Society, as laid down in the Act, the rules made thereunder and 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.
8. Any person who has not been allotted a dwelling units by the AWHO in Yelahanka Part A & B (Name of the project ) will not be made a member of the Society.
9. 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 each DU owner may obtain copy of these bye-laws on payment of Rs.100/- from RWA.
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 10 punishment/disqualification; and other steps will also be initiated as decided by the Managing Committee as per the bye-laws.
11. Every member/ occupant shall pay annual/monthly subscription for maintenance of security arrangements and other necessary civic amenities and common facilities decided by the Managing Committee from time to time. If the owners/occupants do not pay the annual/monthly subscription, 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 instalments or in lumpsum 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 chemicals to be added for water 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.
Joint Villa/Apartment Owner 16. Two or more blood relatives may be included as joint owners for registration purposes only. However, the shares of the Society shall be issued in the name of allotee owner only, who alone shall have the right to participate and exercise all rights including standing for elections to office bearers and voting at the meetings. On resale of a dwelling unit, the share certificate will be amended to bear the name of the new member. Existing joint names entered, if any, in share certificates shall be null and void. 11 Holding of One Share Compulsory 17. Every Villa/Apartment owners shall hold only one share of the Society. RIGHTS, OBLIGATIONS AND PRIVILEGES OF MEMBERS
18. (a) Right to Receive Notices: Notices of all the 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 for the Society has been opened 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 himself posted with these from the web site.
(b) 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.
(c) Proxy. Any member, who has a right to vote, may appoint any person as his/her proxy and such appointment shall be in writing, addressed to the President and should reach him at least two days before the meeting, otherwise no proxies are permitted.
19. A member 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.
20. Each member is entitled to attend Annual General Body Meeting and Special General Body Meeting and elect the Executive/Managing Committee.
21. 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.
22. Every member is obliged and duty bound to honour the bye-laws and to respect the constitution of the Society. 12
23. A member may move the District Count for resolving any dispute arising between the members of the Managing Committee or with the members of the Society.
24. 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 para 11 of the bye-laws.
25. The Managing Committee will remove the members who have entered into subversive activities against the interest of the Society.
26. 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 property of the Society, if any.
27. 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.
28. 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 can apologise for their actions before the Managing Committee.
29. 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 30. The Capital shall consist of :-
13 (a) Loans and deposits from members. (b) Donation 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 31. The capital of the Society shall be used in carrying out its objective. 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 Nationalised 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 undertaking of repute. (g) In such other mode of investments as may be prescribed by the General Body Meeting. V GENERAL BODY MEETING
32. The General Body Meeting shall be held annually with in the Yelahanka Part A & B (Name of the Project) Complex or any other place as the Managing Committee may decided from time to time. The supreme authority of the Society shall be vested in the General Body.
33. (a) The Annual General Body Meeting shall be called within a period of 3 months of the close of the finical year. A special General Body Meeting may be called at any time by the Managing committee and shall be called by the Secretary on receipt of a requisition from 1/5th the total numbers of members or from the Register of Societies or any person any authorized by him.
(b) In case of the Annual General Body Meeting, time and place of the 14 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 noticed board of the Society and circulation to the members. The election shall be by show of hands unless otherwise decided by the General Body Meetings and rules framed by the General Body Meeting and registered with the Registrar of Societies. However for the allottees who are posted elsewhere due to service exigencies, provision of postal ballot shall b made.
(c) The presence of at least one third of the living in members shall be necessary for the disposal of any business at a General Body Meeting, i.e one third of the members shall from 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 Vice-president or in their absence one of the other members elected for the purpose shall preside.
34. 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 years 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 15 communication from the Registrar.
(d) To dispose off profits in accordance with the Act, Rules made thereunder, 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 Registrars instructions on the subject but this may be exceeded with the special sanction of the Registrar to be obtained in each case.
(f) To fix the rents of Shops and Community Center charges.
(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.
35. 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.
36. 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 the approval by AWHO the same shall be forwarded to the Registrar of Societies for 16 registration within a period of 3 months from the date of meeting.
37. All other issue before the General Body Meeting shall be decided by a majority of votes.
Composition of the Management Committee 38. The Management Committee shall consist of a total of nine members duly elected under these bye- laws. 39. The number of members apportioned among the Villas/flats shall be as under:- (a) Villas - One each from each pocket I, II, IV, V, and Part B. (b) Two members from Apartments in Pocket III. (c) Lady Member. A lady member shall be elected from any pocket. (d) The President of the Society can be from any of the above categories
VI ELECTION AND NOMINATION OF MEMBERS OF MANAGING COMMITTEE
40. (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 the outgoing Management committee or by the President of the Societies.
(b) The vote at such election shall be secret ballot. Postal ballots will be considered for all the allottees who are posted elsewhere due to exigencies of service.
(c) The term of the office of the elected members shall be not 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.
17 (d) No person shall be eligible to be elected member as a member of the Managing Committee of the Society unless he is a member of 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, the Managing Committee and WHO concerning any other issue mentioned above. (f) Casual vacancies may be filled by co-option done by a majority of the Management Committee members and such a co-option shall hold good till the following AGM, when election to fill the vacancies take place. (g) Cost of conducting tile elections once every two years shall be borne by the Society (h) A joint owner can neither attend the voting/meeting nor cast a vote. No Identity Card is issued to a joint owner. VII MANAGING COMMITTEE
41. (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 Force only. They may, however, be either serving or retired.
18 (b) One third of the Managing Committee or more shall form a quorum If at any meeting of the Committee, there be less than a quorum present, the majority of those present may adjourn the meeting by 30 minutes to enable quorum. At any such adjourned meeting, any business which might have been transacted at the meeting originally called may be transacted without further notice, and such a meeting shall be assumed to be a valid one. Should there be no Quorum even after 30 minutes, a fresh date shall be fixed and intimated to all the members. (c) The President or 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 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 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.
42. A member of the Managing Committee shall cease to hold office if he ;-
(a) Cease to be a member of the Society. (b) Applies for insolvency or is declared insolvent. 19 (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.
43. NO office bearers/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 Vasanth Vihar Army Residents Welfare Association.
44. Managing Committee shall exercise all the power 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 thereunder and these bye-laws. (ii) To maintain true and accurate accounts of all moneys received, expended and all stock brought 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 authorized to inspect by the Registrar and take necessary action. 20 (viii) To elect new members. (ix) To arrange for recovery of dues of the Society from its members/residents/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 authorized to see them.
(xii) To appoint, suspend, punish and dismiss employees subject to the provisions of these bye-laws and to fix their remuneration. (xii) 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 registers and papers prescribed in theses bye-laws. (xv) To invest the surplus funds of the Society in accordance with Section 31 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 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 thereunder and these bye-laws. 21
45. 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 anther member of the Managing Committee
46. 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.
47. The Managing Committee may amongst its own members from 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 Societys affairs. The Sub-Committee or members shall in the discharge of any functions entrusted to it adhere in all respects to these bye-laws and to the instructions given by the Managing Committee.
48. There shall be at least12 meetings of the Committee in a year.
Resignation of a Member 49. A member of the Management Committee (including the office bearer) may resign his membership in writing.
DUTIES OF THE MANAGING COMMITTEE MEMBERS
50. Officials of the Society (a) The Management Committee/Society shall appoint the Chief Executive and other required staff with prior approval of Government. (b) The terms of contract in each of the above cases shall clearly exclude any liability by the Society towards any claim or compensation including EST/Provident Fund/Gratuity etc
22 51. (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 authorized expenditure up to Rs. 20 000/-(or as approved by the AGM). The expenditure so incurred should get 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 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 defend by the President who shall sign the document/papers and Vakalatnama relating to, in the name of and on behalf of the Society.
(b) 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 if the Bank accounts.
(c) SECRETARY CUM CEO:
(i) The Secretary shall be responsible for managing the administration of the Society under the orders of the President Subject 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 consolation with President and with the approval of the Managing Committee can take action against members who violet the rules and regulation of the Society. He/She will maintain a register containing names and address of all the members of the Society.
(ii) He/She will issue the notice the meeting in consultation with the President/Vice President and shall draw the agenda of these meeting. He/She shall keep proper records of the meeting 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.
23 (iii) The Secretary shall have the custody 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.
(iv) The Chief Executive shall be the Chief Administrative Officer of the Society and shall be subject to the general supervision and control of the Committee and such other conditions and restrictions as may be specified in the bye laws. He shall:- (v) Be responsible for the general supervision and control over the employees of the Society and be responsible for the day to day management and business of the Society. (vi) Carry on the authorized and normal business of the Society. (vii) Be responsible for opening the bank accounts in accordance with the provisions of the bye-laws and shall make arrangements for safe custody of cash. (viii) Sign and authenticate all documents of the Society for and on behalf of the Society. (ix) Be the custodian of all records and documents of the Society and shall make arrangements for the correct maintenance of accounts and various books and records of the Society and for the correct preparation and timely submission of periodical statements and returns in accordance with the provision of the Act, Rules and Bye-laws and as directed by the Registrar or the Director of the Co-operative Audit. (x) Be responsible for convening the meeting of the General Body, the Committee of Management and the Sub-Committees in consultation with the President or Chairperson and recording and maintaining minutes of such meetings. (xi) Assist the Committee in the formulation of policies and objectives and planning. (xii) Provide necessary information to the Committee and apprise the Committee, the functions and operations of the Society. (xiii) Sue and be sued on behalf of the Society. (xiv) Perform such other duties and exercise such other powers imposed or 24 conferred on him under the Act, Rules or Bye-laws. (xv) He shall send a copy of the extract of the cash book duly certified by him every month to the Registrar, if called for. He shall also send a certified copy of the proceedings of the General Body Meetings and of the Management Committee meeting to the Registrar within thirty days from the date of such meetings
Additional Duties of Secretary Cum Chief Executive 52. Additional duties of the Chief Executives are as follows: - (a) He shall be responsible for carrying out the orders and instructions received from time to time from the Management Committee, Vice-President and the President. (b) He shall coordinate all activities required for maintaining essential services in the best possible manner at all times. (c) He shall supervise all the agencies, which are employed in various activities inside the Society, eg. House-keeping, Security, Arboriculture etc. (d) He shall take timely remedial measures to avoid any major breakdown in essential services (eg. Water, electricity, security, and housekeeping) and if it does happen when beyond anyone's control, take action to restore the same at the earliest. (e) He shall constantly maintain a close liaison with KPTCL, BWSSB and other government agencies who have a direct bearing on the smooth running of the essential services. (f) In the event of any breakdown etc. he shall notify the coordinator, Vice- President, President and respective Sub-Committee members. (g) Maintain the various assets of the Society in terms of their accounting, maintenance and working efficiency at all times. (h) He shall account for maintenance and other dues to be levied from members and other parties and keep the treasurer and the Management Committee in picture. (j) Update the status of receivables from time o time. (k) He shall maintain the petty cash expenditure. (l) He shall account for all receipts and expenditures. (m) Maintain the recreation facilities of the Society in proper form and functional efficiency. 25 (n) He shall be responsible for the efficient working of all the staff under him, such as office staff, maintenance staff etc. (o) He shall notify all instructions of Management Committee to the residents through Society/ Blocks area notice boards. (p) Report any security lapse to the Security Sub-Committee immediately on such lapses coming to his knowledge. (q) He shall attend all the Committee Meetings, unless specifically ordered not to be present
(d) Joint Secretaries Joint Secretaries shall carry out such duties as may be assigned to them time to time by the secretary. In the absence of the Secretary one of the joint Secretaries (as per 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 incharge of the funds of the Society subject to the control and direction of the Managing Committee. He/She 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 Advisor 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 on the bank account of the Society. They shall deposit the money received in to 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. 26
53. 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 work load and remunerations and will be approved by the General Body Meeting.
Financial Powers 54. The financial powers of various officials and office bearers without reference to the next higher authority, but within the limits of budget are given below. However, expenses under these powers shall be ratified in the Management Committee Meeting that follows immediately thereafter:-
Ser Appointment In a day Subject to total in a month Subject to total in a year (a) Chief Executive Rs 1500/- Rs 3500/- Rs 35000/- (b) Sub Committee Concerned Rs 2500/- Rs 10,000/- Rs 1,50,000/- (c) President or Vice President acting as President Rs 5000/- Rs 25,000/- - (d) Management Committee No limits(See Para 12)
55. In an emergency or when unavoidable/inescapable, the Management Committee may depart from the budgetary limits up to 10% excess of the budget OR 25% of all FDs held, whichever is higher, but shall get the same ratified by the next Annual General Body Meeting. The General Body however, shall have NO limits, within the resources available or being mustered. 56. The above powers may be reviewed once in 3 years or earlier in an Annual General Body Meeting depending on the cost of living index, market conditions and other factors.
VIII - REGISTERS 27
57. 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 persons 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. (i) Any other register prescribed by the Registrar.
58. 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.
59. The Managing Committee shall appoint one of its office bearers or one of the Society to take hold and keep in safe custody the registers prescribed in the bye-laws and also other papers in use of the Society.
Properties 60. The Chief Executive, on behalf of the Society, shall maintain a list of assets of the Society, both fixed and moveable, in a roster, which shall be open to inspection by the Committee or by any member of the Society on a written application by any owner/member, with the approval of the Committee. 28 61. The fixed assets of the society shall constitute the list forwarded by AWHO plus any other assets constructed/acquired since registration. 62. The movable assets shall comprise of all moveable properties handed over by the Project Manager AWHO or purchased/acquired by or donated to the Society. 63. The list of assets (both fixed and movable) shall be maintained separately for the society and the Vasanth Vihar Institute, indicating source of purchase/receipt, cost of acquisition, annual depreciation and so on. IX COMPULSORY DEPOSITS
64. (a) Every member subscribes to deposit 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.
Establishment of a Sinking Fund 65. There shall be a sinking fund. It consists of Rs.750/- per member along with Rs. 1,50,000/- received from AWHO plus any future additions, to be merged into a sinking fund, to be utilized against chargeable heads for Villas/Apartment and common utilities. The basic principle shall be user to pay. X AUDIT
66. 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. 29 (e) Stock register. (f) Cash books, ledgers and receipt books. (g) Directory of allottees. (h) Any other records as may be considered essential/necessary by the Society.
XI DISTRIBUTION OF PROFITS
67 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.
68 The balance shall be the net profit of the Society as follows:-
(a) Not less than 25% 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
69. The reserve Fund is undivided and it shall be invested in Government Securities 30
XIII DISPUTE
70. 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 Act and the Rules made thereunder.
71 All matters not specially provided for are to be decided in accordance with the Act and the Rules made thereunder.
72. 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.
73. The society shall ensure that for allotment of shops, the allottees shall be given preference thereafter to ex-servicemen/widows of army personnel to give them employment/business opportunities.
74. No allottees or sub 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 Bangalore/BIAAPA administration.
75. No allottees or sub lessee shall use the dwelling unit for commercial purposes.
76. No allottees or sub 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 31
77. 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 sprit. 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.
78 No dwelling unit will be rented out/leased to a third party without prior permission of the Society in writing. The Society has the write 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 LEASA 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/nonworking 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 Societys office. All local rules set by the society shall be followed in letter and sprit.
XV GENERAL PROVISIONS
79 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.
80. Temporary use of common areas like terrace, courtyards gardens, passages etc for any social or religious functions shall only be with prior permission of the Managing committee.
81. 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 32 and around the dwelling unit.
82. The external shape, colour, faade 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 committeeThe dwelling units have been built as per the BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY (BIAAPA) sanctioned plan. No owner of Villa/apartment shall make any modification or alteration to any Villa/apartment without prior and specific permission from the Committee. The Committee shall approve any such modification provided the same is not affecting the original structure as per the sanctioned plan or it does not affect the adjacent dwelling units. Before granting the permission, the Committee shall obtain a written undertaking from such owners in the form prescribed.
83. 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.
84. 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.
85. 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 by the flat owners, if there 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.
86. In case any dispute between the Managing committee and the flat owners, the matter may be referred to an arbitrator in writing and his decision shall be binding on the Managing committee and the flat owner.
87. Terrace and 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. If such a structure is erected in spite of the objection by the Managing committee, the same will be demolished. The clause is to be noted and shall be binding on all the members of the Society and will be strictly enforced.
33 88. No owner/resident shall encroach on the Society Premises and no structure shall not be put up in the common areas i.e. terrace, 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 premises and to remove such super structure/extension at the cost of the concerned flat owner.
89. Plantation and maintenance of trees within the campus may be taken up in big way for creating a healthy atmosphere and for beautification. Maintenance of parks is to be done meticulously.
90. 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.
91. 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, subscription and donations. The salary for the staff and Technicians shall be paid from the funds of the Society.
92. Garbage is to thrown only at the designated/earmarked places in order to avoid unhealthy conditions. The residents should not throw refuse/garbage from upper floors on to the ground floor. The residents should use the garbage disposal shoots provided on each floor for disposal of their garbage.
93. 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.
94. Parking of Vehicles will be done strictly at the respective place allotted to the particular apartment owners. For others who do not have the allotted parking place, they will park their vehicles at the earmarked places so that problems are not created for others.
34 95. Assessments . All owners are obliged to pay annual assessment imposed by the Society to meet all expenses relating to the complex, which may include an insurance premium for a policy to cover repair.
96. 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.
97. Right of Entry. An owner shall grant the right of entry to the manager or to any other person authorised by the Society in case of any emergency originating in or threatening his unit, whether the owner is present at time or not.
98. 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 request 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. 99. Attiliation. 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 sums from time to time payable such Federation under the rules thereof.
100 Seal of the Society. The Society shall have a common seal, which shall be in the custody of the Secretary, or any other person authorized by the Society. Service Cell 101. There is a service cell located in the Civic Amenity area of Vasanth Vihar to attend to the complaints of the residents. It functions around the clock. Residents are required to write down their complaints in the relevant registers provided at the service cell desk. Only written complaints will be attended to. A plumber and an electrician are available between 9 AM and 5 PM on all days except Sundays. Dogs/Pets Nuisance: 102. Ownership of dogs/pets by resident is not permitted except by owners. Owners with pets will ensure that the pets do not defecate in premises/common areas of the complex. Owners will also ensure that the pets are not left unleashed outside their dwelling units. 35 Flower Pots. (Only applicable to Apartment owners) 103. (a) On the Parapet Walls. It is unsafe and dangerous and secondly, while watering the plants, the top soil and water spills over, defacing the colour washed facade. Colour wash is very expensive and cannot be undertaken frequently. (b) In the Central Lobby/Passage and in front of/alongside the lift doors. Firstly, it is unsafe, as water from the pots flows over the rest of the floor surface and may even enter the lift pit and cause short circuit. Secondly, they may become obstacles to free movement of residents and thirdly, crowding up of the lobby with pots hinders the house keeping activity and the top soil that flows on to the free floor areas soils whatever little cleaning has been Possible. (c) All flower pots shall be placed only in the areas provided with drain out facility such as outside the windows, over the main porch at each floor level and sparingly in the fire escape balcony. (d) Pots kept in the balcony should have plastic receptacles placed below to prevent water spillage. 104. No carpentry/masonry work shall be done in dwelling units except between 9 AM and 6 PM on weekdays, with a break from 2 to 3 PM. 105. Residents shall not cause any noise pollution including by the uses of loud musical instruments, radio, televisions, amplifiers etc. that may disturb or cause nuisance to others. Playing of TVs, musical instruments, radio, music players after 11PM should be subdued in deference to other members of the society. 106. Hanging personal clothes, garments, rags etc., from the windows or in the balcony for public view is not permitted.
107. Servants and Security. Every Servant or Car cleaner shall possess an entry pass. Whenever a servant/cleaner leaves the employment, they shall surrender their pass to the office. 108. No encroachment is permitted on common areas. All encroachment shall be evicted at the risk and expenses of the offender, without any notice
XVI LIQUIDATION
109. (a) The Society shall be wound up and dissolved only by an order of the Registrar under the relevant Section of the Act.
36 (b) After meeting all the liabilities, surplus assets, if any, shall not be divide 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 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 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 Vasant Vihar) Welfare and Maintenance Society
AFFIDAVIT I, _____________________________, aged _____ years, son of _______________________, resident of ____________________________ solemnly affirm and state on oath as follows :- 1. I state that, I am the President of VASANTH VIHAR RESIDENTS WELFARE ASSOCIATION, BILLAMARANAHALLI VILLAGE, BETTAHALSUR POST, JALA HOBIL, BANGALORE NORTH, BANGALORE- 562157, and I respectfully state that I am fully acquainted with the facts and I am deposing to. I state that this Affidavit has been sworn by me in favour of Registrar of Societies, Bangalore Urban District, Bangalore, for the purpose of registration of the abovementioned Association under the Karnataka Societies Registration Act, 1960. 2. I state that the above referred Society is a Society established with a President, and other members of the Management Committee as described in ANNEXURE A and they are duly elected by the members as per the law. 3. I state that there is no other Society registered in Bangalore Urban District, in the name 37 of the above Society, and in case any other Society in the above name is found to have been registered in Bangalore Urban District, I agree that the registration of this Society may be cancelled. 4. I state and undertake that after registration of the Society, records required to be submitted under the Act and Rules with regard to Annual Meeting of the Society will be submitted promptly every year. 5. I state that as stated in the Memorandum of Association and Rules and Regulations of the Society, the name of the Society, its address, name and addresses of the members of the Society are true and all the members of the Society have signed in my presence. I further state that none of them are illegal and I assure that in future also I am bound to identify those signatures. 6. I state that the above information is true to my knowledge and nothing has been concealed.