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MEMORANDUM OF ASSOCIATION

BLUE BELLS RESIDENTS WELFARE ASSOCIATION


Municipal No.25/1/Sy.No.53/1, Erappa Reddy Layout, Opposite Bosch Ltd,
Parapanna Agharahara, Hosur Road, Ward No.191, Bengaluru -560 100.
1. OBJECTIVES OF THE ASSOCIATION
a. To promote close co-operation between Members and to render all
possible advice and guidance to Members and to promote safeguard of
the Residents.
b. To promote and conduct activities of literacy, culture, social or
charitable nature and conduct research in such fields to acquaint with
the cultural heritage.
c. To promote welfare programmes of Residents and civics amenities of
the area & welfare of members.
d. To conduct Seminars, Conference, Debates of the Residents.

e. To do such other things as may be considered as to be incidental or


conductive to the attainment of the aforesaid objectives.
f. To promote and encourage oneness amongst the members and to build
the spirit of co-operation.
g. Family Get-togethers to bring closeness among families.

h. To establish and reinforce contacts with and to render help and assist
all members in their problems.

i. To represent before any statutory authorities, the members of the


Association in all matters pertaining to their common problems and
settle or compromise with common problems of residents.
j. To employ, engage and control the staff as essential for the proper
administration of the society, keeping in mind economy and necessity.
k. To take necessary steps for the efficient administration of the society
within the framework of the Act, Rules, Bye-laws and the other
enactments in force and in accordance with Co-operative principle and
secular ideals.
2. The Income of the Association shall be utilized for the aims and objectives of
the Association and shall not distribute among the members.

3. The Secretary of the Association is authorized to correspond with the


Registrar of Societies, Bengaluru.
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7.

RULES AND REGUALTIONS

THE COACH VILLAMENTS RESIDENTS WELFARE ASSOCIATION


No. 101, The Coach, Neeladringar Main Road, Electronic City Phase-1,
Bangalore – 560 0100.

1. MEMBERS OF THE ASSOCIATION:


Membership:

Any person/s who is the owner of Property aged about 18 years shall
become a member, of the Association.

a) Membership Fees will be collected as per the following norms:

i. Life Membership Fees Rs.1,000/-,

b) On the death of the member, his/her/their membership shall be


transferred to the persons to whom they bequeathed the same by
his/her/their will/codicil, or the legal representatives of his/her/their
estate. In case he/she has/have not made any specific request of the
Owners then the names of the legal representatives of his/her/their
estate, In case he/she/they not made any specific bequest of the Owners ,
then the names of the legal representatives, shall be entered on them
obtaining the letter of administration from the association in the regular
register of the members maintained by the Secretary for the purpose of
administration of the Association.

c) The member may, in his absence, appoint an alternate member, who shall
be spouse, a parent, or any one of the children above the age of 18 years,
who is specifically authorized in writing by such member in relation to the
Association. There shall be membership subscription or entrance fees.
The President or Secretary or Treasurer to the Association shall maintain a
register of members where a member has appointed an alternate member;
the name of such alternate member shall be recorded alongside of the
member in the register of members.

d) All members of the Association are eligible to vote and Contest to


managing committee in the General Body Meeting.

2. Nomination and its revocation:


A member of the Association may be delivering a signed and notarized
declaration to the Association, nominate a person/s who shall be entitled to the
right title and interest of member and to have his name recorded in the register
of members. A member may revoke or vary his nomination at any time by
making a revised/fresh declaration as set forth above and delivering it to the
Secretary of the Association. A Nominated member shall not have the power to
file further nomination as set forth above.

On receipt of such nomination or the revised/fresh declaration as to the


Nomination or Letter of Revocation, the same shall be placed before the meeting
of the Management Committee to be held next, for its consideration and
approval. Every such Nomination or Revocation thereof shall enter in the
Register of Nominations by the Secretary of the Association within a week of the
meeting of the Management Committee in which it was recorded.

3. JOINT OWNERS:
Where Two or more Person/s have purchased site/ property, they shall
be jointly entitled to the site/ property and the shares of the Association shall be
issued in their Joint Names, but the either of Joint Owners shall have the right to
vote. Such First named person/s name shall be the member of the Association
and his/her name shall be entered in the Register of the members of the
Association. Upon the death of a Member, the Association subject to its being
Satisfied of the legal position enter the Name of the Joint Owner in the register of
members if there is a single Joint Owner. In any case where there are more than
two joint owners, then upon the death of the named owner, the joint owner shall
be entitled to become the member of the Association, subject to meeting other
requirements as set forth above. The joint owner shall make an application along
with a certified copy of the death certificate of the deceased member for the
completing the formalities.

4. FIRM, COMPANY, ASSOCIATION OF PERSONS AS OWNERS:


Where a site/ property has been purchased by a firm, company or an
Association of persons, such firm, company or Association of persons, as a case
may be shall Nominate /Appoint a person to represent itself in the affairs of the
Association and convey the name of such person accompanied by a lawfully
executed and certified declaration, board resolution as applicable by law/articles
of Association or by-laws of nominating firm company or Association of persons.

The Association in all matters of administration deal with the person


nominated as here in before as member on roll and the said person shall have the
right to vote. Such nominated persons shall be the members of the Association
and his/her name shall be entered in the register or members of the Association.

The Nominating Firm, Company, or Association of Persons that owns the


site/ property shall have the right to revoke the nomination at any time and
appoint any other person by following the procedure set forth above.

5. VOTING, QUORUM AND PROXIES:


1. VOTING: Each Owner whether Joint Owner or otherwise is entitled to one
vote assigned to his/her/their irrespective of the area of the Residential premises
owned by the Member in all the meetings of the General Body.

2. QUORUM: The presence of majority of the owners constitutes a quorum for


an Annual General Body meeting or for an extra ordinary General Body Meeting.
If within 30 minutes from the appointed time for meeting as give in the notice,
there is no quorum as specified above, the members present, will adjourn the
meeting to another date and time which shall not be earlier than 48 hours. No
further individual notice for this adjourned meeting is necessary. No quorum is
required for such adjourned meeting and the meeting shall consider the business
given in the notice quorum of the annual general body meeting and special
general body meeting.

The quorum for every general body meeting, whether special or annual
shall be one third of the total number of members subject to a minimum of 1/3rd
members of the Association.

3. DISQUALIFICATION: No member/alternate member, proxy or his/her


representative shall be entitled to vote on the election of the members of the
committee or be entitled to contest election or co-opted to such office if he/she is
in arrears in which the general body meeting is held, in respect of his/her
membership fees to the Association.

4. PROXY: Every member who does not personally occupy his/her residential
premises in the building, or unable to present himself at the meetings or contest
for election to the committee or management will have to authorize in writing:

Any member of his family or another member of the Association or a


Tenant or a Licensee/ or a Power Of Attorney Holder in occupation of his
residential premises, take part and represent him and cast vote on his/her behalf
in all meeting of the general body for such period as he/she may so delegate and
such a vote shall take effect as if it has been cast by a member himself.

The written authorization shall be addressed and delivered to the


President or the Secretary of the Association and shall remain in force for the
time period mentioned in the authorization or in the absence of such specific
time period, till such authorization is revoked in writing and delivered to the
President or Secretary of the Association. Every action, statement made by such
proxy or power of attorney holder of the member shall bind the principle
member.

5. VOTE TO BE CAST IN PERSON: The owners or their power of Attorney


Holder or proxy holder shall cast the votes in person.

6. MEETING AND PROCEDURE:

Meeting of the Association shall be held at a suitable place convenient to


the Owners as may from time to time be decided by the Association and in the
manner as decided by the quorum.

7. ANNUAL GENERAL BODY MEETING:


The first Annual general body meeting shall be held within a period of six
months from the close of the financial year, on the date, time and place to be
decided by the Management Committee. Thereafter Annual General Body
meetings of the Association shall be held not later than three months from the
close of each financial year or such extended date as may be decided by the
Management Committee in office.

At such Annual general meetings the members shall elect a Management


Committee having members not exceeding in number to be responsible and to
carry out all matters relating to the affairs of the Association.

The agenda of the meeting must also be circulated to all the owners. At
such a meeting, a Managing Committee shall be elected from among the
members, by voting of ballots and in accordance with the requirement of the
byelaws. This managing committee shall be in office till the conclusion of the
next annual body meeting. The owners may also transact such other business of
the Association as may be placed before them.

8. EXTRA ORDINARY GENERAL BODY MEETING: -

It shall be the duty of the President to call for an Extra Ordinary General
body meeting of the owners as directed by a resolution of the managing
committee or upon a petition signed of the owner signed by the majority of the
owners and having been presented to the Secretary. The notice of any extra
general body meeting shall state the time and place of such meeting and the
purpose thereof. No other business shall be transacted at such a meeting except
as stated in the notice, without the consent of majority of the owners present in
person. Where the Extra ordinary general body meeting is to be held upon
requisition, it shall be placed within seven days of its receipt before the
committee of management, by the Secretary of the Association of fixing the date,
time and venue for the meeting so requisitioned. The committee of management
shall decide the date, time and place for the extra ordinary meeting. In case of a
requisitioned meeting by members, it shall be held within a period of 40 days
from the date of requisition.

9. NOTICE OF MEETING:

It shall be the duty of the Secretary to mail or send notice on each Annual
General Body Meeting, Special General Body Meeting and extra general meeting,
stating the purpose thereof as well as the time and place where it is to be held to
each owner, at least 21 days clear prior and to ordinary meeting at least 21 days
to such meeting. Mailing or sending of a notice in the manner provided in this
byelaw should be considered as notice served.

The mailing or sending of the notice to the last known address of the
member via post, courier or electronic means (email/whatsup) or by personal
delivery as record with the Association shall be considered as notice having been
served. The notice not served for any reason or failure to receive notice by any
member by absence or refusal shall not invalidate the proceedings for the
meeting and the decision taken at such a meeting shall be questioned or
challenged before any authority in any court of law.

10. ADJOURNED MEETING:


If any meeting of the owners cannot be organized because a quorum has
not formed the owners who are present may adjourn the meeting to a time not
less than forty-eight hours from the time the original meeting was called. No
further individual notice for this adjourned meeting is necessary, no quorum is
required for such adjourned meeting and that meeting shall consider the
business given in notice.

11. SPECIAL MEETING:

Special meeting of the managing committee may be called by the President


by giving three days notice to each managing committee member, either
personally or by mail or telephonically, such notice shall state the time, place (as
hereinabove provided) and purpose of the meeting. The President or Secretary
shall call such special meetings of the managing committee on like manner and
on like notice of the written request of at least two managing committee
members.

12. PRESIDENT OF MEETING:


The President or in his absence the Secretary shall preside at the general
body meetings, annual or extra ordinary. In the absence or both the members
present may choose a President from among themselves to preside over the
meeting and conduct the proceedings.

13. ORDER OF BUSINESS:


The general body is supreme and its decision binds all the members and
shall be implemented and is empowered with authority vest in it by the
constitution and byelaws of the Association.

The order of business at all meeting of the owners of should be as follows:


a) Roll call.
b) Proof of notice of meeting or waiver of notice.
c) Reading of minutes of previous meeting.
d) Reports of Managing Committee.
e) Unfinished Business, if any.
f) New Business with the permission of the President.

MATTERS TO BE DEALT WITH BY GENERAL BODY:

The ultimate authority in all matters relating to the affairs and


implementation of the objects of the Association vests in the general body.
However the following matters shall be dealt with exclusively by the General
body.

a) Consideration and passing of the annual accounts. The Official year of the
Association shall be 1st April of the current year to 31st March of next year.

b) Appointment and re-appointment of auditors and legal advisors or


appoint to any casual vacancy in the office of the auditor shall be
appointed by the committee of management.

c) Annual budget of expenses for the succeeding year presented by the


committee of management.

d) The Association shall draw up its accounts for each financial year ending
as on 31st March. The same shall be audited and published within 3
months of the closing of the financial year and shall contain the following:

e) Income and expenditure of the financial year under review.

f) A statement of assets and liabilities of the Association giving such


particulars as will disclose the general nature of these liabilities and assets
and how the value of the fixed assets have been arrived at.

g) The audited financial statements shall be open for inspection to any owner
during office hours in the office Association and a copy thereof shall be
submitted to the competent authority not later than 30th April every year.

h) Every financial statement shall be accompanied by a complete list of


owners. There shall also accompany the financial statement, the financial
statement shall state unto what date profits and expenses of Association
jurisdictions are included.

i) The Governing Body shall not admit members during the last three
months of its tenure.

14. MANAGEMENT COMMITTEE:

The election rules generally followed in elections to the public offices or as


amended or modified by the committee of management as it deeds fit and proper
shall be followed considering the exigency prevailing each time.

15. TERM OF OFFICE BEARER:


The term of office of the committee of management elected at any annual
general body meeting shall be for one year. The committee shall hold office until
their successors are elected and assume office. The retiring committee members
are eligible for re-election. The first committee of management shall be
appointed by the general body meeting.

16. POWERS AND DUTIES OF THE MANAGING COMMITTEE:


The managing committee shall have the powers and duties necessary for
the administration of the affairs of the Association, and may do such acts and
things as are by law or by these bye-laws directed to be exercised and done by
the owners.

In addition to the duties imposed by the byelaws or by resolutions of the


Association, the managing committee shall be responsible for the following that
is to say;

The duties and responsibilities of the committee is to promote the aims and
objects of the Association. The managing committee shall function only through
the office bearer, elected amongst them and shall oversee, control, guide and
supervise the overall performance of the office bearers of the Association and
ensure efficient day to day management of the affairs of the Association.

a) To admit members

b) Discuss and decide about calling annual general body meeting/special


general body meeting with their agenda.
c) Discuss and finalize the budget for the next year.

d) To appoint, suspend, punish and dismiss the employees and the staff
engaged by the Association in the interest of maintaining discipline and
adequate quality of service and also fix their duties, responsibilities,
conditions of service, their conduct and fix their remuneration.

e) Any member of the managing committee who has not attended three
successive meetings without proper cause and due intimation, shall cease
to be member of the managing committee and another member may be
co-opted by the managing committee in his place. However the person
who ceased to be member because of his absence is eligible for re-
election.

f) To frame regulations (which shall be entered in the minute book of the


Association consistent with the rules framed hereunder).

g) Fixing of designation terms of employment, remuneration and dismissal


of the personnel necessary for the operation of the Association
jurisdictions and facilities, of Association.

h) To provide guidelines for the manner in which the audit and accounts of
the Association, shall be carried out.

i) To inspect the account kept by the treasurer and examine the registers
and account books and to take necessary steps for recovery of all sums
due to the Association.

j) To sanction working expenses, account cash balance and deal with the
other miscellaneous business.

k) To ensure that the cashbook is written promptly and is signed monthly


by one of the members of the committee authorized in this behalf.

l) Expenditures approved by the Executive Committee.

m) Daily newspapers, periodicals etc for the Library or for the office.
17. ELECTION OF OFFICERS:

The principle of the Association shall be elected annually by the owners


at the annual general body meeting and each new managing committee shall
hold office till the next annual general body meeting. The election shall be
conducted once in 2( Two) in a years.

18. REMOVAL OF OFFICERS:


Upon an affirmative vote of majority of the members, any officer may be
removed, only with sufficient cause and valid reason/s, and his/her successors
elected managing committee called for such purpose. At any time regular
+meeting or at any special meeting of the Association called for such purpose.

19. VACANCIES IN THE COMMITTEE:


Vacancies caused by any reason shall be filled in by co-option of another
member of the Association at the committee of management meeting held next
and such member shall hold office until election to the committee as member
duly elected.

20. REMOVAL OF COMMITTEE MEMBER:


Any committee member who is a defaulter in paying subscription charges
and for a period of three consecutive months or has failed to attend three
consecutive meetings of the committee without leave of absence or failure to
function effectively or accept responsibility or for any misconduct shall stand
automatically disqualified to hold such office and be removed at the next
committee meeting if the said disqualification is established by a majority
opinion of the committee.

21. FIRST MEETING OF THE MANAGEMENT:

The first meeting of a newly elected committee of management shall be


held within 10 days of the election of which the election of office bearers shall
take place and no separate notice shall be necessary to the newly elected
members to attend the meeting.

22. REGULAR COMMITTEE MEETINGS:


Regular meetings of the committee of management may be held at such
time and place as shall be determined, from time to time and such meetings shall
be held at least once in two months notice of regular meetings of the committee
shall be given to each committee member personally, or by post, or by courier or
by email, at least three days prior to the day named for such meetings. The Joint
Secretary and or Treasurer or any designated committee member shall maintain
the minutes of all such committee meetings in consultation with the President
and shall cause such minutes to be recorded within in 14 days of the meetings so
held.

23. MEETING BY CIRCULATION:

In case of urgency, and circumstances so require, the committee may


decide on a matter by circulating a note on the subject in respect of which each
committee members opinion may be sought which if implemented should be
brought up for ratification of the committee at its next meeting.

24. QUORUM:

At all meetings of the committee, one half of the total strength of the
members subject to a minimum of Five shall constitute a quorum for the
transaction of business. If there be no quorum the meeting shall stand adjourned
to the same time and place the date. Not less than 48 hours. At any such
adjourned meeting the business which ought to have been transacted at the
meting as originally called may be transacted without further notice subject to at
least seven members being present. Every issue before the committee shall by
decided be a simple majority and case of tie, the President may exercise his vote.

25. RESIGNATION:

An elected committee member may resign at any time be sending a letter


of resignation to the President or in his absence to the Secretary of the
Association, assigning reasons for his inability to function to which he
volunteered and accepted, but the resignation shall take effect from the date of
acceptance by the committee of the month from tendering resignation, which
ever is earlier.

26. HANDING OVER CHARGES:

When the new committee is elected the Secretary/Joint Secretary and


treasurer of the outgoing committee shall hand over the actual charge of records,
documents books of accounts and cash as per the bank reconciliation statement
to the Secretary and treasurer respectively of the new committee.
27. MANAGER:

The Association may employ a paid manager at a compensation


determined by the Association to perform such duties and services as the
Association shall authorize including but not limited to the duties listed in the
byelaws.

28. FUNDS AND THEIR INVESTMENTS:

FUNDS:
The Association in all or any of the following ways may raise funds
namely.

a. By membership fees from the members.

b. From common profits, which accrue from the corpus of the contingency
funds.

29. RESERVE FUND:


The reserve fund of Association shall comprise of;

a) The amounts carried forth to the said fund from year to year, out of the
excess of income over expenditure.

b) Entrance fees if prescribed to be paid to the Association from its new


members, any time hereinafter.

c) All donations received by the Association except those received by it for


any specific purposes.

d) Investment and utilization: The Association shall invest or deposit its


funds only in any scheduled bank conveniently located and the same shall
be applied only for promoting the aims and objectives of the Association.

30. ACCOUNTS AND AUDIT:


1. BANK ACCOUNT:
The Association shall open a bank account in any of the Scheduled
Banks/Nationalized/Co-operative Banks which account shall be operated under
the joint signatures of any two of the following i.e. the, President and
Secretary/Treasurer and any person delegated by either of them. All moneys
received on behalf of the Association shall be deposited into the bank account
opened for this purpose. Any excess funds belonging to the Association can be
invested in any scheduled bank in any fixed deposit scheme pursuant to a
resolution passed by the Association. The Treasurer may retain in his/her/their
personal custody cash not exceeding Rs.10000/- for petty expenses. Any
officer/Estate manager appointed by the Association shall maintain proper
accounts with regard to all the expenses incurred for the building.

2. PUBLICATIONS OF ACCOUNTS AND REPORTS:


A copy of the financial statements and the report of the auditor shall be
kept in a conspicuous place in the office of the Association.

3. APPOINTMENT OF THE AUDITOR:


The Association shall appoint at its general meeting, an Auditor who shall
audit the accounts of the Association to be prepared by the Association as herein
before provided and shall examine the annual return and verify the same, with
the accounts relating thereto and shall either sign the same as found by him/her
to be correct, duly vouched and in accordance with law, or specially report to the
managing committee, in what respect he/she finds it incorrect, un vouched or
not in accordance with law.

4. POWER OF AUDITOR:
The Auditor shall be entitled to call for and examine any papers or
documents belonging to the Association relating to Association jurisdictions and
facilities (including limited Association jurisdictions and facilities) and common
expenses and shall make a special report to the Association upon any matter
connected with the accounts, which appear to him/her to require notice.

31. STATUTORY COMPLIANCE:


If and when the general body decides to subject their residential premises
to the provisions of a statutory act of law or government regulation/notification
for the purpose of meeting the legal requirements or for the collective benefit of
the members and or premises, the owners unequivocally agree and accept to
comply with the provisions of the said act/regulation/notification and the rules
made hereunder.

32. MISCLLENEOUS MATTERS:

1. SEAL OF THE ASSOCIATION:


The Association shall have a common seal which shall be in custody of the
President or Secretary and shall be used only under the authority of a resolution
of the Association and every deed of instrument, to which the seal is affixed,
shall be attested for as on behalf of the Association by two members of the
committee, one of them being the Secretary or any other person authorized by
the Association in that behalf.

2. INSPECTION OF BOOKS AND RECORDS:


Any member shall have the right to inspect free of cost books, registers
and documents, minutes, etc relation to the affairs of the Association and get
copies of the documents on payment of fees as may be prescribed by the
committee.

3. BOOKS OF GUIDELINES:
All members shall follow the dos and don'ts detailed in the book of
guidelines supplied by the Association, in so far it is consistent with the normal
code of discipline and do not encroach upon the legal rights of the owners.

5. SUE AND BE SUED:


The Association being jurisdictional person can sue in its own name
represented by the President or Secretary in all common causes whenever a legal
action is found necessary, the members of the Association jointly act and institute
action through the Association representing them and not individually or
separately. This however is not applicable for the dispute between the members
or of personal nature where they go for arbitration or other lawful remedies.

33. ALTERATION OF BYELAWS:-


Alteration or amendment of the Memorandum of Association, Rules and
regulations shall be made as per Sec.9 & 10 of the K.S.R.Act, 1960. Bye laws may
be amended by the Association in a duly constituted meeting for the purposes no
amendment shall take place unless approved by owners representing at least
75% of the total as shown in the Memorandum of Association.

34. DISSOLTUION:
If the Dissolution of the Association arises Sec.22 and 23 of the K.S.R.Act,
1960 shall be followed.

35. AMALGAMATION:
Regarding the Amalgamation of the Association arises Sec.21 of the
K.S.R.Act, 1960 shall be followed.

For the matters, which have not been specified, provided to therein above,
the provisions of the K.S.R.Act, 1960 and the Rules made there under shall apply.

36. The working hours of the Association will be from: -


Morning: 09.00 A.M. To Evening: 07.00 P.M.

37. OFFICE BEARERS


1. DESIGNATIONS:
The Principle officers of the Association shall be 8 members including
President, Secretary, Treasurer and 4 E.C. Members and all of whom shall be
elected by and for the managing committee.

PRESIDENT:
The President shall be the chief executive of the Association.
He/she shall preside as all meeting of the Association and of the managing
committee. He/she shall have all the general powers and duties which are
usually vested in the office of President of an Association, including but
not limited to the power to appoint committee from among the owners
from time to time as he/she may in his/her discretion decide to be
appropriate to assist in the conduct of the affairs of the Association and in
event of a split shall have the casting vote.

He/she shall preside over the entire meeting.

In case of a tie of the votes in any of the meetings mentioned above, the
President shall have an additional vote for casting.
SECRETARY:
He/She shall call all meetings of the managing committee and general
body meeting in consultation with the President.

He/ She shall sign all the correspondences.

He/She shall, in consultation with the President and with the managing
committee as and when required shall act as pivot of all activities of the
Association, including reporting, budgeting allocation of funds making all
agreements, contracts, appointments, purchased, hiring expenditures of
sorts, all correspondence between the Association and members and also
with outsiders to comply with his various duties and responsibilities
enumerated above.

He/She shall have power to appoint or remove the various staff or


servants of the Associations subject to the approval of the same by the
managing committee.

He/She has to be vigilant on income and expenditures of the Association


and strictly ensure the stipulations regarding economy with suitable
actions as specified therein.

TREASURER
The Treasurer shall be responsible for maintaining and auditing the funds
and securities of the Association. He/she shall also be responsible for
keeping proper and accurate accounts of all receipts and disbursements
belonging to the Association. He/she shall be responsible for the deposit
of all moneys and managing committee may from time designate other
valuable effects in the name and to the credit of the Association in such
depositaries.

COMMITTEE MEMBERS:- will be participate in meeting and will join the office

bearers while arriving at decisions in such meeting.


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