MEMORANDUM AND ARTICLES OF ASSOCIATION

NAMED AND STYLED AS

“KASHISH APARTMENTS RESIDENTS WELFARE ASSOCIATION”

 Kashish Apartments-IV, Officer Colony, Near DIET, JBT Road, Solan, (HP) - 173212

1.  NAME OF ASSOCIATION

The organisation shall be called the ‘KASHISH APARTMENTS RESIDENTS WELFARE ASSOCIATION’, Kashish Apartments-IV, Officer Colony, Near DIET, JBT Road, Solan, (HP) - 173212, hereinafter referred to as the “KARWA” or “ Association” or “Society”.

2.  ADDRESS OF THE ASSOCIATION:

President, Kashish Apartments Residents Welfare Association, Kashish Apartments-IV, Officer Colony, Near DIET, JBT Road, Solan, (HP) - 173212.

3.  WORKING AREA OF THE ASSOCIATION:

The area of operation of the Association shall be within the municipal limits, specifically  buildings of all four blocks of Kashish Apartments-IV built in Officer Colony, Near DIET, JBT Road, Solan HP and including facilities, common areas of the Kashish Apartments-IV Building. Association will coordinate with the statutory authorities, Non Governmental bodies etc. towards enactment of the aims and objective of the KARWA and enhancing the interests of the residents.

4. AIMS AND OBJECTIVES OF THE ASSOCIATION:

  1. To make efforts  to solve day to day general problems of the residents/owners of the flats of the above referred premises with the help of concerned government authorities and liaison with the builder of the flat to get his help to solve their problems.
  2. To facilitate better livings conditions and create a congenial, harmonious and family like environment among the residents.
  3. To promote mutual respect, cooperation and mutual existence, fraternity, harmony and spirit of peaceful co-existence as model civilized Association.
  4. To collect and accept funds/donations from members and other outside agencies.
  5. To control nuisance and unwanted elements including unfair and selfish attitude or measures by anyone that may cause harm to common cause and common welfare.
  6. To interact and coordinate with district administration and other government department including non-governmental organizations/bodies for extracting better services.
  7. To promote and enhance cultural and educational activities.
  8. To provide and maintain cleanliness and hygienic conditions in and around all the blocks of  Kashish Apartments-IV .
  9. To regulate and monitor the entry/exit of the residents and visitors from safety and security point of view.
  10. To utilize KARWA funds in most economical way.
  11. To organize cultural/social activities such as organizing festive function for enhancing better, pleasant living and also celebrate National  functions.
  12. To ensure and maintain the original looks of the Kashish Apartments-IV  Buildings.
  13. To ensure non encroachment outside/ inside the Kashish Apartments-IV.
  14. To enforce implementation of by laws of KARWA and levy/collect penalties for violations.
  15. To frame code of conduct for the residents and its enforcement.
  16. To control and regulate putting of hoardings/banners/posters, leaflets, stickers within and outside the premises of the apartments.
  17. To protect and enhance the overall interests of majority members.
  18. To adopt the policy of transparency in the functioning of KARWA.
  19. To implement the decisions of the KARWA without any fear or favour by lawful means.
  20. To exercise the powers of amendment of the existing bye laws after a thorough review in the overall interest of the KARWA.
  21. To avail services of experts/specialists on important issues.
  22. To undertake such other activities of the aims and objectives of the Association.
  23. To get the accounts of KARWA Audited on annual basis

5.  INCOME AND PROPERTY:

All the incomes earnings movable/or immovable properties of the Association shall be solely utilized and applied towards the promotion of its aims and objects only as forth in the memorandum of the Association and no profit thereof shall be paid or transferred directly or indirectly by way of dividends bonus profits or in any manner whatsoever to the present or the past members of the Association or to any person claiming through any one or more of the present or the past members no member of the Association shall have any personal claim on any movable or immovable properties of the Association or make any profits whatsoever by virtue of this membership.

6.  GOVERNING BODY OF THE ASSOCIATION:

The names, addresses, occupation and designation of the incumbents of the Governing Body to whom the management of the association has been entrusted as required under section II of the Association Registration ACT, 2006, are as below:

S. No.

Name

Designation

Occupation

Signature

1.

Dr. Deveshwar Pandey

President

Govt. Service

2.

Sajan Chauhan

Vice President

Business

3.

Surender Tegta

General Secretary

Govt. Service

4.

Er. SR Chansta

Treasurer

Govt. Service

5.

Dr. Lalit Gupta

Executive Member

Redt. Govt. Servant

6.

Jai Pal Banga

Executive Member

Govt. Service

BYE - LAWS

1.  MEMBERSHIP:

The membership of the Kashish Apartments Residents Welfare Association (KARWA) shall be ipso facto i.e. owner of the Flats in Kashish Apartments-IV become member of the KARWA automatically. Though the process of membership completes when he/she deposits the admission fee with the association.

It is compulsory for every resident to become a member of Association. If any resident failed to obtain the membership of Association, the General Secretary will inform him in writing and call upon him to deposit the admission  fee and subscription for all previous month to become a member of Association.

.2.  ADMISSION AND MONTHLY SUBSCRIPTION:

  • Admission fee of Rs. 500/ will be charged one time at the time of enrollment and subsequently Rs. 100/ per month will be monthly contribution which will be deposited by each member with the treasurer of the association on quarterly basis.
  • The rates of  subscription shall be reviewed by the Governing Body and in case of any upward revision it shall be ratified by the General Body.
  • In case of non-occupancy of a flat, the subscription fee,  shall continue to be paid by the owner/s of such flats. Their responsibility to the Association shall not be diluted in any way due to such non occupancy.
  • The liability of payment of subscription fee and other charges  for flat, as fixed by the General Body, shall at all time be that of the Owner and not that of the tenant who occupies the flat/s.

3.  CESSATION OF MEMBERSHIP:

Residents of the KARWA shall cease to be a member of the Association in the event of :

a)  Selling, gifting, exchanging or otherwise disposing off the Flat  in Kashish Apartments-IV

b)     Death of Owner,  However  the Legatee shall automatically continue as Member. In the case of Joint Owners, the surviving Owner shall continue as Member;

c)     The membership may be suspended if:

  • on account of subversive and detrimental conduct in violation of the aims and objectives of the Association.
  • in cases of failure in paying monthly subscription for the six consecutive months even after a reminder by the Governing Body.

Governing Body may revoke the suspension of the member on his/her written understanding to abide the bye laws of the association and/or on clearing all the dues he/she owes to the association, as the case may be.

4.  THE GOVERNING BODY:

The Governing Body shall consist the following office bearers.

(a)   PRESIDENT                                   ONE

(b)  VICE PRESIDENT                          ONE

(c)  GENERAL SECRETARY                ONE

(d)  TREASURER                                    ONE

(e)  EXECUTIVE MEMBERS                 TWO ( One from each remaining block)

5.  THE GENERAL BODY:

a)   All the members of the Association shall comprise the General Body.

b)  The General Body shall pass the annual report, audited accounts and other documents and shall formulate policies and issue necessary directions to the Governing Body.

c)  The General Body shall be the supreme and final authority for disposal of all matters concerning the Welfare Association.

6.  FUNCTIONS OF THE GENERAL BODY:

a)    To consider any activity brought forward by the Governing Body;

b)    To elect the Governing Body;

c)    To oversee the account of the association from time to time;

d)    There shall be an annual meeting of the General Body in which the account and account of performance will be reviewed;

e)    Not less than 7 days notice shall be given to the members before the day of General Body meeting enclosing the agenda specifying date, time and place;

f)     In case of any emergency the General Body meeting may be convened at any time.  In such cases at least twenty four hours notice shall be given, and

f)      Quorum  shall be 1/3rd of the members.

7.  FUNCTIONS OF THE GOVERNING BODY:

a)    The Governing Body shall meet at least once in a quarter;

b)    The Governing Body shall make plans for the future programme of the association;

c)     To collect membership fee, monthly subscription, collection for special occasions.

d)    To accept donations, charities, loans, grants etc. from public, other association agencies, government departments in the interest or promotion of the aims and objectives of the association.

e)    To arrange finance if required from various sources such as institutions and individuals on reasonable terms and conditions.

f)    All decisions taken at the Governing Body meeting shall be on democratic principles and be decided by a simple majority of votes of the members present and voting.

8.  MANAGEMENT OF FUNDS

The funds of the Welfare Association shall consist of

(i)   Subscriptions collected from the members.

(ii) Special subscriptions, donations etc. collected from members as well as from non-members for special occasions etc.

(iii)   Grants-in-Aids from any outside agency.

  • Money not likely to be required for immediate disbursement shall be lodged in a Savings Bank Account opened in the name of Resident Welfare Association, Kashish Apartments-IV, Officer Colony, Near DIET, JBT Road, Solan, (HP)  in any scheduled bank.
  • The bank account of the association shall be operated by any two of the following:
  •  President,
  • General Secretary, and
  • Treasurer.
  • Funds not required for a long period be invested in fixed deposit with the  bank or in shape of N.S.C. in the name of the Resident Welfare Association.  However the Treasurer can keep cash in hand up to Rs.500/-  only and to deposit excess funds, if any, in the Bank.  All such deposits and withdrawals shall only be made with the approval of the Governing Body

9.  DUTIES, RESPONSIBILITIES AND PRIVILEGES OF THE MEMBERS.

Every member shall have:-

  1. One vote and have right to vote as and when necessary and he/she has a right to authorize a proxy to vote in his absence.
  2. The responsibility to abide by the provisions of the KARWA and the bye-laws, rules, regulations, appeals and orders issued there under from time to time.
  3. The responsibility to maintain discipline, peace and tranquillity  and none of their actions shall create ill feeling among other members or the residents in the vicinity.  They shall not indulge in such activities, which are detrimental to the common interests of the residents.
  4. A right to participate in all the activities and avail all amenities of the KARWA subject to the bye-laws and other rules in force from time to time.
  5. A right to participate in the proceedings of the General Body meetings.
  6. A right to scrutinize the minutes of the General Body meeting provided that a prior notice in writing of at least a week shall be given to the General Secretary.
  7. To ensure that their servants and children etc. do not throw items like plastic bags, bottles, waste paper, cartons, cigarette butts or Gutaka/Pan pouches etc. out of the Windows or balconies of their apartments or  in any common area.
  8. To ensure that no one spit in the common area of the apartments.
  9. To  observe all Common Areas as ‘No Smoking’ areas.
  10. To guide their family members to maintain discipline, peace and tranquility in the premises and apprise them about the day to day decisions of the KARWA on matters of common interest.
  11. To park his/her vehicle at the place allotted to him/her. Visitors' vehicles shall be parked only in the designated area in the apartments. Parking should be done is such a way that path for the movement of others vehicle remain clear and unobstructed.
  12. To ensure that parking area should not be used for other than parking of vehicles. No structure  of   any  kind  whatsoever  temporary  or   permanent  shall  be  erected  or fence/partition  put  up  and water tanks or any machinery, or equipment, like generators  etc be permanently installed in the common areas such as parking area, staircase, and other such places, unless such installation and/or construction etc. serves the common interest of the residents.
  13. To ensure that common areas such as parking, staircase, and other such places are not used for storage of household and/or commercial goods.
  14. To seek the permission of the Governing Body to use any portion of the parking area for organising any event . The Governing Body  may grant permission for such occupation, for short periods, for marriages or other social functions, at their discretion, provided that the premises so used is released in the same condition as it was taken, and the cost of cleaning the premises, or repairing damages if any, is borne by the user.
  15. To ensure that their children do not play cricket or football etc. in the parking area to avoid any damages to the vehicles parked their in.

10. FILLING OF CASUAL VACANCIES:

The casual vacancies in the Governing Body may be filled up by the resolution passed by the majority of votes by the members of the General Body, present and voting, for rest of the terms.

11. POWERS AND FUNCTIONS OF GOVERNING BODY:

PRESIDENT:-

The President shall

(i)    Guide and advise the KARWA for its smooth and effective function and shall normally preside over all meetings of the Governing Body and the General Body.

(ii)   Resolutions in the General Body and the Governing Body meetings shall be carried by a majority of votes.  In case of a deadlock or a tie the President shall have the power of casting his deciding vote.

VICE-PRESIDENT

The Vice-President shall assist the President in discharge of his duties.  He shall in the absence of the President preside over the meetings of the Governing Body and the General Body and discharge all other functions of the President.

GENERAL SECRETARY

The General Secretary shall

(i)       Be the chief coordinator  of the Governing Body  and its spokesman

(ii)     In consultation with the President convene all meetings of the Governing Body as well as General Body

(iii)     Record proceedings of all meetings, keep a control over the expenditure, exercise general supervision and conduct day to day affairs of the KARWA.

(iv)     Implement the policies and convey carry out the direction of the Governing Body as well as the General Body.

(v)     Along with the treasurer be responsible for proper maintenance of accounts records.

(vi)     Have the power to incur non-recurring expenditure upto Rs.500/- at a time on his own accord to meet the certain emergent/unforeseen nature of expenditure.  He shall obtain prior sanction of the Governing Body for non-recurring expenditure in excess of Rs.500/- and for every recurring expenditure irrespective of monetary value.

TREASURER

The treasurer shall:-

(i)    Be the custodian of the funds of the KARWA and shall be responsible for its accountability.

(ii)    Receive/Collect subscriptions from members regularly.

(iii)  Receive donations etc. for and on behalf of the KARWA with approval of the Governing Body.

(iv)  Issue receipts for all collections and obtain vouchers for all expenditure incurred.

(v)   Maintain cash book and other subsidiary records and prepare periodical and annual accounts in consultation with the General Secretary.  He may prepare a defaulters' list once in six months

EXECUTIVE MEMBER

An Executive Member shall:-

(i)    Make himself/herself available for meetings of the Governing Body and assist the office bearers in the smooth running of the affairs of the Association.

(ii)    Put up the matters of important nature in the Governing Body’s meeting and shall take further action as per the decision of the committee

(iii)     Assist in the collection of subscription and other dues to the KARWA.

(iv)    Implement the policies and carry out the directions of the Governing Body as well as the General Body.

12.  ELECTION AND TERM OF OFFICE:

a)  The Governing Body of the association will be elected by secret ballot for a period of two years.

b)  New Governing Body shall be elected at the Annual General Body Meeting.

c)   Members whose subscription and other dues are not in arrears for more than 30 days on the day of election shall be eligible to vote and/or contest election

d)   Every member present and voting shall have one vote.

e)   The retiring Governing Body members are eligible for re-election.

f)   No Governing Body  member  shall  be  eligible  for  election  for  more  than  two  consecutive terms. It is clarified that such member is eligible for the re-election to the Committee of  management after a gap of one year.

13.  QUORUM

a) GENERAL BODY MEETING

1/3 of the total resident members shall form the quorum of a General Body meeting.  An adjourned meeting for want of quorum shall require no quorum.

b) GOVERNING BODY MEETING

Quorum for Governing Body meeting shall be 3 including President or Vice-President and General Secretary or Treasurer.

14. AUDIT:

The account of the association shall be audited at least once in a year by qualified auditor or Audit Committee  as appointed by the Governing Body.

15. LEGAL PROCEEDINGS:

The association may sue or be sued in the name of the president as provided under section 6 of the Societies Registration Act, 2006

16. NO CONFIDENCE MOTION / REMOVAL / IMPEACHMENT:

Should a situation arise, such a motion shall be moved as stipulated below:

a)  If the Governing Body decides with a majority of 3/4th votes in favor of No Confidence/ Removal / Impeachment Motion against the President  or any member of the Governing Body, or on receipt of a request from 1/4th of total number of members in the General Body, a  Special General Body Meeting  shall be called within 15 days of passing of such a motion.

b) General Body shall decide on the matter. The quorum for Special General Body Meetings shall be 50% of the total members on roll and decision will be valid if the 3/4th majority of the members present and voting in that meeting vote in favour of such a decision.

17. AMENDMENT TO THE CONSTITUTION

Any amendment to the constitution shall be effected only by the General Body at its annual meeting or at the extra ordinary meeting specially convened for the purpose with the approval of two thirds of the members present at the meeting which shall however be not less than 50% of the members on the rolls who are eligible to vote.

18. DISSOLUTION

The Residents Welfare Association shall be dissolved   by a decision of 2/3rd majority of the registered members.  A board of Trustees shall be elected by the members on dissolution who shall dispose of the assets and liabilities of the Welfare Association.

19. APPLICATION OF THE ACT

Himachal Pradesh Societies Registration Act, 2006 as applicable shall govern the affairs of the Association.

These Bye-Laws shall come into force on the day of formation of Kashish Apartments Residents Welfare Association (KARWA).

President

General Secretary

Treasurer