BYE-LAWS

 

OF

 

“ SHAKTI KUNJ”

 

 

RESIDENT   WELFARE   ASSOCIATION

 

 

 

 

 

PREAMBLE

 

To live in a harmonious, respectable and peaceful manner with dignity in a civilized society, thereby to promote a healthy, happy and brotherly environment amongst the residents of SHAKTI KUNJ, where all residents are expected to :

1.      Respect and exhibit tolerance for all religions and maintain goodwill amongst all communities.

2.      Keep the surroundings clean

3.      Abide by the policy of “Live and let others live”

4.      Show Mutual respect and trust.

5.      Promote healthy environment by protecting trees, seasonal flowers, ornamental plants/trees, etc. to enhance the natural beauty of the area and create environmental consciousness.

6.      Maintain brotherhood and amity towards each other especially with the neighbors.

7.      Strictly abstain and dissociate from any unlawful activity.

8.       Always remain committed and united as residents of SHAKTI KUNJ.

9.      To bring to the notice of the Executive Committee any criminal/unlawful activity being carried out within the premises of the Plot No. B-9/3, Sector-62, NOIDA i.e. SHAKTI KUNJ.

The Bye- Laws have been framed and have come into effect from the day passed by the GENERAL BODY of the Residents of SHAKTI KUNJ, convened in accordance with guidelines generally conforming to the procedure set out in these Bye-Laws.

1.0.0                  Name:

 

The name of Association shall be

 

 

                        “SHAKTI KUNJ Residents Welfare Association-”

 

1.1             Address:

 

The address and its registered office shall be :

 

C/o SECRETARY/ PRESIDENT

“RESIDENTS WELFARE ASSOCIATION”

SHAKTI KUNJ . PLOT NO. B-9/3, SECTOR-63, NOIDA, PIN- 201307

 

2.0.0       Common Seal:

 

The Residents Welfare Association shall have a common seal and the same shall be kept in the safe custody of the Secretary.  The Secretary shall sign every instrument, after approval by the Executive Committee of the Residents Welfare Association as per the laid down procedure, and thereafter affix the common seal.

 

3.0.0       Area of Operation :

 

The area of operation of the Association shall be all the flats/houses, amenity center, park, roads, parking places and including other facilities such as waters supply system, DG Set, internal telephone exchange, Common areas, roofs of the flats/houses built on the plot No. B-9/3, Sector-62, NOIDA as allotted by the Noida Authority; and coordinate with the statutory authorities, Non Governmental bodies, Banks, Post offices etc. towards enactment of the aims and objective of the RWA and enhancing the interests of the residents welfare.

4.0.0       AIMS AND OBJECTIVES:

 

1.                  TO NURTURE AND PROMOTE MUTUAL RESPECT, COOPERATION AND MUTUAL EXISTENCE, FRATERNITY, HARMONY AND SPIRIT OF PEACEFUL CO-EXISTENCE AS A MODEL CIVILISED SOCIETY.

2.                  TO CHOOSE A SUITABLE NAME FOR THE APARTMENTS AND AFFIX GLOW SIGN BOARD ON THE MAIN GATE.

3.                  TO COLLECT AND ACCEPT DONATIONS/FUNDS FROM MEMBERS AND OTHERS/OUTSIDE AGENCIES FOR CARRYING OUT ITS FUNCTIONS.

4.                  TO IMPLEMENT ABSTINENCE BY RESIDENTS FROM ANY UNLAWFUL ACTIVITY AND DISASSOCIATION FROM SUCH ACTS.

5.                  TO CONTROL NUISANCE AND UNWATNTED ELEMENTS INCLUDING UNFAIR AND SELFISH ATTITUDE OR MEASURES BY ANY ONE THAT MAY CAUSE HARM TO COMMON CAUSE AND COMMON WELFARE.

6.                  TO COORDINATE/PROVIDE/MAINTAIN CABLE TV NETWORK SERVICES.

7.                  TO PROVIDE AND MAINTAIN HORTICULTURAL WORKS.

8.                  TO PROVIDE ASSISTANCE FOR THE DEPOSIT OF ELECTRICAL BILLS, TELEPHONE BILLS ETC. IN RESPECT OF THE RESIDENT MEMBERS ONLY.

9.                  TO INTERACT AND COORDINATE WITH DISTRICT ADMINISTRATION AND OTHER GOVERNMENT DEPARTMENTS INCLUDING NON-GOVERNMENTAL ORGANISATIONS/BODIES FOR EXTRACTING BETTER SERVICES SUCH AS CLEANING OF NALLAH ADJACENT TO THE BOUNDARY WALLS, COVERING OF THE NALLAH OUTSIDE THE BOUNDARY WALLS, REGULAR SUPPLY OF ELECTRICITY AND WATER, PLANTATIONS,  BANKS,  POST OFFICE, PUTTING SPEED BREAKERS, NIGHT PATROLLING BY LOCAL POLICE ETC. AND SUCH OTHER FACILITIES AS ARE PROVIDED FREE OF COST TO THE RESIDENTS OF NOIDA.

10.             TO REGULATE AND CONTROL TENANCY/TYPES OF TENANCIES WITH COMMON INTERESTS AND ENVIRONMENT IN MIND. ISSUANCE OF NO DUES CERTIFICATE BY THE SECRETARY/RWA TO THE TENANT AT THE TIME OF VACATION OF THE FLAT AS EVIDENCE OF HAVING PAID OUTSTANDING DUES OF THE RWA.

11.             TO LEVY AND COLLECT NON-OCCUPATION CHARGES IN RESPECT OF FLATS NOT OCCUPIED BY THE ALLOTTEES/MEMBERS.

12.             TO FACILITATE BETTER LIVING CONDITIONS AND CREATE A CONGENIAL, HARMONIOUS AND FAMILY LIKE ENVIRONMENT AMONG THE RESIDENTS.

13.             TO PROMOTE AND ENHANCE CULTURAL AND EDUCATIONAL ACTIVITIES.

14.             TO PROVIDE AND MAINTAIN CLEANLINESS AND HYGIENIC CONDITIONS IN AND AROUND THE RESIDENTIAL COMPLEX.

15.             TO REGULATE AND MONITOR THE ENTRY/EXIT OF THE RESIDENTS AND VISITORS FROM SAFETY AND SECURITY POINT OF VIEW.

16.             TO COORDINATE AND MAINTAIN SERVICES OF WASHER MAN, DOMESTIC SERVANTS, SANITARY WORKERS, AND CAR CLEANERS ETC.

17.             TO UTILIZE RWA FUNDS IN MOST ECONOMICAL WAY.

18.             TO AWARD REPAIR AND MAINTENANCE CONTRACTS AND ITS IMPLEMENTATION FOR LIFTS; REPAIR OF ROADS, SANITATION WORKS; CIVIL MAINTENANCE WORKS;INTERCOM TELEPHONE EXCHANGE FACILITY AND ANY OTHER SUCH FACILITIES.

19.             AWARD SECURITY CONTRACT AND ITS IMPLEMENTATION.

20.             TO COORDINATE WITH ELECTION COMMISSION AUTHORITIES FOR INCLUSION OF NAMES OF ELIGIBLE MEMBERS AND THEIR FAMILY OF THE SHAKTI KUNJ IN THE VOTERS LIST.

21.             TO PROVIDE RAX/DOT TELEPHONE DIRECTORY OF THE RESIDENTS TO ALL THE OCCUPANTS.

22.             TO COORDINATE WITH POST OFFICES DEPARTMENT FOR THE OPENINGS OF POST OFFICE OF SECTOR-62, NOIDA.

23.             TO MAINTAIN LIASION WITH OTHER RESIDENTS WELFARE ORGANISATIONS OF SECTOR-62 NOIDA FOR IMPROVING QUALITY OF LIVING.

24.             TO CREATE AND MAINTAIN LIASION WITH THE NOIDA AUTHORITY, POLICE AUTHORITY; PUBLIC WORKS DEPARTMENT AND OTHER CONCERNED AUTHORITIES.

25.             TO ORGANISE CULTURAL / SOCIAL ACTIVITIES SUCH AS ORGANISING PICNIC FOR ENHANCING BETTER, PLEASANT AND QUALITY LIVING AND ALSO CELEBRATE NATIONAL DAY FUNCTION.

26.             TO ENSURE NON ENCROACHMENT OUTSIDE /IN FRONT OF THE PREMISES/ ON THE ROOF OF THE SHAKTI KUNG.

27.             TO ENFORCE IMPLEMENTATION OF CONDITIONS OF ALLOTMENT OF FLATS AND LEVY AND COLLECT PENALTIES FOR VIOLATIONS.

28.             TO ENSURE AND MAINTAIN THE ORIGINAL LOOKS OF THE FLATS.

29.             TO FRAME CODE OF CONDUCT FOR THE ALLOTTEES/RESIDENTS AND ITS INFORCEMENT-CODE OF CONDUCT.

30.             TO EXPLORE THE FEASIBILITY OF SETTING UP LIBRARY AND THEREAFTER CONSIDER SETTING UP LIBRARY FOR THE BENEFIT OF ALL THE MEMBERS/RESIDENTS.

31.             TAKE ON HIRE ANY BUILDING, EQUIPMENTS, FIXTURES MOVABLE/IMMOVABLE ASSETS ETC FOR CARRYING OUT THE ACTIVITIES OF THE ASSOCIATION.

32.             TO LEVY AND COLLECT FINE FROM DEFAULTERS FOR NON PAYMENT OF DUES PAYABLE TO THE RWA BY THE RESIDENTS.

33.             TO CONTROL AND REGULATE PUTTING OF HOARDINGS/BANNERS/POSTERS, LEAFLETS, STICKERS WITHIN AND OUTSIDE THE PREMISES OF THE APARTMENTS.

34.             TO PROTECT AND ENHANCE THE OVERALL INTERESTS OF THE MEMBERS.

35.             TO ADOPT THE POLICY OF TRANSPERANCY IN THE FUNCTIONING OF RWA.

36.             TO IMPLEMENT THE DECISIONS OF THE RWA WITHOUT ANY FEAR OR FAVOUR BY LAWFUL MEANS.

37.             TO GET THE ACCOUNTS OF RWA  AUDITED BY AN AGENCY ON ANNUAL BASIS (1st JULY to 30th JUNE COOPERATIVE YEAR).

38.             TO EXERCISE THE POWERS OF AMENDMENT OF THE EXISTING BYE LAWS AFTER A THOROUGH REVIEW IN THE OVERALL INTEREST OF THE RWA.

39.             TO PREPARE ANNUAL REPORT OF THE ACTIVITIES CARRIED OUT BY THE SHAKTI KUNJ RESIDENTS WELFARE ASSOCIATION WHICH WILL ALSO INCLUDE STATEMENT OF ACCOUNTS AND ITS APPROVAL BY THE EXECUTIVE COMMITTEE OF THE RWA.

40.             TO CONSTRAIN RESTRAIN ANY DAMAGE TO THE PROPERTY OF THE SHAKTI KUNJ, AND TAKE ACTION FOR THE PROTECTION AND MAINTENANCE OF THE SAME.

41.             TO PREPARE DISASTER MANAGEMENT PLAN.

42.             TO AVAIL SERVICES OF EXPERTS/SPECIALISTS ON IMPORTANT ISSUES.

43.             TO UNDERTAKE SUCH OTHER ACTIVITIES AS ARE CONDUCIVE TO OR INCIDENTAL TO THE ATTAINMENT OF THE AIMS AND OBJECTIVES OF THE ASSOCIATION.

 

5.0.0       MEMBERSHIP:

 

1.                  The membership of the RWA shall be ipso facto i.e. automatically a member of the society becomes members of the RWA.

2.                  Under no circumstances, admission fee shall be refundable, transferable and / or adjustable.

3.                  Application for admission shall be made to the Secretary/RWA on the prescribed form along with admission fee and every application for membership shall be disposed of by the Executive Committee who shall have power to grant or refuse or cancel the membership/admission.  The RWA Executive Committee shall also have power to revoke/suspend the membership, after due consideration and may keep the membership suspended for some specific period as decided by the executive committee.

 

5.1.0.                MEMBERSHIP SUBSCRIPTION :

 

1.                             The Association may from time to time fix admission fee or one time lump-sum subscription or monthly./quarterly subscription to be paid by every member.

2.                             Every member shall pay such fees as determined by stipulated date and if a member fails to pay the subscription within the specified period, he/she will be considered as defaulter by the RWA after serving reasonable notice.

3.                             The defaulter member shall have no right in the Association activities as member and/or office bearer including his voting rights as a member.

4.                             The Executive Committee may on an application made by a member consideration to reduce the backlog of fees, refix the subscription of arrears in full or part thereof if it is so satisfied with the reasons given by the applicant.

5.                             Every member shall subscribe on a monthly/quarterly/annual basis and payment of such subscription shall not be refundable in any case.

 

5.1.1.           CORE VALUES :

 

1.                             MUTUAL RESPECT AND TRUST

2.                             CUSTOMER FOCUS

3.                             FEEL A SENSE OF PRIDE FOR THE “RESIDENTS WELFARE ASSOCIATION /SHAKTI KUNJ APARTMENTS”.

4.                             HONESTY IS THE BEST POLICY.

5.                             SPIRIT OF TOLERANCE AND CO-EXISTANCE.

 

6.0.0                  REFUSAL AND CANCELLATION OF MEMBERSHIP :

 

1.      The refusal or cancellation of membership will be based on any known unlawful/criminal/communal activity or refusal to abide by the residents welfare association’s bye-laws/rules or inharmonious conduct of the owner of the house/flat/tenant/ or his family members/relative/domestic servants residing with him or visiting him.

2.      The decision of the Executive Committee together with the grounds of such refusal or cancellation will be communicated to the member applicant and reasonable opportunity will be provided to the applicant/member to reply on each article of the issue on which refusal or cancellation is contemplated.

 

7.0.0       WITHDRAWAL, RESIGNATION AND EXPULSION FROM MEMBERSHIP

1.                  No member shall be permitted to withdraw or to resign its membership within 10 years from the date of which he was admitted as a members and acceptance of resignation shall take effect on acceptance by the Executive Committee.

2.                  A member of the Association shall cease to be a member if registration is cancelled, or sold out the flat/house, loss of ownership, or expelled by the association or convicted by a court of law.

3.                  If a member intentionally attempts any act prejudicial to the interest of the association, it shall be open to the Executive Committee or General Body of the Association to expel such member.  However, such member shall be given reasonable opportunity of being heard before final decision is taken in the matter.

 

RE-ADMISSION OF MEMBER:

 

            Member having resigned expelled or whose membership has been cancelled will apply afresh for readmission as member of the association, subject to fulfillment of conditions laid down with requisite fees.

 

8.0.0       A member of the Association shall automatically cease to be a member in case of his conviction by a court of law or his death.

 

9.0.0            SOURCE OF FUNDS :

 

            The Resident Welfare Association may raise funds from Admission fee, Monthly/Quarterly subscription, loan from residents, bank, donation, lease rent, royalty etc.

 

10.0         General Body(GB):

 

1.                  Every bona fide member of the Association is entitled to participate in General Body Meeting.

2.                  General Body of the Association will be constituted in accordance with these bye laws.

3.                  The decision taken by the General Body will be final and will be binding on all the members/allottees.

 

10.10                            ROLE OF THE GENERAL BODY

 

The General Body will  transact business of review of work passing of account, election of office bearers of the Executive Committee and any other point(s) of common welfare/interests.

 

10.2.0                          GENERAL BODY MEETING

 

1.                  The General Body Meeting will be held twice a year in the month of December & July to transact business of review or work, passing of Account.

2.                  In the event of any urgency in the intervening periods should there be a need then in such a situation an extraordinary meeting of the General Body can be summoned on the written request of 1/3rd of the total members of the RWA or at the instance of the Executive Committee.

3.                  The agenda for General Body Meeting will be finalized in advance and requisition for the meeting will be circulated to the members minimum 15 days in advance together with agenda.

 

10.3.0                          QUORUM OF GENERAL BODY MEETING(GBM)

 

1.                  The quorum of the GBM to transact any business except passing of resolution of obituary will be 1/3 (33%) thirty three percent of the entitled and bonafide membership.

2.                  In case of lack of quorum, as moved by the Secretary, President of the Presiding Officer will adjourn the meeting for Half an Hour and the meeting will be re-convened accordingly.,

3.                  In the eventuality of lack of quorum, the meeting will be postponed for subsequent date and records to this effect to be kept under the signatures of the RWA President & Secretary.

 

10.4.0.                        POWER/DECISIONS OF GENERAL BODY :

 

1.                  All the decisions of the GB will be by majority and shall be either by voice vote or by raising of hands.

2.                  In case the RWA President/Vice-President so desire the voting can be through Ballot or instant slips also.

3.                  The procedure of election shall be framed by the Executive Committee with the approval of General Body.

4.                  General Body is also empowered to review/reconsider the earlier GBM decisions depending upon fresh/changed circumstances.

5.                  General Body is also empowered to amend or repeal of any existing bye laws or enactment of any new bye laws through a specific agenda provided that all such amendments are passed by a majority of the GB by 2/3 of majority of the total membership.

6.                  Any member against whom dues of the RWA are outstanding for more than 6 months shall not have voting rights till he has paid the dues.

 

10.5.0             EXTRA ORDINARY OR SPECIAL GENERAL BODY :

 

1.                  The demand in writing for convening of extra ordinary/special/emergency meeting will be received by the President from the bonafide residents members by not less than 1/3rd of the registered members to discuss any emergent issue for consideration by the executive body along with the agenda.

2.                  An extraordinary or a Special General Body meeting shall be called within one month of written requisition, which will state the object of the extra ordinary/special/emergency meeting.  It may be requisitioned by secretary in consultation with the RWA president.

 

10.6.0                          QUORUM FOR  EXTRA ORDINARY OR SPECIAL GENERAL BODY :

 

The quorum for the meeting of General Body shall be 1/3(33%) thirty three percent of strength of bonafide members and if there is no quorum for a meeting it shall be adjourned to such date and time as may be decided by the Chairman of the meeting and further business of the meeting shall not be processed with without the quorum (ref. 10.3.0).

 

11.0.0 `            EXECUTIVE COMMITTEE :

 

1.                  There shall be an Executive Committee.  Executive of such committee shall be elected by the GENERAL BODY from amongst the bona fide members residing in the Shakti kunj premises in a meeting as per the procedure stated in earlier sections.

2.                  The Executive Committee shall consist of following 9 members for a period of one year.  An elected executive member shall be deemed to have vacated his office if he ceases to be a bona fide member, or is expelled by General Body or if he fails to attend 3 consecutive meeting without proper/justifiable reasons.

 

11.0.0                          MEETING OF EXECUTIVE COMMITTEE (EC):

 

1.                  The date, time and venue of the EC meeting shall fixed by Secretary in consultation with the RWA President.  The other office bearers/members shall be informed three days in advance, other than emergency where meeting can be called at any time without giving any notice.

2.                  The executive committee meeting shall be convened at least once in two months and the required quorum for the meeting shall ½ (50) of total strength of the committee.

 

11.2.0.                        TENURE OF EXECUTIVE COMMITTEE(EC):

 

1.                  Ideally, the committee shall continue for a period of 1 year effective from 1st July (as per cooperative years) and stand automatically dissolved on ending of March after completion of two years or till their successors are elected whichever is earlier.

2.                  The EC will ensure timely election of next executive committee well before the expiry of their term.

3.                  Within six months after registration elections are to be held.

 

11.3.0                          FILING OF VACANCY IN EXECUTIVE COMMITTEE :

 

Any interim vacancy arising due to registration, expulsions, terminations or death of any executive committee member then the same may be filled (no more than 2 members) by co-option by the executive committee from the amongst the bona fide membership for the remaining period.

 

12.0.0                          CONSTITUTION OF EXECUTIVE BODY :

 

The executive body shall consist of following and shall be elected by the General Body :

 

1.            President                                                                   1

2.         Vice President                                                       1

3.            Secretary                                                                   1

4.         Joint Secretary                                                       1

5.            Treasurer                                                                   1

6.            Executive members                                                  9( one from each block)

7.            HONORARY/CO-OPTED/VISITING MEMBER - 1

 

12.1.0                          THE BROAD RESPONSIBILITIES OF Executive Committee shall be :

 

1.                  Conduct scheduled meetings and activities for the overall development and interest of the RWA/SHAKTI KUNJ Apartments members/residents.

2.                  Take up various jobs and their coordination with the respective activity/committee members as per necessity from time to time.

3.                  Look after the project work as and when required.

4.                  Co-opt members to sub committees on need basis from time to time.

5.                  Be responsible for the follow up of dues collection from the members of the RWA.

6.                  Receive suggestions and complaints and consider those for appropriate decision/action.

7.                  Take follow up actions with the NOIDA authority and other authorities for the development of SHAKTI KUNJ Apartments.

8.                  Ensure timely election of next executive committee will before the expiry of their term.

9.                  Maintain the bank account of the RWA.

10.             Ensure the yearly audit of the RWA accounts and expenditures.

 

12.2.0                          ROLES /  RESPONSIBILITIES OF THE EXECUTIVE COMMITTEE

 

1.            President    : He shall preside over the General Body and Executive Committee meetings and sign the proceedings.  He will be one of the signatory of Bank A/c together with Treasurer or Secretary.  He will coordinate and ensure the smooth and efficient functioning of Executive Committee. 

2.         Vice President : In the absence of the RWA president, the vice president will preside over the meetings and sign the proceedings.  He shall directly oversee the areas of security and accounts in consultation with President.  In the absence of the President due to any reason whatsoever he shall also operate the Bank Accounts and will be one of the signatory with the RWA treasurer or Secretary.

 

3.            Secretary :   The duties and responsibilities of the RWA Secretary shall be to exercise general control over administration, day to day monitoring, to convene meeting in consultation with the RWA president, supervision and management, follow up development and welfare related matters, verification of all vouchers for payments, to maintain records, documents, deeds, instruments etc.  He will be one of the signatory of Bank A/c together with RWA President and the Treasurer.  He will enter into correspondence with various authorities, issuance of notice, circular recording of minutes of various meetings, safe keeping of resolutions of meetings and other records of the RWA. He should ensure that all expenditure is properly approved by the executive committee. In rare cases only, post-facto approval shall be obtained.

 

4.         Joint Secretary :            To perform all the functions of the Secretary during his absence and also undertake tasks assigned/allotted by the RWA Executive Committee/President.

 

5.            Treasurer :  The treasurer shall maintain Bank A/c petting cash A/c all accounts of the association, act as joint signatory of Bank A/C, receive all cash, sign all deposit receipts, release of payment duly verified by competent authority, prepare statement of accounts, audit of accounts, safe custody of cheque books/pass books and deposit receipts, Bank accounts shall be operate together by himself and any one signatory amongst RWA Secretary or the President in all cases.  During his absence, the Vice President will operate the Bank accounts as referred to in clause 12.2.2 above.

 

12.3.0                          EXECUTIVE COMMITTEE :

 

The RAW President and the Executive Body while discharging their day to day working may assign part or whole of the works to any of these elected members. The majority decision shall be treated as Executive committee decision and shall be binding on all.

 

12.4.0                          THE BROAD ROLES AND RESPONSIBILITIES OF THE EXECUTIVE MEMBERS WILL BE :

 

They shall :

 

1.                  be assigned various jobs and their coordination with the respective activity/committee as per necessity from time to time.

2.                  look after the project work as and when required and report to the RWA Secretary.

3.                  be co-opted to sub committees/activities undertaken from time to time.

4.                  be responsible for follow up of collection from the members of the RWA.

5.                  receive suggestions and complaints.

6.                  convey schedules of meeting and activities to the residents/members.

7.                  bring to the notice of the President / Secretary arrival/departure of new residents.

 

12.5.0                          GAMES AND CULTURAL MEMBER :

 

He/she shall be responsible for all sports program activities and dealing with various authorities.  He shall be responsible for all cultural program, cultural evenings, national day celebrations, and maintenance of periodicals and libraries in consultation with RWA President and Secretary.

 

12.6.0.                        SECURITY MEMBER :

 

He shall be responsible and co-ordinate all security matters of the entire area, proper upkeep and maintenance of security equipment, deployment and checking of security personnel.  He shall keep the President and Secretary updated on security aspects.

 

12.7.0             ENVIRONMENT MEMBER :

            He/she shall be responsible for planting of trees, flower saplings, proper upkeep and maintenance of the park, checking the deployment of Mallis for the association and other environment activities to enhance the beauty of the locality.  He may consult experts/professionals for design, developments of landscape of the park.  He shall also explore the need and equipment for amusement park for children.  He shall keep the RWA President and Secretary updated on environment aspects.

 

13.0         HONORARY MEMBER/CO-OPTED MEMBER/VISITING MEMBER :

 

13.1.0   Honorary Member :

 

Any eminent personality of any discipline with high profile of the area whether or not he is owner of a house/flat and resides on the SHAKTI KUNJ will be granted the honorary membership in the committee till the change by the General Body duly recommended by the Executive Committee.  However, he will not have any voting rights.

 

13.2.0   Co-opted Member :

 

Any energetic/constructive bonafide member of any discipline, owner of the house/flat and resides in the SHAKTI KUNJ may be co-opted as a member to the committee by the Executive Committee.  However, he will not have any voting rights.

 

13.3.0   Visiting Member :

 

Any member requested by President/Secretary/Vice President to attend the proceeding of the Executive Body on a particular date by an open invitation for seeking his expert views or feed backs on a particular subject/issues they feel necessary.

 

14.0.0   ROLES AND RESPONSIBILITIES OF RESIDENTS/MEMBERS OF THE  ASSOCIATION :

 

14.1.0  GENERAL :  In order to live a harmonious and peaceful life in a civilized society thereby to promote a healthy, happy and brotherly environment in SHAKTI KUNJ all residents/members are expected to at least observe followings while residing in the colony:

 

1.                  Respect all religions and create goodwill amongst all communities.

2.                  Cleanliness of the surroundings.

3.                  Promotion of healthy environment  by planting trees, seasonal flowers, ornamental trees, etc to beauty the area.

4.                  Mutual respect and trust.

5.                  To bring to the notice of the Executive Committee any criminal activity in the area.

6.                  Strictly abstain and dissociate from any unlawful activity.

7.                  Express solidarity as a team of residents/members in time of need.

8.                  Pay all the dues on time and ensure that the RWA never becomes insolvent/in any financial crisis.

9.                  Assist in the smooth functioning of the RWA whenever required.

10.             Always remain united as resident of SHAKTI KUNJ.

 

14.1.0         SPECIFIC  :  

 

1.      UPKEEP OF THE COMPLEX

 

(a)  CLEANLINESS :  Residents of the complex are requested to help in its upkeep and cleanliness by not bringing, or causing to be brought within it, any dirt, refuse, soil, clay or waste of any kind.  They should not damage the complex or cause it to be damaged in any manner whatsoever.

(b)  Maintenance : Maintenance services for common areas and for certain specific defects in the apartments, such as the seepage of water, are provided by the Society.  But the repair and maintenance of individual apartments or the replacement of plumbing and other equipment is the responsibility of the individual flat owners themselves or of their tenants, as per any lease agreements concluded between them.  However, and subject always to availability, the maintenance staff of the society may be called upon to render such services as may be required, at the cost of the said flat owners or tenants.  A register shall be maintained in the Maintenance Office, in which residents can report faults or defects relating to their apartments which may need the society’s attention.

(c)  ALTERNATIONS : No structural alternations, especially external ones are permissible in the Society’s Apartments Complex, as this would attract penalties from the concerned authorities besides spoiling the attractive façade of the buildings.  Nor should the outer walls be damaged.  Structural alternations/additions to toilets and baths need to harmonize with existing drainage facilities.  Other proposed structural alterations should not affect the strength and safety of load-bearing walls or pillars.

(d)  TENANTS : Flats in the society can be rented to persons who meet following criterion :

·  He / She shall live in the society after entering an agreement with society that he/she shall abide by the “Bye-laws of the society”

·  He/She shall be a married person

·  The flat shall not be converted in to a Hostel.

·  He / she shall not create nuisances or any other act  so that  his/her neighbor feel any problem.

 

(e)   COMMERCIAL USE OF FLAT

·    No member is allowed to use his premises for any commercial use.

·  RWA committee may allow after discussion in the executive committee for providing any services for the charity purpose. For this application may be given to RWA giving details of services provided, persons availing of that services, and other necessary details. After written permission from RWA only, the services can be initiated.   

 

2.      RESTRICTION ON THE USE OF COMMON AREAS :

 

(a)  PRIVATE FUNCTIONS : The common areas, both inside the blocks and outside, shall not be used for private receptions or any other such functions.  In view of the stringent municipal regulations restricting the total land allotted to the society and the covered area permitted on it, great care and planning have gone into catering for the following basic and minimum needs of the resident community.

 

·  Free passage through corridors to the apartments.

·  Free circulation with the apartments.

·  Parking spaces under stilts and outside; and

·  Green spaces for the recreation of adults and children.

 

            Accordingly, the holding of functions in the common areas is not permissible as it would restrict or curtail their availability to the other residents.

 

(b)  COMMERCIAL AND OTHER GOODS : Storage of household and/or commercial goods, even for short durations, is not permissible in the common areas such as stilts, corridors and other such places.

(c)  DOMESTIC HELP : Residents may not ask or permit their domestic help to use the common areas as sitting or sleeping accommodation, or for the storage of their belongings or to commit nuisance. Offending individuals would not be permitted entry into the complex.

(d)  MISCELLANEOUS ACTIVITIES : Residents may not use corridors and areas in front of lifts for getting their furniture polished or for cleaning their household objects.  Nor can any carpenters or other artisans be commissioned to execute their work in the common areas.

(e)  FITTINGS AND FIXTURES : Electrical switches and meters and all other fittings and fixtures located in the common areas in the nine apartments blocks shall not be tampered with in any manner.  Any faults and defects noticed by the residents should be reported to the maintenance staff for rectification.

 

3.      GREEN AREAS :

 

The central garden enclosed by the nine blocks, as well as the lawns and hedges of the complex, are being maintained with considerable labour and expenditure.  They are the property of the society as a whole and not of individual members or residents.  The following regulations have been devised with a view to enabling all the residents to derive the maximum possible enjoyment from the green areas in the complex.

 

(a)  No flowers or leaves may be plucked from the garden.  All requirements, whether for pujas or for filling decorative vases, should be met through private arrangements made from outside the complex.

(b)  The central green belt has been cordoned off, so that the grass is not trampled upon.  It has been developed after considerable effort and expenditure on land filled with builder’s rubble.  To maintain it in its present from it shall not be accessible to residents, but serve only as a central lung and decorative greenery of the housing complex.

(c)  The lawn enclosed by Block 7,8 &9 shall, however, be available for the use of residents, in such a way as would not damage the lawn e.g. playing football or other sports.

(d)  A separate play area, adjacent to block 3,4&5 has been provided for small children for playing.

4.      GARBAGE CHUTE :

 

The garbage chutes in the apartment blocks shall be used in such a manner that the refuse thrown in them does not obstruct free passage through them.  Kitchen refuse should be securely bound in reasonably-sized bundles or packed in plastic bags before being thrown into the garbage chutes, so that it does not stick to the sides, giving rise to malodorous smells or in sanitary conditions.  Domestic servants should be carefully instructed in this most essential routine in order to avoid the possible spread of disease, flies, mosquitoes  etc.  and in order not to attract rats, monkeys, stray dogs and cats etc.  Servants leaving garbage anywhere else will not be permitted entry into the complex. Bottles and heavy articles should not be disposed off in the Garbage Chute.

 

5.      FIRE FIGHTING EQUIPMENT :

 

Residents shall not, on any account, tamper with the fire-fighting equipment which is located on each floor of the nine apartment blocks.  It is proposed to organize a fire fighting drill at least once a year, so that residents can be acquainted with the procedure to be followed in the event  of a fire in the housing complex.

 

6.      LIFTS :

 

(a)  2 lifts have been provided in each of the housing blocks for the convenience of residents.  Their availability at all times would depend largely on their proper use.  Children and domestic help should be instructed not to misuse them by frequently running up and down, merely for fun.

(b)  Very heavy household or personal effects should not be loaded on to the lifts.

(c)  Residents, even with the good intention of trying to correct a faulty operation, shall not tamper with the mechanical or electrical part of the lifts.

(d)  If, at any time, it is discovered that a lift is not functioning properly, this should be reported promptly to the guard on duty at either of the entrance gates or the maintenance office so that the OTIS maintenance staff can be contacted for immediate remedial action.  Defects and faults in the working of lifts should also be duly entered in the registers specifically maintained for this purpose in the Maintenance Office so that they are also formally brought to the attention of the OTIS personnel who are required to check these registers at 9.00 am on each working day.

(e)  It has been observed from time to time, that obscenities have been scratched or painted on the walls or on the doors of lifts.  Needless to say, this is most unfortunate.  Residents are requested to assist in preventing the recurrence of such indecent behavior. 

 

7.      MAINTENANCE STAFF :

 

Residents should not threaten or manhandle the staff of the society for any reason whatsoever.  Any complaints against them should be made to the society’s Administrative Officer.  All domestic help must obtain “Gate Passes” from the Society’s office in order to gain entry into the complex.  Security guards have been instructed to strictly enforce this requirement.

 

 

8.      DOMESTIC HELP : In employing domestic help residents are advised to follow the rules and regulations of the local administration.

9.      RENTING OF FLATS :  Members before renting their flats shall have to

10. PETS : Residents who keep pets should not let them loose in the common areas or in the garden.  They should be walked outside the housing complex.  It shall be the responsibility of the residents concerned to have the necessary cleaning up done in case a pet dirties any part of the complex.  They should also instruct their domestic help accordingly.

11. SALESMEN AND HAWKERS :  In the interest of security, salesmen and hawkers shall not be allowed entry into the complex.  Only those who provide services to the residents, such as maids, milkmen and newspaper delivery boys shall be allowed in.

12. AIR CONDITIONERS AND AIR COOLERS : No air conditioners and air coolers shall be installed in the flats in the complex in a manner that would project into, or open out on, any passage or other common area.  Residents should ensure that no water drips from their cooling equipment into another resident’s flat or into a common area.

13. CARS & PARKING : Some parking in the stilt are available within the complex at a monthly rent of Rs. 300/-. Residents may park their vehicles only in the place allotted to them or in the open parking.

The society shall maintain a waiting list for rental covered parking and shall be allotted on first come first serve basis. When a flat owner or tenant ceases to occupy an apartment, the parking place, if any, allotted to him shall automatically revert to the society for fresh allotment.

Residents should drive slowly and with caution within the complex. The use of horns should be avoided. While entering the complex at night, the head lights should be in dipped mode. All residents must obtain car stickers from the society’s office and paste them on the windshields of their cars. Cars without stickers will not be allowed in the complex. Visitor’s cars shall be allowed only after confirmation from the respective tenant.

15.0.0                          ACCOUNTS :

 

The funds of the association will be deposited and operated through an account in a Bank.  The Bank account(s) shall be opened in any Nationalized Bank, scheduled Bank/Commercial Bank or co-operativie bank.  Any change of the bank shall be with the permission of the President and the Treasurer.

 

15.1.0                          AUDIT OF ACCOUNTS :

 

The yearly accounts of the RWA will be audited by an independent bonafide member appointed by the Executive Committee who shall audit the accounts and receipt/expenditure.

 

16.0.0                          VALIDITY OF ACTION :

 

No act of the General Body, the Executive Committee or other committee shall be deemed invalid by reasons of any defect in the election of the members thereof or by reason of any vacancy therein no having been filled in accordance with these bye-laws.

 

17.0.0                          AGREEMENT TO BYE-LAWS

 

General Body is also empowered to amend or repeal of any existing bye-laws or enactment of any new bye-laws provided that such amendment are passed by 2/3 majority of the total bonafide members present and voting.

 

18.0.0                          LEGAL AND JUDICIAL (SETTLEMENT OF DISPUTE )

 

1.                  Except as otherwise specifically provided in the bye-laws contract, all disputes concerning questions of act arising under any contract shall be decided by the Executive Committee upon a written appeal by the person concerned to the President RWA whose decision shall be final and agreeable to the parties hereto.

2.                  Any dispute or different including those considered as such by only one of the parties arising out of any matter shall be to the extent possible settled amicably between the parties.

3.                  If amicable settlement can not reached, then all disputed issues shall be settled by arbitration.

 

19.0.0              ARBITRATION :

 

In the event of any dispute or different whatsoever arising under any contract or any matter including any question relating to the meaning and interpretation or any alleged breach thereof the same shall be referred to the sole arbitration of the President, Resident Welfare Association/SHAKTI KUNJ or to a person appointed by him for that purpose.  The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration Act, 1996.

 

20.0.0.                        JURISDICTION :

 

All matters shall be governed by the Indian Laws for the time being in force and only district Gautam Budh Nagar Courts shall have exclusive jurisdiction in all matters.

 

21.0.0                          RECORDS OF THE RESIDENTS WELFARE ASSOCIATION :

 

1.     MEMBERSHIP REGISTER

2.     MINUTE OF MEETINGS REGISTER

3.     CASH AND BANK BOOK

4.     STOCK REGISTER

5.     ASSIST REGISTER

 

22.0.0.            SUPERMACY OF BYELAWS :

                        In event of a conflict between byelaws of the Residents Welfare Association and decisions of General Body the byelaws of the Association shall prevail.

 

Adopted by : Executive Committee on

 

These byelaws will come to effect immediately on the day of having been passed by the GENERAL BODY of  the Residents of   SHAKTI KUNJ.

 

 

 

Adopted by : GENERAL BODY OF THE RESIDENTS OF SHAKTI KUNJ ON