MEMORANDUM OF ASSOCIATION AND BY LAWS

OF
EMPYREAN GRASSFIELDS OWNERS ASSOCIATION
We the signatories to this memorandum of association being the owners of Bungalows in the
residential scheme titled “Empyrean Grassfields” by M/s. Rajvir Aries Infratech, Baroda., hereby
agree to constitute ourselves into an Association for the purpose of common maintenance and for
incurring common expenditures in relation to common premises of “Empyrean Grassfields”.

1. The name of this association shall be “EMPYREAN GRASSFIELDS OWNERS ASSOCIATION”.

2. Its registered office shall be situated at Empyrean Grassfields, Behind Jalsa Bungalows,
Sevasi TP 1, Sevasi, Vadodara-391101.

3. In the scheme of Empyrean Grassfields, there are total 28 Bungalows and the purchaser of
Bungalows in it shall perform his/her responsibility/duty for the common benefits of the
members and maintenance of the common premises and its continuity.

4. The association shall collect maintenance deposit per Bungalow Rs. 550000/- (Rupees Five
Lakh Fifty Thousand only) for 28 Bungalows and the association shall open a savings bank
account in a nationalized/private bank in the name of the association and deposit the same
in it. The Association shall make Fixed Deposits in the name of association with the
nationalized bank out of the funds so collected. The Monthly/Quarterly interest credited in
bank account shall be utilized for the maintenance of the common facilities. The Association
may also collect such other additional amount towards maintenance charges from its
members as per the requirement and as decided by the working committee from time to
time.

5. The owner of the Bungalows cannot change the outside look of the Bungalow including its
outside colour, elevation, grill, balcony, front look etc. and the same has to be maintained
(re-colouring with same shade) as per work done by the Builder.

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6. The members of association shall be permitted to do any function, party, social gatherings,
and meetings only after taking prior permission of working committee. The members of the
association are not permitted to carry out any commercial activities. (I.e. dance classes,
tuition classes, any type of shop etc.)

7. It shall be the duty of every member of association to take care that there is no trouble,
disturbance or problem to the other members of association. The members shall not
indulge in any misbehaviour with other member. Members should take care that the sound
of their TV, Music System, and Radio etc. should not cause any disturbance to other
members. Members shall park their vehicles including cars properly in their own parking
space and should take care that movement of vehicles of other members is not obstructed.
The vehicles of guests of the members shall be parked outside the main gate at owner’s risk.

8. The family of the members of the association will have to take interest/play role in cultural
activities and social life precisely together and take part in cultural activities.

9. For the purpose of maintenance of the garden, common road, water pump, generator and
other facilities and amenities situated in EMPYREAN GRASSFIELDS OWNERS ASSOCIATION
shall take all requisite steps. The association is not responsible/ liable to maintain the
internal part of Bungalows.

10. The association is established with consent of all the members.

11. The main object of this association is that the entire Bungalow’s owners of EMPYREAN
GRASSFIELDS who are the members of this association shall look after the maintenance of
the common area which is to be carried out justly and properly.

12. That the maintenance amount decided shall be paid by the members to the association
irrespective of the fact whether the members is in actual possession of the Bungalow or is
vacant or the Bungalow is given on rent or otherwise. If the maintenance amount is not paid
within stipulated time limit then 15% interest p.a. over and above the maintenance amount
shall be paid by the concerned member.

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13. The bank account be opened with nationalized/private bank and all financial transactions
shall be routed though this bank account. The bank account shall be operated jointly by any
two authorized signatories of the association out of the President, the Secretary or the
Treasurer. For petty cash treasurer will be allowed to keep Rs.10000/= (Ten Thousand only)
day to day for expenses. All expenses above Rs.5, 000/- be made by cheque, either bearer or
account payee and all expenses above Rs. 20,000/- shall be made only by account payee
cheque.

14. The financial account of income and expenditure will have to be maintained by the
Treasurer and necessary yearly account details be declared every year in annual General
Body Meeting for approval within Three months from the end of Financial Year. The financial
year will be April to March. Next years projected plans and development expenses may be
discussed during the meeting. All the details of income and expenditure are provided to all
the members before one week of Annual Gen. Body meeting for suggestions, making
corrections.

15. That the true copy of statement of profit & loss and the balance sheet shall be sent to each
and every member till 15th June. With such every balance sheet the full list of the members is
to be appended in which their names, Bungalow owners name etc. are to be mentioned. As
per the provisions of law necessary statements of account and registers are to be
maintained.

16. The individual who is holding the ownership of the Bungalow in EMPYREAN GRASSFIELDS
can only become a member of the association and provisions are made to the effect that
each and every person holding Bungalow in EMPYREAN GRASSFIELDS shall have to become
a member of the association which is mandatory.

17. That the working committee shall be responsible for the appointment of watchman,
housekeeping agency/Sweeper and necessary staff for the maintenance of the garden, road,
Street Light etc. and to decide their salary, light bill and all other expenditure etc. That the
salary to staff such as watchmen, cleaning worker, sweeper or gardener be decided in case,

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 the expenditure is not met out from interest income, the difference be equally collected
from every Bungalow owner by passing a resolution. That payment of Expenses is made
from interest income on fixed deposit.

18. All the members shall pay the additional security deposit decided in the meeting previously
at the inception of every year. If any of the members of the association fails to make the
payment the working committee can take necessary legal action for the recovery of such
amount with penal interest at the rate of 15% as stated above from them.

19. On death of member the name of his/her legal heirs of the deceased member shall be
mutated / entered and for this purpose the decision of the working committee of the
association shall be treated as final. If the member desire to make nomination, then he / she
shall have to inform the association in writing well in advance.

20. If the member sells his/her Bungalow then the transferee/purchaser of the Bungalow shall
have to pay Rs.1,00,000/- (Rupees One Lakh Only) towards the transfer fee to the
association, and this condition is to be strictly observed. This amount shall be reviewed after
every two years subject to the approval in the annual general meeting. The member who
intends to sell his/her Bungalow shall have to procure no objection certificate from
association.

21. If the member of the association is not using the said Bungalow for self and he/she if allot
the same to other person on rental basis or to their relatives then he/she shall have to
obtain the permission from the association. If any member gives his/her Bungalow on rent
then he is bound to provide the true copy of the information given to the police department
in respect of the tenant.

22. That the association will keep one suggestion book in which if any complaint or instruction is
respect of the cleaning, gutter/drainage, roads, street light etc. is made by member then It
shall be entered in the suggestions book and shall be resolved properly, within reasonable
time.

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23. Duties.
A. The activity in respect of the maintenance & other activities are to be carried out by
the association.
B. The main gate shall be safeguarded properly.
C. Minimum 24 Hours watchman shall be placed.
D. That the agreement in respect of regular cleaning for the internal road, drainage as
well as compound wall by making white wash and to keep the street light in working
condition same as provided by builder.
E. Minute’s book is to be kept and maintained by The President & Secretary.

24. General Body Meeting:

The first general body meeting of the association shall be called at the earliest. This meeting
shall elect the president, secretary, treasurer / executive members (not excluding Seven) of
the working committee. If found necessary then at the request of working committee or at
their convenience the next general meeting shall be called for the purpose of the effective
activities of the working committee.

25. The annual general meeting shall be held within 3 months on completion of the financial
year in which following agendas shall be worked out.
A. To elect President, Secretary, Treasurer and executive members for the working
committee from the members with the consent of concerned individual.
B. For the purpose of activities to be carried out in the next year the association shall
take in to account the report and statement of account of the working committee
and proper sanction must be given.
C. That the president of association shall chair the annual general meeting and in
absence of the president, the secretary shall chair the meeting and in absence of
both of them a person nominated by majority out of remaining members shall
preside over the meeting.

26. Activities of General Meeting.

In the notice in respect of holding of each general meeting the place of meeting, the names
of candidates if there is election, and the purpose of holding such meeting must be
mentioned and shall be circulated to each and every member at their doorstep prior to 10
days of such meeting. President, Treasurer and secretary’s terms shall be for one year, and
are eligible to be recollected.

27. In Annual general body meeting the members the working committee shall be elected at
every 2 year in which the provision is made to the effect that the members of working
committee shall be treated proper for re-nomination.

28. That if any place falls vacant during the tenure of working committee then the same shall be
filled by the working committee of the association.

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 a. A resolution shall be passed unanimously by the present members. If there is a tie in
the votes then President can give casting vote.
b. If amendment is to be carried out in the constitution then the same shall be
amended by a resolution passed by the 2/3rd majority of the present members.

29. Powers of working Committee:

As per the provisions of law and subject to the resolution passed in General body Meeting
the management of the association shall be under the control of working committee. The
working committee will collect the amount from each member for maintenance of common
portion such as road, Street Light, Garden club house whenever found necessary and
accordingly the collected amount shall be utilized for every purpose.

30. The secretary and treasurer shall verify the account and inspect the books of account and
also take the action for recovery of due amount of association.
a. To approve the contingent expenses; to collect the cash amount and to do other
misc. work.
b. To look after the register of cash transaction and maintain regularly and approve all
payment vouchers.
c. To hear and dispose of complaint.
d. To deposit the amount of association in the bank and to get the signature of the
president, secretary or treasurer.
e. To appoint an advocate, accountant, auditors and to appoint an employee, to
remove them and to fix their duties and salary and to obtain the books from them, if
required.
f. To settle the suit, claim, rights and to take legal action for the interest of the
association.
g. To call the meeting of association according to its constitution.
h. The working committee will do all works to achieve and fulfil the objects of the
association.

31. Procedure of working committee.

The meeting of working committee shall be called at the place and time they have decided.
The number of members (corum) shall be 7 (seven) Including president, secretary and
treasurer.

32. In absence of both the president and secretary a person amongst the members President
shall be elected by the members who shall preside over the meeting. In the said matter if all
the members of the committee are involved especially and personally then they shall not
cast their vote.

33. Secretary, Treasurer.

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 That the secretary shall call all the meetings of the association and will remain present in the
meetings and shall make entry of the work in the entry book and under it as instructed by
committee and the president of the meeting shall put his signature.

34. That the secretary shall prepare the report in respect of the work of association as per the
requirement of working committee.

35. If there are any documents and other writings of the association then the seal of the
association shall be under the control of secretary and working committee shall keep the
account for the same.

36. All the correspondence of the association shall be done by the secretary.

37. That the secretary shall discharge/perform his all duties under the control of working
committee.

38. The working committee can give the account, receipt and to keep the cash to the treasurer
by passing resolution and in absence of secretary it should be entrusted to any other person.

39. Upon all the receipt of the association the treasurer and secretary shall do the signature and
on any other documents the president, secretary or treasurer shall put the signature.

40. Audit shall be done at every year and if any discrepancy appears in it then it should be
rectified and got approved and rectification report shall be sent it to all members.

41. If any notice is issued in respect of any matter then the same shall be considered as received
by the member properly only when the same shall be either sent through post at the
registered address of the members.

42. The seal of association shall be in the custody of the secretary and the same will be used
according to the powers given under resolution of the working committee.

43. The financial year of the association shall be commenced from the 1 st April and ended 31st
March and the copy of balance sheet of the association shall be kept at the club house of the
association.

44. In general the Bungalows owners are eligible for the membership of the association and in
absence of the owner of the Bungalows, the one authorised representative can be attend
the meeting and he/she is empowered the voting rights of the said association. The
authorised person should be family member either his/her father, mother, brother, sister,
son and unmarried daughter.

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 45. Be provided for by appointing security guard for 24 hours. Initially it may the proper security
be for 12 hours in nights i.e. 7.00 p.m. to 7.00 a.m. All committee members will work
honorary without any remuneration.

46. All the members shall be required to strictly follow all the terms and conditions as per the By
laws of the association (as per para 1 to 45 above).

47. The date of the incorporation of the said association is ___________________.

IN WITNESS WHEREOF, Presented members of the Bungalow’s Owners hereto acknowledge that
they have read the terms and conditions contained herein, understand and agree to the same and
agree to be bound by its bylaws made by this association. It is also Seems that there should not be
any problem to obey the Bylaws by other members also.

Unit No. Member’s Name Mobile No. Sign.

1
2 MR.PARAG CHUGH
3 MR.NIMESH PARMAR
4
5 MR.PRADIP LUHANA

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7
8 MR.ABHISHEK RAI
9 MR.SUMIT OZA
10 MR.VIJAY PATEL
11 MR.NISHIT SHAH
12 MR.SHAILESH PATEL
13 MR.MAHESH PATEL
14 MR.HARESH AMLANI
15 MR.RAKESH KAPADIA
16 MR.JWALANT CHAUHAN
17 MR.CHAITANYA SHAH
18
19
20
21
22
23
24
25 MR.DILIP PATEL

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27 MR.VIRENDRA PATEL
28 MR.RUCHIR SHASHTRI

______________________________
(Mr. ??????? – President)

______________________________
(Mr. ??????? – Secretary)

______________________________
(Mr. ???????? -Treasurer)