“ SHAKTI
KUNJ”
RESIDENT WELFARE
ASSOCIATION
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