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BYE LAWS

BYE LAWS SISPAL VIHAR SOCIETY, ARMY WELFARE HOUSING ORGANISATION, (AWHO) (AWHO) RULE,1987 AND THE HARYANA APARTMENT

SISPAL VIHAR SOCIETY, ARMY WELFARE HOUSING ORGANISATION, (AWHO)

(AWHO)

RULE,1987 AND THE HARYANA APARTMENT OWNERSHIP ACT,1983 REGISTERED UNDER THE HARYANA REGISTRATION & REGULATION OF SOCIETIES ACT,2012 Chapter - I

1. Short title and Application:

2013,

FORMED

UNDER

ARMY

WELFARE

HOUSING

ORGANISATION,

(i) These Bye-Laws may be called the Bye-Laws of the Association of Apartment Owners of Sispal Vihar, (AWHO), Gurgaon.

(ii)

These Bye-Laws shall apply to the members of Association of Apartment Owners of the

Sispal Vihar Society, (AWHO). This Multistory Apartments’ Complex is situated at Sector – 47 & 49, Sohna Road, Gurgaon – 122018 (Haryana).

(iii)

tenants, future tenants or their

All present owners, their successors-in-interest, employees who may or any other person who may use

the

facilities

of

the

 
 

MultistoreyMultistory Apartment Complex in any manner shall be bound by the provisions set forth under these Bye – Laws. - Laws.

(iv)

The acquisition of ownership or on rent of any Apartment (hereinafter referred to as

"Dwelling Unit") of the Complex or act of occupancy of any of the said units will signify

that

these

bye-laws are accepted, ratified and will be complied with.

2. Definitions:

Unless otherwise specified, all words and phrases used in these Bye-Laws shall have same meaning as ascribed to them under the Haryana Registration and Regulation of Societies Act, 2012 and the rules framed there under and the Haryana Apartment Ownership Act, 1983 and under Army Welfare Housing Organization (AWHO) Rule, 1987

3. Haryana Apartment Ownership Act, 1983 The multistorey Apartments and EWS accomodation Multistory Apartments complex raised at Sector – 47 & - 49, Sohna Road District – Gurgaon (Haryana), and known as the Sispal Vihar (AWHO), is submitted to the provisions of the Act and the rules made there under.

4. Army Welfare Housing Organisation Rule,1987 The Sispal Vihar (AWHO), multistoreyMultistory Apartment Complex at Sector – 49, EWS Complex and Community Center Number 2 in Sector 47, Sohna Road, Gurgaon – 122018 werewas constructed by Army Welfare Housing Organisation under the Welfare Scheme exclusively for the ex-servicemen and serving Army Personnel on no loss no profit basis. Army Welfare Housing Organization (AWHO) Rule, 1987 thus have primacy and are obligatory for Sispal Vihar (AWHO) Society. Sispal Vihar Complex was transferred by Army Welfare Housing Organization (AWHO) for its Management exclusively by serving / ex- serviceman of Defence Services by those who are the Owners of the Apartment in Sispal Vihar under AWHO Rules, 1987. Civilian Members of the Society can be elected to the Collegium but are debarred from holding any Appointment in the Governing Body.

5.
5.

Aims and Objectives of Sispal Vihar Society:

The aims and objectives of Sispal Vihar Society shall be:- (i) to be and to act as the Association of Apartment Owners of the Multistorey complex

called the Sispal Vihar Society (AWHO), (hereinafter called "Societycomplex") who have filed their respective declarations submitting their apartments to the provisions of the Act.

(ii) to manage, invest or deposit contributions and other money with Sispal Vihar Society as approved by General Body Meeting of Collegium; in the best interest of the Society

Bye Laws and in strict observance of the 'Canons of Financial

in accordance with

Propriety' .

(iii)

to ensure that the complex is properly managed, maintained and administered in a

manner compatible with the standards and expectations of the apartment owners; (iv) to provide for the maintenance, repair and replacement of fittings, fixtures, appurtenances or other property requiring maintenance, repair and replacement comprised in common areas and facilities by contribution made by the apartment

owners, and if necessary, by raising loans for that purpose; (v) the contribution from Apartment Owners for Maintenance of common areas, restricted common areas, Club maintenance charges, tariffs and other charges will only be recovered as approved by the collegiumin the General Body Meeting; (vi) to retain and permit use of common facilities by Residentsto outsiders against an

and

appropriate such income for the objects of Sispal Vihar Society or its credit to a

Collegium

Body

approved

charge

after

approval

from

General

Meeting

 

Capital fund; limited to the extent permitted by the Bye Laws or as approved by the

Collegium. Non members and non residents

will not be permitted to use any

common facility even on payment.

 

(vii)

to establish and conduct educational, physical, social and recreational activities for the benefit of the apartment owners. No payment will be paid to any commercial organisation/ individual for organising such events.; unless approved by

the Collegium for a planned and specific event. on its own account or jointly with individuals or institutions;

(viii)

All jobs will be outsourced and only a small staff will be kept / recruited for running of the office. The number of employees on central rooster should not exceed 10 under any circumstances. If there is need to hire more staff prior approval will be taken of the Collegium with 2/3 rd people voting in favour. All staff of the Society will be on Contract basis only.

(i)

to frame rules regarding establishment of any provident fund for the benefit of full-

 
 

time employees of Sispal Vihar Society, as required under the law of the land, after following the prescribed procedure;

(ix)

to do all things necessary or/and otherwise provide for the attainment of the objects specified in these Bye-Laws.

(x)

Sispal Vihar Society shall not act beyond the scope of its objects without suitably amending the provisions of these bye-laws for the purpose;

Affiliation

Should there be any Federation of apartment owners in which Sispal Vihar Society (AWHO)

Prior approval

on year to year basis be taken from the Collegium for making any payment of any sums to such Federationthereof and pay the sums from time to time payable to such Federation under the rules thereof.

is situated, Sispal Vihar Society may become a member there of if it is free.

Chapter – II

Chapter - II Membership for Sispal Vihar Society for Apartment Owners of Sispal Vihar

6.

Terms of admission for Membership of Sispal Vihar Society

(ii) Apartment Owners who have been allotted apartments originally by Army Welfare Housing Organisation (AWHO) will only become the members of Sispal Vihar Society.

(iii)

Subsequently, persons who have been allotted apartments on transfer by Army Welfare Housing Organisation (AWHO) will also be the members of Sispal Vihar Society.

(iv)

Apartment owner who owns an apartment in Sispal Vihar Society (AWHO), Sector – 49, Sohna Road, Gurgaon, will be governed and will abide under the clauses 3 to 6 of these Bye-Laws submitting the apartment to the provisions of The Haryana Registration & Regulation of Societies Act, 2012, Haryana Apartment Ownership Act, 1983, and Army Welfare Housing Organization Rule, 1987 shall be a member of Sispal Vihar Society,

(v)

Each member shall receive a copy of the bye-laws in electronic form for their reference, of which a hard copy may also be supplied on demand of fee of Rs. 20/-.

(a)

Upon any apartment owner transferring his/her apartment by way of any will, gift or sale or family transfer through Court Decree or an apartment becoming liable to transfer on account of natural inheritance, the successor-in-interest shall become a member of Sispal Vihar Society, and shall be admitted as a member on payment of the applicable membership fee to AWHO and Sispal Vihar Society ;Provided that any transfer of the apartment by way of sale to a third party, other than those involving family transfers, shall require prior approval of the AWHO and Sispal Vihar Society. The transfer fee to the Society will not be applicable for cases where the wife / son/ daughter have inherited the property after the death of the Members (as defined in these bye laws), however AWHO may charge them any fee / payment as deemed fit by them.

(b)

Further provided that wherever Sispal Vihar Society permits any such transfer, the seller/ transferor or the buyer / transferee, as mutually settled between the parties, buyer shall be liable to pay a one-time transfer fee to AWHO and to Sispal Vihar Society. The amount to be charged will be approved by the collegium and details of all such transactions will be placed before the Collegium,

(vi)

On the death of an apartment owner, the apartment shall be transferred after affirmation from AWHO and Sispal Vihar Society to the person or persons to whom the owner bequeaths the same by his or her nomination or will or to the legal heirs of his or her estate, in case he or she has not made any specific bequest of the apartment:

(vii)

Where any legatee is a minor, the apartment owner shall appoint a guardian of such minor to exercise powers and perform the functions required under these bye-laws.

(viii)

The Buyer and family transferee will also submit a copy of Conveyance Deed to this effect to AWHO and Sispal Vihar Society office.

6. Disqualification:

Any member who has violated the rules and regulations/ Bye-Laws of Sispal Vihar Society or

who indulge in activities contrary to the interest of Sispal Vihar Society, a resolution can be

brought

disqualification; and other steps will also be initiated as decided by the Governing Body as per the Bye-Laws. The composition of the Disciplianary Committee will be three prominent residents , to be aproved by the Collegium . The procedure will be as follows:-

forward

by

the

Governing

Body

against

such

members

for

punishment

/

(a) Each individual case will be discussed in the Collegium Meeting.

(b) Each defaulting Member(s) will be served a show cause notice and given 30 days time to reply.

(c) Disciplinary Committee will investigate the case once the reply to the show cause

has been received and forward their recommendation to the Collegium.

(d) Necessary action which can also include fine not exceeding Rs 5000 (five thousand)

can be imposed after a 2/3 majority have approved the case.

(e) No members can be debarred for life from the membership of the Society; he may be

debarred from becoming the Member of the Collegium & the Governing Body for a period of three years.

(v)

Disqualification:

Any member who has violated the rules and regulations/ Bye-Laws of Sispal Vihar Society or

who indulge in activities contrary to the interest of Sispal Vihar Society, a resolution can be

brought forward by the Governing Body against such members for punishment /

 
 

disqualification; and other steps will also be initiated as decided by the Governing Body as per the Bye-Laws.

7.

Joint Apartment Ownership

Where an apartment has been registered by the allottee in the Conveyance Deed in favour of two or more persons jointly, they may be jointly entitled to the ownership of the apartment. The membership of Sispal Vihar Society in such case will be issued in the person whose name stands first in the Conveyance Deed and only that member shall have the right to vote; provided that such person, whose name stands first in the Conveyance Deed, may transfer such right of vote to any one of the other joint owners under written intimation to Sispal Vihar Society (AWHO) and Registrar of Society and thereafter will forfeit his/her right to Vote.

Identity Card for Members of Sispal Vihar SocietySociety and thereafter will forfeit his/her right to Vote. Apartment owner admitted as a member of

Apartment owner admitted as a member of Sispal Vihar Society will be issued an Identity Card containing his/her Photograph, brief particulars and duly signed by individual member and the General Secretary of Sispal Vihar Society which will be required for the election purposes. Apartment owner will be required to provide two copies of photograph, Possession Letter / Transfer Letter from AWHO and a photocopy of Conveyance Deed.

Rights & Obligations of Members of Sispal Vihar SocietyLetter from AWHO and a photocopy of Conveyance Deed. (i) All the members of Sispal Vihar

(i)

All the members of Sispal Vihar Society shall be bound by the rules and regulations of Sispal Vihar Society as contained in its byelaws and as amended from time to time;

(ii)

Every member of Sispal Vihar Society shall have a right to cast his vote in the elections from their respective Collegium of Sispal Vihar Society provided such member is not a defaulter in payment of any dues of Sispal Vihar Society and the annual subscription for a period of three months beyond the due date;however all votes will be cast in person; proxy voting and postal voting will NOT be allowed.

(iii)

Every member of Sispal Vihar Society shall have the right to inspect the books of accounts,

books containing the minutes of proceedings of the Special /General Body Meetings, meetings of the Governing Body and register of members of Sispal Vihar Society on any

working day by giving after serving three days notice; provision for this will be made twice in a month; the day/ date will be given in the web site.a notice of seven days;

(iv)

Every member is obliged to inform Sispal Vihar Society about any changes in his address, e- mail, mobile & telephone numbers on occurrence which shall be duly recorded in the register of membership of Sispal Vihar Society.

(v)

Permanent Members of the Sispal Vihar Society will automatically be members of the Sispal

Vihar Club. However, tenants/ relatives of Permament Members who are

Sispal Vihar will have a choice of taking membership of the club by payment of the charges fixed for such membership. The charges will be approved by the Collegium and may be reviewed from time to time. The membership of the club will not be compulsory for the tenants/ relatives of Permanent Members.

staying in the

10.

Cessation of Membership of Sispal Vihar Society:

Any person admitted as a member shall cease to be a member of Sispal Vihar Society in the following events:

(i)

Attracts the provisions contained in Section 22 of The Haryana Registration & Regulation of Societies Act, 2012;

(ii) Upon his/ her acting contrary to the aims and objectives of Sispal Vihar Society;

(iii)

(iv)

(v)

Upon such member being found guilty of a financial misappropriation of the funds of Sispal

Vihar Society; Upon removal by Collegium in Special / General Body Meeting by majority of Votes.

Upon indictment and directions for removal by the District Registrar/ Registrar/ Registrar General of Societies; Action in all above mentioned cases will be taken as per details / procedure out given in para 6 of the Bye Laws above .

(vi) 11.
(vi)
11.

Deed of Declaration and Shares :

The AWHO was required to prepare a Deed of Declaration as per Haryana Apartment Owners Act, 1983. The Deed of declaration gives the share quotient to the owners in the common areas of the property and land of Sispal Vihar.

Chapter - III

Collegium of Sispal Vihar Society

12. Collegium of Sispal Vihar Society The New Act promulgated as The Haryana Registration and
12.
Collegium of Sispal Vihar Society
The New Act promulgated as The Haryana Registration and Regulation Act, 2012 has come into
effect w. e .f. 28/03/2012 whereby these Bye-Laws of Sispal Vihar Society are reframed under
this Act.
(vi)
Composition of the Collegium of Sispal Vihar Society:
(i)
As per this Act, a collegium may have a minimum of 55 and a maximum of 300 members.
Sispal Vihar Society has 1068 members. Approximately 80% of the members of Sispal
Vihar Society being Serving Defence Officers are posted in different parts of the Country
and hence are neither available for day to day functioning (governing body) nor for
making rigid/ specific electoral colleges in a mathematical distribution. The Society thus
needs to have maximum flexibility in determination of the members to be elected to the
“collegium”. Therefore the Society is subdivided into four electoral colleges of equal
strength based on contiguity of the Dwelling Units and each Electoral College would elect
equal number of members to the Collegium of the Society.
(ii)
The Sispal Vihar Society would be divided into Four Electoral Colleges. The Four Electoral
Colleges would be based on serial wise apartment from Tower-A to Tower - S (comprising
of all 17 Towers having a total of 1068 members of Sispal Vihar Society) as under:

13. Composition of the Collegium of Sispal Vihar Society:

(iii) As per this Act, a collegium may have a minimum of 55 and a maximum of 300 members. Sispal Vihar Society has 1068 members. Approximately 80% of the members of Sispal Vihar Society are either Serving Defence Officers posted in different parts of the Country or retired and staying in a different location. Over a period of time, the number of out-station members will reduce and the numbers of resident owners will increase. The collegium size should therefore be kept in mind both the present number of residents and their expected number in the future and in a manner which is equitable to all Blocks.

(iv) The Sispal Vihar Society would be divided into 17 Electoral Colleges. Each Block will be an Electoral College would be based on serial wise apartment from Tower-A to Tower - S (comprising of all 17 Towers having a total of 1068 members of Sispal Vihar Society) as under:

S.N.

Electoral

Tower

Apartment No.

College

No.

No.

Total No. of Apartments No of members of Sispal Vihar Society N o o f
Total No. of
Apartments
No of members
of Sispal Vihar
Society
N
o
o
f

m

e

m

b

e

r

s

e

l

e

c

t

e

d

C

o

l

l

e

g

i

u

m

1.

2.

1

Total

2

 

TOTAL

3

TOTAL

4

TOTAL

Grand total

S.N.

Electoral

College No.

1.

1

2

3

4

5

2.

6

7

8

9

 

From

To

A

A-0101

A-1205

57

57

B

B-0101

B-1205

57

57

C

C-0101

C-1205

57

57

30

D

D-0101

D-1206

67

67

E

E-0101

E-605

30

30

4.5

-

-

268

268

30

E

E-0606

E-1205

30

30

F

F-0101

F-1205

60

60

G

G-0101

G-1205

67

67

30

H

H-0101

H-1206

67

67

J

J-0101

J-1201

56

56

4.5

-

-

272

272

30

K

K-0101

K-1206

67

67

L

L-0101

L-1206

67

67

30

M

M-0101

M-1206

67

67

N

N-0101

N-1205

67

67

4

-

-

268

268

30

P

P-0101

P-1205

59

59

Q

Q-0101

Q-1206

67

67

30

R

R-0101

R-1206

67

67

S

S-0101

S-1206

67

67

4

-

-

260

260

30

17

-

-

1068

1068

120

Tower

Apartment No.

Total

No.

of No of members to

Remarks

No.

Apartments

be elected for the

 

Collegium

 

From

To

A

A-0101

A-1205

57

16

 

Bye Election for any

B

B-0101

B-1205

57

16

vacancy wil be held once in a year.

C

C-0101

C-1205

57

16

Date and time of the election will

D

D-0101

D-1206

67

19

be announced by the Governing Body after

E

 

E-0101

E-1205

60

17

approval by the Collegium.

F

F-0101

F-1205

60

17

G

G-0101

G-1205

59

16

H

H-0101

H-1206

67

19

J

J-0101

J-1201

56

15

 

10

K

K-0101

K-1206

67

19

11

L

L-0101

L-1206

67

19

12

M

M-0101

M-1206

67

19

13

 

N

N-0101

N-1205

67

19

4

14

P

P-0101

P-1205

59

16

15

Q

Q-0101

Q-1206

67

19

16

R

R-0101

R-1206

67

19

17

 

S

S-0101

S-1206

67

19

 

Grand total

17

-

-

1068

300

(v)

The particulars and details of the members of Sispal Vihar Society (apartment owners) allocated to each Electoral College, are attached as Annexure 1 to these Bye-Laws. They will vote to elect 300 30 members to represent them in the Collegium as per details given in the table above.

(vi)

Any change in the allocation of members of Sispal Vihar Society (apartment owners) shall

be made only upon cessation of the membership of Sispal Vihar Society and induction of fresh members or on consideration of the request of any member, if found feasible of acceptance. (vii) The Collegium of Sispal Vihar Society shall act as the General Body for all intents and purposes and the members of the Collegium shall in turn elect five Office-bearers and six executive members of the Governing Body.

14.

Eligibility Condition for Election to be a member of Collegium of Sispal Vihar Society:

(i)

He/ She must be a owner member of Sispal Vihar Society and a resident of Sispal Vihar

 

(ii)

He /She should be a serving or ex-servicemen of the Defence Services i.e Army/Navy/Air force.

(iii)

He/ She should not have been convicted in any criminal case in the Court of Law.

 

(iv)

 

He / She who were elected in any previous governing body or collegiums and did not participate in any of its meetings will be debarred from contesting any elections for three years.

 

(v)

He / She who was suspended as a member of Governing Body or Collegium and whose suspension was approved in Special/ General Body Meeting, as given out in para 6 above , will be debarred to contest election for one termsix years.

(vi)

Any member of Sispal Vihar who is not working for Sispal Vihar Society’s – Aims / Objectives and had been Black Listed by the Collegium in Special / General Body Meeting and Registrar of Society was informed by a written communication to this effect. He/ She can contest for the election only from that Electoral College in which their name appears as member of Sispal Vihar Society. Any person / Their family members,if He/ She and their family members should not be involved in any commercial activity with Sispal Vihar Society, can become member of the

(vii)

(v)
(v)

Collegium but cannot become part of the Governing Body.

also should not be receiving

(vi) any benefits / employed with Sispal Vihar Society.

(vi)

any benefits / employed with Sispal Vihar Society.

(vi) any benefits / employed with Sispal Vihar Society.

Each member who wishes to be a member of collegium will file his nomination in

person. No postal or proxy nomination will be accepted.

15. Voting For Collegium

(i)

There shall be one vote for each apartment, which will be cast in person by the members registered of the Sispal Vihar Society and No Proxy Voting will be allowed.

(ii)

Every vote by the duly authorized joint member, shall be cast in person provided that the

member of Sispal Vihar Society may communicate such authority in favour of the joint member through a written mail to Returning Officer(s) with a copy thereof duly endorsed to General Secretary of Sispal Vihar Society and to the Registrar of Societies at least two days before date of election. (iii) No house to house canvassing will be permitted.

16. Procedure for Election of the Collegium

(i)

Each of the 17 four Electoral Colleges will have 30 Members elected. There will be a total of 300120 Members elected from the four Electoral Colleges.

 

(ii)

The members elected from the 17four Electoral Colleges as per paraclause (III) of 16 shall constitute the general body (Collegium) of Sispal Vihar Society.

(iii)

The term of the Collegium’s members shall be three years from the date of its constitution.

(iv)

The outgoing Governing body will declare the schedule of election and appoint a returning officer and four independent observers after approval from Special/General Meeting of Collegium for conduct of election and also notify/ display the details of members of Sispal Vihar Society separately for all the four Electoral Colleges entitled to vote at least 90 days prior to holding the General Meeting. Further, individual notices for holding elections of the collegium shall also be conveyed by the Governing Body. The information of holding the election of the collegium shall also be sent to the District Registrar.

(v)

Any objections qua the list of members of Sispal Vihar Society entitled to vote for their respective Collegium shall be decided by the Returning Officer. However, the decision of the Returning Officer shall be final in the event of any difference of opinion. The Returning Officer shall, thereafter, invite nominations to be filed, scrutiny and withdrawal of nominations, if any, within the period prescribed in the Schedule of elections for election of the members of the Collegium.

(vi)

The Returning Officer will display a list of the eligible members on the notice board of Sispal Vihar Society. The returning officer will conduct the election on the notified date. The members eligible to vote will be allowed to cast their vote in person, and wherever disputed, on production of the identity card issued by Sispal Vihar Society.

constitute the Collegium of Sispal Vihar Society. A list of the elected members of the collegium, duly signed by the Returning Officer, will be filed with District Registrar within 15 days. (viii) It is possible that some collegium vacancies may remain unfilled. Wherever % of collegium is mentioned inthese bye-laws, these % values will be based on the filled vacancies.

17. Cessation of members of the Collegium-

A member of Collegium of Sispal Vihar shall cease to be the member of the Collegium:

(i)

upon submission & acceptance of his resignation (resignations will deem to be accepted if not withdrawn within four weeks of tendering the same);

(ii)

upon death of the Collegium member;

 

(iii)

if hehe/she ceases to be a member in accordance with sub-clause (8) of Clause 4 of these byelaws;the primary member of Sispal Vihar Society;

(iv)if he ceases to be a member in accordance with sub-clause (8) of Clause 4 of these byelaws;

(v) if he is removed by a resolution passed in the Special/ General Body Meeting of the Collegium by Majority of Votes in terms of action as per procedure given at para 6 of the ibid Bye Laws.

18. Filling of any Casual Vacancy on the Collegium:

Any vacancies arising on account of resignation or death or of any other reason of any member of the Collegium may be filled up by bye- election from the respective Electoral College where these vacancies arose in case the remaining term of the Collegium is more than 12 months from the date of the said vacancy. Bye- Election will be conducted once in a year as done for normal elections of members to the Collegium. The member’s elections should be so coordinated by the Governing Body along with Annual General Body Meeting at least once in year. The elected Collegium Members in the Bye-Election will only be for the remainder period of the Collegium.

Exclusions from the Employment of a Society:will only be for the remainder period of the Collegium. (i) No member of Collegium of

(i)

No member of Collegium of Sispal Vihar Society shall be in full-time or part-time employment/ paid consultant of Sispal Vihar Society;

(ii)

No dependant or family member or close relative of the office-bearers and members of the

Governing Body shall be engaged as an employee of Sispal Vihar Society during its term; (iii) Every member of the Collegium of Sispal Vihar shall make a declaration in case any person in the employment of Sispal Vihar Society is his close relative. (iv) No member of Collegium of Sispal Vihar shall be appointed to any salaried office of Sispal Vihar Society, and shall not be paid any fees or remuneration for the services rendered by him;

(v) Provided that the member of the Collegium of Sispal Vihar Society shall be entitled to claim re- imbursement of actual travel and out of pocket expenses incurred by them in connection

to

with any work related to Sispal Vihar Society, and interest on , any money Sispal Vihar Society for overcoming any temporary requirements.

lent

20.

Powers, Functions & Duties of the Collegium of Sispal Vihar Society:

(i) To guide Sispal Vihar Society in determining and fulfilling its aims and objects. To decide policy matters such as change of name of Sispal Vihar Society etc.

(ii) To detail the following committees from time to time as required :-

(a)

Disciplinary Committee.

(b)

Technical Committee incharge for technical maintenance of the Society.

(c)

garden and Parks Committee.

 

(d)

Security and fire fighting committee.

 

(e)

Monthly and quarterly audit Boards

 

(f) Society Club Committee.

(g) Any other committee as required / felt necessary.

(iii) The Colegium will ensure that No Non Member is detailed for any Board of Members. If

a Board of Members requires any technical assistance, a technically qualified/ experienced Non Member may be detailed as an advisor only if required.

(iii) Amendment in the Memorandum of Association and the Byelaws of Sispal Vihar Society,

ammendment will require 3/5 th

members to vote in favour. The proceedings will be recorded and all Members will sign the Proceedings.

approval of annual accounts of Sispal Vihar Society. Any

(iii)

Approval for disposal of immovableimmoveable assets of Sispal Vihar Society etc. and all such other acts as may be required under the Haryana Registration and Regulation of Societies Act & Rules, 2012.

(iv)

To elect the members of the Governing Body.

(v)

To remove any member from the Governing Body, once action has been taken as per para 7 of the Bye Laws, and according approval to the continuation of a person appointed as a member of the Governing Body against a casual vacancy by majority of votes.

(vi)

To Debar/ suspend Blacklist a member of Sispal Vihar Society the Collegium will decide based on Governing Body and Discipline Committee recommendations as per details given in para 6 of the Bye Laws. The Collegium will decide the penalty / fine / period of debarring from Membershipmembership of Sispal Vihar Society.

21.

Duties of members of Collegium Sispal Vihar Society:

(i)

The Collegium members have willingly and volunteered to contest

in the election of

collegium. Their aim as member of the collegiums should be to spare time, resources etc for the betterment, development and improvement in the functioning of Sispal Vihar Society. Also ensure the Governing Body works for the Aim and Purpose set forth for the Sispal Vihar Society.

(ii)

The collegium member must provide support and co-operate with the Governing Body to achieve the aims set forth for Sispal Vihar Society.

(iii)

Also the collegiums must ensure Governing Body does not digress from the aim of

Sispal Vihar Society.

(iv)

The Collegium will ensure that all shops and other commercial establishments are only given on rent / alloted for running to only Members of the Sispal Vihar. If no Member are available then it will be offered to any ex servicemen and lastly if no ex servicemen is available then only will it be given to a civilian. However advertisement will be carried the web site and all Block Notice Boards to ensure maximum publicity. All such shops and commercial establishments will be given in an open auction. The Collegium will detail a Board of Members from within the Collegium to oversee this function. The person / party who is being alloted the shop/ commercial establishment should NOT have any Police case or any criminal case or any civil case relating to financial irregularity against him / them or have been black listed by any Society anywhere in the national Capital region. The party concerned will be required to submit an judicial affidavit to this regards.

(v)

They will ensure that no non commercial common area is converted for commercial use. They will also ensure that no additional/ alteration is done to any existing sturcture for commercial purposes.

(vi)

The Collegium will ensure that No resident / member / non resident will encroach upon any common area and existing encroachments, if any, will be got identified and removed. Legel action may be taken whever required for removal of these encroachments.

22.

The collegiums and Governing Body aim is to provide good Management, better Maintenance

service and welfare of residents.

23.
23.

The collegiums will ensure Governing Body works as a team collectively and no autocratic

system of work in the Governing Body be permitted.

The collegiums will also ensure the governing body does not get into commercialization ofsystem of work in the Governing Body be permitted. Sispal Vihar Society and deny the residents

Sispal Vihar Society and deny the residents the facilities at reasonable cost in Sispal Vihar.

25
25

The collegiums members during the Special/General Body Meeting must conduct themselves

in the best of manners. Also must respect other collegiums members, Governing Body member and where they feel strongly one can put the issue to voting and there after accept the decision honorably and gracefully.

26
26

No collegiums member must cast aspersions on any member of collegium/use of abusive

language/derogatory remarks on any individual member, his/her character or on his/her dignity & pride.

27
27

Collegium members must ensure the Governing Body manages the finances of Sispal Vihar

Society well and the funds are utilized for betterment of Sispal Vihar Society.

28.

Meetings of the Collegium of Sispal Vihar Society:

(i)

The Collegium will select a Chairman to preside over the Proceedings. The Chairman will

 

be detailed

for a period of one year.

All secretarial assistance will be provided by the

Governing Body.

 

(ii)

A meeting of the Collegium of Sispal Vihar Society will be held as and when required. However, at least twoone meeting of the Collegium of Sispal Vihar Society, called as the

Annual General Meeting (AGM). One such meet

will be held in February to pass and

discuss the annual budget. The other meeting will be held

in July

that is

within three a

year, within six months of the close of the financial year for consideration and adoption of the duly audited annual accounts of Sispal Vihar Society in addition to transaction of any other business of Sispal Vihar Society as may be required.

(iii)

The Governing Body of Sispal Vihar Society may convene an extraordinary/ special meeting of the Collegium of Sispal Vihar Society at any time after giving due notice (14 Days) as prescribed hereunder, either of its own or within 3045 days of receipt of a written requisition along with reasons for convening such meeting, from at least 10 % 1/20th of the members of the Collegium with minimum of 24 members.

(iv)

For any meeting of the Collegium, a clear notice of at least 14 days along with a copy of the agenda of the business to be transacted, date, time & venue of the meeting will be given to the members of the Collegium. A copy of such notice will also be endorsed to the District Registrar.

Sispal Vihar Society Notice Board, on Sispal Vihar website and on the member’s email. (vi) The proceedings of all meetings of the Collegium will be recorded in the minutes-book (bound or in loose leaves) maintained separately for the purpose by the Secretary and such minutes will be signed by the President of the meeting and the Secretary of Sispal Vihar Society: All such minutes will be put on the Society Web Site within seven days of the close of a meeting.

29.

Notice of Meetings

(i)

A notice of 14 days, indicating the time, date and venue, shall be given to the Collegium members for any General Body meeting. Provided that such notice may be of a reduced to

 
 

seven days if the meeting is being called to meet an emergency situtationshorter duration if not objected by at least 1/3rd of the Collegium members.

(ii)

The notice of any Special / General Body Meeting sent by electronic mail to the email ID of the Collegium members and on Society website shall be an accepted mode of service of such notice.

(iii)

The minutes of all meetings – General / Annual / Special / Adjourned minutes will be put-up on Sispal Vihar website within 10 Days for information of all members of Sispal Vihar Society and also endorse to the Registrar of Societies.

(iv)

A copy of the notice of every General Body Meeting, Annual or Special, shall also be endorsed to the office of the District Registrar. A hard copy of the said notice may be sent to the concerned office of the District Registrar, if the office is not electronically connected.

30.
30.
31.
31.

Quorum

Quorum for the meeting of the Collegium will be 4050% of the total members' entitled to vote

The Collegium shall be competent to transact all business in

and present in person, or 100 members, which ever is highersubject a minimum of 60 members. In case of a meeting adjourned for want of quorum, the quorum for the adjourned meeting shall not be less than 3020% of the total members, subject to a minimum of 6024 members of

collegium, which ever is

such adjourned meeting except the consideration of any Special Resolution. Any Special Resolution can be passed in such adjourned meeting only if at least 50% of the total members of Collegium, Sispal Vihar Society are present subject to minimum of 10060 Collegium members.

Adjourned Meetings. –

(i)

A Special / General Body Meeting of Sispal Vihar Society may be adjourned if the quorum for such meeting is not complete.

(ii)

It shall be competent for the Governing Body to re-convene an adjourned Special / General Body Meeting after a gap of not less than 48 hours of the meeting first convened and adjourned

(iii)

If the 4050% level of the quorum is still not met in the adjourned meeting, a total of 30%

members present shall constitute the quorum subject to minimum of 6036 members and the matters decided by a 2/3 rd majority.

32.
32.

Extra-ordinary or Special General Body Meetings

(i) The Collegium may hold its extra-ordinary or special general meetings as and when required. Provided that the Governing Body shall convene a special or extraordinary general meeting of Sispal Vihar Society upon a requisition signed by 1/3 rd of the Governing Body member or 1020% of Collegium members or as & when so directed by the District Registrar of Societies or any other officer duly authorized by them under the relevant statutes in this

behalf. (ii) The notice of any Special General Meeting shall state the date, time and place of such meeting and the purpose thereof along with the Agenda.

33.
33.

Order of Business

The order of Business of any Special/General Body Meeting may be decided by the Governing Body or the members as deemed appropriate.

Special Resolutionby the Governing Body or the members as deemed appropriate. Any matter required to be resolved

Any matter required to be resolved through a Special Resolution may be decided at any general meeting, annual or special, which is attended by at least 50% of the total members and the proposal is approved by 3/5th of the members present and voting.

Chapter - IV

Governing Body of Sispal Vihar Society

35.

Composition:

The Governing Body of Sispal Vihar Society shall consist total of 1311 members to include six5 Office-bearers and Seven6 Executive Members as under:

(i)

(ii)

(iii)

(iv)

(v)

President Vice-President General Secretary Joint Secretary Treasurer Joint Treasurer.

36.

(vi)

(vii) SevenSix Executive Members

Eligibility conditions for Election to Governing Body of Sispal Vihar Society:

(i)

He/ She should be a duly elected member of any one of the Collegium of Sispal Vihar Society. He/ She should be a serving or ex-servicemen of the Defence Services i.e Army / Navy / Air force. He/ She should be residing in Sispal Vihar, Sector-49, Sohna Road, Gurgaon. He/ She should not be involved have been convicted in any criminal case in any Police

(ii)

(iii)

(iv)

(v)

Station or have a criminal case pending in any the Court of Law. He / She who were elected in any previous governing body or collegiums and did not participate in any of its meetings will be debarred from contesting any elections for three years. He / She who was suspended as a member of governing body or Collegium and whose suspension was approved in Special/ General Body Meeting will be debarred to contest election for three six years. Any member of Sispal Vihar who is not working for Sispal Vihar Society’s – Aims / Objectives and had been Black Listed by the Collegium in Special / General Body Meeting and Registrar of Society was informed by a written communication to this effect.

(vi)

(vii)

(viii) He / She and their family members should not be involved in any commercial activity with Sispal Vihar Society also should not be receiving any benefits / employed with Sispal Vihar Society. (ix) He should not have been a Member of the Previous two consecutive Governing Body.

(vii)

Voting For Governing Body of Sispal Vihar

37.

Voting For Governing Body of Sispal Vihar

The Collegium will elect 1311 members for the Governing Body by Voting. The Collegium member will cast their votes in person and No Proxy Voting or Postal Ballot will be allowed. The Governing Body will have a secret ballot for selecting the office bearers. This election will be overseen by three nominated Members of the Collegiumis allowed.

38.

Election of the Governing Body

(i)

The term of the Governing Body will be 18 monthsThree Years from the date the Returning Officer notifies the results of the Governing Body’s election of Sispal Vihar Society.

(ii)

The outgoing Governing Body will declare the Schedule of Election and appoint the Returning Officer and four independent observers after approval from Special/General Meeting of Collegium for conduct of Election of the Governing body concurrent with the election of the Collegium. The schedule must be completed within 45 days of the

notification/ declaration of results of the new Collegium by the Returning Officer(s). It will also notify/ display a list of members of the Collegium entitled to vote at least 45 days

prior to the holding of the General Meeting for conduct of the elections.

The Governing

Body shall also send notices for holding elections of the Governing Body to all the members, conveying the date, time & the manner. The information w.r.t. holding of election for the Governing Body shall also be send to District Registrar to appoint an observer, if he so desires.

(iii)

Any objections regardingqua the list of members of the Collegium entitled to vote shall be

decided by the Returning Officer indepedently and his/her in consultation with the office- bearers of Sispal Vihar Society. However, the decision of the Returning Officer shall be final in the event of any difference of opinion.

(iv)

The Returning Officer shall, thereafter, invite nominations to be filed within the period prescribed in the Schedule of elections, scrutiny and withdrawal of nominations, if any, for election of the office-bearers and the executive members of the Governing Body.

(v)

The Returning Officer will display a list of the eligible contesting members on the notice board of Sispal Vihar Society at least 15 days before the date of the election. The returning officer will conduct the election on the notified date. The members eligible to vote will be allowed to cast their vote in person, and wherever disputed, on production of the identity card issued by Sispal Vihar Society.

(vi)

After closing hours on the date of the poll, the returning officer will declare the results and constitute the Governing Body of Sispal Vihar Society within 24 hours of completion of the polling. A list of the elected office-bearers and the executive members of the Governing Body, duly signed by the Returning Officer(s), will be filed with District Registrar within seven days.

(vii) The office-bearers and executive members of Sispal Vihar Society shall not be entitled to any remuneration for rendering services to Sispal Vihar Society.

39.
39.

Resignation, Suspension and Removal of Governing Body Members. -

(ii)

bearer to continue to discharge his functions till such time his substitute is duly elected at a Special / General meeting of the Collegium by majority votes and not later than six months. A resignation of any member would be deemed to be accepted within four weeks from the date of submission by the member to the Governing Body. The Governing body would intimate about the resignation of the member of the governing body to the Registrar of Societies within seven days of acceptance of the resignation or within four weeks of the member having tendered his resignation; as the case may be.

In case at least atleast 3/5 th

confidence in any member of the Governing Body, for whatsoever reason, they shall be 'competent to suspend such Governing Body member from office till such time the matter is

(seven) members of the Governing Body express their lack of

considered at the Special / General Body meeting of the Collegium for his removal and so resolved. (iii) Recommendation for removal of a Member of the Governing Body will be reported to

 

the Collegium who will take action in accordance with details given in para 6 above.

(iv)

The Governing Body shall convene a Special/General Body Meeting of the Collegium

 
 

members as soon as possible, but not later than 45 days of such decision, to consider the removal of such members of Governing Body.

(v)

The Governing Body shall convene a Special/General Body Meeting of the Collegium members as soon as possible, but not later than 30 days of such decision, to consider the removal of such members of Governing Body. Provided the suspended member of Governing Body removal is passed by a resolution in the meeting of Collegium by majority of votes.

(vi)

The successor of any Governing Body removed from the office shall be elected at the same meeting of the Collegium either from the members of Governing Body or from the members of the Collegium by majority of votes.

Exclusions from the Employment of Sispal Vihar Society:

40.
40.

(i)

No member of Governing Body of Sispal Vihar Society shall be in full-time or part-time/ paid consultant employment of Sispal Vihar Society;

(ii)

No dependentdependant or family member or close relative of the office-bearers and executive members of the Governing Body shall be engaged as an employee of Sispal Vihar Society during its term;

(iii) Every Office-Bearer and Executive members of the Governing Body shall make a

declaration in case any person in the employment of Sispal Vihar Society is his close relative.

(iv)

No Office-Bearer or executive members of Sispal Vihar Society shall be appointed to any salaried office of Sispal Vihar Society, and shall not be paid any fees or remuneration for the services rendered by him;

(v)

Provided that the Office-Bearers and/or the executive members shall be entitled to claim reimbursementre- imbursement of actual travel and out of pocket expenses incurred by them in connection with any work related to Sispal Vihar Society, and interest on , any money lent to Sispal Vihar Society for overcoming any temporary requirements.

41.

Filling of any Casual Vacancy on the Governing Body — Any vacancy arising on account of resignation or death of any member of the Governing

Body or for any other reason, willmay be filled-up by the handing over that Members duties to

(i)

any Governing Body, if required, from amongst the members of the Executive Members

such time the Collegium on adhoc basis till the holding of next Special / General Body Meeting

Sispal Vihar Society. Such adhoc

member of the Governing Body shall cease to be a member of the Governing Body on the date

of the Collegium is held and Bye Elections are announced.

till

of the next Special/General Body Meeting, if his appointment is not approved in the special/General Body Meeting by a majority of votes for the balance term of the Governing Body. (ii) Any vacancy in the General Body, caused by any reason other than the removal ofif an office- bearer, may be filled-up by the remaining Governing Body . The Colleegium will hold the Bye Elections for all vacancies arising in the Gneral Body arising due to any reason within 30 days of it's occurance. The General Body may appoint any of the Executive members by voting and a simple majorityor from members of collegium of the Board by nomination as an intervening measure, which shall be placed in its next Special / General Body meeting for ratification or election of such office-bearer, executive member of Governing Body or from members of Collegium. Confirmation of such adhoc appointment must be sought from the Collegium within 90 days by the Governing body.

42.

Governing Body and its Mandatemandate

(i)

The affairs of Sispal Vihar Society shall, be managed by a Governing Body, comprising of Sixfive office-bearers and seven six executive members who shall be elected by the members of 17 Four Collegiums of Sispal Vihar Society for a term of 18 monthsthree years, and may be referred to as the Governing Body hereinafter.

(ii)

the office-bearers and executive members of the Governing Body shall be the Governing Body of Sispal Vihar Society also.

(iii)

The Governing Body will also be Residential Welfare Association (RWA) of Sispal Vihar Society.

(iv)

The Governing Body shall act as the trustees of the members of Sispal Vihar Society and be responsible for the overall management of the assets of Sispal Vihar Society, operation and management of all its common facilities and the multistoreyMultistory Apartment complex as a whole, and shall exercise all powers as are required to be exercised in the efficient discharge of its functions and responsibilities;

(v)

The Governing Body shall discharge its functions and duties following the principles of collective responsibility and the designations of any office- bearers are not meant to create any hierarchy;

(vi)

The Governing Body may appoint such sub-committees of members from time to time, as may be considered necessary, with such terms as it may deem appropriate in exercise of powers and discharge of duties for the administration of the affairs of Sispal Vihar Society and by co-opting Collegiums Members. It will be ensured that NO Non Member will be detailed as a Member of any Sub Committee unless he / she is technically qualified in that

 
 

subject. Approval for this will be taken from the Collegium. if required co-opt Collegiums members/ Members of Sispal Vihar Society.

(vii)The Governing Body may co-opt or appoint such persons as members of any such sub-

committee who possess special knowledge of any field / area to provide any expert assistance to any such committee.It will be ensured that NO Non Member will be detailed as a Member of any Sub Committee unless he / she is technically qualified in that subject. Approval for this will be taken from the Collegium.

The Governing Body may take the Services of Consultant / Consulting Services for specific field and duration after due approval by the Collegium on remuneration as approved decided by the CollegiumGoverning Body.

(ix) Any sub-committee appointed by the Governing Body, with or without any expert, shall submit its report to the Governing Body along with their recommendation. The recommendation(s) will be tabled before the Collegium and once passed / approved by the Collegium, The Governing Body shall, take such action as approved. The Governing

(viii)

willfinal action/decision as deemed appropriate and would be fully responsible for execution

of all such directions. All

such decisions will be taken within the ambit of these Bye

Lawsand accountable for such action/ decision.

(x)

The Governing Body wil ensure that all Members who are co opted / detailed for any Board of Members are rotated each time and fresh Members are detailed for each of such sub committees and Boards of Members.

(xi)

The

Governing Body shall be responsible for preparation of Budget for the ensuing

financial year the Annual accounts and shall present to the Collegium in Feb/Mar for approval and shall present audited accounts of the previous financial year and status / progress of current financial year in a meeting of Collegium held in July every yearan

Annual Report of its activities in its Annual General Meeting before the Collegium.

43.

Duties, functions and powers of the Governing Body

The Governing Body shall, in addition to the duties and responsibilities assigned under these bye-laws or by resolution of Sispal Vihar Society, be responsible for the following, among other things:

(i)

The Governing Body shall prepare the budgets under the following heads and shall put up

to the respective Collegium

committee for perusal and recommendation to the Collegium

for approval in Feb / Or within 30 days of being formed for the ensuing year. :-

1. General Area Cleaning Budget.

2. Security Budget

3. Fire Fighting Budget

4. Lift Budget

5. Generators Budget

6. Sub Station Budget

7. Garden and Parks Budget

8. Society Office Budget

9. Club Budget

10. Budget to meet any unforeseen emergency expenditure.

11. Any other head which is needed.

12. Sinking Fund.

13. The Budget will give the details of the entire capital expenditure and the revenue

expected to be generated in the ensuing financial year.

(ii)

The care, upkeep and surveillance of the multistoreyMultistory Apartments Complex of the Sispal Vihar Society, and the common areas and facilities and the restricted common areas and facilities;however boards warning residents that they are under CCTV surveilence.

(iii)

Determination and collection of the monthly maintenance charges from the apartment owners as approved in the General Body meeting;

(iv)

The Governing Body shall put up AMCs for the respective heads to the respective committees of the Collegium for perusal and recommendation to the Collegium for approval in Feb for the ensuing year or as per the requirement.

(v)

The termination/ extension of all AMCs and agreements shall be approved by Collegium on the recommendation of respective committee of Collegium.

(vi)

The strength of hired staff under respective budget and their remuneration shall be approved by Collegium.

(vii)Raise bills,

receive the

amount and deposit the same with the appropriate authority on

account of monthly water, sewer charges and electricity bills;

(viii) All tariffs and levies for common and restricted facilities including Community Centre / Club Facilities , Parking Shifting charges etc from tenents shall be charged as approved by Collegium.

(ix)

 

Levy and collection of user charges for use of restricted common facilities as decided by

 
 

Governing Body and approved in Special/General Body meeting of Sispal Vihar Society from time to time;

(x)

All tariffs and charges fixation both for common and restricted facilities including Community Centre / Club Facilities , Parking, Shifting charges , from tenants etc will be

approved by the Collegium decided by Governing Body and approved in the Special/General Body Meeting from time to time.

(xi)

Designation, employment, payment of remuneration and dismissal of personnel or service provider(s) necessary for the maintenance and operation of the multistoreyMultistory Apartments Complex of Sispal Vihar (AWHO), its common areas and facilities and the restricted common areas and facilities within the budget approved approved budget in General Body Meeting;

(xii)Provide for the manner in which the accounts of Sispal Vihar Society shall be maintained and its audit shall be carried out;

(xiii)

Inspect and examine the records and accounts kept by or under the supervision of the

Treasurer so as to ensure that these are maintained in the manner as prescribed;

(xiv)

Take steps for timely payment of all obligations and the recovery of all sums due to Sispal Vihar Society;

(xv) Approve or sanction working expenses, maintenance of cash balance and deal with other miscellaneous business as decided by the Governing Body and approved in the Special/General Body Meeting;

(xvi)

Ensure that the cash book is written promptly and is signed daily by Treasurer and in his absence by one of the members of the Governing Body authorized in this behalf;

(xvii)

Always appropriately deal with the complaints concerning all issues of residents and obtain their feedback on the manner complaint/ requests to improve the services;

(xviii)

Perform all other functions as may be decided, from time to time, by Governing Body

Sispal Vihar Society for the maintenance, repair and replacement of the fittings, fixtures, appurtenances or other property requiring maintenance, repair and replacement comprised in common areas and facilities and the restricted common areas and facilities.

(xix)

Governing Body, Sispal Vihar Society is the Prime employee for all services providers by outsource agencies manpower as per the government orders. Therefore, it is mandatory on part of the Governing Body to ensure that all statutory and mandatory payments are made to the outsource service agency. Also ensure these funds (PF, ESI etc) are paid to the concerned manpower by Service Providers. The photo copy of the documents are provided by the Service Providers as evidence regularly as government departments can demand/verify these documents.

(xx) Governing Body will ensure that the AMC and contracts for various services are not given to unauthorized and non registered vendors in order to avoid litigation or violation of government orders.

(xxi)

Governing Body Sispal Vihar is providing the maintenance services. All services except those defined as exempted by Service Tax Department are required to pay service tax. Governing Body must pay where ever required the taxes, charges, Cess, VAT where applicable by due date.

(xxii)

Governing Body Sispal Vihar will ensure that all shops/ other commercial establishments in the clubwhich are given out on rent will be done in an open auction. Adequate advertisement will be carried out for this. Shops/ other commercial establishments will be rented out only to members of the Society. In case no Members is willing to take over any shop/ commercial establishment, then in order of Priority it will be given to an ex- servicemen and if no ex servicemen is available then only will it may be given to a civilian. However all such cases where a shop/ commercial establishment is to be given to

a civilian, all individual cases will be discussed and prior approval of the Collegium taken. The proceedings will be recorded and all those present will sign the resolution. No shop/ establishment in the Club will be given on more than three years lease. All such leases will be registered. No shop / commercial establishment wil be given to a person with a criminal background/ or has criminal proceedings going against him in any court in India. An

affidavit to this account will be taken from all persons who are rented out any shop / commercial establishment in the Sispal Vihar Society. (xxiii) Painting / White washing of all Central facilities / common areas will be done once in every three years after due approval of the Collegium. However depending upon the condition of the state of the painting/ white wash, this period may be increased/ decreased by the Collegium.

(xxiv)

The Governing Body will make and present a budget within one months of it taking over /

mid

February . The budget will be passed by the collegium. No expenditure will be

undertaken by the Governing Body which has not been approved by the Collegium.

(xxv)

In case of an emergency situation, expenditure may be undertaken, however a emergency

meeting of the Collegium will be called and the expenditure be got passed. In case the

Collegium rules that the expenditure was un-called

and is not justified for, the entire

amount will be made good by the members of the Governing Body who had approved the expenditure from their personal account.

(xxvi)

The Chartered Accountant (CA) detailed for audit of accounts wil prseent the audited accounts to the Collegium in July. CA's will be changed once every three years.

44. Powers, Functions & Duties of individual members of Governing Body-

(viii)

   

Powers, Functions & Duties of individual members of Governing Body-

(i)

President:

 
 

The President will be the Chief Executive Officer of Sispal Vihar Society.

a)

To preside over all the meetings of the Collegium and of the Governing Body and regulate the proceedings of such meetings.

 

b)

To do all such acts, deeds and things as may be authorized by the Collegium and/or the Governing Body from time to time.

c)

To allow or disallow discussion on any matter which is not included in the agenda. The subject matter and reasons of disallowing discussion in the meeting shall be recorded in the minutes.

d) To ensure proper & transparent functioning of Sispal Vihar Society/ Governing Body.

e) To ensure strict compliance of the provisions of the Haryana Registration and Regulation of Societies Act, 2012 and the rules made their under.

f) To supervise and guide the overall activities/ achievement of aims & objectives of Sispal Vihar Society.

(ii)

Vice-president:

 

a) To assist the president in carrying out his duties.

b) In absence of the President, to act on his behalf and perform all duties and exercise all the powers of the President.

d) He will be the Chief Financial Officer of Sispal Vihar Society and will countersign the

monthly accounts at the end of each month.

e) The Vice President will also be responsible for the following and will be assisted by

Executive Members:-

1. Security Head : Preparation of annual budget of security and AMC proposal for approval by Collegium through respective Collegium Committee.

2. Finance Head : Responsible for proper maintenance of society accounts and will

counter sign all accounts every month after closure. Preparation of consolidated budgets for approval in Feb by Collegium for the ensuing year.

Responsible for getting closed accounts by designated CA

and putting up in the Collegium meeting held in July for approval of annual accounts.

4. Society Club Head : Preparation of annual budget , AMC , Contract , Agreement proposals for approval by Collegium through respective Collegium Committee.

5. Responsible for getting getting rates approved from Collegium of the services provided by the club to members.

6. Society Office Head : Responsible for proper functioning of Society office, preparation of office budget and getting it approved from Collegium through respective collegium Committee.

3. Audit of Accounts.

(iii)

General Secretary:

 

a)

To conduct, organize, supervise and manage Sispal Vihar Society as envisaged in Bye- Laws or carry out duties as assigned by the President/Governing Body.

b) To conduct, organize, supervise and manage all the affairs of Sispal Vihar Society and do all such acts and perform all such duties for the working of Sispal Vihar Society as may be assigned by the President/Governing Body;

c) To convene meetings of the Collegium/Governing Body with the consent of the President and serve proper notices as prescribed under these byelaws.

d) To attend all the meetings of the Collegium and the Governing Body and assist the President in conducting the meetings and record proceedings of all the meetings.

e) To prepare annual report of Sispal Vihar Society and place it before the Governing Body along with audited annual accounts of Sispal Vihar Society, for approval to place the same before the Collegium in the Annual General Meeting.

f) To keep and preserve the records of Sispal Vihar Society/ Governing Body.

 

g)

To help and assist the President in looking- after the complete affairs of Sispal Vihar Society and in attaining aims & objectivesobjects of Sispal Vihar Society as spelt out in these bye laws.

h) To ensure timely filing of all statutory returns/ documents in the office of the District Registrar and such other authorities as may be prescribed under the Haryana Registration and Regulation of Societies Act, 2012 and the rules made thereunder.

i) To be the custodian for safe custody of common seal of the Society and affix the same, wherever required, as per the authorization of the Governing Body.

j) To conduct correspondence on behalf of Sispal Vihar Society/ Governing Body and to sign letters and papers on its behalf and to ensure that all statutory registers and records are properly kept and maintained.

k) To prepare before announcing of the date of election and the Annual General Meeting, the list of all the members eligible to vote, duly updated and to place it before the Governing Body.

including creation of posts, fixation of salaries/ remuneration/ allowances etc., make appointments/ engagement of staff, make purchases and do all other such things as may be necessary in the furtherance of the aims & objects of Sispal Vihar Society in accordance with the delegations by the Governing Body from time to time and where no such delegation is specifically made, in consultation with the President of Sispal Vihar Society.

m) He will be responsible for the following tasks and will be assisted by Executive

members:-

1. Head Technical Equipments & Fire Fighting : Responsible for preparation of budgets of Lifts, Generators, Lifts, Water Pumps, Fire Fighting etc and getting these

approved from Collegium through respective Committee of Collegium. Placing

AMC

proposals

to

Collegium

for

approval

through

respective

Committee

of

Collegium.

2. Head Leased Properties : Responsible for leasing of Society Properties after

of

approval

Collegium.

of

Agreements

by

Collegium

through

the

respective

committee

(iv)Joint Secretary:

a) To assist the General Secretary/ Secretary of Sispal Vihar Society in carrying out his

functions and duties;

b) To discharge the functions and duties of the General Secretary/ Secretary of the

Society in his absence to the extent authorized by the Governing Body;

c) To look after such functions and duties and exercise such powers as may be assigned and delegated by the Governing Body of Sispal Vihar Society from time to time.

d) He will be responsible for the following tasks and will be assisted by Executive

members:-

di) Head General Cleanliness : Responsible for preparation of budget and getting it approved from Collegium through respective Committee of Collegium. Puting up of

of

AMC

proposal

to

Collegium

for

approval

through

respective

Committee

Collegium.

dii) Head Gardening & Parks : Responsible for upkeep of gardens and parks of the

Society. Prepare budget and get it approved from Collegium through the respective Committee of Collegium. Get the proposal of AMC approved from Collegium through the respective Committee of Collegium.

(v) Treasurer:

a) To keep accounts of all financial transactions of Sispal Vihar Society and of all the sums of money received and spent by Sispal Vihar Society and maintain records of

receipts and expenses relating to such matters, and of assets, credits and liabilities.

d)

b) To close accounts at the end of each month and get it countersigned by the President and the Vice President.

c) To get the accounts of Sispal Vihar Society audited by the chartered accountant appointed by the Governing Body at the close of the Financial year, every year.

To submit to the Governing Body through General Secretary/Secretary, the audited annual

accounts of Sispal Vihar Society, at least one month prior to the date of annual general meeting.

e) To act as the overall custodian of all the books of accounts of Sispal Vihar Society, financial statements, receipt books, expense vouchers, bank pass books & cheque books, cash etc.

(vi) Joint Treasurer a) To assist the Treasurer of Sispal Vihar Society in carrying out

(vi) Joint Treasurer a) To assist the Treasurer of Sispal Vihar Society in carrying out his functions and duties;

b) To discharge the functions and duties of the Treasurer the Society in his absence to the extent authorized by the Governing Body;

c) To look after such functions and duties and exercise such powers as may be assigned and delegated by the Governing Body of Sispal Vihar Society from time to time.

(vii) Executive Members

a)

To be part of Committees / sub-committees as decided by the Governing Body.

b)

To manage Security / House Keeping / Technical Services /Horticulture etc services as decided by the Governing Body.

c)

To assist Governing Body in Management, Administration and in Maintenance of Sispal Vihar Society.

d)

To assist the Governing Body in Management of Community Center / Club / any other institute.

(e)

To work as a team in overall interest of Sispal Vihar Society.

Chapter - V

Meetings of the Governing Body —Notices, Agenda, Quorum, and Proceedings

45.

Governing Body Meeting

(i)

The first meeting of the newly elected Governing Body shall be held within 1530 days of such election in Sispal Vihar Complex fixed by the Governing Body.

(ii)

The Governing Body may hold its meeting as and when required subject to the condition

that

it

shall

meet

at

least once every quarter and hold a minimum of

four meetings in a financial year.

46.
46.

Place of meetings Governing Body Meetings — All Governing Body Meetings of Sispal Vihar Society shall be held in the Sispal Vihar Complex.

Notice for the Meetings of the Governing Body Every meeting of the Governing Body shall entail a notice of at least three days, Every meeting of the Governing Body shall entail a notice of at least three days, circulated in electronic or physical mode, as the case may be, along with the tentative agenda of the business to be transacted at such meeting. Also inform all the members of Governing Body by SMS on their mobile telephones. Provided that the notice period may be waived in emergency circumstances if a majority of the office-bearers agree to hold the meeting at a shorter notice.

48.
48.

Quorum

five members of the Governing

Body, (which should include at least four Members of the Governing Body and at least three Executive Members) shall constitute the quorum for any meeting.

At least 5040% of the members subject to minimum Seven

At least 50 40 % of the members subject to minimum Seven 49. Voting Rights in
49.
49.

Voting Rights in the Meetings of Governing Body

All the members of the Governing Body have a right to cast one vote during the Governing Body Meeting where a resolution / agenda have to the decided by voting.

 

49.

Meetings of the Governing Body -

 

(i)

The meetings of the Governing Body will be held as least once every month. However, the Governing Body shall meet at-least thrice in every quarter and there will be minimum twelve meetings of the Governing Body in a financial year.

(ii)

The proceedings of every meeting of the Governing Body will be recorded in the proceedings book separately maintained for this purpose. Such minutes shall be signed by the Chairman of the meeting and the Secretary of Sispal Vihar Society. In case the Chairman or the Secretary are not available to sign the minutes, these will be signed by any two members present in the meeting as may be authorized by the Governing Body. All minutes of such meetings will be put on the Net for the information of all ordinary members within seven days of the closure of the meeting. All members not voting in favour an issue will write their descent note. All Members of the Governing Body will sign the Minutes. These wil be put up for the information of all ordinary members within seven days of the closure of a meet.

(iii)

The minutes of every meeting of the Governing Body will be placed for confirmation in the succeeding meeting of the Governing body.

50.

Adjourned Meeting of Governing Body

 

(ix)

   

Meetings of the Governing Body -

diii) The meetings of the Governing Body will be held as and when required. However, the Governing Body shall meet at-least once in every quarter and there will be minimum four meetings of the Governing Body in a financial year.

div) The proceedings of every meeting of the Governing Body will be recorded in the

proceedings book separately maintained for this purpose. Such minutes shall be signed by the Chairman of the meeting and the Secretary of Sispal Vihar Society. In case the Chairman or the Secretary are not available to sign the minutes, these will be signed by any two members present in the meeting as may be authorized by the Governing Body. dv) The minutes of every meeting of the Governing Body will be placed for confirmation in the succeeding meeting of the Governing body.

(x)

   

Adjourned Meeting of Governing Body

In case quorum is not present the meeting shall be adjourned to another date for which a proper notice shall be issued. The members present in the adjourned meeting, subject to a minimum of four members, shall form the quorum for the adjourned meeting.

51.
51.

Proceedings of Meetings

 

(i)

Proceedings of each and every meeting of the Governing Body shall be recorded by the

Secretary and signed by the Secretary and the President;

 

(ii)

The proceedings of meetings, signed by the Secretary and the President, shall be maintained in the form of a register of proceedings;

(iii)

The proceedings will be circulated amongst the members of the Governing Body by electronic mode and hard copies thereof shall be endorsed to Registrar of Societies as required.

(iv)

The proceedings of all meetings of Governing Body must be compiled within seven days of

the meet and put on the Society Web Site and made accessible to all members of

Sispal

 

Vihar Society or Collegiumaccessible to members of collegium or members of Sispal Vihar Society as and when requested for the same with 7 days notice to the Governing Body.

(v)

The proceedings all meetings of the Governing Body must be put on Sispal Vihar Society website within 7 days for information to members of Sispal Vihar Society and also send to Registrar of Societies.

Chapter VI

Funds, Accounts and Audit

52.
52.

The Management, Accounting and Maintenance of Sispal Vihar Funds is one of the most

important functions / duty of the Governing Body of Sispal Vihar. It should be carried out absolutely as per the directions given in these Bye-Laws and as per the standard operating procedure of Accounting System. The Governing Body acts as the custodian / trustee of Sispal Vihar Society funds and same must be spent judiciously with full transparency and diligence.

53.

General Rules to be followed.

 

(xi)

General Rules to be followed.

(I)

If the Governing Body incurs any expenditure in violation of the directions of the

CollegiumGeneral Body, it shall be required to make good the loss to the society completely. The money will be paid by all Members of the Governing Body who had ruled / voted in favour of the expenditure, Therefor written record of all such meetings will be held and Members who do not agree shall write their Note of descent .

(ii)

No member / office bearer of the Governing Body shall draw a cash advance from any of

Sispal Vihar Society funds except for any emergency purchases.

(iii)

Any employee of the Sispal Vihar, who collects cash on its behalf on account of parking

charges, club membership, stall / kiosk booking etc must deposit the same with the accountant on the same day. Non deposition to be viewed seriously and should attract disciplinary action.

(iii)

Monthly statement of accounts to be placed on the web site by 10 th of the following month giving details of expenditure and income.

(iv)

Agreements with vendors / suppliers to be signed by the President and General Secretary only on behalf of Sispal Vihar Society and no employee of Sispal Vihar Society shall be authorized to sign the same. (v) No agreement shall be signed for a period exceeding three3-5 years. Any deviation to be approved cleared by the Collegium Governing Body before such an agreement is signed and reasons for deviation recorded. Members who descent will write their reasons on the Minutes of the meeting. All such proceedings will be put on the net for the information of all ordinary members.

Deployment of fundsput on the net for the information of all ordinary members . The income and property

The income and property of Sispal Vihar Society shall be applied solely towards promotion of the aims and objects of Sispal Vihar Society as set forth in the Memorandum of Society and Bye-Laws and no portion thereof shall be paid or transferred, directly or indirectly, to the members of Sispal Vihar Society.

55.
55.

Maintenance of Accounts

(a)

Capital Fund

(b)

General Fund

(c)

Funds From Recharge of Meters

(d)

Maintenance Fund

(e)

Sinking Fund

(f)

Club Fund

(ii)

The Treasurer should keep an amount, not exceeding Rs.20,000 (Rs. Twenty Thousand), in cash at all times with them or with the Estate Manager in order to defray any or all such petty expenses for which payments may not be feasible through bank instruments. Expenditure out of this amount must be got approved by the Governing Body before release of any further amount of cash.

(iii)

All payments exceeding Rs.5,000 (Rs. Five Thousand), in so far as possible, shall be made by cheque signed Jointly by the President and the Treasurer of Governing Body Sispal Vihar Society. In absence of President and /Treasurer any two Office Bearers can be nominated to sign the cheque after the same has been passed by a resolution in the Governing Body Meeting. Reasons for not making payment by cheque will be recorded and signed by the President and the Treasurer. All such details will be brought to the Notice of the Collegium and regularised. In case of absence of more than seven days, the accounts will be handed over by the President to the Vice President and by the Treasurer to the Joint Treasurer.

(iv)

The Governing Body shall maintain an account in respect of every member of Sispal Vihar Society in electronic or physical form containing particulars of the amount due from a member (in respect of common maintenance charges, utility bills, user charges, or any other demand), the payments made, the balance towards or against the member/ Sispal Vihar Society, as the case may be. Copies of the accounts so Maintained shall be made available to the members on demand during the Annual General Body Meeting of Sispal Vihar Society or at any stage, for which Sispal Vihar Society may determine a fee.

(v)

Maintenance charges will be taken from all residents based on no loss and no profit basis. The maintenance charges will be reviewed twice in a year in August and in December each year.

(xii)

 

Operation of Funds, Sispal Vihar Society

 

56.

Operation of Funds, Sispal Vihar Society

 
 
 

Sispal Vihar Society will open separate Accounts in one or more banks as decided by the Governing Body dully approved in General Body meeting of Collegium as under:-

Sispal Vihar Society will open separate Accounts in one or more banks ( account will NOT

   

be opened in a private bank) as decided by the Governing Body dully approved in General Body meeting of Collegium as under:-

(xiii)

Capital Fund of Sispal Vihar Society

 

57.

Capital Fund of Sispal Vihar Society

 

(i) Income - The income in Capital Fund will be from following resources which should preferably be deposited in Fixed Deposits of Capital Fund in the approved Banks:-

(a)

Corpus of Apartment Owners received from the AWHO.

(b)

50% of the total fund received in General Fund in a Financial Year to be deposited in the fixed deposit of Capital Fund.

(c)

Interest accrued from the Fixed Deposit of Capital Fund will be amalgamated into the Capital Fund at the end of every Financial Year.

(d)

Any donations received from the apparent owner/ members of Sispal Vihar Society.

(e)

Any donation received from the any Organization, Institute, Commercial/ Companies and any individuals without any embargo or any terms and conditions on Sispal Vihar Society.

(ii)

Expenditure - The Expenditure from the Capital Fund should not be incurred till the Capital Fund is raised to Rs. 20,00,00,000 (Rs Twenty Crores) or as approved by the General Body Meeting of Collegium. There after only the interest accrued out of the Fixed Deposits of Capital Fund could be utilized by Governing Body after approval in the General Body Meeting of Collegium by a majority of Votes as under:-

 

(a)

Transfer the Interest into Reserve Fund / Sinking Funds as with passage of time there will be a major requirement of Funds for Expenditure on replacement / major repairs of equipments and major repairs to Structure of Towers

(b)

to subsidize the Maintenance Charges

(c)

for any project/ facilities to improve the Habitability of Sispal Vihar Residents after the approvals in Annual General Meeting of Collegium.

(iii)

Financial Powers of Governing Body for Expenditures from Capital Fund

The Governing Body has no powers to do any expenditure from this Fund without the explicit sanction in the Annual General Body Meeting of Collegium by a 3/5 th majority of votes.

58.
58.

General Fund of Sispal Vihar Society

(i)

Income - The income in this General Fund account will be from the following resources

which will be deposited in the Saving Account /Fixed Deposit of General Fund in

the

approved List of Banks:-

 

(a)

Rent and allied charges received from the Leased properties of Sispal Vihar from the Lessee.

(b)

Securities – Refundable or Non Refundable Securities received from venders / Lessee and Interest on these Securities.

(c)

Charges / Payments received from residents/ others for usage of Restricted Common Facilities / Areas.

(d)

Advertisements / Publicity Charges.

(e)

Kiosks / Stalls charges for sale / publicity

(f)

Penalty / Fines received from Residents and others.

(g)

Any other income / payments /miscellaneous payments received for Sispal Vihar Society.

(ii)

Expenditure - The expenditure from General Fund will be based on an appreciated / tentative income in a financial Year and approved in Annual General Body Meeting. The Works / Projects proposed beyond Rs. 50,000 (Rs. Fifty Thousand Only) along with the Project Report will only be executed after the approval in the Annual General Body Meeting of Collegium. 50% of the Total Income accrued of General Fund will be transferred to the Capital Fund annually. All expenditure other than maintenance expenditure from Maintenance Fund for Sispal Vihar Society will be done from this fund by the Governing Body within their financial powers.

(iii) Financial Powers of Governing Body for Expenditures from General Fund

The Governing Body has powers to spend upto Rs. 50,000 (Rs. Fifty Thousand) and these Powers will not be vested in any individual member of the Governing Body and will be within the approved Budget of the Financial Year. President of the Governing Body has powers to spend up to upto Rs. 20,000 (Rs. Twenty Thousand), which must be approved by the Governing body in its next meeting. In case of any emergency these Powers may be increased as a one time expenditure to one lacs on any one item. However a meeting of the collegium will be ordered and this amount be regularized. The Governing Body cannot spend money in a month which more than the monthly expenditure.

(iv) Procedure for Undertaking Major Works:

If any major work ( above twenty five lacs) is to be undertaken, which requires

59.

contribution from all members, then such works can be undertaken only once all Owners

have given their consent in writing and sent the

requisite advance by cheque / draft.

Funds from Recharge Meter

(i) The advance payments received by Recharging Of Meters from Residents for their

Apartments and from Sispal Vihar Society leased properties are for the following expenditures / payments as under:-

(a)

Transfer of Fixed Maintenance Charges paid by Residents and paid by Sispal Vihar Leased Property occupants to Maintenance Fund Sispal Vihar Society.

(b)

Payment of Electricity consumed by Resident for their apartments and by Sispal Vihar leased properties to DHBVN through Sispal Vihar Society

(c)

Payment for the Standby DG Power Supply by Resident for their apartments and by Sispal Vihar leased properties to Sispal Vihar Society.

(d)

Payment for fixed water charges by Resident of each apartments and by Sispal Vihar leased properties to HUDA through Sispal Vihar Society

(e)

Payment for Sewer Charges by Resident for their apartments and by Sispal Vihar leased properties through Sispal Vihar Society.

(ii) The Fund From Recharge Meter will operate under following Heads separately

showing the

payments and receipts and expenditures under each Heads separately:-

(iv)

The Fund From Recharge Meter will operate under following Heads separately showing the payments and receipts and expenditures under each Heads separately:-

(a)

Maintenance Charges

(b)

Electricity Charges

(c)

Standby DG Power Supply Charges

(d)

Water Charges

(e)

Sewer Charges

Meter - Governing Body is authorized to make the payments from Fund From Recharge Meter for Electricity, Diesel for DG Power supply, Water and Sewer which will be paid on actual to the DHBVN, HUDA and Diesel supplier and transfer the Fixed Maintenance Charges monthly into Maintenance Fund, Sispal Vihar Society.

Maintenance Fund

60.
60.

(i)

Income

The Income for Maintenance Fund are received from Fund from Recharge Meter which are paid as Fixed Maintenance Charges in advance by Residents for their apartments. The payments for Maintenance Charges will be transferred monthly from Fund from Recharge Meter to Maintenance Fund for Separate Accounting of Income and Expenditure. The Maintenance Charges will be fixed by the Governing Body from time to time after the approval in the General Body Meeting of Collegium.

(ii)

Expenditure

The expenditure is incurred for providing Maintenance Services for Common / Restricted Common Areas /Facilities to the residents of Sispal Vihar Society. The payments made by Residents are for the Maintenance Services which shall include Security Services, Housekeeping Services, Horticulture/ Arboriculture, Technical Services and Structural Insurance of Towers and Equipment etc. Share of Payment for Common Area Consumption for Electricity, DG Standby Power Supply, Water, Sewer charges will be transferred from Maintenance Fund to the respective Heads in Fund from Recharge Meter monthly by Governing Body.

(iii)

Financial Powers of Governing Body for Expenditures from Maintenance Fund

The tentative monthly maintenance expenditure for the next financial year should be approved along with Annual Budget in Annual General Body Meeting by the Governing

Body. The details of tentative expenditure from Maintenance Fund for the Maintenance Services giving detail Monthly and Yearly expenditures for the following services as under :-

(a)

Security Services Payments

(b)

Housekeeping Services Payments

(c)

Technical Services Payments

(d)

Horticulture /Arboriculture Payments

(e)

Garbage Disposal Payments

(f)

Working Committee Payments

(g)

Office Management Payments

(h)

Towers Structures and Equipment Insurance Payments.

(i)

Annual Maintenance Contracts (AMC) Payments for :-

a) Lifts

b) DG Sets

c) Pumps

d) Transformers

e) 33 KVA Sub Stations

f) Cable from 33 KVA station to DHBVN Power House Sector 72…

g) Electrical Panels

h) CCTV and Boom Barriers

i) Recharge Meters

(j) Electricity consumption for Common /Restricted Common Areas / facilities

Payments

(k)

Water for common /Restricted Common Areas / facilities consumption Payments

(l)

DG Standby Power Supply for Common /Restricted Common Areas / facilities

consumption Payments (m)Repairs done monthly /Annually payments

(n)

The miscellaneous / emergency unforeseen expenditure’s payments

(o)

10 % of Maintenance Fund to be deposited and reserve / sinking funds payments

(p) Any taxes, charges and cess payments to the Govt. Departmentsdepartments.

(iv) Non Planned Expenditure.

Any non planned expenditure will not exceed 25% of the

income for that quarter. In all such

approval of the Collegium in the next meeting.

cases expenditure will be got regularised by taking

(iv)These tentative details should be shown on monthly and yearly basis separately for approval in Annual General Body Meeting. Once approved the Governing Body is empowered to spend from Maintenance Fund on actual expenditure but within the limits of tentative expenditures approved. Governing Body is authorized to do expenditures for emergencies, crisis management / major breakdown and which subsequently should get ratified in the earliest Special / General Body meeting. (v) The rates of the Monthly Maintenance charges will be reviewed once every six months and if the expenditure from this head is less than forecast then the rates will be reduced and vice versa. The maintenance charges to be charged from Members will be approved by the Collegium.

Sinking Fundbe charged from Members will be approved by the Collegium. The Sinking Fund which is part

The Sinking Fund which is part of the Maintenance Fund will receive 10% of the Total Monthly maintenance charges received from Residents which will be deposited as Fixed Recurring Deposit. The amount must be credited to this account on monthly basis. This Fund will only be used for major repairs / replacements of Lifts, DG sets, Pumps and for major repairs of Structures of Towers after approval in General Body Meeting of Collegium by 3/5 th majority of Votes.

Club FundBody Meeting of Collegium by 3/5 t h majority of Votes. (i) Income - The income

(i) Income - The income of Club / Community Centre will be from the income accrued from the following resources:-

(a)

Club Membership No monthly charges will be taken from any residents. No non resident/ Non Member will be given Membership of the Club or allowed to use any of the facility in the Club or the Society. All such memberships, given to non residents / non members, will be terminated immediately.

(f)

Club Membership

(b)

Interest on Fixed Deposit from Club Fund

(c)

Paid Services Charges / Tariffs - Swimming Pool, Billiards room, Cards Room, Guest Rooms, Banquet Hall, Lower Banquet Hall/ Party Hall, Open Lawn, Roof Top Terrace, Activity Hall, and any other Indoor / Outdoor Games. The paid services charges/ tariffs

will be fixed by the Governing Body after the approval in General Body Meeting of Collegium.

(d)

Rent from Cafeteria, Gymnasium and Beauty Parlour.

(e)

Interest on securities from the leased property of the Club.

(f) Grants / Donations / any other payments received for Club/ Community CenterCentre,

Sispal Vihar Society.

(ii)

Expenditure

The expenditure for Management and operation of the Club will be incurred from this fund. The expenditure of normal maintenance for common area / facilities including electricity, DG Power backup and water have been included into the maintenance expenditure of Sispal Vihar Society.

(iii)

Financial Powers of Governing Body for Expenditures from Club Fund

The financial powers for expenditure from the Club Fund by Governing Body will be as under :-

(a) Monthly staff emoluments will be actual as approved in the Annual General Body

Meeting.

(b) Monthly operational / Management expenditure will be actual as approved in the

Annual General Body Meeting. (c) Any miscellaneous expenditures if required will be up to upto maximum of Rs. 10000 (Rs. Ten Thousand ) which the Governing Body must ratify the expenditure subject to a maximum of Rs 50000 (fifty thousand) in a month. All such expenditure must be part of the Annual Budget and approved by the Collegium.

63.

Sispal Vihar Society members (Apartment Owners) Account

 

(xiv)

Sispal Vihar Society members (Apartment Owners) Account

The Governing Body Sispal Vihar Society will open separate accounts for each individual member of Sispal Vihar Society. This account should have the monthly receipts of payments made in Fund from Recharge Meter and expenditures which should be available to the member through electronic / physical mode. This account will also be audited by the auditor and its audit report will also be part of audit report of Sispal Vihar Society.

64.
64.

Registers and Documents

The following registers and papers shall be maintained and shall be opened for the inspection of anyone interested in its funds, except that no one shall be allowed to see the deposit account of any other member without that member’s consent in writing: -

(i)

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.

(ii)

A cash book showing the income, expenditure and balance on each day on which business is transacted.

income and expenditure.

(iv)

A register showing the maximum credit of each member.

(v)

An account showing monthly deposits and contribution.

(vi) A register showing all the properties purchased and disposed/leased out by the Society.

(vii)

A minute book.

(viii)

An Account for each member and depositors.

(ix)

Any other register prescribed by the Registrar.

(x)

The last balance sheet shall be opened to public inspection during office hours.

65. Custody Of Documents.

Respective Office bearers shall ensure the safe custody of various documents and registers required to be maintained by them. The following records are also to be maintained by the Society for the audit purposes:-

(vi)

Registration of the Society.

(vii)

Register of renewals.

(viii)

Membership Register.

(ix)

Record of proceedings of the meetings.

(x)

Stock register.

(xi)

Cash books, ledgers and receipt books.

(xii) Directory of allotteesallotees.

(xiii) Any other record as may be considered essential/necessary by the Society.

Cashless Paymentsas may be considered essential/necessary by the Society. All payments received should be cashless. The payment

All payments received should be cashless. The payment should be received including in Recharge From Meters by any one of the methods as under:-

 

(i)

By Debit Card / Credit Card and Tax as applicable will be paid extra.

(ii)

Cash deposit for recharge coupons for a maximum limit of Rs 3000 (three thousand only).

j)

   

By E- Banking / Net Banking

k)

By mobile telephone transfer.

l)

 

By cash deposit in the concerned account in the bank directly by any individual member for

 

payments including Recharge From Meter. Based on bank receipt and confirmation from the Bank by SMS there after Recharge for Meter will be done.

 

(iii)

All other payments should only be received by Pay Order / Demand Draft above Rs. 1000/- Cheques will only be taken from Members of Sispal Vihar as defined in these Bye

 

Laws.500/-

 
 

(iv)

Only small amount upto Rs 1000500 cash can be received by the Governing Body for use of club facility by any resident/ member.

67.

Investments

 

Investments – Sispal Vihar Society may invest or deposit its funds in one or more of the following:-

(i)

In a Co-operative Bank or a Scheduled Bank or a Post-office Savings Account, or In any of the securities specified in Section 20 of the Indian Trust Act, 1982; In any other manner as resolved and approved in Special / General Body Meeting of The Collegium, Sispal Vihar Society by majority of votes. All investments will be discussed and approved in the Collegium.

(ii)

(iii)

(iv)

68.
68.

Annual Accounts

 

(i)

The Governing Body, Sispal Vihar Society shall prepare annual accounts of Sispal Vihar

Society at the end of each financial year, as soon as possible, but in any case on or before the 30 th June of the following year.

(ii)