GERWA Byelaws

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GAUTAMI ENCLAVE RESIDENTS WELFARE ASSOCIATION

Memorandum of Association
1 PRELIMINARY

1. The name of the Association shall be “Gautami Enclave Residents Welfare Association”, which
for the sake of brevity, shall hereinafter be referred to as the “Association” or “GERWA”.
2. The Registration number of the Association is 920/2012 under the A.P. Societies Registration
Act, 2001
3. The Registered office of the Association shall be at, Park office, GERWA Park, Gautami
Enclave, Botanical Garden Road, Kondapur, Hyderabad - 500084.

2 AIMS and OBJECTIVES

The association is formed primarily to constitute a federation of sub-associations of buildings s and


its members. It would constitute 60 buildings as on March 2017 and all future buildings that would
come up in Gautami Enclave Area constructed in Survey No. 198, 197, Kondapur Village,
Serilingampally Mandal, Ranga Reddy District, Hyderabad – 500 084. In case such Buildings do not
have welfare associations, GERWA would include all the residents of such Buildings as its
members. The Aims and Objectives of which shall be:

1. To, develop, maintain and manage all facilities and amenities including but not limited to roads,
passages, common electricity, water connections, drainage and telephone lines, parking facility
and common areas like Garden, park, Facilitation centre, community centre, sports ground etc
within the premises of Gautami Enclave
2. To protect the rights, privileges and interest of all its Members, without prejudice, or favour
to anyone;
3. To raise funds/monies from the Members or owners or residents, and Sponsors for achieving
the objectives of the association.
4. To take possession of all common areas and amenities in the premises of Gautami Enclave.
5. To provide for the maintenance, repair and replacement of the common area and amenities.
6. To create living conditions in the premises, and promote social and community life among the
residents of Gautami Enclave
7. To represent the Association before Government and other authorities for any common
purpose, which may impact the members monetarily or otherwise and take all such steps as
may be necessary in this regard.
8. To represent the Association in all matters pertaining to the common property of
Association and to negotiate, carry on litigation, settle or compromise with third parties
any matter affecting the common rights and properties.
9. To Promote/encourage social activities like entertainment, cultural events, sports, education
programs, etc. among the residents of Gautami Enclave.
10. To grant on lease/ rent/ license (wherever applicable) suitable portion of the common areas
(subject to approval of the MC) to suitable third parties for use by residents of Gautami
Enclave and as suitable.
11. To frame rules and regulations for maintenance and usage of the recreational area, parking
areas, sports grounds, contract works etc.
12. To frame rules and administrative procedure with the approval of the General Body of the
association. In exceptional/ day-to-day cases, the Managing Committee is authorized to
frame/ change rules from time to time.
13. The Executive Committee of the Association is authorized to correspond and deal with the
Registrar, Hyderabad, Telangana;
14. The Association shall not act beyond the scope of its “Objects” without duly amending the
provision of the Bye-laws for the purpose.

3 CERTIFICATE

1. Certified that the Association is formed with a “No Profit and No Loss” motive.
2. Certified that the office bearers of the Association shall not be paid any remuneration or
honorarium or payment of any kind from the funds raised by the Association

4 DEFINITIONS

1. “Act” means the Telangana Societies Registration Act, 2001 as amended from time
to time
2. “Building” shall mean the structure that has a roof and walls and stands more or less
permanently in one place and comprises of apartments or flats.
3. “Association” means “Gautami Enclave Residents Welfare Association” with registration
number 920/ 2012
4. “Committee” or “MC” means the Managing Committee [MC] as constituted under these bye-
laws. Each Building’s Managing Committee shall nominate 1 person from their respective
Building to GERWA. 1 such person from each Building shall form the Managing Committee
(MC) of GERWA. However, if any Building did not constitute any association in the Building,
then one member shall be nominated by majority of the respective Building resident
owners for GERWA MC. Also, to ensure representation from the building at all times,
there shall be a 2 nd nomination from the building who will represent in the absence of the 1st
nominee.
5. Executive Committee means the Committee consisting of the following people.
a) President 1 No
b) Vice President 1 No
c) Secretary ‘ 1 No
d) Joint Secretary 1 No
c) Treasurer 1 No
d) Executive Members 4 No’s
Total -- 09 No’s
6. “Common Areas and Amenities” shall mean but not limited to the open land, pipelines,
sewerage lines, roads, passages, circuit breakers and meter rooms, open shafts, drainage
system, electricity distribution system, security system, area earmarked for the school, sports,
park etc.
7. “Corpus Fund” shall mean the corpus fund collected by the Association from its members and
shall include all other amounts collected by the Association from time to time.
8. “Defaulting Building” – shall mean in case the monthly membership fee is overdue for four
months & above from the entire building and its residents, then the Building will be treated as a
defaulting Building. Such defaulting Building and its representatives shall cease to be part of the
MC. And they shall not have the right to participate in the AGM or election processes. In case
the monthly membership fee is overdue for 6 months or above, then the Building and its
representatives will not be eligible to participate in the ensuing election process – even if the
dues are cleared after the 6 months overdue. In such a situation, the defaulting Building and its
representatives would not be able to hold any position of office-bearers in the ensuing year. In
case any Building is paying the monthly membership fee only partially, then the same will be
considered as an exception only if the non-payment is from more than 20% of the building
flats. In such a scenario, the building association will have to put up to the MC the reasons for
such non-payment along with the list of such non-paying flats. However if the non- payment is
from less than 20% of the building flats, then the Building shall have to pay the monthly
membership fee completely.
9. “Defaulting Member” means any Resident, of Member building, who failed to pay the
monthly membership fee to the Association for a period of consecutive four months. Such
defaulting Members shall not be entitled to any of the rights and privileges enjoyed by the
other Members, or to the services, and any other facilities offered by the Association till all
dues are cleared.
10. “Flat” shall mean an independent unit or apartment for residential purpose in a Building in
Gautami Enclave, along with the undivided share in the common areas and amenities as per
the registered sale deed executed in favour of the respective purchases.
11. “Gautami Enclave Residents Welfare Association” means the association comprising of land,
buildings, complex having flats in existing building as mentioned in the Appendix A and any
upcoming building in Gautami Enclave, survey no 198, 197, Village: Kondapur, Mandal:
Serilingampally, District: Ranga Reddy.
12. “Members” or “Member Buildings” means all the buildings within Gautami Enclave represented
by their respective building representatives.
13. “ “Monthly Maintenance Charges” means charges collected every month by the Association
from all its Members.
14. “Owner” means, the flat purchaser under the registered sale deed from the promoter /
builder. The term Owner here includes the spouse, children and parents of the flat purchaser.
15. “Recreational Area” shall include Sports ground, Community Center, Park & other facilities that
are built for residents of Gautami Enclave.
16. “Residents” shall mean and include people who reside or stay within Gautami Enclave.
17. In these bye-laws, unless the context otherwise requires any reference to the masculine gender,
it covers the female gender also and any reference to the singular number shall cover
plural number.

5 MEMBERSHIP OF THE ASSOCIATION

1. Members: All the buildings represented by its representative shall be the members of the
Association as long as the said buildings are not ceased to be a Member or removed from the
Membership by the Association. If the Building is Company owned for residential purposes, the
Company may nominate a deemed member represented by any of the members of the board or
by an authorized signatory.
2. Every apartment which is a part of the building which in turn is a Member of the Association
shall have to pay such amount to the ASSOCIATION decided by the Association as per the
periodicity decided. All Revenue accumulated shall be used for the purpose of works for the
enclave to achieve effectively objectives and welfare of Gautami Enclave. Upon non-payment
of such decided amount, the members shall be treated as defaulting members.

6 RIGHTS OF MEMBERS
1. A member shall be entitled to vote, receive notice and copy of the registered bye-laws of the
Association at the Association’s office upon prior intimation to the EC.
2. All the residents of the member buildings shall be entitled to all the privileges, facilities,
amenities provided by Association, also they are entitled to participate in all the functions
and programs organized by the Association.
3. Every member shall be entitled to inspect the records and accounts of the Association at all
reasonable working hours in the association office with prior intimation to the EC.

7. RESPONSIBILITIES AND LIABILITIES OF THE RESIDENT MEMBERS


The code of conduct is designed with keeping the common interest of residents in mind with the
following objectives:
1. To ensure a peace, safe and secure living environment for the residents;
2. That the amenities and common facilities are to fit for purpose and available to all;
3. To facilitate residents enjoying the benefits of well-connected living;
4. To preserve and enhance the brand value of Gautami Enclave by making it the most desirable
place to live in the city.
5. Upon consensus at the MC, every resident member shall be issued one Identity Card free of
cost. In case of loss of the identity card, a duplicate identity card will be issued upon payment of
prescribed fee.
6. Upon consensus at the MC, vehicle stickers will be issued to every Flat as per their requirement
upon payment of prescribed fee. It is mandatory that all vehicles of Gautami Enclave Residents
to display GERWA Stickers.
7. No resident shall stock or store any kind of goods or material, which are explosive, combustible,
dangerous, obnoxious or such other goods which are not permitted to be stored without the
sanction of the competent authority under any applicable law and shall keep all the areas
within the Enclave clean and in living condition, without any way causing nuisance to the other
residents.
8. No resident shall paste any bills to the exterior walls of common property including but not
limited to sports ground, garden etc.
9. Every resident shall use the Sports Complex, and all other common properties within the
Enclave in the manner as prescribed by EC in consultation with MC from time to time
10. Every Resident shall ensure that the Building and the Surrounding Areas are kept
clean and tidy in all respects and that garbage or trash is thrown only in the
disposal installations provided for such purposes by the Municipal Corporation. In case of non-
adherence to this by any resident or building, the cost of cleaning such trash shall have to be
borne by the respective building and its association. And it shall be the responsibility of the
concerned building representative to take care of this.
11. Resident shall not damage nor shall do any such act or acts that would damage or diminish the
usage or spoil the common property like sports ground, parks, etc., of its intended use
12. Every Owner/Resident shall ensure that the staff employed by him bear a good character and
shall be responsible for his behaviour and actions while in his service.
13. No resident shall have pet animals other than dogs, cat or birds, regularly vaccinated and
approved by a registered veterinary practitioner and shall be responsible for any nuisance
or annoyance caused by such pet animals including cleaning. No residents shall bring pet animals
in to the Park, Sports Complex etc..
14. No resident shall do or suffer to be done in his flat which may cause nuisance, annoyance or
inconvenience to any of the resident or carry any practices, which may be repugnant to the
safety, general decency or morals of the residents of GERWA. The President/ Secretary shall
be competent either suo moto or on complaint to take steps to stop all such practices
mentioned above.
15. Every Building representative/ member shall be liable to pay the monthly maintenance
charges without protest or demur on or before of 15th of every calendar month, without fail. The
MC may decide the monthly maintenance charges time to time at such rates, as it deems fit.
However it shall be the duty of the Building representative/ member to find out the amount
payable towards the monthly maintenance charges and shall not be entitled to raise any
objection about the due notice in this regard. Every defaulter shall be liable to pay penalty for
delay in payment beyond the due date at the rate decided by the MC. No resident shall be
entitled to raise any dispute with regard to any amounts demanded by the MC, unless he pays
the said amounts, under protest.
16. It shall be the duty of every Building representative to collect the receipt for any payments
made, with full particulars from President/ Secretary/ Treasurer or duly authorized employee of
the Association. In case of dispute, no evidence shall be accepted except the receipt issued by
the President/ Secretary/ Treasurer or such duly authorized employee of the Association.
17. Every resident shall comply with the rules, conditions and restrictions placed by the Association
from time to time for the accomplishment of the aims and objectives of the Association. Failure
to comply with any of these stipulations shall be ground for action by the President / Secretary to
seek relief or recover damages, as deemed fit from the non-complying resident.
18. All member owners shall impose the above condition on their transferees, tenants, licensees,
guest etc. Otherwise, such members shall be personally liable for all acts and omission of his
transferee, tenant, licensee, guest etc.
19. These Bye-Laws need to be read along with the respective Building Association Bye-Laws.
However, In case of any inconsistency or ambiguity, these Bye-Laws shall supersede such bye-
laws of respective individual Building.
20. In case of breach of any of the bye-laws or the conditions as above or the resolutions of the
Association or non-payment of monthly maintenance charges or other amounts liable to be paid
to the Association, the penalties will be decided and levied by EC in consultation with MC from
time to time.
21. No Resident shall put up any hoarding, advertisement, notice, or poster of any kind, in Gautami
Enclave or on the Association Property, except as authorised by the Association/
Managing Committee.
22. No Resident shall object to any work being undertaken by the Association which is in the
common interest of the Residents, even if such work may cause some
inconvenience to the residents
23. No Resident shall, under any circumstances, threaten, abuse, reprimand, assault or in any way
take up with the staff employed by the Association, but may report any misbehaviour, or
dereliction of duty by them to the Association/ MC.
24. Every resident shall use the Sport Complex, garden and other common properties in the manner
prescribed by the Association in consultation with MC from time to time

8 MANAGING COMMITTEE [MC], EXECUTIVE COMMITTEE [EC] & ADVISORY

1. The Management committee shall elect an Executive Committee. The first member of the MC
from every Building shall have the voting right. In his absence, the second nominee/
representative will participate in voting. Alternatively, he shall be eligible to cast his vote
through his proxy. Proxy forms can be filed in physical form or through email. The role of
proxy is only restricted to the extent of casting of votes as authorized by the members.
The proxy (in his capacity as a proxy) cannot participate in the deliberations of the Annual
General Meeting.
2. The activities of the Association shall be governed by the Executive Committee (EC) of the
Association comprising.
a) President 1 No
b) Vice President 1 No
c) Secretary ‘ 1 No
d) Joint Secretary 1 No
c) Treasurer 1 No
d) Executive Members 4 No’s
Total -- 09 No’s

3 All these posts - President, Vice President, Secretary, Jt. Secretary, Treasurer and 4 Executive
committee members of the committee shall be elected by the members of the MC every 2 nd
year through the process of election. Once elected, each member shall hold the post for a
period of 2 years. In case any of these posts fall vacant due to resignation, death or otherwise,
re-elections will be done for that post.
4 To be eligible for these posts, the members need to be owners of a Flat in Gautami Enclave
and residing in Gautami Enclave having voting rights and should be part of the Managing
Committee or the Advisory group. This is however subject to other rules herein.
5 To be eligible for these posts, the building should have completed one year of membership with
the association.
6 The President’ s post can be contested only by a person who is already an EC member for
atleast 1 full year or has been an EC member in the previous 3 years.
7 Advisory group members shall be selected by the Elected Executive Committee (EC) and shall be
part of the Managing Committee. Number of members to the Advisory group shall be
decided by the Managing committee & it shall be not less than 3 members.
8 Any member of the Managing Committee may be removed upon an affirmative vote by majority
of MC or by a motion of no-confidence or if he ceases to have voting rights. The Quorum for
the General Body meeting in such meetings shall not be less than 51% of the MC.
9 Any office bearer or the member of the Managing Committee shall cease to be an office bearer
or the member of the Managing Committee if he absents himself for three consecutive meetings
of the committee, unless the leave for such absence is granted exclusively. However the
Managing committee may extend such absence for a maximum of six meetings only, that too
upon the written request made by the absentee giving valid reasons for such absence. Any
exception on this can be taken by a majority of the Managing Committee.
10 Managing committee & Executive Committee shall identify the Residents of Gautami Enclave to
be a Head of Sub Committees or any post in the said committee.
11 Advisory group members shall be selected for the term of 1 year and can continue in the office
beyond 1 year if the EC intends to take their services.
12 The Managing Committee shall meet once in a month or as frequently as possible. The meeting
shall be convened by the Secretary at such a time and place determined from time to time by
majority, usually 3 (Three) days prior notice. Notice of regular meetings along with agenda
shall be given to office bearers and the members of the Managing Committee personally or by
email and the meeting shall be held on any day of the week in the premises of the Gautami
Enclave.
13 Emergency meetings of the Managing Committee may be called by the President or the
Secretary, usually with 1 (One) day prior notice. Notice of emergency meetings shall be given to
the office bearers and the members of the Gautami Enclave Residents Welfare Association
Group. Such decisions arrived at by circulation shall be placed at the next meeting for
ratification.
14 The President or in his absence the Vice President shall preside over the meetings of the
Managing Committee. In the absence of both of them, the members of the committee
present at the time of the meeting may elect one among themselves as chairman to
preside over such meeting.
15 The quorum for the meeting shall be 51% of the total strength of the committee. In the absence
of such quorum the Meeting shall be adjourned and shall be held at the same venue after 30
minutes without further adjournment and with available members present. All the issues before
the committee in the meeting shall be decided by vote of simple majority by the members
present at the time of the meeting. The President or in his absence the Vice President or
the Chairman, who shall preside over the meeting of the committee shall have casting vote in
any issue , in case of tie.
16 In case any important decision needs to be taken urgently, the same can be done by circulating
the agenda through emails. The decision can be taken by vote of simple majority of the
MC members. A minimum of 60% need to share their opinion/ vote through emails in such a
situation.
17 No office bearer or member of the Managing committee shall be present in any meeting, where
there is an issue in which he is directly or in-directly involved or personally interested, is being
discussed. Any final decision on such issues shall be taken only after giving him an opportunity
of hearing.
18 The entire administration of the Association shall vest in the Managing Committee and the day-
to-day management of the Association shall vest in the President/ Secretary.
19 To transact all other business, incidental to the administration of the Association and fulfilment
Of its objects.
20 The EC shall be transparent in functioning and shall display the minutes of all meetings in all
the notice boards and in the online channel/ website of Gautami Enclave Resident Welfare
Association.

9. POWERS OF MANAGING COMMITTEE & EXECUTIVE COMMITTEE

1 The President shall be Chief Executive Officer of the Association and he shall have the power to
preside over all the meetings of the Association and that of the Managing Committee
2 The President shall ensure that the funds of the Association are effectively managed. He along
with the Secretary and the Treasurer shall be responsible for the funds and Investments of the
Association.
3 The Secretary may convene the meetings of the Managing Committee or the General Body in
the manner, specified in these bye-laws
4 The Executive Committee shall be entitled to regulate the visits of the hawkers, vendors,
laundry, washer men, and maid servants, including the vegetable vendors, newspapers man
and milk man. In case of any unruly behaviour or misconduct on the part of such person, the EC
shall intimate the same to the resident concerned, who shall co-operate with the EC in taking
suitable action.
5 The EC shall be responsible for day-to-day maintenance and shall have the power to supervise
the staff. All the appointments of the staff and their service conditions shall be made in by the
President in consultation with the Secretary and the same shall be appraised to the Managing
Committee in its next meeting and all the decisions of the President in this regard shall be
subject to approval of the Managing Committee at such meetings.
6 The President or the secretary is authorized to represent the Association before any Authority,
Court or Tribunal for the purpose of prosecuting or defending any legal proceedings or other
applications. In the interests of the Association, the President/Secretary, at their discretion, may
seek legal opinion from a qualified legal personnel and/or engage advocate to defend the
Association before any Authority/Court/Tribunal. The Secretary shall apprise the General Body in
its next meeting about the status of any such legal proceedings or other applications.
7 The President, Secretary and the Treasurer shall open and operate the Bank Account jointly in
the name of the Association and any two of them, jointly can withdraw funds from the bank
account.
8 The Secretary and Treasurer shall maintain all the records and accounts of the Association and
the accounts shall be kept in proper custody in the office room for inspection of all the
members’ at all reasonable times. The Secretary and Treasurer shall also make the accounts
available during the General Body meeting to be convened under these bye-laws.
9 Vice Presidents shall perform the functions of the President when the post falls vacant by
resignation, death or otherwise and the Treasurer shall maintain the accounts and shall prepare
annual report for the audit and also approval of the General Body
10 The Joint Secretary shall perform the functions of the Secretary and the Treasurer when such
post falls vacant by resignation, death or otherwise when they are not available for discharge of
their duties.

10 GENERAL BODY/ ELECTION PROCESS

1. The General Body consists of all elected/ nominated members (MC) with voting rights of the
Association and the members of the Advisory Body. It shall meet once a year on or before 15 th
of July or whenever considered necessary (for discussion of any critical matters) by the
President or in his absence the Vice-President, who shall preside over the meetings of the
General Body and shall have casting vote in any issue in case of tie
2. In case the Secretary fails to convene any meeting in the manner prescribed under these bye-
laws, the President or the members who made the written request may convene the meeting by
giving 7 (seven) days notice to all the members and such a meeting shall have the same effect
as the one convened in the ordinary course
3. The place of meeting shall be held at a suitable place convenient to the members as may from
time to time be designated by the Managing Committee, within the premises of Gautami
Enclave only.
4. The final authority of the Association shall vest in General Body, which shall be convened in the
manner, specified in these Bye-Laws.
5. The meeting shall be stipulated by an Agenda that shall include, among other things, the
following:
1 Roll call and election of chairman to conduct the meeting.
2 Reading of the agenda of the Meeting.
3 Consider and approve the Minutes of the preceding Annual General Meeting and
Special Meeting/s, if any and to note the actions taken thereon.
4 Consider and approve the Executive Committee’s Annual Report for the precedi
ng year.
5 Report of sub-committees and their adoption, with changes, if any.
6 Adoption of the audited accounts for the preceding year along with the Auditor’s
Report and the treasurer’s report, after discussion thereon.
7 Declaration of the management committee and its members
8 Election of the office Bearers (Executive Committee) (The election process to be
followed is detailed below)
9 Adoption of the Budget for the following year – this may be deferred to a later date
once the budget for the following year has been finalised by the newly selected EC.
10 Amendments, if any, to Rules and Byelaws of the Association.
11 Appoint auditors and fix their remuneration. Auditors so appointed shall hold office
till the next Annual General Meeting.
12 Any other business with the permission of the chair.
13 Consider, scrutinize, approve and accept the “Receipts & Payments Account”
and “Balance sheet” of the Association for the preceding year and approve and
sanction the annual budget for the next year;
14 Consider, approve, and initiate such action as may be necessary on the reports
of the secretary and Auditors;
15 Consider, approve and initiate such action as may be necessary on reports, if
any submitted by the committees;
16 Consider, and initiate such action as may be necessary on the report of the Registrar,
or of the Officer duly authorized by him;
17 Consider, and deal with appeals against the action of the MC, if any, or any
Member thereof;
18 ELECTION PROCESS:
1 The incumbent secretary shall announce to all members the election date with at
least 2 weeks advance notice. Secretary shall have to convene an AGM for such
election
2 The Secretary & President in consultation with the EC & MC shall appoint an
election committee to be headed by an election officer. This body of at least 2
members (election committee) shall over-see the election procedures. This body & its
members cannot take part in the elections and will have to stay impartial
towards the elections and its participants. The secretary will have to share details
about the election committee to all members.
3 The elections will also have to be over-seen by any person who is not a
member/ resident of Gautami Enclave (observer). The person should have the
experience and expertise in conducting such elections and will have to be approved
by the MC.
4 The election committee shall have to share the election process with all
members at least 1 week in advance.
5 Members interested in the elections shall have to share their candidature
details with the election committee. All candidature shall have to share with the
election committee at least 24 hours before the date of election.
6 Voting will be by secret ballot, or show of hands, as decided by the election
committee.
7 Proxy Voting: Every member shall be eligible to cast his vote through his proxy
for Annual General Body Meeting (AGM) and Special General Body Meeting (SGM)
only. Proxy forms can be filed in physical form or through email. The role
of proxy is only restricted to the extent of casting of votes as authorized by the
members. The proxy (in his capacity as a proxy) cannot participate in the
deliberations of the Annual General Meeting.
8 Disqualification: Representatives or residents of defaulting Buildings or defaulting
members as defined herein above shall not be entitled to exercise the voting rights
9 QUOROM -
For an Annual General Body Meeting or a Special General Body Meeting
where a 15-day notice has to be issued, minimum 51% of the MC
can constitute a Quorum. In the absence of a majority, the Meeting shall be
adjourned and shall be held at the same venue after 30 minutes
on the same day, without further adjournment and with available members
present. The minutes of the meeting shall have to be shared with the entire MC
within 15 days of the meeting.
10 The election committee shall have to make the minutes of the meeting and
declare with all residents/ members after the elections.
11 In case of any disputes, the decision of the election committee, along with the
observer and the incumbent president shall be final
19 ELIGIBILITY OF VOTING/ ELECTION NOMINATIONS/ CANDIDATURE GUIDELINES
1 The first member of the MC from every Building shall have the voting right. In
his absence, the second nominee/ representative will participate in voting.
Alternatively, he shall be eligible to cast his vote through his proxy. Proxy
forms can be filed in physical form or through email. The role of
proxy is only restricted to the extent of casting of votes as authorized by
the members. The proxy (in his capacity as a proxy) cannot participate in
the deliberations of the Annual General Meeting.
2 All these posts - President, Vice President, Secretary, Jt. Secretary, Treasurer
and 4 Executive committee members of the committee shall be elected by the
members of the MC every 2 nd year through the process of election. Once
elected, each member shall hold the post for a period of 2 years. In case any of
these posts fall vacant due to resignation, death or otherwise, re-elections will
be done for that post.
3 To be eligible for these posts, the members need to be owners of a Flat in
Gautami Enclave and residing in Gautami Enclave having voting rights and
should be part of the Managing Committee or the Advisory group. This is
however subject to other rules herein.
4 To be eligible for these posts, the building should have completed one year of
membership with the association.
5 The President’s post can be contested only by a person who is already an EC
member for atleast 1 full year or has been an EC member in the previous 3
years.
6 The Secretary’s post can be contested only by a person who is already an EC
member or has been in the advisory for one full year or has been an EC member
in the previous 3 years.

11 RAISING OF FUNDS

1 Towards monthly maintenance charges to be shared by all the Members/ residents/owners


at such rate decided by the Managing Committee from time to time
2 By way of fee collected for utilizing the halls/common place for hosting any events/activities for
gain by any business promoter

3 By way of rent or license fee earned for keeping hoardings, advertisement board or for such
other commercial usage of common areas.
4 By any other mode as may be decided by Managing committee from time to time subject to any
resolution of the General Body.

12 FUNDS

1 Corpus Fund: The MC may decide to initiate proceedings for creation of a corpus fund as &
when required.
2 The Secretary and the Treasurer shall credit all the amounts collected from time to time by way
of transfer fees, fine, lease etc., except those collected towards monthly maintenance charges
or for special occasion like festivities, to Gautami Enclave Residents Welfare Association bank
account, at the end of each Quarter, a statement of account to be submitted to the General Body
3 The Secretary and the Treasurer shall maintain accounts with all diligence and submit the
accounts closed up to 31st March of each year and audit report certified by a Chartered
Accountant, to the Annual General Body meeting to be held on or before 15 th day of July every
year. Such statements and reports shall be open for inspection of all the members of the
Association during all reasonable hours. The Managing committee shall be trustee of the
corpus fund and shall be accountable for proper maintenance, upkeep of the corpus fund and
for use thereof.
4 The committee shall collect in advance (prior to usage of the complex and its facilities) the fees
as prescribed by it from time to time for using the sports complex, for utilizing the
halls/common places for private functions by the residents, for utilizing the halls/common places
for hosting any events/activities for gain by any business promoter.
5 All amounts collected by the Association other than the amounts credited to the corpus fund
shall be deposited in the bank account to be opened in the name of “Gautami Enclave Residents
Welfare Association” to be operated by the President, Secretary and Treasurer. The cheques
shall be signed by the Treasurer along with either President or Secretary. The Treasurer shall be
liable for accounting of all receipts and payments to the Managing committee.

13 INVESTMENT AND UTILIZATION OF FUNDS

1 The Funds raised by the Association for the purpose of the maintenance shall be utilized only
towards the management and maintenance of the common areas and amenities like roads,
water supply, common drainage, lightning of common areas, gardening, cleanliness and
sanitation, security, operational cost of Association office, etc and also any taxes and any
other amount payable to the Government whether Central, State or Local or other Statutory or
public bodies. The operational cost shall mean and include the payment of salaries to the staff
employed by the association, either on regular or casual basis or on wages or to any agency on
contract basis, expense towards printing, stationery, postage, audit fee, legal fee, water charges,
electricity charges and pest control services for common areas and any other charges as may
be decided by the Managing committee from time to time subject to any resolution of the
General Body.
2 The Managing committee shall be the sole authority to decide the amount to be contributed by
each member/resident/owner towards monthly maintenance for Gautami Enclave. Every
member/resident/owner shall be liable to pay the monthly maintenance charges without demur
on or before 15th of every month, without any default. The executive committee & its treasurer
shall display the amount payable towards monthly maintenance charges in the notice board.
3 Subject to the approval from MC, the investment and deposits of fund/monies of Association
shall be made in such a way that is most beneficial to the Association.
4 The treasurer will hold cash in hand as specified by the Managing committee for petty expenses.
5 Any excess funds (Any amount in excess of 6 months of operating expenditure) shall be
deposited as a Fixed Deposit with the bank or as decided by the MC in consultation with the EC.
6 Salary of the employees may be paid by Cheque and any payments in excess of Rs. 3000/- in any
manner shall be made by Cheque only/-
7 Any petty expenditure upto Rs.1000 can be approved & spent by any EC member once in a
month.
8 Between, the President, Secretary and the Treasurer, any 2 members together can approve an
expenditure of up to Rs.4000 for works related to the association.
9 Any expenditure up to Rs.15000/- per item/ project may be proposed by the Head of Sub
committees appointed for specific purpose and shall have to be approved by majority of
the executive committee members but not without the approval of the President. Expenditure
amount Limits is subject to change provided agreed by majority of the managing committee
members.
10 Any expenditure in excess of Rs. 15000/- per item/ project may be proposed by the Head of the
Sub –Committee to the executive committee first. And upon approval of the EC, the same has to
be proposed by the head of the sub-committee and secretary/ treasurer jointly to the MC.
11 A minimum of three quotations shall be called for, to meet the expenditure for any work/item
costing in excess of Rs. 20,000/- or more and the quotation having the minimum quote shall only
be taken into consideration without compromising on the quality. Expenditure amount limits is
subject to change provided agreed by majority of the managing committee members. In case,
the sub- committee is unable to procure 3 quotations, the sub-committee shall present the
received quotation to MC & proceed with it upon approval.
12 All approvals may be taken in writing or emails or any other electronic form also. In case the
approval is being taken during any meeting, then the same will have to be minuted.

14 APPOINTMENT OF AUDITOR & POWERS


1 The Association shall appoint an Auditor at its General Body meeting who shall audit the
accounts of the Association 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 to be correct,
duly vouched in accordance with law or specially report to the Association in what respects he
find them incorrect, un-vouched or not in accordance with law.

2 The Auditor shall be entitled to call for examine any papers or documents belonging to the
Association relating to the common areas and facilities (including limited common areas and
facilities) and common expenses and shall make special report to the Association upon any
matter connected with the Account which appears to him to require notice.

15 DISPUTE RESOLUTION

1 Any dispute between the Managing Committee and the member or between the member and
member regarding the management, maintenance or utilization of any common areas and
amenities, including the amount to be contributed towards maintenance charges, sports complex
charges, payment, non-payment of such charges or any other amount due to the Association, OR
between Building and Building shall be referred to a Grievance Committee. Such a “Grievance
Committee” shall consist of at least 3 members – one of them shall be a legal consultant (either
GERWA member or non-member), 2nd shall be the building representative and 3 rd shall be the
president of GERWA.

2 The Grievance committee shall elect its own chairman. The decision of Grievance Committee
shall be by majority and all proceedings of the Grievance committee shall be recorded and be
presented to the General Body in its General Body meeting. The Grievance Committee shall hold
its meetings as per the requirements. The Grievance Committee shall dispose of the grievance or
complaints as expeditiously as possible within one month of notice to the parties concerned.

16 SPORTS COMMUNITY CENTER, PARKS, RECREATIONAL AREAS, ET ALL

Every member of GERWA shall automatically become a member of the Recreational Area and he
shall use the same as per the rules and regulations framed by the committee from time to time for
its maintenance and its usage and no other member shall be allowed to use the recreational area,
except in the manner decided by the MC.
17 GAUTAMI ENCLAVE PARK

1 Tot Lots are created and are exclusively meant for the children in Gautami Enclave Garden but
will not be supervised.
2 Smoking and Alcoholic drinking is strictly prohibited near the Tot Lots and any person violating
the same is liable to pay a penalty and shall have to face the legal prosecution as per the law of
the land.
3 The Association is not responsible for any accident or injury which may be sustained to the
children or any person whether a member of the Association or not, arising directly or indirectly
out of, or in connection with use of the facilities in the tot lots or any other common
facility and whether by negligence or otherwise.
4 Property left in the garden, sports complex and community centre shall be kept under the safe
custody of the care-taker appointed by the Managing Committee for not more than 1 (one)
week. During this period, a notice shall be put up at the GERWA notice board. After one week,
the said property shall be deemed to be abandoned and shall be sold or otherwise disposed off
without any further notice.

18 HALLS AND COMMON PLACES

1 All the residents of Gautami Enclave may use halls or sports complex for any functions, meetings
on payments of fee as decided by the Managing Committee or revised from time to time.
2 The Managing Committee at its discretion may lease or rent the hall or common places for
hosting any event/activities for gain by any business promoter.
3 No person other than the residents of Gautami Enclave shall be entitled to use the hall or
common places. If any resident is found to have misused this facility and allowed any
non-residents to use the halls or common places in his name, the committee shall collect a
prescribed penalty as may be revised by the Managing Committee from time to time from such
defaulting resident
4 Applications for reservations of any halls or common places for any functions, meetings shall be
made to the Secretary/ Joint Secretary or any other appointed member in the EC, usually at least
30 days in advance and all the bookings will be done on first come first serve basis and the
Secretary / President shall have the absolute discretion to allot such booking. The president/
secretary along with the EC shall have the right to decide on the kinds of events to be allowed in
the halls/ common places. The Secretary/ President/ EC shall have the authority to decide the
charges for usage of the halls or common places, charges for advance, cancellation charges, etc.
5 The Applications for reservations must state the nature of the function or meeting, approximate
number of guest invited and the likely duration and the resident holding function or meeting
shall be responsible for cleaning up the area immediately afterwards, or to undertake to pay the
charges to the Association for getting the same cleaned.

19 GENERAL
`
On the winding-up of the Association being decided upon, as per the provisions of the Act, any
property, moneys or what so ever remaining after satisfaction of all the debts and liabilities of the
Association shall be dealt with as per the applicable laws.

20 AMENDMENTS TO THE BYE-LAWS

These Bye-Laws may be amended in a meeting of the General Body specially called for said purpose
by giving 15 days notice thereof along with agenda and no amendment shall take effect unless the
same is approved by simple majority of the total elected/Nominated members present during
General Body.

21 DECLARATIONS

We, the undersigned, hereby declared that we will be responsible to run the affairs of the
Association.
Appendix A

- 18 - | G E R W A – R e g d N o . 9 2 0 / 2 0 1 2 ,
Approved by AGM & applicable from February 2014
Certified To Be Correct Copy

Sl.No. Name & Father’s Name Designation Address Signature

Witnesses:

- 18 - | G E R W A – R e g d N o . 9 2 0 / 2 0 1 2 ,
Approved by AGM & applicable from February 2014
- 18 - | G E R W A – R e g d N o . 9 2 0 / 2 0 1 2 ,
Approved by AGM & applicable from February 2014

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