T.K.Gopalakrishnan 20-02-2021
MF 21 Tower 5
Enclosed is the draft amendment of Bye laws pertaining to SRWA
included as an item in the agenda for the ensuing AGM slated on
21-03-2021.This amendment has been done exhaustively taking into
account the provisions and guidelines prescribed in Tamil Nadu
Societies Registration Act 1975, and Tamil Nadu Apartment Ownership
Act 1994
This has been done to protect the interest of all the members and
future needs of our Association
Please go through the same and offer your comments for any additions
and deletions before passing a Special resolution on 21-03-2021
T.K.Gopalakrishnan
E-book by
S.Aravamudhan
Ashiana Shubham Phase-1
T3; MS-13
SHUBHAM RESIDENT WELFARE ASSOCIATION (SRWA)
Activity Centre, Club House, Ashiana Shubham, Melrosapuram Main Road
Sengundram Village, Maraimalai Nagar, Govindapuram Hamlet, Chennai 603 204
AMENDMENT [REDRAFT] TO THE EXISTING MERMORANDUM AND BYE LAW OF THE ASSOCIATION PROPSOED
IN THE FORTHCOMING ANNUAL GENERAL MEETING ON 21ST MARCH 2021.
MOA EXISTING MOA PROPOSED ADDITIONS AND DELETIONS
Item No. Item
No. MEMORANDUM OF ASSOCIATION
I. MEMORANDUM OF ASSOCIATION (Registered under the Tamil Nadu societies Registration
I. Act Date of Formation : 06.12.2017
1. PREAMBLE 1. Date of Registration 02.01.2018
No 2/2018)
In its efforts to promote and sustain an Name of the Association
Shubham owners Association (SOA) [Change Proposed]
outstanding community, SHUBHAM RESIDENTS’ Registered Office:
Activity Centre, Club House, Ashiana Shubham
WELFARE ASSOCIATION (SRWA) shall be guided Melrosapuram Main Road
Govindapuram (Near Maraimalai Nagar)
by a set of shared values, to which all its members Chengalpattu District
PIN: 603204
stand committed. These values, expressed as the
Vision, Mission and Values
guiding principles of the community, shall be the
touchstone for the bye-laws, rules and operating
guidelines of the Association.
VISION
It is our shared vision to build a harmonious community
that nurtures a vibrant, progressive, safe, homely and
healthy living environment.
MISSION
Our Mission is to manage the affairs of the Association by
providing effective and professional management, and
creating an atmosphere that actively encourages
community involvement and volunteerism.
VALUES
Our SharedValues are:
1. We shall care for each other’s wellbeing. We shall
be respectful in our written and verbal
communication when dealing with fellow
residents, staff, visitors, vendors, etc.
2. We shall strive to build elders-friendly and homely
environment.
3. We shall be good community citizens who are
willingly and voluntarily conforming to the bye-
laws, rules and regulations of the Association.
4. We shall honor the need for privacy of each other.
5. We shall extendour full support and co-operation
to the management Committee and the staff of
the Association, on a continuous basis and help
make the Association’s vision into reality.
1|Pag e
GUIDING PRINCIPLE 2. We shall share creative pursuits, wisdom,
The guiding principles relate to: a) celebrations, life transitions and simple daily
b) connections that make life meaningful in the true
Harmonious Living Centre c) spirit of camaraderie
The emphasis here is on consideration for others, Motives of the Association
with residents relating to eachother in the spir it d) To have harmony and camaraderie in our community
of mutual support and fellowship. The basis for
Emphasis to maintain high standards of maintenance of all
all key decisions is the greater common good. common areas, infrastructure and services
Good Resident Strive to make some value addition to the intrinsic worth
Residents respect the rights of others. The y also of the property belonging to members. To ensure timely
willingly and voluntarilyconform to the bye laws, and effective deliveryof all servicesagreed to the
rules and operating guidelines of the Association. satisfaction of the residents
Outstanding Maintenance and Management of To operate as Non-Profit Organization
the Project
As Residents give value to the thought of fellow
residents who have acquiredunits in the pr oje ct
due to the principle of care by the pr omote r in
the form of maintenance and management of the
Project, emphasis to maintain high standards of
maintenance of all common areas, infrastructure
and services. To ensure various services up to the
expectation of the Residents within a practical
framework.
AIMS AND OBJECTIVES OF THE ASSOCIATION 3. AIMS AND OBJECTIVES OF THE ASSOCIATION
The main objectivesof the Associationshall be: The main objectivesof the Associationshall be:
a) To maintain, manage and/or arrange for repair, a) i) To identify and appoint a suitable reputedService agency
replacement and maintenance of all the common in consultation with the members of the association to
properties, amenities, facilities, appliances maintain, manage and/or arrange for internal
equipment, etc. within the Project. housekeeping of all the flats, repair, replacement , of all
common properties, amenities, facilities, appliances
,equipment etc. within the Project
ii)To arrange for the engagement /employment as the
case may be of the security officers/guards to look after
the security of the project 24x7 either from an accredited
and professionally managed security bureau or through the
service agency appointed for the entire maintenance of the
project
iii) to renew contracts with service providers as and whe n
they become due
b) To protect the Project from all kinds of damage , b) Arrange to protect the project from all kinds of str uctural
to maintain the exterior and elevation of the damage to maintain the exterior and elevation of the
buildings in the Project and to prevent the same buildings in the project. Safety and security of the residents
from any/all kinds of alterations/additions. are foremost important than the ambience of the Project
c) To arrange for the engagements or employment,
as the case may be, of the security guards to look Delete (included in item a)
after the security of the Project.
d) To promote and strive for a peaceful and mutually c) To act as an association of Apartment Owners of Ashiana
beneficial way of living amongst all the membe rs Shubham complex in sucha manner as to protect the
of the association, particularlyin relation to the ir legitimate rights, privileges and interest of all its owners
mutual existence in the Project/ association.
2|Pag e
e) To establish and carry on, on its own or jointly d) To organize and conduct either on its own or jointly in
with individuals or institutions, educational, collaborationwith individuals or association, physical ,
physical, social, recreational or other activities, for social, educational, cultural, recreational and other
the benefit of the Members. activities, for the benefit of the members and others
residing in the complex.
To raise funds by way of subscription, contributions and
donation from members and others so as to facilitate the
conduct of above objects
f) Repair, replacement or improvements of common e) Repairs, replacement or improvements of common areas
areas and common facilities of the Project and common facilities of the project througha service
through a service agency/ service company by agency/service companyby way of proportionate
way of proportionate contribution from the contribution(monthlymaintenance charges)from the
Members, and, if necessary, by raising loans for members/residents
that purpose.
g) To recover itself or through service company/ f) Monthly maintenance charges quoted by Maintenance
service agency all the charges and other amounts Agency and approved by General Bodyto be paid direct
payable by the Members to the Association to the Maintenance Agencyby the members on receipt of
and/or service company/ services agency bill from Maintenance Agency
h) The Association shall carry out its objects without g) With the specific approval from the General Body
any profit motive. The Associationmay enter into the Association may enter into contracts or agreements
contracts or agreements with persons, whom the with persons, whom the Associationdeems fit and capable
Association deems fit and capable for for implementing the objects of the Association, including
implementing the objects of the Association, contracts with persons/ firms /companies, etc. for the
including contracts with persons/ firms security and maintenance of the common areas and
/companies, etc. for the security and maintenance common facilities in the Project. Specific resolution to be
of the common areas and commonfacilities in the passed in the General Body authorizing either President or
Project. Secretary to sign on behalf of the association in such
contracts or agreements
i) To do such other things as may be considere d as h) To provide for and do all or any of the matters as laid down
to be incidental or conducive to the attainment of in these byelaws and so provided in Chapter IV para 13
the aforesaid objectives subsection(2) of Tamil Nadu Apartments Ownership Act
1994.
j) The Association shall not act beyondthe scope of i) Subject to the provisions of the Tamilnadu Societies
its “Objectives” without duly amending the Registration act and other applicable laws, the association
provisions of the Bye-laws for that purpose. shall have the power to amend,alter,addor vary or de lete
any clauses in the Memorandum of Association and/or
byelaws forming part of the Memorandum of Association
with the approval of the majority of members present and
voting at a duly convened General body meeting of the
members of the Association by passing a special resolution
j) To possess the ownership of all openspace, common and
other utilities and facilities existing and to be made
hereafter for andon behalf of the owner Members of the
association who have legal undivided share of ownership
of the vacant land appurtenant to the building Ashiana
Shubham situated at Melrosapuram Road, Govindapuram,
Chengalpattu district 603204
k) To take up such matters as are necessaryand just with and
to appear or represent the Association/its members before
the government, the corporation, the electricity board,
courts of law, judicial, quasi-judicial and other statutory
bodies or tribunals on various matters concerning or
affecting the interest of the Association / members and
also safeguarding the properties in the complex
To engage the services of any professionalslike advocates,
tax consultants etc. for the afore said purposes
3|Pag e
l) To frame rules and administrative procedures with the
approval of the General Body of the Association. The
Management Committee is however authorized to fr ame
rules and administrative procedures and modify the same ,
from time to time, provided the same is not inconsistent
with the byelaws herein and it is duly ratified at a
subsequent meeting of the General Body
SHUBHAM RESIDENT WELFARE ASSOCIATION (SRWA)
Activity Centre, Club House, Ashiana Shubham, Melrosapuram Main Road
Sengundram Village, Govindapuram Hamlet, Chennai 603 204
I. BYE-LAWS
Bye-Law Details of Bye-laws Bye-law Details of Bye-laws
No. No.
SHORT TITLE AND APPLICATION Name of the Association & Registered office
1. These Bye-laws shall be called the Bye-laws of 1. The name of the Associationshall be
a) SHUBHAM RESIDENTS’ WELFARE ASSOCIATION a) Shubham Owners’ Association (SOA)
(SRWA) (hereinafter referred to as “Bye-laws). The Bye-laws of SOA shall hereinafter be referred to as
b) b) “BYE-LAW”
These Bye-laws shall applyto the Association and Registeredoffice: Activity Centre
c) all the Members of the Associationas if they had c) Ashiana Shubham, Melrosapuram Road ,Govindapuram
been signedby eachMember and covenants on Chengalpattu District 603204
d) the part of each Member to observe all the d) Date of formation: 06.12.2017
provisions of the Bye-laws. Date of Registration: 02.01.2018
2. 2. i) The Bye-laws are set forth to comply with the
All present or future owners, tenants or their requirements of the Tamil Nadu Apartment Ownership Act,
employees, or any other person that might own or 1994. In case, any of these Bye-Laws conflict with the
occupy any Apartment in the Project, in any provisions of the said Act, it is agreed, and ac c epte d that
manner whatsoever, shall be subject to the the provisions of the said Act shall prevail. In c ase of any
regulations set forthin these Bye-laws. disputes, jurisdictionshall be the courts of Chengalpattu /
Chennai, in the state of Tamilnadu, India
The mere act of acquisitionor rental or taking on ii) These Bye laws shall apply to the association and all its
lease/ license of any Apartment or mere occupancy members and are to be strictly observed.
of any of the Apartment in the Project will signify iii) Copy of the Bye law to be obtained by everymember at
that these Bye-laws have beenreadand the time of enrollment as member on payment of a
understood, are accepted, stand ratified and will nominal fee prescribedby the association
be complied with all times. The covenants detailed in the byelaw are equally
DEFINITION: applicable to all tenants and residents. It is the duty of the
owner to inform their tenants about their need to c omply
with these bye-laws while residing in the Shubham Project.
In the event of non-compliance by a tenant, the owner
shall be held liable for such a breach.
DELETE
No Change
4|Pag e
In these Bye-Laws, unless the context otherwise
requires:
a) “APARTMENT” shall mean a space in the Project a) “Apartment” means the details mentioned in the sale
deed and constructionagreement executedby eachowner
intended and/or capable of being independently with the land owner and developer reflected in the
possession certificate givento all owners in all the phases
and exclusivelyoccupied, having an entry and exit, of the project
and includes a flat and all such units or spaces Association means Shubham Owners Association (SOA)
constituted by the Owners of the Apartments in the
intended to be used for any residential or project (as definedbelow) for the purpose of carrying out
objectivesof the Associationas providedin Memorandum
commercialuse suchas office, shop, convenient of Association.
shopping in any part of the said Project/ Whole “PROJECT” shall mean the residential project comprising
of flats in 5 phases, parking facility, club house, Parks,
Project. roads, other amenities and facilities etc. constr uc ted / to
be constructedin all the 5 phases on the sc he duled land
b) “ASSOCIATION” means the SHUBHAM RESIDENTS’ b) and named as Ashiana “SHUBHAM”.
WELFARE ASSOCIATION constituted by the Owners “COMMON AREAS AND FACILITIES OF THE PROJECT”
1) The land on which the Project ( Constructed and to be
of the Apartments in the Project (as definedbelow) constructed apartments) is situated and all easements,
rights and appurtenance belongingto the land and building
for the purpose of carrying out objectives of the 2) The foundations, columns, girders, beams, supports,
main walls, roofs, halls, corridors, lobbies, stairs, stairways,
Association as provided in Memorandum of terrace, compound walls, fire escapes, wells and sumps
and entrance and exits of the buildings (completedand to
Association. be completed)
3) The basements, cellars, yards, gardens, swimming pool,
c) “PROJECT” shall mean the residential project c) parking areas and storage spaces
4) The premises for lodging of caretakers or persons
comprising of flats, parking facility, clubhouse, employed for the maintenance of the property
5) water supply, sewerage and drainage connections and
other amenities andfacilities etc. constructed/ to the installations of central services such as generators,
power, light, gas, hot and cold water, heating,
be constructedin different phases on the refrigeration, air conditioning, incinerating
6)Elevators, tanks, pumps, motors ,fans, compressors,
Scheduled Land and named as Ashiana ducts and in general all apparatus and installations existing
for common use
“SHUBHAM”. 7) CCTV installed for security purposes
8) Automatic fire detecting and alarm facilities ne ce ssar y
d) “COMMON AREAS AND FACILITIES OF THE d) to warn occupants of the property of the existence of the
fire
PROJECT” shall mean such commonareas, facilities 9) ProposedTemple and the land on which Temple is being
constructed
and spaces in the Project meant for common use of 10) All other parts of the property necessary or convenient
to its existence, maintenance and safety or normally in
all the Apartment Owners in the Project (as defined common use
herein below) and the equipment provided DELETE
AND/OR reservedfor the commonuse and the
enjoyment of all the Apartment Owners in Project
and more particularlydetailed in the Schedule-A.
However, any areas, facilities and equipment
reservedfor a specific phase of the Project/group/
person(s) or Apartment Owner of a specific part of
the Project shall not form part of common areas
and facilities of the Project.
e) “LIMITED COMMON AREAS AND FACILITIES OF
THE WHOLE PROJECT” shall mean those c ommon
areas and facilities whichare designatedin writing
by the Promoter before the allotment, sale or
transfer of any apartment as reserved for use of
5|Pag e
certain apartment or apartments to the ex clusion
of the other apartments.
f) “MANAGEMENT COMMITTEE” shall mean the e) MANAGEMENT COMMITTEE or GOVERNING BODY
Shall mean the committee constituted and entrusted with
committee constitutedand entrusted with the the administration of Associationunder the Bye-Laws and
comprise of a President, a Vice President, a Secretary, a
administration of Associationunder the Bye-Laws Joint Secretary, a Treasurer, a Joint Treasurer [te rmed as
office bearers] and Seven Executive Members (At pr esent
and comprise of a President, a Vice President, a 13 members in all ) who shall be elected in accordance
with these Bye-Laws.
Secretary, a Joint Secretary, a Treasurer, a Joint This may be amended based on requirements [as laid
down in Bye law] as and when other Phases are completed
Treasurer and SevenExecutive Members (Totally in the Project and after beingduly approved / ratifie d by
the General Body
13 members) whoshall be electedin accordance
No Change
with these Bye-Laws.
“Member” means a member of the Association who is
g) “GENERAL BODY” means the Members of the f) owner of an apartment in the building. It also includes his /
Association present at any meeting convened by her blood relations like father/mother/ son/ daughter and
the Association. spouse. They can vote as a member during elections or
other items tabled for voting in General body and
h) “MEMBER” means an Apartment owner (as g) participate in the deliberations only on obtaining
defined herein below), who became member of authorization in writing from the owner and lodged with
the Association in accordance with these Bye-Laws the Association. However, such blood related pe rsons of
the owners are neither qualified to hold any post nor
and whose membership is subsisting and is not entitled to contest in election for any post in the
terminated in accordance with the Bye-laws. management committee.
“OWNER” OR “APARTMENT OWNER/ OWNERS” means
i) “OWNER” OR “APARTMENT OWNER/ OWNERS” i) the person who owns an Apartment in the Project.
means the personwho owns an Apartment in the Ownership is established only when a possession
Project. certificate issuedby the builder / developer is with the
owner
j) “RESIDENT” means person(s) occupying/ residing / j) “RESIDENT” means person(s) occupying/ residing / staying
staying in any Apartment in the Project in the in any Apartment in the Project in the capacity of owne rs,
capacity of owners, lessee/ licensee/ tenant or in lessee/ licensee/ tenant or in any other capacity.
any other capacity.
“SCHEDULED LAND” shall mean land admeasuring 20 acres
k) “SCHEDULED LAND” shall mean land admeasuring k) and 20 cents and there about (Details as per part II of
20 acres and 20 cents and thereabout lying and schedule A referredto as Project Land in the Sale deed and
situated at Village – Sengundram, Govindapuram construction agreement executed by the owners of
Hamlet, Maraimalai Nagar, Chengalpattu Taluk, apartments with land owner and developers) lying and
Kancheepuram District, Tamil Nadu on which the situated at Village – Sengundram, Govindapuram Hamle t,
Project namedcomprising of different phases, is Maraimalai Nagar, Chengalpattu District, Tamil Nadu
being developed. 603204 on which the Project named Ashiana Shubham
comprising of different phases, is being developed.
l) “PROJECT” shall mean the residential project
comprising of flats, parking facility, clubhouse, Delete (RepetitionC above)
other amenities andfacilities etc. constructed/ to
be constructedin different phases on the “MAINTENANCE AGENCY” or SERVICE AGECCYshall mean
scheduled land and named as Ashiana an accredited agency appointed by the Owners’
“SHUBHAM”. Association for maintenance, upkeep and servic es of the
Project.
m) “MAINTENANCE AGENCY” shall mean an agency l)
appointed by the Owners’ Association for
maintenance and management of the Project.
6|Pag e
n) INTREPRETATION Delete
i) Words importing singular number include
plural number and vice-versa MEMBERSHIP OF THE ASSOCIATION, TRANSFER, ETC
ii) Words importing masculine gender include All apartment owners of the project shall become member
feminine gender and vice-versa. of the Association. It also includes his/her bloodre lations
iii) Headings in these Bye-Laws are inserted for like father/mother/ son/ daughter and spouse as de fined
convenience and are to be ignored while in clause 2(g) stated above
construing the meaning of terms and
conditions of these Bye-laws. 1. Possession of completed apartment, as evide nc ed by a
possession certificate from the builder / develope r is the
3. MEMBERSHIP OF THE ASSOCIATION, TRANSFER, 3. ONLY criterion for membership in the Association. An
a) All Apartment ownersof the Project shall be come a) application in the prescribed format, along with stipulated
subscription needs to be paid to the Association on
members of the Association. No person other than enrollment
the Owner of the Apartment in the Project shall be 2. Builder or Developer to facilitate the owner of the
entitled to become a member of the Association. apartments in the project to become member of the
association by obtaining and handingover the prescribed
b) Project is being developed in phases and shall be b) application at the time of issue of possession certificate.
integrated into one project on completion of all the This is a prerequisite for the Maintenance Agency to
phases. All the Unit Holders and Allottees of each execute the operation and maintenance agr eeme nt with
phase shall become member of the Association as the apartment owner.
and when the Association is formed or when the 3. The right of admission of membership vests with the
Allottee books Unit in the Whole Project. decision of the Association.
c) It shall be permissible for an Apartment O wner to Delete
authorize in writing any one individual (lessee/ Every member has a right to receive a copy of the
tenant) to represent such Apartment Owner to memorandum, byelaws, rules ,regulations and guide lines
exercise all or any of the rights and powers or to prescribed by the associationat the time of enrollment by
perform any act, deed or thingunder the Bye-Laws. paying a nominal fee as prescribedby the Association
On such authorization, the Apartment Owner shall No Change
be deemed to be represented by such
representative and any act done by such No Change
representative shall be binding on that Apartment
Upon any member selling/ transferring/bequeathing his
Owner. Such representative shall confirm his Apartment in the Project by way of gift or will or
acceptance of the authorization given by the otherwise, the purchaser or the donee or the legatee shall
Apartment Owner in writing.
d) Each Member shall receive a copy of the Bye-Laws c)
on payment of Rs.1/- (One Rupee only).
e) All members shall have to pay a monthly/ d)
quarterly/ yearlysubscriptionfees to the
Association as decided by the Management
Committee of the Association from time to time.
f) All members shall accept and strictly adhere to e)
these Bye-Laws.
g) Upon any member selling/ transferring/ f)
bequeathing his Apartment in the Project by way
of gift or will or otherwise, the purchaser or the
7|Pag e
done or the legatee shall become a Member of the become a Member of the Association upon transfer of
such Apartment in favour of such purchaser or the donee
Association upontransfer of such Apartment in or the legatee and being admittedas Member on payment
favour of such purchaser or the done or the of the transfer fees to the associationas may be spe c ifie d
legatee and beingadmitted as Member on by the association from time to time. The purchaser shall
payment of the transfer fee of Rs.500/- (Rupees ensure that the seller has obtained and handed over a
copy of No due certificate from boththe assoc iation and
Five hundred only) or as nominal fees to be Maintenance/ Service agencyfor all the dues and arrears
determined by the Associationfrom time to time. of the seller
The Owner Member shall take NOC from
Association before selling/transferring his No change
Apartment. 1. It shall always be the responsibility of the owner
concerned to keep the Association informed in writing
h) On the death of a Member, his Apartment shall about the change of occupancy of his apartment if it is not
stand transferred, on submissionof requisite occupied by the owner himself.
evidence, to the personor person to whom he 2. Change of ownership of apartment / change in te nancy
bequeaths the same by his will or to the legal occupancy shall be intimated in writingto the Se c retar y,
Shubham Owners Association (SOA) by the member whose
representative of his estate, in case he has not name is already entered in the register – The owner should
made any specific bequest of the Apartment. furnish complete details of the new occupant in the
Accordingly, the name of the legatee or the name prescribed format within 15 days of occupancy.
of legal representative (s) shall be enteredin the 3.Every new occupant or tenant shall be bound by these
bye laws, rules and regulations
Register of Membersmaintained by the Secretary 4. A separate register of residents who are tenants shall be
for the purpose of administration of the project as maintained to distinguish them from the owners.
Owner Member uponsubmission of requisite JOINT APARTMENT OWNERS:
evidence. Where any legatee is a minor the Where an Apartment is owned by two or more persons,
the person whose name stands first in the conveyance
Owner Member shall be entitledto appoint a deed of such Apartment shall become member of the
guardian of such minor. In the case of joint Association, unless such joint owners nominate one
owners, the surviving owner shall continue as a amongst them to be a member of Associationin respect of
such Apartment. In effect, there can be only ONE member
Member. for each apartment.
j) It is the duty of every Apartment Owner or his g) In the absence of the nominee on valid grounds, as
approved by the Association ,one of the remaining joint
designated representative to bring these r ule s to owner(s) can replace the member in the specific Ge ne ral
the notice of his/ her tenant/ personauthorized by Body meetings and act on his / her behalf
him to occupy in his/her Apartment and to obtain DISQUALIFICATION:
his/her signature on the Apartment Owner’s c opy
of these rules, regulations and Bye Laws of
Association as proofof having acceded to the rules.
In any event all residents or otherwise will be
deemed to have knowledge of these Bye Laws and
shall be bound by the same.
4. JOINT APARTMENT OWNERS: 4.
a) Where an Apartment is owned by two or more
persons, the person whose name stands first in the
conveyance deedof such Apartment shall become
member of the Association, unless suchjoint
owners nominate one amongst them to be a
member of Associationin respect of such
Apartment.
5. DISQUALIFICATION: 5.
a) No Apartment Owner shall be entitledto vote on a)
the question of the election of Members of the
Management Committee or the President, Vice
8|Pag e
President, Secretary, Treasurer, Joint Treasurer,
Joint Secretary or any other office bearer or be
entitled to stand for election to such office if
he/she is in arrears in respect of his/her payme nt
for maintenance charges and subscription to the
Association and or any agency for more than 2
months on the day of election. The names of No change
Apartment Owner and the amounts in arrears for
more than 2 months shall be displayed on the
Notice Board of the Association till such time, as
the arrears remain uncleared.
b) The Association shall also be entitled to take b) The Association shall also be entitled to take appr opriate
appropriate action includingdisqualification fr om action including disqualification from Membership/
Membership, against any Member who remains in suspension of the right to attend and participate in the
breach of any of the provisions or rulescontaine d meetings of the Association, Management Committee and
in these Bye-Laws or rules framed in presence vote therein, against any Member who remains in br e ach
hereof after writtennotice to such Member by the of any of the provisions or rules contained in these Bye-
Association. Laws and or guidelines of the Association which in the
opinion of the committee are of a serious nature. Such
violations will be dealt with by the disciplinary committee
of the Association following due process established for
the purpose.
6. Voting 6. Voting
a) A Trust: by any of the Trustees, dulyauthorized by a)
the other Trustees; No Change
b) A Registeredcompany: By a Director, or any officer b)
duly authorizedby the Company. No Change
c) Voting will be by secret ballot, or show of hands, as c) i) Voting will be by secret ballot, or show of hands, as
decidedby the Members votingeither in person, or decided by the Members voting either in person, or by
by proxy, as specified in Bye-law herein below. proxy, as specified in Bye-law herein below.
ii) Voting through electronic media also permitted and in
that case the message or mail to be sent to the chief of
election committee to his registered mobile no or email
address from the owners registered mobile number or
email address
iii)The nomination of proxy has to be in the format
prescribed by the ElectionCommittee and has to be signed
by the member
iv) For clarity, it is reiteratedthat while a prox y c an vote ,
he/ she cannot deliberate or participate in any discussion
in a General Body Meeting. Participation in discussion c an
be done ONLY by the members
d) Each member shall have only one vote to cast d) No Change
irrespective of the apartments held by that
member.
7. Quorum: 7. Quorum:
a) For meeting the Management Committee a) For meeting of the Management Committee
All the members should attendthe meeting or else obtain
3/4th of the total number of members of prior permissionfrom president or secretary for his /her
absence. Members present in the MC meetingwill sign the
Management Committee including office be arer s attendance register. Once signed the member will be
personally present shall be the quorum for meeting
of Management Committee. If within half an hour
9|Pag e
from the time appointed for holding a me e ting of deemed to be present for the full duration of meeting. A t
Management Committee, quorum is not pr esent, all meetings of the MC, the presence of the 51% of the MC
the meeting shall be adjourned for 15 minutes. If at members shall constitute a quorum. If at any meeting of
the adjourned meeting also, a quorum is not the MC, there be less than a quorum present, the majority
present within 15 minutesfrom the time appointed of those present may adjournthe meeting to a subsequent
for holding the meeting, the member(s) present date or time. If at any such an adjourned meeting also no
along with at least 3 office bearers shall be the quorum is present, any business which was tabled for
quorum for that meeting discussion at the meeting may be takenup, without further
notice and the decisions arrived at shall be binding on all.
b) For Annual General Meeting and Extra ordinary b) Any and all decisions and resolutions of the committee
General Meeting require the consent of at least 2/3rd of the members
present in the meeting.
3/4th of the total number of members personally For Annual General Meeting and Extra ordinar y Ge neral
present shall be the quorum for meeting. If within Meeting
half an hour from the time appointed for holding
meeting, quorum is not present, the meeting shall The quorum for the General Body meeting shall be 1 /1 0t h
be adjourned for 15 minutes. If at the adjour ned of the total number of members as per the records of the
meeting also, a quorum is not present within 15 Association.(The presence, in person, carrying at least one
minutes from the time appointed for holding the tenth of the votes shall constitute the quorum for a
meeting, 25 of the total number of members meeting of the General Body. To illustrate, as the
personally present shall be a quorum and this fac t Association has 248 members at present, the presence of
shall be recorded specifically in the Minutes Book members carrying 25 votes shall constitute a quor um).In
case, the quorum is not available, then the meetingmay be
c) Notwithstanding anything contained anywher e in c) adjournedfor 15 minutes. At suchan adjourned meeting, if
this Bye-Law, the quorum is not satisfied, then the owners present shall
form the quorum for the purpose of these Bye laws and
i) For transferring followingbusiness/ agenda and/ or the fact shall be recorded specifically in the minute’s book.
any amendment in respect of the following All decisions or resolutions tabled for discussions and
business/ agenda in any General Body Me eting, a approval will be taken as approved, only if it is suppor ted
written referendum by 75% of the total me mbers by a simple majority of the members present and the same
shall be required. will be binding on all the members of the General Body
a) Utilization of additional FAR, if any even if they are absent from the meeting
b) To increase the height of the building by adding
additional floors; No Change
c) To construct additional building;
Delete
ii) For transferring followingbusiness/ agenda and/ or
any amendment in respect of the following For transferring following business/ agenda and/ or any
business/ agenda in any General Body Me eting, a amendment in respect of the following business/ agenda in
written referendum by 51% of the total me mbers any General Body Meeting, a written referendum by 5 1%
shall be required. of the total members as per the recordsof the Association
a) To remove/ change the maintenance agency shall be required.
b) To change the name of the Project or Society. a) To remove/ change the maintenance agency
b) To change the name of the Project or Society.
8 VOTE TO BE CAST IN PERSON OR THROUGH 8
PROXY: VOTE TO BE CAST IN PERSON OR THROUGH PROXY
In any Meeting of the Association, vote may be cast
in person or through a duly authorized proxy. The
authority to a proxy must be in writing. The pr oxy
10 | P a g e
must be deposited with the Secretary/ President of No change
the Association not less than 48 hours be fore the
time for holding the Meeting. The proxy neednot Annual General Body Meeting
be a Member, but no two persons should have
same proxy. The role of proxy is only restricted to i) It will be conducted once in a year, within six months
the extent of casting of votes as authorizedby the after the financial year normally April to March or as
Members. The proxy cannot participate in the prescribed the Government from time to time. In
deliberations of the meeting(s). exceptional circumstances beyond the control of the
9. FIRST GENERAL BODY MEETING AND ANNUAL 9 committee the periodstipulated for conduct of the AGM is
GENERAL BODY MEETING extended beyond the stipulated period, the delay in
a) The first Annual General Meeting of the a) conducting the meeting may be approvedby the Ge neral
Association shall be held within six months after Body and the same may be recordedin the minutes
the financial year end April to September. The ii) The President of the association will preside over the
President of the Associationas named in the Bye meetings. In the absence of the President, the Vice
Laws shall be the chairperson for the first Ge ne ral President can preside over the same. In the absence of
Meeting. In this absence, Vice President will c hair both the President and the Vice President, the Me mber s
the meeting. present, may choose a chairman among themselves to
preside over the meeting.
b) At least one general body meeting shall be held b)
every year within six months from the e nd of the No change
financial year which will be called Annual Ge neral
Meeting. AGENDA FOR AGM SHALL BE THE FOLLOWING
I) To elect the members of the Management committee
c) The following business shall be transacted in the c) and office bearers for a period of 2 years as and when
Meeting: applicable
i) To elect the members of the Management ii)To consider and approve the budget for monthly
Committee for 2 years (wherever applicable). maintenance charges submitted by the maintenance
ii) To appoint auditor/ auditors for ensuing the service agency appointed by the Association.
financial year. iii) To review the report of EC on the performance of the
iii) To adopt and consider the auditedstate me nts Maintenance / Service Agency
of accounts of the preceding years. iv) To appoint auditor or change of auditor and fix
iv) Any other resolutions ordinarilyreceived fr om remuneration
the members two weeks before the meeting v) To adopt and consider the audited statement of
accounts of the preceding year
11 | P a g e vi) Consider, and approve the minutes of the previous
meeting.
vii) Consider, approve and initiate suchaction as may be
necessary on the reports of the Secretary and the auditors;
viii) Consider, approve and initiate such actionas may be
necessary on reports, if any submitted by the MC.
ix) Consider, approve and initiate such action as may be
necessary on the report of the Registrar, or of the O fficer
duly authorizedby him.
x) Consider, and deal with appeals against the actions/
inaction in the MC, if any
xi) Consider amendments, additions or modifications to the
Bye-laws and Rules & Regulations.
xii) Consider, and deal with unfinishedbusiness, if any.
xiii) Consider and deal with any new business that may be
10. EXTRA ORDINARY GENERAL BODYMEETING 10. placed before the General Body.
xiv) Consider and approve budget for the ensuing financial
a) The Management Committee of the Association year in respect of social and cultural activities
xv) Consider and approve to incur non-budgeted
shall, either at its own resolution passed in its expenditure
xvi) Any other Subject with the permission of the Chair
meeting or on the requisition of 25% of the xvii) Any other resolutionreceivedfr om me mbers to be
taken up for discussion / voting. Suchresolutions should be
members, proceed duly to call an Extra Ordinary received by the Association at least 15 days prior to the
date of the meeting without fail. Where ever necessary,
General Meeting of the Association the resolution to be moved should be supported by an
explanatory note.
b) The requisition shall set out the matters for the EXTRA ORDINARY GENERAL BODYMEETING
a) An Extra Ordinary General Body Meeting of the
consideration of which the meetingis to be calle d, Association may be convened by the President, for any
specific purpose or on the written requisition of the
shall be signed by the requisitionists and shall be managing Committee or at the request of at least 1/10th of
the members of the Association. 21 days clear notice shall
deposited in the Registered Office of the be given to all members by post/ Circular within 30 days of
such requisition with the details of venue, date and time.
Association b) The requisition shall set out the matters for the
consideration of which the meetingis to be called, shall be
c) It shall be the duty of the President to call Extra signed by the requisitionists and shall be deposited in the
RegisteredOffice of the Association
General Body Meeting of the Association upon a c) The notice of any Extra GeneralBody Meeting shall state
the time and place of such meeting and the purpose
petition signed by 25% of the membersand having thereof. No other businessshall be transactedat an Ex tr a
Ordinary General Body Meeting except as stated in the
been presented to the President. The notice of notice without the consent of the majority of members
present in person
any Extra General Body Meeting shall state the d) The quorum for the Extra Ordinary General Body
meeting shall be 1/10th of the total members as per the
time and place of such meeting and the purpose records of the association. If the requisite quorum not
available, the meeting will be conductedwith the members
thereof. No other businessshall be transactedat a present and decision will be takenon the basis of simple
majority of the members present.
Extra Ordinary General Body Meeting except as e) If amendment to the byelaws is part of the agenda, it
can be carried out only with the requisite quorum of
stated in the notice without the consent of four- 1/10th of the total members as on the date of the meeting
as per association records. The amendment would be
fifths of the members present in person. deemed accepted only if it is approved by a simple
majority of those present.
11. NOTICE OF GENERAL BODY MEETING 11. NOTICE OF GENERAL BODY MEETING
Notice for the AGM shall be issued to all the members
a) Notice of every General Body Meeting shall be a) with 21 clear calendar days before the date of the meeting
or as stipulated in the Societies Act. The Notice shall
given to all Members at least 21 days prior to the contain the day, time, place and the agenda of the
meeting.
date of such meeting. The notice shall containthe
No change
day, time, place and agenda of the meeting.
MINUTES:
b) The notice shall also be displayed on the notice b)
No change
boards of the Project. No notice shall be require d
to be sent in respect of any adjournedmeeting
12 MINUTES 12.
a) a) The Secretary shall be responsible to pr epare a)
minutes of all Meetings of the Associationand
the Management Committee and get the same
signed by the President/ Chairman of the
12 | P a g e
meeting within 30 days from the date of
meeting.
13. MANAGEMENT OF ASSOCIATION: 13. MANAGEMENT OF THE ASSOCIATION AND ELECTION OF
MANAGEMENT COMMITTEE
A management Committee of the Members of the a)
a) The Management of the Association will be done by a
Association shall govern the affairsof the Management Committee notified in the AGM
The Management Committee shall consist of President,
Association. Vice President, Secretary, Joint Secretary, Tr easurer and
joint Treasurer (termed as office bearers ) and 7 EC
a) MANAGEMENT COMMITTEE, ELECTION AND members (Total13). The number may be increased to a
TERM OF OFFICE maximum of 20 by adding suitable numbers as and whe n
b) The Management Committee shall consist of O ne the remaining phases are getting completed with the
c) President, One Vice President, One Secretary, O ne approval of MC and getting the same ratified through
c)(i) Joint special resolution in the following AGM. However, the
c)(ii) Secretary, One Treasurer, One Joint Treasurer and present strength of 13 will continue till majority of the
c)(iii) 7 Executive Members. Each Member of owners of the phase 3 get inducted as members.
management Committee shall be a full time
resident of the Project. b) The number of EC members representing each phase
The members of Management Committee shall not will be notified by the EC on a prorate basis base d on the
be entitled to any remuneration except number of owner members in each phase prior to each
reimbursement of out of pocket expenses incurred election. Such EC members representing eachphase will be
in relation to the duties assigned to them by the elected by the members of the respective phase and
Management Committee or under the Bye-Laws. notified sufficiently before the date of the AGM. Only
these EC members are eligible to contest for the post of
Election and Term of Members of Management office bearers referred to as above. The elections will be
Committee: conducted following a duly constituted process.
Before the electionof Management Committee in c) To become an EC member, the member shall be an
the First Annual General Body Meeting, Office owner as defined under “definitions” and shall be a
Bearers and members named in the Memorandum resident of the project. Resident in this contest means the
of Association submitted before the Registrar for owner who normallyresides in the project for a major part
registration shall constitute and act as the of a year.
Management Committee.
The first Management Committee shall be elec ted d) He / She should not be a defaulter in paying the
at the first Annual GeneralBody Meeting. Association subscription and Maintenance charges
The term of Members of the Management e) To qualify for becoming an office bearer , the candidate
Committee shall be 2 years, New Management
Committee Members shall be elected at the Annual
General Body Meeting.
13 | P a g e
c)(iv) The retiring Management Committee Members are 1) should be an EC member
eligible for re-election. However, no Management
2) Can nominate himself / herselffor only one post
Committee member shall be eligible for election
for more than three consecutive terms. It is f) The term office of the Management Committee shall be
clarified that such member is eligible for the re- two years from the date of election. In the event of de lay
election to the Management Committee after a in conducting AGM in an election year , the incumbents
would continue till next elections are held
gap of one term.
g) The retiring Management Committee Members are
eligible for re-election. However, no Management
Committee member shall be eligible for electionfor more
than three consecutive terms. It is clarified that such
member is eligible for the re-election to the Management
Committee after a gap of one term.
h) All the members of the Management Committee,
including office bearers, shall be working in a purely
voluntary and honorary capacity. They shall not be paid
salary or compensation for their work except
reimbursement of actual expenses incurredin re lation to
the duties assigned to them by the Management
Committee or under Bye law and duly approved by the
President / Secretary.
14 | P a g e
14 POWER AND FUNCTIONS OF OFFICE BEARERS OF 14. POWER AND FUNCTIONS OF OFFICE BEARERS OF
MANAGEMENT COMMITTEE MANAGEMENT COMMITTEE
i) PRESIDENT a)(i) PRESIDENT
The President shall be the Chairman of the The President shall be the head of the Management
Management Committee. committee, and shall guide and supervise its various
activities. He shall preside over the AGM, Special and MC
Meetings, the proceedings of which shall be conducted
under his direction, and general supervision. His r ulings
shall be in accordance with the quorum and voting
requirements prescribed. He shall have an additional
“CASTING VOTE” in the event of a tie in the voting.
(ii) The President shall preside over the meetings of a)(ii)
the Management Committee as well as General Delete ( includedabove)
Body.
(iii) The President shall have all of the general powers a)(iii)
and duties which are usually vestedin the office of
the President of an Association, including, but not
limited to the power to appoint committee s fr om Delete
among the members from time to time as he may
as per his discretion deem to be appropriate in
order to assist in the conduct of the affair s of the
Association.
b) VICE PRESIDENT b.
In the absence of President, Vice President shall
15 | P a g e
perform the duties of the President and in case No Change
both the President and the Vice President are c(i) to c(iii) No change
absent, the Management Committee shall appoint Addition
iv) Institute, prosecute and defend suits and other
some other member of the Management proceedings in whichthe Association may be involved, as
Committee to act as the President on an interim may be decidedby the MC and approved / ratified by the
basis. The Vice President shall also perform such General Body.
duties as may from time to time be assigned to him
No change
by the Management Committee.
No Change
c) SECRETARY c.
i) The Secretary shall have all the responsibilitie s
of general administration and procedural
functions of the Association. The minutes of
the meeting of the Management Committee
and of the Association shall be kept by the
Secretary. Notices of all meetings shall be
issued under his signature. He shall have the
charge of such books and papers as the
Management Committee may direct and he
shall perform all duties as directed by the
Management Committee or incidental to the
office of the Secretary.
ii) The Secretary shall be authorized
spokesperson and carryout all correspondence
on behalf of the Association.
iii) The Secretary shall keep in two separate
books, the minutes of all meeting of the
Governing Body and the minutes of all
meetings of the Association. The Secretary
shall be responsible to record the proceedings
of all meetings in the respective minute books.
The pages of each of the minute books must
be consecutivelynumberedand authenticated
by the President of the Association. The
Secretary shall also have charge of such other
books and papers as the Governing Body may
direct; and he shall; in general, perform the
entire duties incidental to the office of
Secretary.
d) JOINT SECRETARY d)
In the absence of the Secretary, the Joint Secretary
shall perform the duties of the Secretary and n
case both the Secretary and Joint Secretary are
absent, the Management Committee shall appoint
some other member of the Management
Committee to act as the Secretary on an interim
basis. The Joint Secretary shall also perfor m such
other duties as may from time to time be assigne d
to him by the Management Committee.
e) TREASURER e)
The Treasurer shall be responsible for the funds
and securities of the Associationand for keeping
full and accurate accounts of all receipts and
disbursements in the books of the Association. He
shall be responsible for the deposits of all moneys
16 | P a g e
and other valuable effects in the name and to the
credit of the Associationin such depositaries as
may from time to time be designatedby the
Governing Body
f) JOINT TREASURER f)
In the absence of the Treasurer, the Joint Treasurer
shall perform the duties of the Treasurer and in
case both the Treasurer and Joint Treasurer are
absent, the Management Committee shall appoint No Change
some other member of the Management
Committee to act as the Treasurer on an interim
basis. The Joint Treasurer shall also perform such
other duties as may from time to time be assigned
to him by the Management Committee.
15 POWERS AND DUTIES OF MANAGEMENT 15.. POWERS AND DUTIES OF MANAGEMENT COMMITTEE:
COMMITTEE:
a) The Management Committee shall have all the a) The management Committee Shallhave all the power s
powers and the duties necessary for the and duties for the administration of the affairs of the
administration of the affairs of the Association Association, and may do all such acts, and things as are, by
including those specifically delegated by the law, or by these Bye-laws directed to be exercised and
General Body, provided that the Management done by the Owners
Committee shall exercise its powers subject to the b) The Management Committee shall also have the powers
objects & provisions of these Bye-laws. to appoint sub-committees from among its members or
b) The Management Committee shall also have the from Apartment owners or residents and assign such
powers to co-opt two persons from among the duties to them as they deem appropriate for the better
members, or from a Resident of the Project, to upkeep of the Project and also to ensure be tter se rvices
assist the management Committee in its day-to-day from the Maintenance / Service agency.
activities. In the later case, the persons so co-
opted shall become “ASSOCIATE MEMBERS”, which c) No Change
title they shall hold till such time they serve on the d) Delete
Management Committee as co-opted Members. e) Appointment and Renewal of Maintenance / Service
Such Associate Members shall, however, have no Agencies’ [i.e. an accreditedagency which shall have the
voting rights whatsoever in the Management experience and expertise for managing the infrastructure
Committee. and facilities of the project including security – [the current
The Management Committee shall also have the Maintenance Agency is Ashiana Maintenance Services L L P
powers to appoint Sub-Committees from among its (AMSL)] and the terms thereof with the approval of the
members and Associate Members, or from General body. Appointment and renewal of other persons
Apartment Owners or Residents, and assign suc h employed by the association
duties to them as they deem appropriate for the f) Review the performance of the Service Agency and
better upkeepof the Project. provide reports on their performance to the General body
c) The Management Committee shall be responsible periodically
for resolving interse disputes between the g) Respond to any feedback, grievance, suggestion
members. received from the member. In the event of any other
d) The Management Committee shall ensure that a grievances / complaints are not resolved as per process by
uniform color of the apartments is maintained. the Maintenance Agency, the same will be taken up by the
MC with the Maintenance Agencyfor redressal.
h) Evaluating and approving any notices to residents
requesting moneycontributions for special events such as
new year eve celebrations etc. However, such money
contributions shall be on a voluntary basis only.
i) To levy and collect fines, an amount as determined by
the General Body from time to time, from residents or
non-resident owners for non-compliance of rules and
regulations framed and communicated from time to time
by the Association.
j) To liaise with Villa Viviana Associationinside the complex
17 | P a g e
for better understanding in sharing the common expenses,
use of common areas along with the residents of Villa
Viviana and also to maintain cordial relationship and
friendly atmosphere
k) To initiate disciplinary proceedings against a me mber /
resident when sucha situation arises following due process
set forth by the disciplinary committee of the Association.
l)The Association shall frame rules, regulations and
procedures for the administrationof Apartments, common
areas
m) The Association shall frame rules, regulations and
procedures for the administrationof Apartments, common
areas and facilities of the Project as well as frame
guidelines of restrictions and measures designed to
prevent the unreasonable and improper use of c ommon
areas and facilities of the Project whichwill interfere with
the peaceful occupation of units by respective
Owners/Residents conducive to day to day living
environment. Such measures/ restrictions shall be
implementedwithin a reasonable time.
16 MANAGER/SUPERVISOR 16.
a) The Management Committee may
employ, for the Association, a Manager/Supervisor
and the other subordinate workers on such terms
as determinedby the Management Committee to No change
perform such duties and services as the
Management Committee may authorize. The
Management Committee may, by an Ordinary
Resolution, remove, dismiss, or suspend any
employee of the Association.
17 VACANCIES 17. VACANCIES
a) The vacancies in the Management Committee a) Vacancies causedin the MC for any reasonshall be filled
caused by any reason shall be filled by the vote of in by the MC duly nominating another non-
majority of the remaining members of the elected member of the respective phase in
Management Committee, even though they may consultation with the membersof that bloc k and
constitute less than a quorum, and each person so such newly nominated member shall hold offic e
elected shall be Manager until a successor is till the next AGM is conducted when a new
elected at the next Annual General Meeting of the member could be elected.
Association. b) In respect of resignation by office bearers the next
person in command will automatically move to
that position and the resultant post (joint or
deputy) will be nominated from the other
members on consensus by the MC and will
continue till the elections are held.
c) In extraordinary circumstances when majority of the
office bearers resign, EGM has to be convened
within three months from the date of such
resignation to elect new office bearers. In the
interim , the resignedoffice bearers will continue
their posts and discharge their responsibilities till
a new Committee takes over
18 REMOVAL OF MEMBERS OF THE MANAGEMENT 18. REMOVAL OF MEMBERTS OF THE MANAGEMENT
COMMITTEE: COMMITTEE
a) At any regular or special meeting duly called, The office of an office bearer or a committee member shall
one or more of the members of the stand vacated if
Management Committee may be removed with a) He / She tendershis / her resignation in writing
18 | P a g e
or without cause by a majority of the membe rs b)He / She ceases to represent any of the members of the
and a successor may be elected to fill the association
vacancy thus created. Any members of the c) He / She absents himself / herself for three consecutive
Management Committee meetings without prior
Management Committee whose removal has information
been proposed by the Owners shall be given an d)The Association by resolution in General Meeting
opportunity to be heardat the meeting in which resolves his / her removal
his removal is elected upon. e)He / She has been convicted by a court of any offe nce
involving moral turpitude and sentenced in respect thereof
19 FIRST MEETING 19 to imprisonment for not less than six monthsand a period
of five years has not elapsedfrom the date of expiry of the
The first meeting of newly elected Management sentence
f) Notwithstanding the above, any member of the
Committee shall be held withinten days of election Management Committee shall be deemedto have vacated
their office, if the committee member ceases to be a
at such place as shall be fixedby the me mbers of member of the Association
g) The remedy of appeal for removal from membership
the Management Committee at the meeting at that is available to any member is also available to the
Management Committee member
which such memberswere electedand no notic e
Delete
shall be necessary to the newlyelected members in
REGULAR MEETING—
order to legally to constitute such meeting. a) Regular meetings of the Management Committee may
20 REGULAR MEETING— 20 be held at such time and place as shall be determined
form time to time by a majority of its members. 8 such
a) Regular meetings of the Management meetings shall be heldduring each year and at le ast 2
meetings in a quarter. Notice to regular meetings of
Committee may be held at such time and plac e as the Management Committee shall be givento eac h of
its members, personally or by mail or by any social
shall be determined form time to time by a media based communication tool (like WhatsApp) at
least three days prior to the day fixed for such
majority of its members but at lease one such meeting. Meeting with the residents to be ar r ange d
once in a quarter to apprise the residents of the issues
meeting shall be held during each quarter of the taken up with the management agency and the
updates thereon
year. Notice of regular meetings of the SPECIAL MEETING
Special meetings of the Management Committe e may be
Management Committee shall be given to eac h of called by the President or Secretarywith three days’ notice
to each member of the Management Committee given
its members, personally or by mail or telegraph, at personally or by mail or by any social media based
communication tool (like WhatsApp) adopted by the
least three days prior to the day named for such committee which notice shall state the time, place and
purpose of the meeting. Special meetings of the
meeting. Management Committee shall be calledby the President /
Secretary in like manner on the written request of at least
21 SPECIAL MEETINGS— 21 five members of the Management Committee
Special meetings of the Management
Committee may be called by the President or
Secretary on three days’ notice to each
member of the Management Committee given
personally or by mail or telegraphwhichnotice
shall state the time, place and purpose of the
meeting. Specialmeetings of the Management
Committee shall be calledby the President or
Secretary in like manner and on line notice on
the written request of at least three member s
of the Management Committee.
22 WAIVER OF NOTICE— 22
19 | P a g e
a) Before or at any meeting of the Management No Change
Committee, any of its members, may, in
writing waive the notice requirement for suc h
meeting for him and such waiver shall be
deemed equivalent to the giving of such
notice. Attendance by a member at any
meeting of Management Committee shall be a
waiver of notice by him of the time and plac e
thereof. If all the members are present at any
meeting of the management Committee, no
notice shall be required and any business may
be transacted at such meeting.
23 OBLIGATIONS OF THE MEMBERS— 23. OBLIGATION OF THE MEMBERS
a) Every Member and Resident shall abide by the Bye- a) No Change
laws of the Associationand follow all resolutions/ b) All the members and/or residents shall be liable and
decisions of the General Body, as conveyed obliged to pay a monthly sum based on super built up area
through the Management Committee. of the Unit towards proportionate cost of maintenance and
b) All the members and/or residents shall be liable management of the Project. This may be paid direct to the
and obliged to pay a monthly sum based on supe r Maintenance / Service agencyappointedby the association
area of the Unit towards proportionate cost of as being done currentlyor to the Association should the
maintenance and management of the Project to Association undertake suchmaintenance of the Project in
the Maintenance Agency or the Association as the future.
case may be. c) Delete
c) Every Apartment Owner shall be liable to pay d) No Change
interest for delay in payment of any amount due e) No Change
and payable to the Association or the Maintenance f) No Change
Agency @ 18% p.a. as the case may be. g) Every Owner shall pay the subscriptions as fixed by
d) No owner may exempt himself from liability for his the association
contributiontowards commonexpenses by waive r i) maintenance of the Association office
of the use of enjoyment of any common areas and ii) to celebrate common festivals
facilities, or by abandonment of his Apartment. iii) to conduct activities that are feasible as detailedin
e) All sums assessed by the Association or the Memorandum 3 (d)
Maintenance Agency but unpaid for the shar e of iv) Any other expense that the Management
common expenses chargeable to any Apartment Committee deems fit to further the welfare of the
shall constitute a charge on the Apartme nt in the
order of priority statedin Section 21 of the Act. members.
f) No Apartment may be transferred without h) Every Owner/Resident shall ensure that the staff
obtaining a no-dues certificate from the employed by him/her/them bear a good character and
Association / or Management Agency. Howeve r in shall be responsible for their behavior and actions
case of transfer of Apartment prior to the date of while in his/her/their service. Owners/Reside nt shall
possession, the no dues and or no objection be responsible to ensure that their staffs follow all
certificate shouldbe sought from the promotor rules laid by the MC, without exception.
i) No Owner/Resident shall use the commonareas for
any purpose whichmay hurt the sentiments, or
Feelings or detrimental to the interest of any of the
residents. The decision of the MC shall be final and
binding in all such cases. .
j) All Owner/Resident of Ashiana Shubham complex shall
adhere to all rules, regulations, code of conduct that
may be formulated by the General Body from time to
time
k) All Owner/Resident shall ensure that the pottedplants
and other decorative items kept in their respective
balcony spaces or terraces are kept within their
20 | P a g e
balcony/terrace space at floor level only thereby
ensuring utmost safety to fellow residents and shall
also follow all rules and regulationsprescribedfor this
purpose, by the Associationfrom time to time.
l) No Owner/family member(s) or the tenant or any
other person(s) in the project shall form any parallel
Society/ association.
m) Any Owner/Resident violating any rules and
regulations/ Bye-laws of the Associationmay invite
disciplinary/ legal action against him/her by the
Association so as to make them comply with the said
rules and regulations.
n) It shall be the responsibility of each owner to ensure
that their accurate and current contact informationis
furnished to the Association and is reflecting in their
records.
24 MAINTENANCE AND REPAIR— 24 MAINTENANCE AND REPAIR--
i) Every Owner must perform promptly all i)
maintenance and repair work within his own Every owner must perform promptlyall maintenance and
Apartment, which if omitted would affect the repair work within his own apartment, which if omitted
building in entirely or in a part belongingto othe r would affect the building entirety or a part belonging to
Owners, being expressly responsible for the other owners.
damages and liabilities that his failure to do so may
endanger
ii) All the repairs of internal installations of the ii)
Apartment such as water, light, gas, power,
sewage, telephones, air-conditioners, sanitary
installations, doors, windows, lamps and all other Delete
accessoriesbelonging to the Apartment area shall
be at the expense of the Apartment Owner
concerned.
iii) An Owner shall reimburse the Association or the
Maintenance Agency for any expenditure incurred
in repairing or replacing any common area and Delete
facility damaged due to his fault.
iv) Every owner shall be ready bear costs caused due Every owner shall be ready to bear costs causeddue to
to leakage or any kind of repair of the floor of the leakage or any kind of repair of the floor of the unit which
unit affects others
v) Every Owner shall allow the Association/ iv) Delete
Maintenance Agency or any authorisedpe rson to
enter into any commonarea earmarked exclusively RIGHTS OF ENTRY
for his use for undertaking repair work which if Every Apartment Owner / Resident shall grant the right of
entry to the Members of the Management Committee or
omitted would affect the buildingor the Project in the Employee of the Maintenance agency, or any person
entirety. authorized by them.In case of any emergencyoriginating in
or threateninghis/her/their apartment whether the
25 RIGHTS OF ENTRY 25
i) An Owner shall grant the right of entry to the
Manager or to any other person authorised by the
Governing Body or the Associationin c ase of any
emergency originating in or threatening his
Apartment, whether the Owner is present at the
21 | P a g e
time or not. Apartment owner is present or not
ii) Upon request, an Owner shall permit other Owners No change
RULES OF CONDUCT—
or their representatives whenso required, to enter ASSOCIATION
his Apartment for the purpose of performing No Change
Delete
installation, alternation or repairs to the
No change
mechanical or electrical services; provided that
Delete
such requests for entryare made in advance and at
No change
a time convenient to the Owner. However, in case
of emergency, such right of entry shall be
immediate.
26 RULES OF CONDUCT— 26
A ASSOCIATION a)
i) Occupants shall exercise extreme care about i)
making noise or the use of musical instruments,
radios, television, and amplifiersthat may distur b
others. Occupants keeping domestic animals shall
abide by the municipal sanitary bye-laws and
regulations.
ii) It is prohibitedto dust rugs, etc. from the windows, ii)
or to clean rugs, etc. by heating on the exterior
part of the building.
iii) It is prohibited to throw garbage or trash outside iii)
the disposal installations provided for such
purposes in the service area. If such installations
are not provided, all garbage or trash shall be
collectedin a vessel and thrown in the municipal
dustbin.
iv) No Owner, occupant or lessee shall install wiring iv)
for electrical or telephone installation, te levision
antennae, machines or air conditioning units e tc.
on the exterior of building or that protrude
through the wall or the roof of that building except
at designated places as authorized by the
Management Committee.
B i) Every Apartment Owner who lets his/her/their v)
apartment for occupation by other on lease,
tenancy, mortgagee, or otherwise, shall include in
the relevant Agreement, a clause as appr ove d by
the Association, binding the occupant to pay, in
proper time, the monthly maintenance
assessments directly to the association or such
person authorized by Association. A copy of the
said Agreement, along with an undertaking by the
occupant to abide strictly by the Bye-laws of the
Association, and to make payment in full, and in
time, all maintenance assessment as raised, shall
be submitted to the Association before occupation
of the Apartment. However, this shall not absolve
the Apartment Owner from his/her/their
responsibility to ensure that all assessments on
his/her/their Apartment are paid in time as
specified by the Management Committee from
time to time, and in the event of any default by
his/her/their occupant, the Apartment Owner shall
22 | P a g e
make all payment as raised by the Association.
ii) Every Apartment Owner/Resident shall fully, and vi)
without delay, reimburse the Association or the
maintenance agency for any expenditure in Delete
repairing or replacing any damages to the Pr oject
including the common areas and facilities of the
Project causedthrough his/her/their fault
iii) Every Apartment Owner/Resident shall ensure that vii)
the Apartment is not used for any purpose othe r
than for which the allotments are made. No No change
Apartment Owner/Resident shall use any part of
the Premises for any commercial purpose
whatsoever.
iv) Every Apartment Owner/Resident shall ensure that viii)
the rights and privileges of other Apartment No change
Owners are respected and that no inconvenience is
caused to them in any manner.
v) No Apartment Owner/Resident shall install any ix)
machinery, or equipment, like generator s, e tc. in No change
the common areas of the Project, especiallyin the
lobbies or under staircase that makes a noise, or
causes disturbances to other residents, in any way.
x) Every Apartment Owner shall furnish relevant par tic ulars
of any person/ persons other than the Apartment O wner
themselves in occupation of his/her/their Apartment as
may be required by the Management Committee. A lette r
of authorization for suchoccupation shall be givento the
Management Committee before occupation
xi) Every apartment owner should inform the Maintenance
Agency and Association in advance about the change in
occupancy of their Apartment. For every such change that
involves movement of household goods in or out of
building, a shifting fee of Rs 2000 per occasion will be
levied to cover the repairs for minor damages in c ommon
area, additional securityand housekeeping effor ts put in
by the association. The Apartment owner /Resident should
take adequate care that no damage is done to lifts or any
other common areas due to his movement. The cost of
repairing any major damages, at the discretion of the
Management Committee, will be charged to the owner ’s
account.
xii) No Apartment Owner/Resident shall place or cause to be
placed in the lobbies, vestibules, stairways, elevator s and
other areas both common and limited any furniture,
packages, cycles, or objects of any kind.
xiii) No Apartment Owner/Resident shall use any portionof the
common area of the Project without the written
permission of the Management Committee. The
management Committee may grant permission for such
occupation, for short periods, for marriages or other social
functions, at their discretion, provided that the pr e mise s
used is given back in the same condition as it was taken,
and the cost of cleaning the premises, or repairing
damages if any, shall borne by such user as determined by
the Management Committee
xiv) No Apartment Owner/Resident or any person c onnecte d
23 | P a g e
with him/her/them, shall cause any damage, whatsoever ,
to any asset of the Association. In the event of so doing,
the full cost of repairing/ replacement of such damage
shall be borne by the Apartment Owner/Resident
xv) No Apartment Owner/Resident shall, under any
circumstances, threaten, abuse, reprimand, assault or in
any way take up with the staff employed by the
Association/ Maintenance Agency, but may report any
misbehavior, or neglect of duty by them to the
Management Committee/ Maintenance Agency
xvi) Any Apartment Owner who fails to pay for two months, or
more, any amounts due to the Maintenance
Agency/Association, shall be deemed a “Defaulting
Member”, and shall be barred from voting, or standing for
election to Management Committee
b) DELEGATION TO AGENCY b) DELEGATION TO AGENCY
i) No occupant of the building shall post any i)
advertisement or posters of any kind in or on the
building except as authorizedby the maintenance Delete
agency.
ii) Every Apartment Owner/Resident shall gr ant the ii)
right of entry to the Members of the Management
Committee or the Employee of the Maintenance
agency, or any person authorizedby them. In case Delete (Repetition25)
of any emergency originating in or threatening
his/her/their apartment whether the Apartment
Owner is present or not.
iii) Every Apartment Owner/resident shall permit the iii)
Members of the Management Committee or any
person authorized by them to enter the Apartment
for the purpose of performing installations,
alterations, or repairs to the mechanical or Delete (Repetition25)
electrical services, provided that the requests for
entry are made in advance and suchentr y at that
time is convenient to the Apartment Owner. In
case of an emergencysuchright of entry shall be
immediate and without notice.
iv) Every Apartment Owner shall furnish relevant iv) Delete ( Shifted 26 X)
particulars of any person/ persons other than the
Apartment Owner themselves in occupation of
his/her/their Apartment as may be required by the
Management Committee. A letter of authorization
for such occupation shall be given to the
Management Committee before the occupation.
v) Every Apartment Owner should inform the v)
Maintenance Agency in advance about the change
in occupancy of their Apartment. For e very such
change that involves movement of household Delete ( Shifted to 26 xi)
goods in or out of building, a shifting fee of Rs.2000
per occasion will be leviedto cover the repair s for
minor damages in common area, additional
security and housekeeping efforts put in by the
Association. The Apartment Owner/Resident
should take adequate care that no damage is done
to lifts or any other common area due to this
movement. The cost of repairing any major
24 | P a g e
damages, at the discretion of Management Delete
Committee, will be charged to the Owner’s Delete (shiftedto 26 xii)
account. Delete (shiftedto 26 xiii)
vi) No Apartment Owner shall make any structural or vi)
other modifications which may alter the façade of Delete
the building in any manner, whatsoever, save and Delete
except window grills as per designprovidedby the Delete (Shifted 26 xiv)
Promoter Ashiana Housing Ltd. Delete (Shifted 26 xv)
vii) No Apartment Owner/Resident shall place or cause vii)
to be placed in the lobbies, vestibules, stairways, Delete
elevators and other areas both common and
limited any furniture, packages, cycles, or obje cts
of any kind.
viii) No Apartment Owner/Resident shall use any viii)
portion of the common area of the Project without
the written permission of the Management
Committee. The management Committee may
grant permission for such occupation, for short
periods, for marriages or other social functions, at
their discretion, provided that the premises so
used is given back in the same condition as it was
taken, and the cost of cleaning the premises, or
repairing damages if any, shall e borne by such user
as determinedby the Maintenance Agency.
ix) No Apartment Owner/Resident shall park ix)
his/her/their car except at the place earmarke d to
his/her/them
x) No apartment owner/Resident shall put up any x)
hoarding, advertisement, notice or poster of any
kind, in or on the building, except at places as
designated for such purposes after due approval
from the management committee
xi) No Apartment Owner/Resident or any person xi)
connected with him/her/them, shall cause any
damage, whatsoever, to any asset of the
Association. In the event of so doing, the full c ost
of repairing/ replacement of suchdamage shall be
borne by the Apartment Owner/Resident
xii) No Apartment Owner/Resident shall, under any xii)
circumstances, threaten, abuse, reprimand, assault
or in any way take up with the staff employe d by
the Association/ Maintenance Agency, but may
report any misbehavior, or neglect of duty by them
to the Management Committee/ Maintenance
Agency
xiii) The Management Committee may request the xiii)
Apartment Owners/Residents to desist from
keeping a pet if there are reasonable complaints
from the residents against it. Dogs should always
be on a leash while using the common areas and
facilities of the Project. The pets should be
immunized regularly and the reports should be
given to the manager of the building or the
Management Committee.
xiv) Any Apartment Owner who fails to pay for two xiv)
months, or more, any amounts due to the
25 | P a g e
Maintenance Agency/Association, shall be deemed
a “Defaulting Member”, and shall be bar r ed fr om Delete (Shifted 26 xvii)
voting, or standing for election to Management
Committee
27 TERMINATION OF MEMBERSHIP 27 TERMINATION OF MEMBERSHIP
a) The Management Committee may terminate a)
the membership of any member in case of :
i) Any action (s) by any Member and/or its i) to iv) No Change
agent which are against the larger inter est
of Association. v) Any member removedfrom the membership by the
ii) Non-Payment of amount due towards the Management Committee shall have the right to appealto
Association/service agency/ service the General Bodyand its decisions would be final and
company for a continuous period of 2(two) binding on all concerned
months by any member; or
i) Found guilty of any criminal offence; or
iv) Any other misconduct whichis considered to
be against the interest of other Members
or Sabotages, damages the common A re a,
property or the unit of any other
Member(s).
28 ACCOUNTS: 28. a) No Change
a) The Treasurer shall keep proper books of b) The accounts of the association for eachfinancial ye ar
accounts of all income and expenditur e of the ending March 31st shall be audited by an accredited
Organisation and shall prepare income and CharteredAccountant appointedby the Association .The
expenditure account and balance sheet as on remunerationfor the auditor and his tenure wouldbe fixed
31st day of March every succeeding English at the General Body Meeting. MC can also fix the
Calendar Year. remunerationif not done in AGM and get it ratified in the
b) The accounts of everyyear shall be audited by a subsequent AGM2
Chartered Account of firm of Chartered c) Open one or more account/s in any nationalized or
Accountants. scheduled banks in the name of the Association. The Bank
c) Open one or more bank account/s in any accounts shall be operated by the Treasurer jointly e ithe r
nationalized or scheduled banks in the name of with President or Secretaryof the Association
the Association. The Bank accounts shall be d) The MC is fully authorizedand empowered to spend and
operated jointly by the President and the invest the funds in line with the objects of the Association
Secretary of the Association and no portion shall be distributed to any of the office
bearers or members of the association in any manner
whatsoever by way of interest, profit or dividendetc
29 PUBLICATION OF ACCOUNTS ANDREPORTS 29.
a) The financial year of the Association shall be
from 1 of April to 31st March. A copy of the No Change
last financial statement and the report of the
Auditor, if any, shall be kept in a conspicuous
place in the Office of the Association.
30 REGULATIONS, RULES, AND ADMINISTRATIVE 30. REGULATIONS, RULES, AND ADMINISTRATIVE
PROCEDURE PROCEDURE
a) The Association shall frame rules, regulations
and procedures for the administration of
Apartments, commonareasand facilities of the
Project as well as frame guidelines of
restrictions and measures designed to pr event
the unreasonable and improper use of common Delete Shifted15 m)
areas and facilities of the Project which will
interfere with the peaceful occupation of units
by respective Owners/Residents c onducive to
day to day living environment. Such measures/
restrictions shall be implemented within a
26 | P a g e
reasonable time.
31 AMENDMENT OF BYELAWS 31. AMENEDMENT OF BYE LAWS
a) These Byelaws may be amended by the a) The Bye laws may be amended by the association in the
Association in a duly constitutedExtra Ordinary normal course of business in the annual AGM conducte d.
General Meeting by way of Extra Ordinary In such case, the specialresolution to amend the Bye laws
Resolution for such purpose. must be passed by simple majority of the members
present in the AGM as per the Association records.
b)The Bye Laws may also be amended by the Associationin
a duly constitutedExtra Ordinary General meeting by way
of Extra ordinary resolution for the purpose
32. GENERAL 32. GENERAL
A) EXHIBITION OF REGISTERS
i) Association should obtaina copy of the following from the
builder/developer and keep it in the office for reference by
members on a written request
1) Copy of all the parent documents in respect of land
pertaining to the entire project.
2) Copy of the Building plan together with approvals fr om
the competent authorityrelating to various phase s in the
Project
3)Plumbing and electrical diagrams of all the phases and
common areas
4) Copy of the agreement with Villa Viviana in r e spect of
sharing of expenses of common facilities and electricity
charges
5) Contact details with email and mobile numbers of all the
owners in the Shubham Complex
6) Any other information/detail as may be requiredby the
Association from time to time
ii) The Members Register, Minutes Book, Annual returns,
Assets register and bookof accounts shall be ke pt at the
Association office for exhibition/inspection by its members
and at during the prescribedtime shall be free of c ost by
giving a requisition in writing to the secretary of the
association
B) MISCELLANEOUS
i) There will be one social media basedlegal communication
tool with only members of the association. Tenants and
those who have not been given the possession of the
apartments cannot become members of the group.
Administrator selected by the MC will be in charge of the
group and all information regarding maintenance and the
initiatives taken by the MC on the grievances will be
communicated
ii) Separate groups for the residents may be operatedwhere
all the residents including tenants can become member
and communicate within themselves
27 | P a g e
iii) The purpose of having suchinstant messaging platforms is
to communicate informally among the residents to
promote harmony, camaraderie and a sense of belonging
to a community. Hence members / residents shoulduse a
language that is appropriate for building such a cordial
atmosphere and desist from posting messages that are
derogatory, demeaning or causing mental anguish to other
members / residents
iv) Complaints in respect of individual flats can be registe red
with the Service agency’s help deskand can be followed up
directly by the owner of the apartment with the service
agency. For the convenience of the seniors, such
complaints must also be accepted on mail or telephone.
The Maintenance agency has a SLA and escalation
procedure. If the issue remainsunresolved evenafter that
the MC will take up the issue till it is resolved. Any
complaint regarding the services in common areas and
facilities should be brought to the notice of the
Management committee or its members which will be
taken by MC with the authorities concerned imme diately
for early compliance, but not later than 24 hours.
Periodical updates about such complaints would be
communicatedto members
v) AFFILIATION
Should there be any established Federation, or Association
of Apartment Owners, the Associationmay, if it is
consideredto be in the interests of the Owners to do so,
become a member thereof, and pay the membership/
entrance fees from time to time, payable to such
Federation/ Association under the rules thereof.
vi) NOTICE TO THE ASSOCIATION:
Any Owner, who mortgageshis/her/their Apartment, shall
notify the Association, through the President of the MC,
the name and address of his’s/her’s/their’s mortgagee and
the Association shall maintain such information. In the
book entitled “Mortgages of Apartment”. The mortgager
shall pay all dues to the Association Before effecting the
mortgage, failing which, the services of the Association
shall not be made available to the mortgagee.
vii) NOTICE OF UNPAID ASSESSMENTS:
The Association, shall, at the request of a mortgagee of an
Apartment, report any unpaid assessment due from the
Owner of such an Apartment. The mortgagor shall pay all
such dues to the Association, BEFORE affecting the
mortgage, as aforesaid.
viii) COMPLIANCE:
The Bye-laws are set forth to comply with the
requirements of the Tamil Nadu Apartment Ownership Act,
1994. In case, any of these Bye-Laws conflict with the
provisions of the said Act, it is agreed, and ac c epte d that
the provisions of the said Act shall prevail. In c ase of any
disputes, jurisdictionshall be the courts of Chennai, in the
state of Tamilnadu, India.
28 | P a g e
ix) SEAL OF THE ASSOCIATION:
The Association shall have a “Common Seal”, which shall
be in the custody of the Secretaryand shall be used only
under the authority of a resolutionof the MC, and e ve ry
deed, or instrument, to which the seal is affixed shall be
attested, for or on behalf of the Association, by the
Secretary and two other Office Bearers of MC. All the
agreements entered into by the Associationwith var ious
agencies should have the seal of the association.
x) INDEMNITY:
All the MC members of the Association (whether past or
present) shall be indemnifiedand hold harmless against all
liabilities for their actions, inactions done in the best
interest of the Association and the Owners. In case any
legal proceedings are initiatedagainst them in their official
capacity (past or present) the Association shall bear all
legal expenses for defending them, provided the MC
member(s) is/are not guilty of grossnegligenc e or willful
misconduct in the performance of their official duties.
xi) A. DISCIPLINARY COMMITTEE:
1. The Managing Committee shall appoint a disciplinary
committee consisting of 2 MC members and 3 non-MC
members who shall form and shall act as the
disciplinary committee to look into various needs of
association, they may from time to time appoint
additional enquiry committees as and when necessary.
2. The President shall headthis committee.
3. The Committee shall look into complaints received
from Owners as well as Managing Committee
Members. The Disciplinary Committee shall have the
power to issue notices to affected parties. The
DisciplinaryCommittee can also summonwitnesses to
depose before it. The affected parties shall be given
ample opportunity to put their case before the
Disciplinary Committee.
4. The orders passed by the Disciplinary Committee c an
be appealed against either at the next the General Body
Meeting or Special General Meeting. The decision of
the General Bodywill be final and binding
xii) DISPUTES AND ARBITRATION
In The event of breachof the terms of this Bye -Laws
Agreement or in the event of any differences or
disputes arising between the partiesin regard to this
Bye-laws Agreement or any matter relating thereto,he
same shall be referred to a sole Arbitrator to be
appointed by the Association and his award shall be
final and binding on the partiesheretoand Arbitration
shall be as per the Provisions of the Arbitration &
Conciliation Act in force. The Arbitration shall be
conducted in English Language and the place of
29 | P a g e
Arbitration shall be in Chengalpattu/Chennai. The
courts at Chengalpattu/Chennai alone shall have
jurisdiction in all matters relating to this Bye Laws
Agreement.
AMALGAMATION
a) The Associationmay, with the prior approval of the
Registrar, by special resolution in General Meeting,
become amalgamatedwith another society or divided
itself into 2 or more societies. Such amalgamations or
divisions shall have effect only upon suchnew society
or societies being dulyregistered
DISSOLUTION
The Association shall not be dissolved unless its
dissolution is decided upon through a resolution
passed at the Extra ordinary General Body meeting
specificallyconvened for the purpose by a majority of
no less than 3/4th of such members entitledto vote as
are present or by proxy and a simple majority of the
total membership. If upon dissolution, the funds and
properties of the association, if any, after meeting its
liabilities, shall not be distributed amongits membe rs
but shall be transferredto any other societies having
similar objects and nature
30 | P a g e