WE
THE
NAKSHATRA GALAXY
HAND BOOK 2021
(Bye-Laws and Life Members Data)
Nakshatra Galaxy Villa Owners Association
(Reg. No. TVM/TC/389/2020)
Society Junction, Powdikonam
Thiruvananthapuram - 695 588
WE THE NAKSHATRA GALAXY
HAND BOOK 2021
(Bye-Laws and Life Members Data)
Published by
Nakshatra Galaxy Villa Owners Association
Society Junction, Powdikonam
Thiruvananthapuram-695588
E-mail: [email protected]
Compiled & Edited by
Sunil Kumar Gopi
T N Chandrasekharan Nair
Sajeev M S
April 2021
From the President, NGVOA
Dear Members,
We have great pleasure in bringing out the “Hand Book 2021”
which includes the Life Members Data and Bye-Laws of the
Nakshatra Galaxy Villa Owners Association. This hand book would
be of great use to our members as it includes the contact
information of the fellow Villa owners. The NGVOA, being a
registered society under the Travancore-Cochin Literary, Scientific
and Charitable Societies Act 1955, we are bound to act as per the
approved bye-laws. In this context, the knowledge on the various
clauses of the bye-laws will be of immense use to our members
and also for the proper day to day functioning of the Association.
I take this opportunity to thank all the members for their
contribution towards this Directory.
(T N Chandrasekharan Nair)
NGVOA EXECUTIVE COMMITTEE MEMBERS
2020 - 21
Sl Name Designation Address
No.
President Villa No.01
01 Mr. T.N. Chandrasekharan Nair Secretary Villa No.60
Treasurer Villa No.65
02 Mr. Sajeev M.S. Vice President Villa No.40
Joint Secretary Villa No.16
03 Mr. Pratheesh Kumar K Member Villa No.38
Member Villa No.44
04 Mr. K. Ravi Kumar
05 Mr. Premkumar. K.
06 *Mr. K.J. George
(upto November 2020)
*Mr. Sanjeev P.S
(from 1st March 2021)
07 Mr. Tom Tomsan Thomas Member Villa No.53
Member Villa No.34
08 Mr. Shiju Abraham Member Villa No.12
Member Villa No.37B
09 Mr. J. Sreekumar Member Villa No.67
Member Villa No. 19
10 Mr. Sunil Kumar Gopi
Member Villa No.31
11 Mrs. Elizabeth Fen
12. * Mrs. Shirley Thomas
(upto September 2020)
* Mrs. Shiji V
(from 1 October 2020)
13 Mrs. Kavitha Santhosh Member Villa No.27
Member Villa No.46
14 Mrs. Biji Murali
N GV OA
Memorandum of Association
1
NGVOA
MEMORANDUM OF ASSOCIATION
1. Name
NAKSHATRA GALAXY VILLA OWNERS ASSOCIATION
2. Registered Office and Address
Club House, Nakshatra Galaxy Villa
Society Junction, Powdikonam P.O
Thiruvananthapuram - 695588
3. Area of Operation
Sree Nakshatra Galaxy Villa Project at Society Junction,
Powdikonam P.O, Thiruvananthapuram-695588.
4. Objectives / Aims
a) To establish and maintain unity and brotherhood among its
members and to work for the Social and Cultural welfare
of its members.
b) To establish reading room, library, study classes and to
provide periodicals and journals for the literary welfare of
its members.
c) To work for the welfare of the country and for the overall
welfare of the poor classes of the community.
d) To conduct Yoga classes for the promotion and
preservation of the health of its members and to organize
scientific study classes and to establish research institutions.
e) To carry out medical camps and seminars for the
improvement of the health of the local community and
promoting activities for reducing the pollution.
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f) To run daycare Centers and Kindergartens.
g) To take over the maintenance of all the common areas and
properties of Nakshatra Galaxy Villa project at Society
Junction, Powdikonam. Thiruvananthapuram, including
land, spaces, compounds, walls and fences, buildings,
roads, electrical installations, lights and fittings, water
sources, water tanks, water supply connections, pumps
and motors, ditches, drains, drainage, septic tanks and
sewage system, garden, plant boxes, potted plants, parking
area, landscaped area, swimming pool, children’s play
equipment, all other assets, properties and common
privileges, rights, easements, advantages, appurtenances,
facilitiesand conveniences of whatsoever in nature existing
and to be added in future pertaining to the Nakshatra Galaxy
Villa Project as defined under the bye-laws of Nakshatra
Galaxy Villa Owner’sAssociation and as provided in the
bye-laws or as decided by the Managing Committee. The
maintenance of the defined common properties shall
include payment of common water and electricity charges,
security cover and charges, maintenance and running of
STP, Swimming pool, Club house, Gym, Day care Centre
and all overhead expenses incurred for this purpose.
h) To represent the members of the association on all matters
pertaining to the common properties of the villas including
registration of the undivided common area share of the
aforesaid owners of Villas.
i) To negotiate, carry out litigation and settle any matters
affecting the common rights and properties of the owners
of Nakshatra Galaxy Villa.
j) To establish and maintain, run, raise, realize, develop,
impose, extend and grant donations to internal
organizations, for the maintenance and running of existing
common spaces in Nakshatra Galaxy Villa Project.
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k) To establish and carry on its own account or jointly with
individuals or institutions, educational, physical, social,
cultural, recreational, medical and public health activities.
l) To collect the maintenance charges, special funds and any
other charges, as approved by the General Body from the
villa owners, to meet the Common Expenses of the
Association towards the maintenance, up-keep and
renovation of the common property, equipment,
appurtenances and premises and to carry out other
approved items of work and activities.
m) To receive money, grants, donations etc. and to carry on
its own account in accordance with the Objectives of the
Association and such other objectives as amended, altered
and added from time to time by resolutions passed by the
General Body.
n) To provide special amenities to the members of the
association subject to the Bye-laws of the Association.
o) To lay out any lands as may be acquired by theAssociation
into parks, playgrounds, club house and other special
amenities.
p) To construct or cause to be constructed, buildings or other
works of common utility to the Association including
additions that may be approved by the General Body of
the Association.
q) To carry out any other items of work relating to Nakshatra
Galaxy Villa, which may be included in accordance with a
resolution to be passed by the General Body Meeting of
the Association.
r) To do all such other acts and things which are or may be
deemed incidental, ancillary, and/or conducive to the
attainment of all or any of its objectives. And it is hereby
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declared that, in forgoing clauses, the intention is that the
objectives specified in each paragraph, except where
otherwise specified, be independent main objectives and
shall in no way be limited or restricted by reference to or
reference from the terms of any other paragraph
Declaration
a) We, the several persons who own the Villas in Nakshatra Galaxy
Villas and whose names and address are given below, having
Associated ourselves for the purpose described in the
Memorandum of Association, set and form ourselves into an
Association under the provision of the Travancore - Cochin
Literary, Scientific and Charitable Societies Act, 1955 by duly
executing a Declaration on this day 20-06-2020 at Powdikonam,
Thiruvananthapuram.
b) In accordance with the decision taken in the General Body
Meeting of Nakshatra Galaxy Villa OwnersAssociation held on
20-06-2020, the meeting has unanimously nominated the following
office Bearers and Managing Committee members for the purpose
of registering the Association and to execute and register the
Declaration with theAppropriateAuthority.
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01 Mr. T.N. Chandrasekharan Nair
President
Villa No.1, Nakshatra Galaxy
Society Junction, Powdikonam P.O.
Thiruvananthapuram - 695588
02 Mr. Sajeev M.S.
Secretary
Villa No.60, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
03 Mr. Pratheesh Kumar K
Treasurer
Villa No.65, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
04 Mr. K. Ravi Kumar
Vice President
Villa No.40, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
05 Mr. Premkumar. K.
Joint Secretary
Villa No.16, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
06 Mr. K.J. George (Upto November 2020)
Committee Member
Villa No.38, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
6
Mr. Sanjeev P.S (from 1 March 2021)
Committee Member
Villa No.44, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
07 Mr. Tom Tomsan Thomas
Committee Member
Villa No.53, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
08 Mr. ShijuAbraham
Committee Member
Villa No.34, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram – 695588
09 Mr. J. Sreekumar
Committee Member
Villa No.12, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
10 Mr. Sunil Kumar Gopi
Committee Member
Villa No.37B, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
11 Mrs. Elizabeth Fen
Committee Member
Villa No.67, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
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12 Mrs. Shirley Thomas (Upto September 2020)
Committee Member
Villa No.19, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
Mrs. Shiji V (from 1 October 2020)
Committee Member
Villa No.31, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
13 Mrs. Kavitha Santhosh
Committee Member
Villa No.27, Nakshatra Galaxy
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
14 Mrs. Biji Murali
Committee Member
Villa No.46, Nakshatra Galaxy,
Society Junction, Powdikonam.P.O.
Thiruvananthapuram - 695588
8
9
N GV OA
Bye - Laws
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11
NGVOA
Bye-Laws
A. These Bye-laws shall be known as the bye-laws of:
NAKSHATRA GALAXY VILLAOWNERS
ASSOCIATION (NGVOA)
B. DEFINITIONS:
1. “Act” means the Travancore-Cochin Literary, Scientific and
Charitable Societies Act (TCL&SCS), 1955.
2. “Association” means the Nakshatra Galaxy Villas Owners
Association, Powdikonam.
3. “Associate member” means any person who is not an Owner,
but is the member of the owners’ family, wholly residing,
occupying, or otherwise in lawful possession of any villas in the
project.Associate Member shall have no voting rights whatsoever.
4. “Building” means aVilla and associated buildings viz., club house,
day care, STP, security cabin, pump house, swimming pool, etc.
5. “Bye-Laws” means the Bye - Laws of the Association.
6. “CommonAreas and Facilities” unless otherwise provided in the
Declaration or lawful amendments thereto, means:
(a) roads lying in front of the villas inside the Villa Complex.
(b) land, spaces, electrical installations, lights and fittings, wells, water
tanks, water supply connections, pumps and motors, fire-fighting
installations and equipment, ditches, drains and drainage, septic
tanks and sewage system, switch boards, garden, plant-boxes,
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potted plants, parking area and premises, and all other assets,
properties and rights, existing and to be added in future, including
the common area and club area, the day care and meeting hall
area, the playground area, badminton court and swimming pool.
(c) yards, gardens, parking areas, storage spaces and access roads.
(d) the premises for the lodging of persons employed for the
management of the property.
(e) tanks, pumps, motors, fans, generators, compressors, and in
general, all apparatus and installations, provided for common
use.
(f) all other parts of the property necessary or convenient to its
existence, maintenance, and safety, or normally in common use.
7. “Common Expenses” means:
(a) expenses of administration, maintenance and repair, renovation
or replacement of the CommonAreas and Facilities.
(b) expenses agreed upon as Common Expenses by the General
Body of theAssociation.
(c) expenses declared as Common Expenses by the provisions of
the Act or by the Declaration or the Rules and Bye - Laws.
8. “Competent Authority” means the persons authorized by the
Government, by notification in the Gazette, to perform the
functions of the competent authority, for such areas as may be
specified in the notification.
9. “Declaration” means the instrument by which the property is
submitted to the provision of theAct as hereinafter provided and
such declaration as lawfully amended from time to time.
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10. “Deed of Villa” means a deed of Villa executed by villa owners
as provided in the Act
11. “Joint Secretary” means a member of the Association duly
elected as the Joint Secretary by the General Body, on an
honorary basis.
12. “Majority or Majority of Villa Owners” means the Villa Owners
with fifty one percent or more of the votes polled in any assembly
of Members.
13. “Managing Committee” means the committee duly elected by
the members of the Nakshatra Galaxy Villa OwnersAssociation,
and having strength of 14 members, inclusive of 5 office bearers,
listed and defined below, and 2 ex-officio members.
14. “Member” means a person, having been admitted in the
Association according to the rules and regulations, who shall have
paid a subscription. The member shall be an Owner / Owners of
the villa or his / her designated spouse or a guardian (incase the
owner is a minor) or a nominee, or an employee (in the case of
an institution) who is above 18 years of age. The owner shall
make such designation / nomination in writing and have it
approved by the President of theAssociation. In all proceedings
under thisAct, no person shall be entitled to vote or to be counted
as a member, whose subscription at the time shall have been in
arrear for a period exceeding three months.
15. “Prescribed” means prescribe by Rules framed under the Act.
16. “President” means a member of theAssociation duly elected as
the President by the General Body, on an honorary basis.
17. “Property”meansland,buildings,improvementsandthestructures
thereon, all owned in freehold or held on lease or as occupant
under any law for the time being in force and all easement rights
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and appurtenances belonging there to and all articles of personal
property intended for use in connection therewith, which have
been or are intended to be submitted to the provisions of the
Act.
18. “State” means the State of Kerala.
19. “Secretary” means a member of the association duly elected as
the Secretary by the General Body, on honorary basis.
20. “Treasurer” means a member of theAssociation duly elected as
the Treasurer by the General Body, on an honorary basis.
21. “Vice President” means a member of the Association duly
elected as the Vice President by the General Body on an honorary
basis.
22. “Villa” means an independent building, intended to be used for
residential purpose.
23. “Villa owner” / “Owners” means the person or persons or
institutions owning a villa and having an undivided interest in the
common areas and facilities of Nakshatra Galaxy Villa complex.
Owner shall have full voting rights, provided that such rights are
exercised by only one person in respect of a villa jointly owned
by more than one person. In the latter event, the voting right shall
be exercised by the persons whose name stands first in the
Declaration, unless otherwise authorized by the other Owner/
Owners of the said Villas
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C. PROVISIONS (CLAUSES) OFTHE BYE-LAWS
1. Name: NAKSHATRA GALAXY VILLAOWNERS
ASSOCIATION
2. Registered Office and Address:
Club House, Nakshatra Galaxy Villas
Society Junction, Powdikonam P.O.,
Thiruvananthapuram - 695588.
3. Area of Operation
Sree Nakshatra Galaxy Villa Project at Society Junction,
Powdikonam P.O, Thiruvananthapuram-695588.
4. Objectives / Aims
Objectives of theAssociation shall be to maintain all the common
properties and the buildings and appurtenances of Nakshatra
Galaxy Villas Complex and to carry out all associated activities
set out in the Objectives of theAssociation in the Memorandum
of theAssociation.
5. Furtherance of Activities
The General Body of the association shall chalk out the policies
and courses of action from time to time, for the progress and
financial standing of theAssociation. The Managing Committee
shall put them into execution, through their officials.
6. Tenure of Office
The tenure of office of the members of the Managing Committee
shall be for a period of two years.
7. Litigation
The President shall be the person who will sue and be sued for
and on behalf of theAssociation.
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8. Responsibilities
The Managing Committee shall be responsible for carrying out
the maintenance and repair, renovation or replacement of the
common areas, facilities and to carry out any other item of work,
services and facilities which are duly authorized by a resolution
passed by the General Body of the Association.
9. Enrolment of Members / Voting Rights / Proxies etc.
(i) The owners of all the Villas shall compulsorily be members of
the Association. In case of sale or transfer of ownership of a
Villa, the membership of theAssociation shall be deemed to have
been automatically transferred from the seller / transferor to the
purchaser / transferee.All the owners or their spouses / guardians
/ nominees who have been duly designated by the owners to
represent them as provided in the Bye-Laws shall together
constitute the General Body of theAssociation.
(ii) Each member shall have one (1) vote.Amember, who is in arrears
of payment of dues to theAssociation for 3 months consecutively,
shall have no right to vote in any meeting. If a villa is owned by
more than one person, only one member from a villa shall exercise
the vote in a meeting.
(iii) Any member having valid right to vote may appoint any person
as his / her proxy. Such appointment of proxy shall be in writing
addressed to the President of theAssociation on each individual
occasion.Amember who is in default of payment monthly / yearly-
subscriptions, even after the expiry of three months from the due
date shall have no right to vote in any meeting / stand for election
for Office Bearers / Managing Committee of the association.
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10. Status of Villas, Common Areas and Facilities
a. All Villas shall be used only for residential purposes.
b. The common areas and facilities shall remain undivided, and no
villa owner or any other person shall bring any action for partition
or division of any part thereof, unless the property has been
excluded from the provisions of the act as provided in its Section
14 or unless the property is subject to an action for partition
under Section 22 ofAct, and any covenant, to the contrary shall
be null and void.
c. Each Villa owner may use the common areas and facilities in
accordance with the purpose for which they are intended without
hindering or encroaching upon the lawful rights of the other villa
owners.
d. The necessary work of maintenance, repair and replacement of
common areas and facilities and the making of any additions or
improvements there to shall be carried out only as provided in
the Act, and in the rules and Bye-Laws.
e. All the members are bound to abide by the decisions taken at the
General Body meeting regarding the use and maintenance of
common areas and facilities.
11. Membership Fees
A membership fees of Rs.30,000/- (Rupees Thirty Thousand
only) collected from each villa Owner by theAssociation and the
fund received from the Sree Nakshatra Projects and Developers
India Pvt. Ltd, (Developer) as per theAGREEMENT OF LAND
ASSIGNMENT, DEVELOPMENT & CONSTRUCTION
entered between the Villa Owners and the Developer, shall form
the Corpus Fund of the Association.
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The Membership fees liability shall always be the liabilities of all
the members. The corpus fund may be increased from time to
time, as decided by the Managing Committee and approved by
the General Body meeting, by transfer from income created by
the investment of the corpus fund and or from other reserves.
12. Monthly Maintenance Charges
a) Every owner shall pay a monthly maintenance charge of Rs.2,000/
- (Two Thousand Rupees only) to the Association, to carry out
the maintenance and repairs of common areas and facilities, for
arranging services such as security,AMCs of equipment, capital
expenditure, payment of statutory charges, etc. This rate may be
amended by the General Body from time to time. The total
expenses shall be shared equally among all the villa owners.
Monthly maintenance charges shall be paid on or before 7th day
of the month concerned.
b) The Managing Committee may review the monthly maintenance
charges every year with due consideration of the actual incomes
and expenditures of theAssociation in the previous years and if
found necessary revise, with the approval of the General Body,
the monthly maintenance charges to ensure the financial soundness
and smooth functioning of theAssociation.
13. Special Funds
For the purpose of carrying out major repairs, renovation and
replacement of the buildings, equipment and other assets in the
Nakshatra Galaxy Villa Complex, the General Body by separate
resolution may authorize the Managing Committee to collect
special funds from the owners of all the villas. Every Owner shall
pay the collections for such special funds at such rates and such
intervals of payments as may be determined by resolutions of
the General Body from time to time. The money collected for
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such special funds shall be separately banked and shall be drawn
upon only by specific decisions of the Managing Committee
subject to ratification by the General Body in its succeeding
meeting.
14. Liabilities for Common Expenses
a) The liability of the monthly maintenance charge, special funds
and any other charges as fixed by the General Body of the
Association shall at all times be the liability of the Owners of the
Villas.
b) All owners shall promptly pay the installments of Maintenance
Charges, Special Funds and all other charges fixed by the General
Body of the Association. If any Owner is in arrears for THREE
instalments of payments / defaulted payments for THREE months
consecutively of any such charges, he / she will be denied the
CommonAmenities to his / her Villa until the arrears are cleared.
Revenue recovery procedure shall be initiated against defaulters
through legal means as and when necessary.
15. Duties and Responsibilities of the President
(a) The President shall have a general control over all the affairs of
theAssociation and shall be the person who will sue and be sued
for and on behalf of the Association.
(b) He / She shall preside over all the meetings of the Managing
Committee meetings as well as the General Body.
(c) In case of emergency, he / she shall convene special meetings of
the Managing Committee / General Body by giving notice which
may be less than seven days and twenty one days, respectively
but shall not in any case be less than two clear days.
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(d) All resolutions passed by the meeting of the Managing Committee
as well as of the General Body, shall be signed by the President.
He / She shall also sign in the minutes book of the meetings held
by the Managing Committee and the General Body.
(e) The President, as Chief Executive of the Association, has the
authority to take immediate action in an Emergency, such as fire
/ burglary / an assault in the colony, by calling the appropriate
authority. Anyone who comes to know of such incident must
report it to the President immediately. The President will inform
the Managing Committee at the earliest available opportunity of
such incident, and action taken, for follow up, if necessary.
16. Duties and Responsibilities of the Vice President
The Vice President shall assist the President in the discharge of
his / her duties and take his / her place in his / her absence or on
his / her request and then he / she shall exercise all the powers of
the President.
17. Duties and Responsibilities of the Secretary
(a) The Secretary shall be responsible for the executive administration
of the affairs of the Association subject to the overall control of
the Managing Committee.
(b) The Secretary shall act against members who violate the rules
and bye-laws of the association, with the approval of the President
or Managing Committee and the General Body.
(c) The Secretary shall be the disciplinary authority in respect of the
employees as per the decisions of Managing Committee.
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(d) He / She shall have the power to convene the meetings of the
Managing Committee and the General Body giving notice of 7
days and 21 days, respectively. The Secretary shall convene the
Managing Committee meeting once in a month.
(e) A minutes book shall be maintained by the Secretary for recording
the proceedings of the Managing Committee and General Body
Meetings.
(f) The Secretary shall have the powers to regulate the use of
Common Areas and Facilities including open spaces, external
compound walls, water tanks, sign boards, keeping in view the
common interest of the members.
(g) The Secretary shall be responsible for carrying out the decisions
taken at the Managing Committee meetings.
(h) He / She shall have the power to incur unforeseen / expenses up
to Rs.1,000/- at a time. He / She shall have the power to incur
unforeseen expenses not exceeding Rs.5,000/- in a month with
the approval of the President, subject to ratification by the
Managing Committee at its next meeting.Any expenditure over
Rs.5,000/- shall have prior approval of the Managing Committee.
(i) The Secretary on behalf of the Managing Committee shall be
responsible for collecting from the Villa Owners the maintenance
charges, special funds or any other charges forming common
expenses as authorized by the General Body.
(j) The Secretary shall ensure that all expenses incurred for the
maintenance and other works relating to the common areas shall
be supported by the resolution passed by the Managing
Committee.
(k) The Secretary shall support theTreasurer in all the financial matters
of the Association as and when required.
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(l) All amounts collected shall be remitted to one or more Bank
Accounts in Scheduled Banks to be decided by the Managing
Committee and all expenditure exceeding Rs. 1000/- shall be
met:
i) by cheques, which must be signed by the Treasurer jointly with
any one among the President and Secretary.
ii) or through online bank transfer from the Association’s Bank
Account, if such banking facility is availed by theAssociation.All
bank transfer must be prepared online by the Treasurer as the
SystemAdministrator and approved online by the President jointly
with the Secretary.
(m) The Secretary shall be responsible for sending all reports to the
statutory authorities either annually or as called for from time to
time.
18. Duties and Responsibilities of the Joint Secretary
The Joint Secretary shall assist the Secretary in the discharge of
his / her duties and take his / her place in his / her absence or on
his / her request and then he / she shall exercise the powers of
the Secretary.
19. Duties and Responsibilities of the Treasurer
(a) The Treasurer shall have the custody of all the properties of the
Association, including the funds of theAssociation and shall be
empowered to operate the bank account in any scheduled bank
as decided by the Managing Committee and shall sign the cheque
jointly with the President / Secretary for incurring expenditure
relating to the day to day working of the Association.
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(b) The Treasurer acts as the System Administrator of the online
banking facility of the bank account, if availed by theAssociation.
Online bank transfer from theAssociation’s BankAccount must
be prepared online by the Treasurer and approved online by the
President jointly with the Secretary.
(c) The Treasurer shall maintain a petty cash in hand of not exceeding
Rs. 1000/-
(d) The Treasurer shall maintain proper account books signed by
him/her and shall produce the books to the Managing Committee
monthly and to the General Body every year. He / She is
responsible jointly with the Secretary for the proper maintenance
of accounts of theAssociation.
(e) The Treasurer shall be responsible for collecting the membership
fee, share of maintenance charges and other sums due as
authorized by the Managing Committee or the General Body,
from the members.
20. Duties and Responsibilities of the Managing Committee
(a) The General Body shall elect the honorary office bearers consisting
of President, Vice President, Secretary, Joint Secretary and
Treasurer and other committee members for its fourteen (14)
members Managing Committee (Two ex-officio + 12 elected).
The President, Vice President, Secretary, Joint Secretary and
Treasurer are the office bearers of this Association and also
members of the Managing Committee. The tenure of office of
the Managing Committee shall be for a period of two years and
shall be in office till the next election in the second succeeding
year is held to elect the Managing Committee. The quorum for
holding a meeting of the Managing Committee shall be Seven
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(7). There shall ordinarily be one committee meeting held in each
month. In any case, the interval between any two meetings shall
not exceed 45 days.
(b) Notice of all meetings of the Managing Committee along with the
agenda shall be put up on theAssociation’s notice board at least
3 days before each meeting. Other members of the Association
may, by invitation, attend the meetings of the Managing Committee
as observes without the right to vote. They may put forth any
views or speak on any item with the permission of the Chair.
(c) All members of theAssociation who have completed 18 years of
age and without having outstanding monthly maintenance fees
dues of more than 3 months, shall have the power to elect the
members to the Managing Committee.
(d) The election of the Managing Committee will be held once in
two years, and the members of the Association who have
completed the age of 18 shall be eligible to contest the election
which shall ordinarily be held on the Second Sunday in June in
every two years. In the event of an extra ordinary situation, the
election day may, however, be fixed on any succeeding public
holiday, based on a resolution of the Managing Committee. A
newly elected Managing Committee and Office Bearers shall
assume charge within one month from the date of their election.
(e) The Managing Committee shall be responsible for the collection
of monthly maintenance charges and other payments of common
expenses from the owners on the basis of rates / instalments,
proposed by the Managing Committee and approved by the
General Body. The Managing Committee shall also have the
power to act against defaulting owners as provided in the Bye-
Laws of theAssociation.
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(f) In the event of allegations of serious misconduct raised against
an office bearer or member of the Managing Committee or in the
event of an Office Bearer, who after accepting the duties assigned
to him / her fails to carry them out satisfactorily, he / she shall be
removed from the position by the majority decision of the General
Body of theAssociation.
(g) The Managing Committee shall, in such cases of misconduct,
conduct an inquiry giving the person concerned an opportunity
to show cause as to why such action should not be taken against
him / her. The report of such inquiry shall be the basis on which
the General Body of theAssociation takes a decision in the matter.
(h) ThetotalnumberofManagingCommitteemembersshallbelimited
to 14 inclusive of office bearers and Ex-officio members, if any.
To create a vibrant community in the Nakshatra Galaxy Villas,
Association has decided to give representation from different
age groups and genders in its Managing Committee. Two women,
two youngsters of age between 18 and 30 and two Senior citizens
above 60-years old shall be part of the Managing Committee.
As far as possible, all Managing Committee members are to be
elected from among the members normally residing at the
Nakshatra Galaxy Villas. In case, there are not enough eligible
and willing Members from any of the above mentioned categories,
such Managing Committee Members can be elected from the
General category and the ultimate authority in all matters relating
to the election of Managing committee members shall vest in the
General Body.
(i) In the case of vacancy in the Managing Committee, the other
office bearers and members of the Managing Committee may
co-opt any eligible member of the Association as a member or
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office bearer of the Managing Committee for the rest of the tenure
of the Managing Committee to be ratified by the General Body
at the earliest available opportunity.
(j) In order to involve more members in the management of
Nakshatra Galaxy Villa Owners Association, the tenure of the
office of President and Secretary shall be limited to two terms of
two year (i.e. Four years), with retrospective effect.
(k) The Immediate Past President and Secretary shall become ex-
officio members of the Managing Committee for one (1) term
following their tenure of office in addition to the TWELVE (12)
elected members of the Managing Committee so that their
experience and expertise may be available to the new committee
and theAssociation in general.
21. Rights and Responsibilities of Owners / Members /
Associate Member
(a) An Owner who stays away from Powdikonam or is otherwise
handicapped may designate his / her spouse, a guardian (in case
the owner is a minor), a nominee (a relation), or an employee (in
the case of an institution) who is above 18 years of age to be the
member of theAssociation in lieu of the Owner himself / herself .
The Owner shall make such designation / nomination in writing
and have it approved by the President of the Association.
(b) All tenants occupying the villa must follow strictly the Bye - Laws
of theAssociation.
(c) An Owner shall have the right to vote at the General Body meeting
and shall have the right to elect the office bearers and the members
of the Managing Committee.An owner shall also have the right
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to nominate an Associate member for election to the Managing
Committee.
(d) An Owner is permitted to vote by proxy where such proxy is
arranged as provided in the Bye – Law.
(e) All Owners will co-operate to preserve and protect the general
architectural ambiance and aesthetics of Nakshatra Galaxy Villa
Complex. And hence the following will be binding on all the
owners:
(i) An Owner shall not alter the front elevation of the building and
premises without the prior approval of the Managing Committee.
(ii) An Owner shall not fix any advertisement or hoarding or any
such structure in the premises.
(iii) An Owner shall not alter the external boundary wall of Nakshatra
Galaxy Villas Compound by any means and shall not carry out
any works, which will affect the elevation of the compound as a
whole.
(f) A member shall not carry on any trade or business offensive in
nature or which may become in any way a nuisance or danger to
the owners of other premises or their successors in title or to the
occupants or owners of any neighboring property , or which
may depreciate the value of the other premises or on any other
part.
(g) An Owner shall give permission for all necessary support, vertical,
horizontal and lateral to the common walls of the premises, which
shall be maintained and repaired in common with the owners and
occupiers of other premises.
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(h) A Member / Associate Member / Tenant shall not obstruct any
right of light or air which may prejudice the free use of the other
premises.
(i) An Owner shall bear, jointly with other Owners of the Villas, all
common expenses including routine maintenance of pump sets,
sanitary and electrical lines common to all premises, replacement
of switches, bulbs, tubes and fittings in common areas, periodic
painting of the common areas including external side of the
external boundary wall and the common area buildings, water
charges, cleaning, the common lighting and running of pump sets
and other equipment and the cost of maintenance, major repairs
and replacements, when necessary of the structural, sanitary and
electrical system, pump sets, generators, swimming pool, STP
and other common facilities and equipment of the Villa Complex.
(j) All Members,Associate Members and Tenants shall co-operate
in keeping clean the common areas such as the front, rear and
side yards, foyer, stairways, open terrace, and other common
facilities.
(k) A Member / Associate Member / Tenant shall not throw debris
and waste or garbage or sanitary items from the balconies and
windows on to the open yard of neighboring compounds.
(l) A Member/Associate Member / Tenant shall show utmost
consideration not to disturb the peace of other residents by
restricting the noise made in his / her villa, particularly between
10 p.m. and 6 a.m.
(m) An Owner shall use all common areas and facilities in common
with the other villa owners and shall share the cost of repair and
maintenance of the same. TheAmenities such as swimming pool,
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wading pool, children’s play area, shuttle court, children park,
Day care, club house, etc. shall be meant for the common use of
Nakshatra Galaxy Villa Owners, Associate Members and
Tenants only. Each owner may use the common areas and
facilities in accordance with the purpose for which they are
intended, without hindering or encroaching upon lawful rights of
the other villa owners. Common areas shall not be used for keeping
or storing furniture, packages, potted plant, bicycles, toys or
personal effects of any description without the approval of the
Association. Common areas shall not be used for carrying out
personal works like carpentry, painting, upholstery, repairs to
appliances, drying clothes, sunning of food stuff, cleaning of rugs
etc.
(n) A Member / Associate Member / Tenant must ensure that their
visitor’s vehicles are parked at the visitors parking area only. He
/ She shall not park or permit to park any contract vehicles or
other medium / heavy public / private transport vehicles inside
Nakshatra Galaxy Villa compound.
(o) In case an Owner lets out his / her villa for rent:
i) He/She shall intimate the Managing Committee in writing.
ii) Further, he/she shall stipulate in the rent agreement with the tenant
that the tenant shall be bound by theAct as well as the Bye-laws
of theAssociation.
iii) No member shall otherwise transfer or rent out his/her villa for
any purpose other than residential.
iv) No Member shall rent out or lease out his/her villa on daily rental
basis.
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v) Members of villas, their tenants or occupiers shall, at all times,
ensure that the premises in their control are not used for illegal or
unauthorized purposes and they shall not disturb, in any manner,
the other occupants of Nakshatra Galaxy Villas.
(p) An Owner shall pay or arrange to pay the monthly common
expenses and other approved charges to the Association,
even if the Villa is rented out or locked up.
(q) The Managing Committee will have the right to refuse the benefit
of common facilities and services to Owner,Associate Members
and Tenants who willfully defaults the payment of common area
maintenance charges, special funds or any other charges
authorized by the General Body. Such power shall be exercised
only after giving the defaulting owner 15 days’ notice in writing
regarding the said default and if the owner fails to pay the arrears
within the 15 days. The Managing Committee shall have the right
to seek legal redress to recover the arrears byAttachment of the
property concerned, if necessary. The Owner / Tenant shall not
have any right to resist such action unless he / she has paid in full
the amount (s) due and the payment evidenced by official receipt
(s). In addition to the arrears, a default fee of 2% per month or
part thereof, on the amount in arrears, is also payable before the
restoration of amenities and access to common facilities.
(r) All sums assessed by theAssociation, but unpaid, as the share of
common expenses or special funds approved by the General
Body chargeable to any villa shall constitute a charge on such
villa and shall have priority over all other charges except only:
(i) Charges, if any, on the villa for payment of taxes due to the
Government or a local authority.
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(ii) All sums unpaid on a first mortgage of the villa.
(s) On sale of a villa, the purchaser of the villa shall be jointly and
severally liable with the seller for all unpaid assessments against
the seller for his / her share of the common expenses and arrears
up to the time of sale, without prejudice to the purchaser’s right
to recover from the seller the amount paid by the purchaser
thereof.Any such purchaser shall be entitled to a statement from
the Secretary or Managing Committee setting forth the amount
of the unpaid assessment against the seller. The sale deed shall
specifically provide that the purchaser would automatically
become a member of the Association and would ipso-facto be
governed by the Bye - Laws of the Association.
(t) Each Villa Owner shall comply strictly with the Bye-Laws and
with the rules and regulations adopted pursuant there to, and
with the covenants, conditions and restrictions set forth in the
Declaration and Deed to his villa. Failure to comply with any of
the same shall be a ground for an action to recover the sums, due
for damages or injunctive relief or both by the Secretary.
(u) No Villa Owner shall, without the previous consent of the
Association in writing, do any work which could:
i) Jeopardize the soundness or safety of the property, or
ii) Reduce the value of the property, or
iii) Impair any easement or hereditament or add any material structure
to his / her villa that will affect any other villa or excavate any
additional basement or cellar in the property.
(v) No Villa Owner shall be entitled to exempt himself from liability
for his contributions towards the common expenses or special
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funds by waiver of the use or enjoyment of any of the Common
Areas and Facilities or by abandonment of his villa.
(w) In case the Owner fails to subscribe to the Common Area
Maintenance Charges, the tenant will be bound to pay the same
so as to enjoy the common facilities.
(x) Donations / Contributions by Members / Associate Members
for common benefit of theAssociation will become the property
of the Association and the donors / contributors will not have
any further claim on such donations / contributions.
22. General Body Meetings
(a) All the members of the Nakshatra Galaxy Villa Owners
Association together constitute the General Body.
(b) The General Body meetings shall be held at any of the office
space of theAssociation or at such other places as the committee
may decide from time to time. Twenty-one (21) days clear notice
shall be given to the members before a General Body meeting is
convened.
(c) Annual General Body Meeting (AGM) shall be held on the
Second Sunday of June each year to approve theAnnual Report
and Accounts of the preceding year; and to appoint an Auditor
for the current year. The election of the Managing Committee
shall also be held in theAGM.
(d) The quorum for all General Body Meetings shall be 2/3rd or 40%
of the Members, whichever is the less. In the event of not having
a quorum, the meeting shall be postponed to a convenient date
and time, to be notified, and the requirement of a quorum will not
apply to such meetings.
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(e) Extra Ordinary General Body Meeting.
i) An Extra Ordinary General Body Meeting (EGM) may be called
by the President or Secretary giving reasons for such a meeting.
In cases of emergency, the President shall convene a special
meeting of the General Body, by giving notice which may be less
than twenty-one days but not less than two clear days, along
with reasons for calling such a meeting.
ii) It is mandatory for the President or Secretary or in their absence
for any member of the Managing Committee to call for an Extra
Ordinary General Body Meeting if demanded by not less than
2/3rd or 40% of the members (with voting rights) of the
Association in writing, giving reasons for calling such meeting.
The meeting should be called within 30 days from the date of
receipt of such notice.
iii) Not less than Twenty-one (21) days notice shall be given to
members before calling such a meeting.
(f) The President shall preside over the General Body Meeting. In
the absence of the President, the Vice President / Secretary shall
preside. If both are absent the members present, may choose a
Chairman from among themselves to preside over the Meeting.
Every issue can be decided unanimously or by voting among the
members present and the proxies.At the General Body meetings,
the voting power of each member and proxy shall be as per
Bye-Laws.
(g) Voting in the General Body meeting shall be by show of hands
or, if desired, by secret ballot. Proposals and resolutions put to
vote in the General Body shall ordinarily be passed by simple
majority of the members present. The ultimate authority in all
34
matters relating to the administration shall vest in the General
Body.
(h) President of theAssociation shall exercise his / her Casting vote
to resolve the deadlock if there is tie in General Body or Managing
Committee meetings.
(i) The following matters shall however be decided by 2/3rd majority
of the members present.
i. Amendment and repeal of the Memorandum and the Bye-Laws
of theAssociation.
ii. Disciplinary action to be taken against any Owner / Member
who violates the rules and Bye-Laws of the Association.
iii. Refixation of the monthly / quarterly / half yearly / yearly
maintenance, other charges, etc.
iv. Legal action, suits, etc. if considered necessary.
v. A matter referred to the General Body consequent to a notice
received from fifteen or members.
23. Resignation of the Office bearers of the Society
i) The President of the Society may resign his / her office as
President by a letter addressed to the Secretary of the Society:
ii) The Secretary or Treasurer of the Society may resign his / her
office as Secretary or Treasurer by a letter addressed to the
President of the Society.
iii) President / Secretary / Treasurer’s resignation will be effective
only after its acceptance and handing over the charge to the newly
elected President / Secretary / Treasurer, as the case may be.
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iv) The Committee may accept the resignation of the office of the
President / Secretary / Treasurer only after it is satisfied that the
President or as the case may be the Secretary or Treasurer of
the Society has brought up to date the work entrusted to him and
has produced the entire papers and property of the society, in
his possession, before the Committee.
v) In case, entire committee intends to resign, the resignation of the
committee shall be placed before the General Body and such
resignations shall be effective from the date of acceptance of
such resignations by the General Body. This fact of acceptance
of resignations of the entire Committee by the General Body,
shall be communicated to the Registrar by the outgoing officer’s
and Registrar may take necessary action as provided under the
Act. However, the existing Committee shall continue to carry on
with only routine functioning of the society, till alternate
arrangement is made by the Registrar.
24. Day to Day Administration
The Managing Committee shall be responsible for conducting
the day to day affairs of the Association.
25. Mode of Communication
E-mail will be the primary mode of communication. If any changes
in member’s e-mail id, it is the responsibility of the Members
themselves to update their e-mail id to the Secretary of the
Association.
26. Act to be Binding on Villa Owners, Tenants, etc.
(a) All villa owners, tenants of such owners, employees of such
owners or, any other person who may, in any manner, use any
property or any part thereof shall be subject to the provisions of
the said Act and the Bye -Laws of theAssociation.
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(b) All agreements, decisions and determinations lawfully made by
the Association in accordance with the Bye-Laws of the
Association shall be deemed to be binding on all Villa Owners /
Associate Members / Tenants.
27. Reports and Returns
The Secretary and Treasurer shall jointly be responsible for
rendering all reports and returns relating to the accounts of the
Association, annually or as called for from time to time by the
Managing Committee.
28. Assets and Funds
The assets and funds of theAssociation consist of:
1) The maintenance deposit (Corpus Fund).
2) Monthly maintenance charges collected by theAssociation.
3) Special funds and other charges as approved by the General
Body and collected by the Association.
4) Any sum or assets as may be contributed, donated, or
bequeathed by any person or persons, firm, or company, by the
State or Central Government orAuthorities to theAssociation.
5) All interest or other income arising out of the said funds.
6) All assets that may be purchased or acquired from or out of the
said funds or otherwise acquired by the association.
7) All investments and realization thereof, from or out of the said
funds and assets.
8) All other funds and assets which have by any means become the
property of theAssociation.
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29. Audit of Accounts, Approval and Filing
The financial year of theAssociation shall be from 1st ofApril to
31st March of the succeeding year. Each year, the General Body
shall appoint a qualified auditor to audit the accounts of the
Association. It shall be the responsibility of the Managing
Committee to fix theAuditor. The annual audited accounts of the
preceding financial year, signed by two office bearers of the
Association, shall be submitted for approval at the General Body
meeting and the AGM shall approve it, before taking up the
agenda of elections of the new Managing Committee. The
Association shall submit a balance sheet of income and
expenditure, signed by two office bearers of the Association,
before the District Registrar, within 14 days after its Annual
General Body Meeting. The out-going committee shall hand over
charge to the new committee on the first day of July following
the elections unless exigencies of circumstances necessitate a delay.
Expenditure to be incurred between the said date of AGM and
up to the date of handing over of charges to the next committee
shall be authorized by the General Body on that day. A list of
newly elected members shall be furnished before the District
Registrar within 14 days after theAnnual General Body Meeting.
30. Dissolution
The dissolution of theAssociation shall be decided by the General
Body at a meeting specially called for the purpose by ¾ majority
of the total strength of the members of the Association, having
valid voting rights. Upon the dissolution of theAssociation under
the provisions of Travancore Cochin Literal, Scientific and
Charitable Societies Act 1955, after satisfaction of all its debts
and liabilities and property and assets whatever is left, the same
shall not be paid to or distributed among the members of the
Association or any of them but shall be given to a similar
Associations or to the government.
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31. Exhibition of Books
The Bye-Laws, the Register of Membership, Following Books
of accounts and minutes books of General Body shall be kept in
the office of theAssociation.
i) All sums of money received and expended for and on behalf of
the Association and the matters in respect of which the receipt
and expenditure take place: and
ii) The assets and liabilities of theAssociation
Up on request, shall be made available for inspection by any
member during working hours.
32. Copies of Rules and Bye-Laws
One printed copy of the Bye-laws of the Association shall be
provided to all members free of cost. Additional copies of the
Bye-Laws shall be supplied to members at a cost of Rs.100/
(Rupees One Hundred only) per copy.
33. Declaration
Certified that the Nakshatra Galaxy Villa OwnersAssociation is
under the provisions of theTravancore Cochin Literary, Scientific
and Charitable SocietiesAct 1955 and all the rules mentioned in
the act is applicable to Nakshatra Galaxy Villa Owners
Association and this is the true copy of the Bye-Laws of
Nakshatra Galaxy Villa OwnersAssociation duly authorized by
the members of theAssociation on the meeting held on 20.06.2020
34. If any Act / Clauses mentioned in the Bye-Law if found against
the provisions of the Travancore Cochin Literary, Scientific and
Charitable Societies Act 1955 or Indian constitution, the Act /
Clause will become invalid.
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N GV OA
Life Members Data
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