F T Y
NOTICE
  • WELCOME TO OFFICIAL WEBSITE OF DEBASHRAM
RULES AND REGULATIONS (BYE-LAWS) OF Debashram Apartment Owners Welfare Society
At : Kesura, Po. : Bankuala, P.S. Sahid Nagar, Bhubaneswar, Dist : Khurda
PIN - 751 002

RULES AND REGULATIONS (BYE-LAWS) OF Debashram Apartment Owners Welfare Society.

  • 1. Short Title: The Rules and Regulations (Bye-Laws) shall be called as the “RULES AND REGULATIONS OF DEBASHRAM APARTMENT OWNERS WELFARE SOCIETY
  • 2. Name of the Association shall be: “Debashram Apartment Owners Welfare Society” here in after will be called “THE SOCIETY”.
  • 3. Office of the Society: The office of the Society shall function in the Campus of Debashram, at : Kesura, Po. Bankual, P.S. Sahid Nagar, Bhubaneswar, Dist : Khurda- 751 002.
  • 4. Registered Address: The registered official address of the society shall be Debashram Apartment Owners Welfare Society At : Kesura, Po. Bankual, P.
  • 5. Area of Operation: The area of Operation of the Society shall extend to the residential flats except Club House of Debashram Housing Project at Kesura, Bhubaneswar - 751 002..
  • 6. Aims and Objectives of the Association: The aims and objectives of the Society shall be as follows :
    • a) To provide administration, maintenance, repair & replacement of common area and facilities provided in the apartment complex.
    • b) To ensure safety and security of the apartment premises including the common area and facilities.
    • c) To encourage literature, fine arts and culture and develop fraternity among the apartment owners and occupants and encourage them for maintaining a sense of fellow feeling and togetherness in the spirit of peaceful co-existence.
    • d) To make provision of consumer store, canteen, transport facilities etc.
    • e) To have a Management Committee in the manner prescribed in the bye laws and to define the powers and duties of the committee/office bearers.
    • f) To appoint/engage Manager, Agents and employees for discharging the duties and responsibilities assigned/delegated to them by the General Body of the Society for maintenance and upkeep of the premises.
    • g) To formulate a code of conduct to be observed by the owners of the apartments and the users/tenants residing therein and for the maintenance of the complex as well as common areas and facilities with the approval of the General Body and within the frame work of the Act.
  • 7. Definitions: In the Bye-Laws the following expressions shall have the meaning as defined unless the subject matter or contexts are inconsistent there with:
    • a) “Society” means “Debashram Apartment Owners Welfare Society”.
    • b) “Act” means: The Orissa Apartment Ownership Act, 1992 and Rules framed there under.
    • c) “Apartment” means: The part of a property intended for any type of independent use including one or more rooms or part/parts thereof in the apartment complex intended to be used for residence with common area and facilities.
    • d) “Apartment Number” means: The number identifying the apartment in the declaration.
    • e) “Apartment Owner” means; The person or persons owning apartments within the Debashram Apartment Complex together with an undivided interest in the common areas and facilities and in whose name(s) proportionate land has been registered.
    • f) “Society of Apartment Owners” means: An association of apartment owners formed and acting as a group in accordance with the provisions made in the By-Laws and the declaration.
    • g) “Building” means: The residential apartment complex containing independent apartments/units, known as “Debashram Housing Project” located at Kesura, Bhubaneswar, Dist: Khurda - 751 002.
    • h) “Promoter” shall mean State Bank of India Staff Association Cooperative Ltd. registered under Orissa Co-operative Act and having its registered office at Collectorate Compound, P.O. Chandinichouk, Cuttack - 753 002 and shall include their respective successor(s) and assignees.
    • i) “Common area and facilities” means: As defined in the act and includes land, internal roads, lawns and other areas and facilities for being used and enjoyed by the occupants of Debashram Housing project, excluding Club House, the ownership of which exclusively lies with the promoter.
    • j) “Club House” : The building situated in the middle of the project meant for the community/social activities including the appurtenances, roofs, halls, corridors, lobbies, stair ways, entrance, exits yards, gardens, lawns adjacent to it and all electric installations, sanitary fittings, will here after be referred as Club House.
      The Club House partly or fully excluding such space in use of the Promoter may be made available to the Society. This facility may be avail by the members on application to the promoter through the society and on fulfilling the terms and conditions framed by the promoter.
    • k). “Common Expenses” means:
      • i. Expenses of administration/security arrangement, maintenance, repair or replacement and upkeep of the common areas and facilities.
      • ii. Expenses agreed upon as common expenses by the society of apartment owners (allottees/ lessees/tenants, authorized by the owner in his behalf) Expenses declared as common expenses by the provisions of the act or by the declaration or the Bye-Laws.
    • l) “Common Profit” means: The balance of all income, rent, profits and revenues from the common areas and facilities remaining after the deduction of common expenses.
    • m) Competent authority means: The authority that will be appointed by the State Government as per the Provisions of the Orissa Apartment Ownership Act’ 1982.
    • n) “Declaration” means: The instrument, which the owner/owners has/have executed and registered as provided under section 12, 13 and 15 of the Act.
    • o) “Joint Family” means: Undivided Hindu family, a family in the case of other persons, a group of units, the members of which are by custom in joint possession or residents.
    • p) Specified Relatives : Specified Relatives shall mean spouse, father, mother, son and daughter.
    • q) “Majority” or “Majority of Apartment Owners” means: The Majority members means more than 50% of members present and voting in General Body or in the managment committee as the case may be.
    • r) “Occupant(s)” or “The Occupant(s) of the Flats” means the owner, guest, servant or tenant as the case may be including their family members.
    • s) “Person” includes a joint Family.
    • t) “Prescribed” means: Prescribed under this byelaws/ Apartment Ownership Act and Rules framed there under or the provisions made in the Bye-Law of the Society.
    • u) “Property” means: The Land, the building, all improvements and structures thereon and the common areas and facilities and all easements, rights and appurtenances attached thereon and all articles or personal property intended for use in connection therewith.
    • v) “Year” means: Financial year commencing from 1st April and ending on 31st March of the succeeding year.
    • w) “General Body” means: A body constituted by all the owners and/or their representatives who are entitled to participate or vote in the General Body meeting.
  • 8. All words and expressions not defined in the Bye-Laws shall have the same meaning as defined in the Orissa Apartment Ownership Act’ 1982 and the Rules framed there under. Should any conflict arises bewteen provisions in the Bye-law and The Orissa Apartment Ownership Act, 1982, the later should have overriding effect.
  • 9. Membership: All the Apartment Owners shall be members of the society subject to the following conditions
    • a) He/She must be of the age of eighteen years or more, In case an apartment Owner is below 18 years of age, his/her parent/legal guardian may be a member till the apartment owner becomes a major.
    • b) In case apartment owner is of unsound mind or otherwise disabled, his/her legal representative, nominee or assignee will be considered for membership.
      • 1. Admission fees of Membership: Each Member shall contribute a non-refundable sum of `.100/- (Rupees One Hundred Only) towards admission fees.
      • 2. Maintenance Fees: Maintenance fees shall be payable by all the members at the rates as would be decided by the general body of the society. It should be paid either on yearly basis or quarterly basis or monthly basis as would be decided by the general body.
        The liability of the monthly maintenance charges or fees or any other charge as fixed by the General Body of the Society shall rest with the owners of the apartments at all times.
      • 3. Maintenance Corpus Deposit : A maintenance corpus deposit collected shall form the corpus fund of the Society and shall not be utilized for any routine expenditure by the Management Committee. However the Management Committee can take loans for periods not exceeding one year from the corpus fund to meet emergencies subject to ratification by the General Body.
      • 4. Cessation of membership : The membership of the society shall cease suo-moto with the cessation of ownership of the apartment.
      • 5. Upon the sale or transfer of an apartment, by the member of the society the purchaser of the apartment/transferee shall become the member on payment of membership fees and other dues if any along with application. In the event of the death of a member the legal heir/ successor shall automatically become a member of the society.
      • 6. Where apartment has been purchased jointly by two or more persons, they shall be entitled to one membership of the society who should be authorised by the co-owner(s).
      • 7. A person having more than one apartment shall be entitled to one membership only.
  • 10. Rights, Duties and Privileges of a Member : Subject to the provision of this Bye-Laws, a member of the society can exercise the following rights and privileges:
    • a) Right to vote in General Body Meeting.
    • b) Right to move resolutions in general body and take part in the election process of the society.
    • c) Right to have information about the working and accounts of the society.
    • d) Only a member or a specified relative residing in the apartment concerned duly authorised by the member shall have the right to be a candidate for the management committee to be nominated / elected by the general body or to fill up any casual vacancy that may occure in the management committee for any reason.
    • e) Each member of this society shall comply with the Bye-Laws and with the covenants, conditions and restrictions set forth in the declaration and failure to comply the same shall be a ground for action for damage(s) or any punitive measure at the instance of the secretary of the management committee on behalf of the society or any other stringent action which the society may deem fit and proper in the circumstances.
    • f) No apartment owner shall do any work, which would be prejudicial to the soundness or safety of the property or would reduce the value thereof or impair any casement or hereditament nor shall add any material structure or excavate any basement or cellar. It is expressly made clear that no apartment owner shall do any act or shall cause to be done by which the exterior view/show of the complex shall be changed in any manner whatsoever.
    • g) No encumbrances of any nature shall be created in respect of the entire land/property over which all the members have undivided interest except through individual ownership for which due permission and sanction has to be taken from the society/competent authority.
    • h) The common expenses shall be charged on the members of the society as decided/determined by the management committee. The common profit/ gains of the property if any, shall be judiciously invested for the interest of the members.
    • i) No member shall exempt himself from the liability of his contribution towards common expenses by waiver of the use or enjoyment of any of the common areas and facilities or abandonment of his apartment.
    • j) Each apartment shall constitute of single residential unit, transferable and heritable as such, but shall not be partitioned or subdivided for any purpose whatsoever.
    • k) Each apartment owner present or future shall be entitled to an undivided interest on the common areas and facilities.
    • l) That the common areas and facilities, general or restricted shall remain undivided and that no owner shall bring any action for partition or division thereof under any circumstances.
    • m) The percentage of the undivided interest in the general or restricted common areas and facilities as expressed in the declaration, shall not be altered except declaration with the consent of all the apartment owners expressed in an amended declaration duly executed and registered as provided in the Act/Rules.
    • n) During the period the Orissa Apartment Ownership Act and Rules remain in force no encumbrances of any nature shall be created against the property (Project Land) though such an encumbrance may be created only against individual apartment and the percentage of the undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner as in relation to any separate parcel of property subject to individual ownership.
    • o) The undivided interest in the common area and facilities shall be construed to be an integral part of the apartment and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or the instrument.
    • p) No apartment owner shall sell, transfer, rentout or otherwise dispose off his apartment or enter in to any arrangement whatsoever in respect thereof, in any manner other than for residential purpose. The owner shall not carry out any commercial or business activities of any nature from or in the apartment. However any owner being a professional, like a doctor, whose service may be required at any hour, entertain his clients (only in case of emergency), but in such a manner that it should not create any inconvenience or disturbance of any nature to any other owner occupants in general.
    • q) For proper and effective administration of the property and for proper maintenance, repair, replacement of the common areas and facilities the apartment owner shall strictly comply with the provisions of the Orissa Apartment Ownership Act and rules and regulation spelt out in the Bye-Laws and shall pay their share of common expenses as assessed by the society and the failure to comply with any such requirement shall be a ground for action for damage or for other relief by the society or in a proper case, by an aggrieved apartment owner.
    • r) No member shall use his/her apartment for any purpose other than for residential purpose for which permission has been obtained from the Bhubaneswar Development Authority. He shall not let out his/her flat specifically for office/restaurant/ or any such commercial purpose like coaching centre which shall affect the privacy of other owners.
    • s) All pets such as Dogs/Cats shall be kept inside the flat of the owner and whenever they shall be required to be taken out shall be accompanied by an adult member and shall be chained in case of dogs. The pets are not allowed to be taken to the terrace floor and inside the lift cars.
    • t) The following clause shall be incorporated in all the house rent agreement entered by the owners. The owners shall remain responsible for all acts and deeds of tenant pertaining to the apartment complex and the Society. If for any reason it is felt by the management committee of the Society that the acts or deed of a tenant is proving detrimental to the common interest of others who are staying in the complex, the management committee shall be empowered to issue necessary notice and even ask the tenant to vacate the premises.
    • u) The owners shall furnish to the society in its prescribed format mentioning detailed particulars of his tenant and shall also forward a copy of the lease agreement entered into with the tenant to the society at least 7 days before given his/her flat on rent.
    • v) The terrace floor of the apartment complex shall not be used for private purpose for private functions and shall remain open for the owners as specified by the Society. However the management committee may allow private function on specific request in writing by a owner indicating the purpose and nature of activities and number of persons who will attend the same. No temporary structure will be allowed to be erected on the terrace.
    • w) The Owners who shall rent out their flats shall be required to deposit the monthly maintenance fees of the Society in advance for such period as decided by the management committee.
  • 11. The Management Committee will consist of 15 members to be elected by the General Body proportionately to form the Management Committee. Such as Balmiki (HIG) — 3, Basisth (MIG) — 6, Byas (LIG) — 5 and the promoter or his nominee by virtue of being the owner of the Club House shall be ifsofacto member of the Management Committee.
    The members of the Management Committee so elected/ nominated will elect the under noted office bearrers of the management committee from amongst them within a fortnight of such election/nomination.
    One President, One Vice-President, One Secretary, One Joint Secretary and One Treasurer.
  • 12. Functions of the Management Committee.
    • a) The management committee shall observe the conditions and provisions contained in the Act and Rules and this Bye-Laws. The Management Committee shall have powers and duties necessary for the proper administration of the affairs of the Society.
    • b) To frame rules and regulations for conduct of the business of the society in conformity with aims and objectives.
    • c) All affairs relating to the administration of the society including building common areas and facilities shall be administered by the management committee and in turn shall be accountable to the general body.
    • d) The Management Committee shall ensure that:
      • i) The undivided interest of each member in the common areas and facilities expressed in the declaration, shall not be altered without the consent of majority of the member of the society expressed in the amended declaration deed executed and registered.
      • ii) Each member of the society may use common areas and facilities for the purpose for which they are intended, to be used without hindering or encroaching upon the lawful right of other members.
      • iii) Necessary works relating to the maintenance, repair and replacement of common areas and facilities and/or any additions or improvements thereto shall be carried out timely and in accordance with the provisions of the Bye- Laws.
    • e) Office bearers of the management committee and the competent authority if considered necessary, shall have access to each apartment from time to time, during reasonable hours with prior information to the occupant for maintenance, repair and replacements of any common areas and facilities therein, to prevent any damage to the common areas and facilities or to another apartment or apartments or for any other matter which the committee/authority may deem fit and proper.
    • f) The management committee shall prepare annual budget of the society and place the same before the general body for approval.
    • g) Management Committee shall take appropriate steps to provide fire protection and ensure safety, sanitation and clean environment of the apartments and premises.
    • h) The Management Committee may employ the agencies/persons for execution of the works for maintenance repair and replacements of common areas and facilities.
    • i) The Management Committee shall take initiative in order to ensure necessary security of the apartments through recognised agencies.
    • j) The management committee shall appoint, promote, suspend or dismiss employees and to frame rules and regulations of service conditions for the employees of “DEBASHRAM APARTMENT OWNERS WELFARE SOCIETY, BHUBANESWAR”.
    • k) The management committee shall stop the construction, creation, installation of any structure, article or equipment not authorized by the local laws or guidance issued by the soceity from time to time and if any occupant does not comply with the directive of the society, the Society is authorised to report the matter to the concerned local authorities for appropriate action/initiate appropriate action.
    • l) The management committee is authorised to stop any service or facility in case the owner has defaulted in payment of any charge/fee/bill to the society or to any person or agency appointed by the society.
  • 13. Duties of Office Bearers:
    • a) PRESIDENT: The president shall be the Chief Executive Officer of the Society. The President shall preside over all management committee and general body meeting of the society. He shall have a casting vote in case of the tie and shall supervise and inspect the society office periodically and shall also see that administration and maintenance of the property are governed as per the provisions of the Bye-Laws/Acts/Rules in force.
      In cases of emergency he shall convene special meetings of the Management Committee or General Body by notice which may be of 15 days normally but shall not in any case be less than 2 clear days. However in extra ordinary circumstances he may convene an emergency meeting at his discretion with not less than 12 hours notice.
      The President shall be competent to take decisions as are of urgent and emergent nature effecting the policy of the society, on behalf of the management committee and any other committee, which will be placed before the next meeting of the management committee or the general body as the case may be, for ratification.
    • b) VICE-PRESIDENT: He shall carry out all such duties, functions of the president in his absence or as authorized by the president.
    • c) SECRETARY:
      • I. The Secretary shall be responsible for the proper discharge and execution of orders, resolutions and functions of the society.
      • II. He shall look after the interest of the society and carry out its work in accordance with the provisions of Bye-Laws/Acts/Rules.
      • III. He shall remain in-charge of the office and shall record the proceeding of all meetings exercise proper supervision over the treasurer pertaining to maintenance of cash book and other registers of the soceity.
      • IV. He is the custodian of all records of the society and shall attend to all correspondence on behalf of the society.
      • V. He shall remain in-charge as custodian of all properties of the society.
      • VI. As decided by the management committee he shall appoint salaried and non-salaried employees/officers for conduct of business of the society and define their duties and responsibilities.
      • VII. As decided by the management committee he shall warn, suspend, remove, and dismiss any salaried / non-salaried employee appointed by him or the management committee.
      • VIII. He shall convene all meetings of the society in consultation with the president and prepare agenda for the same.
      • IX. He shall sign the cash book and the receipts issued by the Treasurer towards collections made and also authorize the expenses voucher.
      • X. He shall have the power to incur unforeseen expenses upto `.1000/- at a time but not exceeding `. 5000/- in a year, with the approval of the President or in his absence the Vice President and such expenses shall be reported at the next meeting of the Management Committee.
      • XI. He shall deal with cases of cessation of membership.
      • XII. He shall bring to the notice of the management committee the cases of defaults of the members in payment of charges of the society or any breach of rules and to issue notice to such members for payment of arrear charges.
      • XIII. He shall comply with statutory requirements concerning the society.
      • XIV. The Secretary shall have power to regulate the use of common areas, including open spaces, landing areas, staircases, terraces, etc, keeping in view the common good of the members. He shall have the irrevocable right, on behalf of the management committee to have access to each apartment with the workmen and others from time to time, during reasonable hours if considered necessary for maintenance, repair, replacement connected with any of the common areas and facilities there in or accessible there prompt or for making emergency repair therein to prevent any damage to the common areas and facility or to other apartment(s).
      • XV. All amounts collected shall be deposited in an account to be opened in any bank as decided by the Management Committee and all expenditure and withdrawals exceeding `.5000/- will be met only by cheques which have to be jointly drawn by the Treasurer, Secretary in his absence Joint Secretary and President or in his absence the Vice President.
    • d). TREASURER: The treasurer shall be responsible for the funds and securities of the society and he shall maintain full and accurate accounts of all receipts and disbursement in the Books of Accounts. He shall also perform the duties such as.
      • i. He shall be the custodian of all the ledgers/ books of accounts maintained by the society in usual course of business.
      • ii. He shall receive all amounts on behalf of the society and issue receipt against them.
      • III. He shall keep accounts of all amounts and valuables in Books of Accounts. He shall settle and ensure payment of all bills, costs towards maintenance and management of the society including payment of all statutory revenue to local authorities as well as working expenses under his signature along with the Secretary.
      • IV. He shall prepare and submit to the Management Committee a Budget estimate showing in details the income, expenditure of the society under different heads for the next financial year.
      • V. He shall produce all books of accounts before the Auditors of the Society at the end of every financial year for the purpose of audit.
      • VI. He shall be entitled to retain in his personal custody an amount up to `.5,000/- (Rupees Five Thousand Only) for meeting sundry expenses, after due consultation with the Secretary.
    • e) MANAGEMENT COMMITTEE MEMBERS: The members of the management committee will allow and advise the office bearers in exercise of their functions/duties.
  • 14. Power of the Management Committee: Without restricting the general power conferred, the following powers and duties are expressly given to and conferred upon the management committee.
    • a) To raise funds.
    • b) To invest fund.
    • c) To admit new members in the society as and when a person becomes owner of an apartment and is eligible as per these bye-Laws to be a member
    • d) To enforce recovery of any debt or demand of the society or to institute or defend or compromise legal proceedings; and
    • e) To appoint sub-committee as may be deemed necessary from time to time and define-their powers and duties and;
    • f) To frame regulations for the conduct of the business of the society.
    • g). The management committee shall have the power to initiate disciplinary action against any member/ occupant(s) on ground of violating the letter and spirit of the Bye-Laws for non payment of society dues, for not adhering to the general code of conduct adopted by the society, for causing damage to the building and for commiting any misconduct or for such other matter about which the committee feels and satisfy itself to take action. Such action can be in nature of warning or imposition of penalty or both. Three consecutive penalty or warning or both shall be sufficient for Management Committee to bring the matter to the General body for initiating/taking appropriate actions against the member/occupant(s).
    • h) The management committee shall fill up casual vacancy(ies) arising in the management committee by co-option. The management committee may invite special invitees to attend the meeting of the Management Committee and General Body Meeting.
  • 15. Meetings: The management committee shall meet at least once in every two calendar months and between two meetings of the committee there should not be a gap of more than 60 days. General Body Meeting of the members of the society shall be held once in every year. In case of an emergency or to transact any extra ordinary business, Extra Ordinary General Body Meeting may be called at the recommendation of the management committee or by requisition of 1/3rd of the members of the society. All general body meetings shall be convened by sending one month’s prior notice signed by the secretary or in his place by any member duly authorized by the management committee and in case of emergency/ extra ordinary general body meeting notice be served at least before 24 hours of the commencement of the meeting.
  • 16. Functions: Any programme/function shall take place after due approval of the management committee.
  • 17. Quorum: The quorum in the General Body meeting shall be 1/3rd of the total membership of the society and the quorum for management committee will be more than 50%. In the absence of aforesaid quorum, the meeting would be adjourned and the adjourned meeting may be held without quorum.
  • 18. Election: The election to the the management committee of the society shall be held once in two years in the Annual General Body Meeting. The management committee shall appoint any senior member(s) as Election Officer(s) to conduct the election of the society.
  • 19. Removal of Office Bearers and Members of the Management Committee: Management Committee in its meeting and by a resolution passed by 2/3rd majority may remove any office bearer and member of the management committee for following reasons:
    • a) He/She fails to attend three consecutive meetings of the society without convincing reasons: and
    • b) If his/her activity is found to be detrimental to the aims and objectives of the society; and
    • c) He/She is a defaulter in making payment of the dues of the society; and
    • d) He/She deviates or puts any hindrance or becomes a cause for the hindrance to the decision of the management committee/general body regarding the developmental work in the common areas and facilities
    • e) He/She is found to be of unsound mind or is convicted in any criminal case/adjudged as insolvent by any competent court of law.
    • f) He/she permanently physically incapacitated. However the decision of removal so taken in the management committee will be placed in the next general body meeting for ratification.
  • 20. General Body: The general body is the final authority in all affairs and matters relating to the members, who constitute the general body. It shall meet from time to time and at least once in a year to conduct the business of the society.
    The general body shall transact the following agenda :
    • a) The election of the members of the management committee
    • b) Approval of annual report and annual statement of accounts of the Society:
    • c) The amendment or repeal of any existing Bye-Law or the enactment of a new Bye-Law. (if the Bye- Law of the Society is inconsistent with the provisions of the Act and Rules on account of subsequent amendment, the Society shall amend the Bye-Laws so as to bring them in conformity with the provisions of the amended statute).
    • d) It may approve admission of new member;
    • e) Removal of member(s) of the management committee, if required;
    • f) The consideration of any complaint/ suggestion which any individual member may prefer;
    • g) Consideration of the budget estimate of the Society for next financial year.
    • h) Appointment of Auditors.
    • i) Any other matter with the permission of the chair.
  • 21. Extra Ordinary Meeting of the General Body: The Management Committee may at any time call an extra ordinary general body meeting of the Society for the conduct of extra ordinary business and shall call such a meeting within 7 days of receipt of a requisition in writing by at least 1/3rd members.
  • 22. Prohibition of Admission: No members shall be admitted during the 30 days preceding the date fixed for annual general body meeting in which election of management committee is scheduled to be held.
  • 23. Notice of the General Body Meeting: A notice of the general body meeting stating the date, place and time of the meeting together with agenda to be transacted shall be sent to every member, at least 30 clear days before the date of meeting under certificate of posting or by affixing a copy of the notice on the Society office notice board or by circulation in the notice book and getting signatures of the members on it, Non-receipt of the notice by any member shall not invalidate the proceedings of any meeting.
  • 24. Voting in General Body: Every resolution of a general body meeting shall be decided by a majority of votes of the members present and voting. In case of a tie, the president of the meeting shall have a casting vote.
  • 25. Funds: The funds of the Society shall be from the following sources.
    • a. Entrance fees of membership.
    • b. Subscription of members/owners/allot tees/tenant.
  • 26. Audit: The accounts of the Society shall be audited by a Chartered Accountant or qualified Auditor appointed by the management committee and approved by the general body.
  • 27. Accounts: There shall be an account in the name of the society in a bank at Bhubaneswar. The account will be operated upon jointly by the Treasurer along with Secretary and President. In absence of the Secretary and the President, the Joint Secretary and Vice-President are respectively authorised to operate the account jointly with the Treasurer.
  • 28. Requisition: The secretary on requisition signed by 5 members of the management committee shall convene an extra ordinary meeting of the management committee to be held within 7days of the receipt of the requisition by the secretary. The requisition shall specify the agenda of such meeting.
  • 29. Legal Action: The Chief Executive of the Society may institute legal action on behalf of the Society. The Chief Executive shall sue or be sued on behalf of the Society for all movable or immovable properties, other matters of common interest.
  • 30. Amendments of Bye-Laws: The Bye-Laws of the Society may be amended in a general body meeting by the majority of 2/3rd of the members of the Society provided that no modification/amendment to the Bye-Laws shall be valid, unless set forth in an amendment to the declaration referred to in the Bye-Laws and such amendment will be duly registered and copies thereof is duly filed and accepted by the authority.
  • 31. Functions of Society to be discharged by the Authority in certain circumstances: In extra ordinary circumstances where more than 2/3rd of members of the Society will suggest in writing that the competent authority may discharge the functions of the Society, the said authority may discharge the functions of the Society of apartment owners for such period as may be deemed necessary. Such rights shall be exercised, where the members are satisfied that for certain cognate reasons, it is not possible for the Society to discharge its normal duties/functions, provided that a resolution to that effect shall be passed at a meeting of the Society attended by more than 2/3rd of members. In case of dissolution of the Society for infringement of provisions of Bye-Laws/act and rules, the authority may discharge the functions set forth in the bye-laws for such period as may be deemed necessary but not more than 3 months, within which the authority will conduct election to form new management committee.
  • 32. Act to be binding on Members (Apartments Owners/ Tenants)
    • a). All agreements, decision and resolutions and order lawfully made by the Society shall be binding on all members.
    • b). All apartment owners, allottees, tenants of such owners and employees of such owners shall use common areas and facilities as per the Act Bye- Laws or the declaration.
  • 33. Dissolution: The Society may be dissolved by 3/5th of its membership voting in a special general body meeting convened for the purpose. Upon dissolution, the assets of the Society will be handed over to a similar type of registered Society or to the Government after clearing up all its debts and liabilities.
  • 34. GENERAL
    • (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 or spitting.
      They should not damage the complex or cause it to be damaged in any manner whatsoever.
    • (b) MAINTENANCE : Maintenance services for common areas / outside area of the apartments are provided by the Society. But the repair and maintenance of individual apartments or the replacement of plumbing etc and other equipment is the responsibility of the individual flat owners themselves or of their tenants, as per any lease agreements entered into between them. However, subject 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) ALTERATIONS : Alteration(s), including structural & external is not permissible in the building / Complex, as this would attract penalties from the concerned authorities besides spoiling/damaging the attractive facade of the buildings and the outer walls. Internal non-structural alterations / additions to toilets, baths etc. need to be similar to the existing facilities. Alterations of any type should not affect the strength and safety of load-bearing walls or pillars.
    • (d) OCCUPANTS/TENANTS : List of persons residing inside the appartment should be furnished to the office for meeting the statutory requirement. Flats in the complex can be letout to persons only for residential purpose who should meet following criteria :
      • Apartment Owner has to ensure that his / her tenant follow the Bye-laws of the Society.
      • The tenant shall not create nuisances or any other act so that his / her neighbour or other residents face any problem.
    • (e) COMMERCIAL USE OF FLAT
      • No member is allowed to utilise his premises for any type of commercial use.
  • 35. RESTRICTION ON THE USE OF COMMON AREAS:
    • (a) 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.
    • (b) 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.
    • (c) MISCELLANEOUS ACTIVITIES : Residents shall not use corridors and areas in front of lifts for use by carpenters or other artisans.
    • (d) FITTINGS AND FIXTURES : Electrical switches and meters and all other fittings and fixtures located in the common areas 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.
  • 36. GREEN AREAS :
    The Specified Green Area is the property of the Society as a whole and not of individual members or residents. 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
  • 37. GARBAGE :
    Garbage shall be collected by the Housekeeper from every door. It should not be thrown / disposed at any place in the Common area or out side the boundary.
  • 38. LIFTS :
    • (a) Children should not be permitted to misuse the lift by frequently going up and down, merely for fun. Children below the age of 5 years should not be allowed to enter the lift without being accompanied by any adult.
    • (b) Heavy articles should not be loaded inside the lifts. Goods of all sizes should be avoided from being carried through the lifts as far as practicable & possible.
    • (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 found that a lift is not functioning properly, this should be reported promptly to the guard on duty at the entrance gates so that the maintenance staff can be contacted for immediate remedial action.
  • 39. MAINTENANCE STAFF / DOMESTIC HELP / DRIVER : Residents should not threaten or manhandle the staff of the Society for any reason whatsoever. Any complaints against them should be brought to the notice of President / Secretary. Maintenance staff particularly the security guard should not be asked to do any personal work. All domestic helps / drivers must obtain “Gate Passes” from the Society’s office in order to get entry inside the complex.
    Security guards have been instructed to strictly enforce this requirement. To obtain Gate Passes for DOMESTIC HELP / DRIVER, the apartment owner shall have to fill up the specified Form. Residents are also advised to follow the rules and regulations of the local administration
  • 40. LETTING OF FLATS : Members before letting their flats shall have to inform the Society.
  • 41. PETS : Pets of residant if any should not be allowed to move freely in the common area/garden. It shall be the responsibility of the residents concerned to have the necessary cleaning up done in case a pet makes any part of the complex dirty. They should also instruct their domestic help accordingly. In the unlikely event of biting etc, the owner of the pet and the affected person or his family should settle the matter themselves.
  • 42. SALESMEN AND HAWKERS : In the interest of security, salesmen and hawkers shall not be allowed to enter inside the complex. Only those who provide services to the residents, such as regular maids, postman, milkmen, newspaper delivery boys, florists and vendors shall be allowed inside the complex with permission.
  • 43. PLAYING OF ANY OUTDOOR GAME inside the complex is strictly prohibited.
  • 44. 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. Residents should ensure that no water from their cooling equipment drips into another resident’s flat or into a common area.
  • 45. CAR/VEHICLE PARKING : Residents should drive slowly and cautiously within the complex. The use of horns should be avoided. While driving in the complex at night, the headlights should be in dipper mode. Visitor’s car may be allowed to park in the Common Area for limited duration subject to availability of space with due permission and
  • after confirmation from the respective Apartment owner.
  • The Apartment owners shall not let out their Car Parking on stand-alone basis to outsiders.
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