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Sispal Vihar AWHO Bye-Laws, 2012

BYE LAWS

SISPAL VIHAR SOCIETY, ARMY WELFARE HOUSING ORGANISATION,

(AWHO) 2013, FORMED UNDER ARMY WELFARE HOUSING ORGANISATION,(AWHO) RULE,1987 AND THE HARYANA APARTMENT OWNERSHIP ACT,1983

REGISTERED UNDER THE HARYANA REGISTRATION & REGULATION OF

SOCIETIES ACT,2012

Chapter - I

1. Short title and Application:

(i) These Bye-Laws may be called the Bye-Laws of the Association of Apartment

Owners of Sispal Vihar, (AWHO), Gurgaon.

(ii) These Bye-Laws shall apply to the members of Association of Apartment Owners ofthe Sispal Vihar Society, (AWHO). This Multistoried Apartments Complex is

situated at Sector 47 & 49, Sohna Road, Gurgaon 122018 (Haryana).

(iii) All present owners, their successors-in-interest, tenants, future tenants or their

employees who may use the facilities of the Multistory Apartment Complex in any

manner shall be bound by the provisions set forth under these Bye Laws.

(iv) The acquisition of ownership or on rent of any Apartment (hereinafter referred to as

"Dwelling Unit") of the Complex or act of occupancy of any of the said units will

signify that these bye-laws are accepted, ratified and will be complied

with.

2. Definitions:

Unless otherwise specified, all words and phrases used in these Bye-Laws shall have

same meaning as ascribed to them under the Haryana Registration and Regulation of

Societies Act, 2012 and the rules framed there under and the Haryana Apartment

Ownership Act, 1983 and under Army Welfare Housing Organization (AWHO) Rule,

1987

3. Haryana Apartment Ownership Act, 1983

The Multistory Apartments and EWS accommodation complex raised at Sector 47 &49, Sohna Road District Gurgaon (Haryana), and known as the Sispal Vihar

(AWHO), is submitted to the provisions of the Act and the rules made there under.

4. Army Welfare Housing Organisation Rule,1987

The Sispal Vihar (AWHO), Multistory Apartment Complex at Sector 49, EWS

Complex and Community Center Number 2 in Sector 47, Sohna Road, Gurgaon

122018 were constructed by Army Welfare Housing Organisation under the Welfare

Scheme exclusively for the ex-servicemen and serving Army Personnel on no loss no

profit basis. Army Welfare Housing Organization (AWHO) Rule, 1987 thus have

primacy and are obligatory for Sispal Vihar (AWHO) Society. Sispal Vihar Complexwas transferred by Army Welfare Housing Organization (AWHO) for its Management

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exclusively by serving / ex-serviceman of Defence Services by those who are the

Owners of the Apartment in Sispal Vihar under AWHO Rules, 1987. Civilian Members

of the Society can be elected to the Collegium but are debarred from holding any

Central Appointment in the Governing Body like President/ Vice President, Secretary,

Joint Secretary, Treasurer or Joint Treasurer.

Aims and Objectives of Sispal Vihar Society:

The aims and objectives of Sispal Vihar Society shall be:-

(i) to be and to act as the Association of Apartment Owners of the Multistory

complex called the Sispal Vihar Society (AWHO), (hereinafter called

"complex") who have filed their respective declarations submitting their

apartments to the provisions of the Act.

(ii) to manage, invest or deposit contributions and other money with Sispal Vihar

Society as approved by General Body Meeting of Collegium; in the best interest

of the Society in accordance with Bye Laws and in strict observance of the

'Canons of Financial Propriety'.

(iii) to ensure that the complex is properly managed, maintained and administered in

a manner compatible with the standards and expectations of the apartment

owners;

(iv) to provide for the maintenance, repair and replacement of fittings, fixtures,

appurtenances or other property requiring maintenance, repair and replacement

comprised in common areas and facilities by contribution made by theapartment owners;

(v) the contribution from Apartment Owners for Maintenance of common areas,

restricted common areas, Club maintenance charges, tariffs and other charges

will only be recovered as approved in the General Body Meeting;

(vi) to retain and permit use of common facilities by Residents against an approved

charge after approval from General Body Meeting and appropriate such income

for the objects of Sispal Vihar Society or its credit to a Capital fund; limited to

the extent permitted by the Bye Laws or as approved by the Collegium. Non

Residents will not be permitted to use any common facility even onpayment.

No non member should be permitted to use the facilities of the society. It is

a commercial activity and a security risk. It is a loop hole likely to misused

for personal gains or helping the service providers of the society. This

provision should be deleted.

(vii) to establish and conduct educational, physical, social and recreational activities

for the benefit of the apartment owners. No payment will be paid to any

commercial organisation/ individual for organising such events. on its own

account or jointly with individuals or institutions;

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or jointly with individuals or institutions is a commercial activity which is

not allowed under the Bye-laws and can be misused by vested parties of the

Governing Body. This provision needs to be removed from the draft laws.

(viii) All jobs will be outsourced and only a small staff will be kept / recruited for

running of the office. The number of employees on central rooster should not

exceed 10 under any circumstances. If there is need to hire more staff prior

approval will be taken of the Collegium with 2/3 rd people voting in favour. No

provident fund for the benefit of full-time employees of Sispal Vihar Society, as

required under the law of the land, after following the prescribed procedure;

The Society has well defined activities and mostly are out sourced. The

society should not be burdened with permanent staff with connected

liabilities. The limited staff required should be employed on contract or out

sourced.

(ix) to do all things necessary or/and otherwise provide for the attainment of the

objects specified in these Bye-Laws.

(x) Sispal Vihar Society shall not act beyond the scope of its objects without

suitably amending the provisions of these bye-laws for the purpose;

5. Affiliation

Should there be any Federation of apartment owners in which Sispal Vihar Society

(AWHO) is situated, Sispal Vihar Society may become a member there of if it is free.

Prior approval on year to year basis be taken from the Collegium for making anypayment of any sums to such Federation.

Chapter - II

Membership for Sispal Vihar Society for Apartment Owners of Sispal Vihar

6. Terms of admission for Membership of Sispal Vihar Society

(i) Apartment Owners who have been allotted apartments originally by Army

Welfare Housing Organisation (AWHO) will become the members of SispalVihar Society.

(ii) Subsequently, persons who have been allotted apartments on transfer by Army

Welfare Housing Organisation (AWHO) will also be the members of Sispal Vihar

Society.

(iii) Apartment owner who owns an apartment in Sispal Vihar Society (AWHO),

Sector 49, Sohna Road, Gurgaon, will be governed and will abide under the

clauses 3 to 6 of these Bye-Laws submitting the apartment to the provisions of

The Haryana Registration & Regulation of Societies Act, 2012, Haryana

Apartment Ownership Act, 1983, and Army Welfare Housing Organization Rule,1987 shall be a member of Sispal Vihar Society,

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(iv) Each member shall receive a copy of the bye-laws in electronic form for their

reference, of which a hard copy may also be supplied on demand of fee of Rs.

20/-.

(a) Upon any apartment owner transferring his/her apartment by way of any will, gift

or sale or family transfer through Court Decree or an apartment becoming liable

to transfer on account of natural inheritance, the successor-in-interest shall

become a member of Sispal Vihar Society, and shall be admitted as a member on

payment of the applicable membership fee to AWHO and Sispal Vihar Society

;Provided that any transfer of the apartment by way of sale to a third party, other

than those involving family transfers, shall require prior approval of the AWHO

and Sispal Vihar Society. The transfer fee to the Society will not be applicable for

cases where the wife / son/ daughter have inherited the property after the death of

the Members (as defined in these bye laws), however AWHO may charge them

any fee / payment as deemed fit by them.

(b) Further provided that wherever Sispal Vihar Society permits any such transfer,

the seller/ transferor or the buyer / transferee, as mutually settled between the

parties, buyer shall be liable to pay a one-time transfer fee to AWHO and to

Sispal Vihar Society. The amount to be charged will be approved by the

collegium and details of all such transactions will be placed before the

Collegium,

(v) On the death of an apartment owner, the apartment shall be transferred afteraffirmation from AWHO and Sispal Vihar Society to the person or persons to

whom the owner bequeaths the same by his or her nomination or will or to the

legal heirs of his or her estate, in case he or she has not made any specific

bequest of the apartment:

(vi) Where any legatee is a minor, the apartment owner shall appoint a guardian of

such minor to exercise powers and perform the functions required under these

bye-laws.

(vii) The Buyer and family transferee will also submit a copy of Conveyance Deed to

this effect to AWHO and Sispal Vihar Society office.

7. Disqualification:

Any member who has violated the rules and regulations/ Bye-Laws of Sispal Vihar

Society or who indulge in activities contrary to the interest of Sispal Vihar Society, a

resolution can be brought forward by the Governing Body against such members for

punishment / disqualification; and other steps will also be initiated as decided by the

Governing Body as per the Bye-Laws. The composition of the Disciplinary

Committee will be three prominent residents , to be approved by the Collegium .

The procedure will be as follows:-

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(a) Each individual case will be discussed in the Collegium Meeting.

(b) Each defaulting Member(s) will be served a show cause notice and given 30

days time to reply.

(c) Disciplinary Committee will investigate the case once the reply to the

show cause has been received and forward their recommendation to the

Collegium.

(d) Necessary action which can also include fine not exceeding Rs 5000 (five

thousand) can be imposed after a 2/3 majority have approved the case.

8. Joint Apartment Ownership

Where an apartment has been registered by the allottee in the Conveyance Deed in

favour of two or more persons jointly, they may be jointly entitled to the ownership of

the apartment. The membership of Sispal Vihar Society in such case will be issued in

the person whose name stands first in the Conveyance Deed and only that member

shall have the right to vote;

provided that such person, whose name stands first in the Conveyance Deed, may

transfer such right of vote to any one of the other joint owners under written

intimation to Sispal Vihar Society (AWHO) and Registrar of Society and thereafter

will forfeit his/her right to Vote.

9. Identity Card for Members of Sispal Vihar Society

Apartment owner admitted as a member of Sispal Vihar Society will be issued an Identity

Card containing his/her Photograph, brief particulars and duly signed by individual

member and the General Secretary of Sispal Vihar Society which will be required for the

election purposes. Apartment owner will be required to provide two copies of photograph,

Possession Letter / Transfer Letter from AWHO and a photocopy of Conveyance Deed.

10. Rights & Obligations of Members of Sispal Vihar Society

(i) All the members of Sispal Vihar Society shall be bound by the rules and regulations

of Sispal Vihar Society as contained in its bye-laws and as amended from time to

time;

(ii) Every member of Sispal Vihar Society shall have a right to cast his vote in the

elections from their respective Collegium of Sispal Vihar Society provided such

member is not a defaulter in payment of any dues of Sispal Vihar Society and the

annual subscription for a period of three months beyond the due date;however all

votes will be cast in person; proxy voting and postal voting will NOT be allowed.

(iii) Every member of Sispal Vihar Society shall have the right to inspect the books of

accounts, books containing the minutes of proceedings of the Special /General Body

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Meetings, meetings of the Governing Body and register of members of Sispal Vihar

Society on any working day by giving after serving one days notice.

(iv) Every member is obliged to inform Sispal Vihar Society about any changes in hisaddress, e-mail, mobile & telephone numbers on occurrence which shall be duly

recorded in the register of membership of Sispal Vihar Society.

(v) Permanent Members of the Sispal Vihar Society will automatically be members of the

Sispal Vihar Club. However, tenants/ relatives of Permanent Members who are

staying in the Sispal Vihar will have a choice of taking membership of the club by

payment of the charges fixed for such membership. The charges will be approved by

the Collegium and may be reviewed from time to time. The membership of the club

will not be compulsory for the tenants/ relatives of Permanent Members.

11. Cessation of Membership of Sispal Vihar Society:

Any person admitted as a member shall cease to be a member of Sispal Vihar Society in

the following events:

(i) Attracts the provisions contained in Section 22 of The Haryana Registration &

Regulation of Societies Act, 2012;

(ii) Upon his/ her acting contrary to the aims and objectives of Sispal Vihar Society;

(iii) Upon such member being found guilty of a financial misappropriation of the funds of

Sispal Vihar Society;

(iv) Upon removal by Collegium in Special / General Body Meeting by majority of Votes.

(v) Upon indictment and directions for removal by the District Registrar/ Registrar/

Registrar General of Societies;

(vi) Action in all above mentioned cases will be taken as per details / procedure out given

in para 7 above .

12. Deed of Declaration and Shares :

The AWHO was required to prepare a Deed of Declaration as per Haryana Apartment

Owners Act, 1983. The Deed of declaration gives the share quotient to the owners in the

common areas of the property and land of Sispal Vihar.

Chapter - III

Collegium of Sispal Vihar Society

13. Collegium of Sispal Vihar Society

The New Act promulgated as The Haryana Registration and Regulation Act, 2012 has

come into effect w. e .f. 28/03/2012 whereby these Bye-Laws of Sispal Vihar Society arereframed under this Act.

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14. Composition of the Collegium of Sispal Vihar Society:

(i) As per this Act, a collegium may have a minimum of 55 and a maximum of 300

members. Sispal Vihar Society has 1068 members. Approximately 80% of themembers of Sispal Vihar Society are either Serving Defence Officers posted in

different parts of the Country or retired and staying in a different location. Over

a period of time, the number of out-station members will reduce and the

numbers of resident owners will increase. The collegium size should therefore be

kept in mind both the present number of residents and their expected number in

the future and in a manner which is equitable to all Blocks.

Each Block be considered to be a electoral College. Groups can be manipulated

whereas to manipulate voting pattern in 17 Electoral College will be very

difficult.

(ii) The Sispal Vihar Society would be divided into 17 Electoral Colleges. Each Block

will be an Electoral College would be based on serial wise apartment from Tower-A to

Tower - S (comprising of all 17 Towers having a total of 1068 members of Sispal

Vihar Society) as under:

S.N. ElectoralCollege No.

Tower

No.

Apartment No. Total No. of Apartments

No of members ofSispal Vihar Society

No of members tobe elected for theCollegium

From To

1. 1

2

3

4

5

A

B

C

D

E

A-0101

B-0101

C-0101

D-0101

E-0101

A-1205

B-1205

C-1205

D-1206

E-1205

57

57

57

67

60

16

16

16

19

17

Bye Election for anyvacancy will

be held oncein a year. Date

and time of theelection will

be announced

by theGoverningBody after

approval bythe Collegium.

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6

7

8

9

F

G

H

J

F-0101

G-0101

H-0101

J-0101

F-1205

G-1205

H-1206

J-1201

60

59

67

56

17

16

19

15

10

11

12

13

K

L

M

N

K-0101

L-0101

M-0101

N-0101

K-1206

L-1206

M-1206

N-1205

67

67

67

67

19

19

19

19

4 14

15

16

17

P

Q

R

S

P-0101

Q-0101

R-0101

S-0101

P-1205

Q-1206

R-1206

S-1206

59

67

67

67

16

19

19

19

Grand total 17 - - 1068 300

(iii)The particulars and details of the members of Sispal Vihar Society (apartment owners)allocated to each Electoral College, are attached as Annexure 1 to these Bye-Laws.

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They will vote to elect 300 members to represent them in the Collegium as per

details given in the table above.

(iv) Any change in the allocation of members of Sispal Vihar Society (apartment owners)shall be made only upon cessation of the membership of Sispal Vihar Society and

induction of fresh members or on consideration of the request of any member, if

found feasible of acceptance.

(v) The Collegium of Sispal Vihar Society shall act as the General Body for all intents

and purposes and the members of the Collegium shall in turn elect five Office-bearers

and six executive members of the Governing Body.

The Collegium is recommended to have 10 members from each Tower rather

than having four electoral colleges. If the members staying in the society are less

than 170 then all members get automatically become the members of the Collegium.This aspect requires deliberation since it has long term implications.

15. Eligibility Condition for Election to be a member of Collegium of Sispal Vihar

Society:

(i) He/ She must be a member of Sispal Vihar Society and a resident of Sispal Vihar

Society.

He /She should be a serving or ex-servicemen of the Defence Services i.e

Army/Navy/Air force.

This provision debars the civilian members but allows Navy and Air Forcemembers. This provision may not stand scrutiny of law of the land. All legally

owners be allowed to become part of the management.

(ii) He/ She should not have any on going criminal case in the Court of Law.

(iii) He / She who were elected in any previous governing body or collegiums and did not

participate in any of its meetings will be debarred from contesting any elections for

three years.

(iv) He / She who was suspended as a member of Governing Body or Collegium and

whose suspension was approved in Special/ General Body Meeting, as given out in

para 7 above ,will be debarred to contest election for one term.

The Collegium has to define acts of omission under which a member can be

suspended and the maximum period of suspension for each offence. The offences

need to be inquired by Disciplinary committee of Collegium and action taken by

Collegium on the recommendations.

The debarring a member for six years is arbitrary and looks to be incorporated

with vengeance and should be removed.

(v) Each member who wishes to be a member of collegium will file his nomination in

person. No postal or proxy nomination will be accepted. Meeting and Registrar ofSociety was informed by a written communication to this effect.

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The para seems to be incorporated with a vengeance to score points against some

one and should not have a place in the democratic system. The provision needs to be

deleted and there are ample chances of it being mis used.

(vi) He/ She can contest for the election only from that Electoral College in which their

name appears as member of Sispal Vihar Society.

(vi)Any person / Their family members,if involved in any commercial activity with

Sispal Vihar Society, can become member of the Collegium but cannot become part of the

Governing Body

There should be no restriction since collegium is just a replacement for general body.

(vii) It is possible that some collegium vacancies may remain unfilled.

Wherever % of collegium is mentioned in these bye-laws, these % values will be

based on the filled vacancies.

16. Voting For Collegium

(i) There shall be one vote for each apartment, which will be cast in person by the

members registered of the Sispal Vihar Society and No Proxy Voting will be

allowed.

(ii) Every vote by the duly authorized joint member, shall be cast in person provided

that the member of Sispal Vihar Society may communicate such authority in favour

of the joint member through a written mail to Returning Officer(s) with a copy

thereof duly endorsed to General Secretary of Sispal Vihar Society and to the

Registrar of Societies at least two days before date of election.

17. Procedure for Election of the Collegium

(i) Each of the four Electoral Colleges will have 30 Members elected. There will be a

total of 120 Members elected from the four Electoral Colleges.

(ii) The members elected from the four Electoral Colleges as per clause (III) of 16 shallconstitute the general body (Collegium) of Sispal Vihar Society.

(iii) The term of the Collegiums members shall be three years from the date of its

constitution.

(iv) The outgoing Governing body will declare the schedule of election and appoint a

returning officer and four independent observers after approval from

Special/General Meeting of Collegium for conduct of election and also notify/

display the details of members of Sispal Vihar Society separately for all the four

Electoral Colleges entitled to vote at least 90 days prior to holding the General

Meeting. Further, individual notices for holding elections of the collegium shall also

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be conveyed by the Governing Body. The information of holding the election of the

collegium shall also be sent to the District Registrar.

(v) Any objections qua the list of members of Sispal Vihar Society entitled to vote fortheir respective Collegium shall be decided by the Returning Officer. However, the

decision of the Returning Officer shall be final in the event of any difference of

opinion. The Returning Officer shall, thereafter, invite nominations to be filed,

scrutiny and withdrawal of nominations, if any, within the period prescribed in the

Schedule of elections for election of the members of the Collegium.

(vi) The Returning Officer will display a list of the eligible members on the notice board

of Sispal Vihar Society. The returning officer will conduct the election on the

notified date. The members eligible to vote will be allowed to cast their vote in

person, and wherever disputed, on production of the identity card issued by Sispal

Vihar Society.

(vii) After closing hours on the date of the poll, the returning officer will declare the

results and constitute the Collegium of Sispal Vihar Society. A list of the elected

members of the collegium, duly signed by the Returning Officer, will be filed with

District Registrar within 15 days.

18. Cessation of members of the Collegium-

A member of Collegium of Sispal Vihar shall cease to be the member of the Collegium:

(i) upon submission & acceptance of his resignation (resignations will deem to be

accepted if not withdrawn within four weeks of tendering the same);

(ii) upon death of the Collegium member;

(iii) he/she ceases to be the primary member of Sispal Vihar Society;

There is no primary membership in the Society. A person is either a member or

he or she is not member of the Society. There is no provision of a Primary

Membership.

(iv) if he ceases to be a member in accordance with sub-clause (8) of Clause 4 of these

bye-laws;

(v) if he is removed by a resolution passed in the Special/ General Body Meeting of the

Collegium by Majority of Votes in terms of action as per procedure given at para 7

of the ibid Bye Laws.

19. Filling of any Casual Vacancy on the Collegium:

Any vacancies arising on account of resignation or death or of any other reason of any

member of the Collegium may be filled up by bye- election from the respective Electoral

College where these vacancies arose in case the remaining term of the Collegium is more

than 12 months from the date of the said vacancy. Bye- Election will be conducted as

done for normal elections of members to the Collegium. The members elections shouldbe so coordinated by the Governing Body along with Annual General Body Meeting at

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least once in year. The elected Collegium Members in the Bye-Election will only be for

the remainder period of the Collegium.

20. Exclusions from the Employment of a Society:

(i ) No member of Collegium of Sispal Vihar Society shall be in full-time or part-time

employment/ paid consultant of Sispal Vihar Society;

(ii)No dependent or family member or close relative of the office-bearers and members

of the Governing Body shall be engaged as an employee of Sispal Vihar Society

during its term;

(iii) Every member of the Collegium of Sispal Vihar shall make a declaration in case any

person in the employment of Sispal Vihar Society is his close relative.

(iv) No member of Collegium of Sispal Vihar shall be appointed to any salaried office ofSispal Vihar Society, and shall not be paid any fees or remuneration for the services

rendered by him;

There should be no restriction since collegium is just areplacement for general body

(v ) Provided that the member of the Collegium of Sispal Vihar Society shall be entitled to

claim re- reimbursement of actual travel and out of pocket expenses incurred by

them in connection with any work related to Sispal Vihar Society, and interest on ,

any money lent to Sispal Vihar Society for overcoming any temporary

requirements.

any money lent to Sispal Vihar Society for overcoming any temporary

requirements needs to be deleted because Society should never take money

from members.

21. Powers, Functions & Duties of the Collegium of Sispal Vihar Society:

(i) To guide Sispal Vihar Society in determining and fulfilling its aims and objects. To

decide policy matters such as change of name of Sispal Vihar Society etc.

(ii) To detail the following committees from time to time as required :-

(a) Disciplinary Committee.

(b) Technical Committee in-charge for technical maintenance of the Society.

(c) garden and Parks Committee.

(d) Security and fire fighting committee.

(e) Monthly and quarterly audit Boards

(f) Society Club Committee.

(g) Contract / purchase committee to be detailed each month.

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(h) Any other committee as required / felt necessary.

(iii) Amendment in the Memorandum of Association and the Bye-laws of Sispal Vihar

Society, approval of annual accounts of Sispal Vihar Society. New ammendment will

require 3/5 th members to vote in favour. The proceedings will be recorded and all

Members will sign the Proceedings. Members who do not agree with the Amendment will

be allowed to sign the descent note.

Amendment to Bye-Laws should be done General Body Meeting of Members and

not by Collegium.

Collegium as a mandatory requirement approve budget for the ensuing year in

Feb/Mar

Collegium approves the audited accounts of the preceding year and carry out mid

year review of the current financial year in Jun.

Collegium approves all Contracts and Agreements which the Society gets into with

service providers, shops , school, cafeteria etc.

Collegium approves the rates of membership and services provided by the Club to

members.

(iii) Approval for disposal of immovable assets of Sispal Vihar Society etc. and all such

other acts as may be required under the Haryana Registration and Regulation of

Societies Act & Rules, 2012.

(iv) To elect the members of the Governing Body.

(v) To remove any member from the Governing Body, once action has been taken as per

para 7 of the Bye Laws, and according approval to the continuation of a person

appointed as a member of the Governing Body against a casual vacancy by majority

of votes.

The Disciplinary Committee of Collegium inquires the disciplinary cases

recommended by Governing Body and Collegium takes appropriate action deemed

fit.

(vi) To Blacklist a member of Sispal Vihar Society the Collegium will decide based on

Governing Body and Discipline Committee recommendations as per details given in

para 7 of the Bye Laws. The Collegium will decide the penalty / fine / period of

debarring from Membership of Sispal Vihar Society.

The Disciplinary Committee of Collegium inquires the disciplinary cases

recommended by Governing Body and Collegium takes appropriate action deemed

fit.

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22. Duties of members of Collegium Sispal Vihar Society:

(i) The Collegium members have willingly and volunteered to contest in the

election of collegium. Their aim as member of the collegiums should be to spare

time, resources etc for the betterment, development and improvement in the

functioning of Sispal Vihar Society. Also ensure the Governing Body works for the

Aim and Purpose set forth for the Sispal Vihar Society.

(ii) The collegium member must provide support and co-operate with the Governing

Body to achieve the aims set forth for Sispal Vihar Society.

(iii) Also the collegiums must ensure Governing Body does not digress from the aim of

Sispal Vihar Society.

(iv) The Collegium will ensure that all shops and other commercial establishments are

only given on rent / alloted for running to only Members of the Sispal Vihar. If no

Member are not available then it will be offered to any ex servicemen and lastly if

no ex servicemen is available then only will it be given to a civilian. However

advertisement will be carried out in prominent English and Hindi papers to ensure

maximum publicity. All such shops and commercial establishments will be given in

an open auction. The Collegium will detail a Board of Members from within the

Collegium to oversee this function. The person / part who is being the shop/

commercial establishment should NOT have any Police case or any criminal case or

any civil case relating to financial irregularity against him / them. The party

concerned will be required to submit an judicial affidavit to this regards.

23. The collegiums and Governing Body aim is to provide good Management, better

Maintenance service and welfare of residents.

24. The collegiums will ensure Governing Body works as a team collectively and no

autocratic system of work in the Governing Body be permitted.

25. The collegiums will also ensure the governing body does not get into

commercialization of Sispal Vihar Society and deny the residents the facilities at

reasonable cost in Sispal Vihar.

26. The collegiums members during the Special/General Body Meeting must conduct

themselves in the best of manners. Also must respect other collegiums members,

Governing Body member and where they feel strongly one can put the issue to voting and

there after accept the decision honorably and gracefully.

27. No collegiums member must cast aspersions on any member of collegium/use of

abusive language/derogatory remarks on any individual member, his/her character or on

his/her dignity & pride.

28. Collegium members must ensure the Governing Body manages the finances of Sispal

Vihar Society well and the funds are utilized for betterment of Sispal Vihar Society.

29. Meetings of the Collegium of Sispal Vihar Society:

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(i ) The Collegium will select a Chairman and a speaker to preside over the Proceedings.

The Chairman and the Speaker will be detailed afresh for each meetings. All

secretarial assistance will be provided by the Governing Body.

(ii) A meeting of the Collegium of Sispal Vihar Society will be held as and when

required. However, at least two meeting of the Collegium of Sispal Vihar Society,

called as the Annual General Meeting (AGM). One such meet will be held in

February to pass and discuss the annual budget. The other meeting will be held in

July that is within three months of the close of the financial year for consideration

and adoption of the duly audited annual accounts of Sispal Vihar Society in addition

to transaction of any other business of Sispal Vihar Society as may be required.

(iii) The Governing Body of Sispal Vihar Society may convene an extraordinary/ specialmeeting of the Collegium of Sispal Vihar Society at any time after giving due notice

(14 Days) as prescribed hereunder, either of its own or within 45 days of receipt of a

written requisition along with reasons for convening such meeting, from at least

1/10th of the members of the Collegium with minimum of 24 members.

(iv) For any meeting of the Collegium, a clear notice of at least 14 days along with a copy

of the agenda of the business to be transacted, date, time & venue of the meeting

will be given to the members of the Collegium. A copy of such notice will also be

endorsed to the District Registrar.

(v ) A meeting of the Collegium may also be convened at a shorter notice, if agreed to, by

a majority (at least above 50% of the total members) of the members of the

Collegium on Sispal Vihar Society Notice Board, on Sispal Vihar website and on the

members email.

(vi)The proceedings of all meetings of the Collegium will be recorded in the minutes-

book (bound or in loose leaves) maintained separately for the purpose by the

Secretary and such minutes will be signed by the President of the meeting and the

Secretary of Sispal Vihar Society: All such minutes will be put on the Society

Web Site within seven days of the close of a meeting.

30. Notice of Meetings

(i) A notice of 14 days, indicating the time, date and venue, shall be given to the

Collegium members for any General Body meeting. Provided that such notice may

be of a reduced to seven days if accepted by at least 1/3rd of the Collegium

Members.

(ii) The notice of any Special / General Body Meeting sent by electronic mail to the email

ID of the Collegium members and on Society website shall be an accepted mode of

service of such notice.

(iii) The minutes of all meetings General / Annual / Special / Adjourned minutes will be

put-up on Sispal Vihar website within 10 Days for information of all members ofSispal Vihar Society and also endorse to the Registrar of Societies.

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(iv) A copy of the notice of every General Body Meeting, Annual or Special, shall also be

endorsed to the office of the District Registrar. A hard copy of the said notice may

be sent to the concerned office of the District Registrar, if the office is not

electronically connected.

31. Quorum

Quorum for the meeting of the Collegium will be 40% of the total members' entitled to

vote and present in person, or 100 members, which ever is higher. In case of a meeting

adjourned for want of quorum, the quorum for the adjourned meeting shall not be less

than 30% of the total members, subject to a minimum of 60 members of collegium, which

ever is higher. The Collegium shall be competent to transact all business in such

adjourned meeting except the consideration of any Special Resolution. Any Special

Resolution can be passed in such adjourned meeting only if at least 50% of the total

members of Collegium, Sispal Vihar Society are present subject to minimum of 100Collegium members.

32. Adjourned Meetings.

(i) A Special / General Body Meeting of Sispal Vihar Society may be adjourned if the

quorum for such meeting is not complete.

(ii) It shall becompetent for the Governing Body to re-convene an adjourned Special /

General Body Meeting after a gap of not less than 48 hours of the meeting first

convened and adjourned

(iii) If the 50% level of the quorum is still not met in the adjourned meeting, a total of

30% members present shall constitute the quorum subject to minimum of 36

members and the matters decided by a 2/3 rd majority.

33. Extra-ordinary or Special General Body Meetings

(i) The Collegium may hold its extra-ordinary or special general meetings as and when

required. Provided that the Governing Body shall convene a special or extraordinary

general meeting of Sispal Vihar Society upon a requisition signed by 1/3 rd of the

Governing Body member or 10% of Collegium members or as & when so directedby the District Registrar of Societies or any other officer duly authorized by them

under the relevant statutes in this behalf.

(ii) The notice of any Special General Meeting shall state the date, time and place of such

meeting and the purpose thereof along with the Agenda.

34. Order of Business

The order of Business of any Special/General Body Meeting may be decided by the

Governing Body or the members as deemed appropriate.

35. Special Resolution

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Any matter required to be resolved through a Special Resolution may be decided at any

general meeting, annual or special, which is attended by at least 50% of the total members

and the proposal is approved by 3/5th of the members present and voting.

Chapter - IV

Governing Body of Sispal Vihar Society

36. Composition:

The Governing Body of Sispal Vihar Society shall consist total of 17 members to include

6 Office-bearers and 611 Executive Members as under:

(i) President

(ii) Vice-President

(iii) General Secretary

(iv) Joint Secretary

(v) Treasurer

(vi) Joint Treasurer.

(vii) 11 Executive Members

37. Eligibility conditions for Election to Governing Body of Sispal Vihar Society:(i) He/ She should be a duly elected member of any one of the Collegium of Sispal Vihar

Society.

(ii) He/ She should be a serving or ex-servicemen of the Defence Services i.e Army /

Navy / Air force.

(iii) He/ She should be residing in Sispal Vihar, Sector-49, Sohna Road, Gurgaon.

(iv) He/ She should not be involved in any criminal case in any Police Station or have a

criminal case pending in any Court of Law.

(v) He / She who was suspended as a member of governing body or Collegium and

whose suspension was approved in Special/ General Body Meeting will be debarred

to contest election for three years.

(vi) Any member of Sispal Vihar who is not working for Sispal Vihar Societys Aims /

Objectives and had been Black Listed by the Collegium in Special / General Body

Meeting and Registrar of Society was informed by a written communication to this

effect.

(vii) He / She and their family members should not be involved in any commercial

activity with Sispal Vihar Society also should not be receiving any benefits /

employed with Sispal Vihar Society.

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(viii) He should not have been a Member of the Previous Two consecutive

Governing Bodies .

38. Voting For Governing Body of Sispal Vihar

The Collegium will elect 17 members for the Governing Body by Voting. The Collegium

member will cast their votes in person and No Proxy Voting is allowed.

39. Election of the Governing Body

(i) The term of the Governing Body will be 18 months from the date the Returning

Officer notifies the results of the Governing Bodys election of Sispal Vihar Society.

(ii) The outgoing Governing Body will declare the Schedule of Election and appoint the

Returning Officer and four independent observers after approval from

Special/General Meeting of Collegium for conduct of Election of the Governingbody concurrent with the election of the Collegium. The schedule must be

completed within 45 days of the notification/ declaration of results of the new

Collegium by the Returning Officer(s). It will also notify/ display a list of members

of the Collegium entitled to vote at least 45 days prior to the holding of the General

Meeting for conduct of the elections. The Governing Body shall also send notices

for holding elections of the Governing Body to all the members, conveying the date,

time & the manner. The information w.r.t. holding of election for the Governing

Body shall also be send to District Registrar to appoint an observer, if he so desires.

(iii) Any objections regarding the list of members of the Collegium entitled to vote shall

be decided by the Returning Officer independently and his/her decision of theReturning Officer shall be final in the event of any difference of opinion.

(iv) The Returning Officer shall, thereafter, invite nominations to be filed within the

period prescribed in the Schedule of elections, scrutiny and withdrawal of

nominations, if any, for election of the office-bearers and the executive members of

the Governing Body.

(v) The Returning Officer will display a list of the eligible contesting members on the

notice board of Sispal Vihar Society at least 15 days before the date of the election.

The returning officer will conduct the election on the notified date. The members

eligible to vote will be allowed to cast their vote in person, and wherever disputed,on production of the identity card issued by Sispal Vihar Society.

(vi) After closing hours on the date of the poll, the returning officer will declare the results

and constitute the Governing Body of Sispal Vihar Society within 24 hours of

completion of the polling. A list of the elected office-bearers and the executive

members of the Governing Body, duly signed by the Returning Officer(s), will be

filed with District Registrar within seven days.

(vii) The office-bearers and executive members of Sispal Vihar Society shall not be

entitled to any remuneration for rendering services to Sispal Vihar Society.

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(viii) All persons who have been members of a Governing Body will be debarred from

the subsequent Governing Body.

40. Resignation, Suspension and Removal of Governing Body Members. -

(i) A Governing Bodymember may, of his own volition, resign from such position at any

time. Provided that the Governing Body may, if considered unavoidable, require

such office-bearer to continue to discharge his functions till such time his substitute

is duly elected at a Special / General meeting of the Collegium by majority votes

and not later than six months. A resignation of any member would be deemed to be

accepted within four weeks from the date of submission by the member to the

Governing Body. The Governing body would intimate about the resignation of the

member of the governing body to the Registrar of Societies within seven days of

acceptance of the resignation or within four weeks of the member having tendered

his resignation; as the case may be.

(ii) In case at least 3/5th (seven) members of the Governing Body express their lack of

confidence in any member of the Governing Body, for whatsoever reason, they shall

be 'competent to suspend such Governing Body member from office till such time

the matter is considered at the Special / General Body meeting of the Collegium for

his removal and so resolved.

(iii) Recommendation for removal of a Member of the Governing Body will be

reported to the Collegium who will take action in accordance with details given

in para 7 above.

(iv) The Governing Body shall convene a Special/General Body Meeting of the Collegium

members as soon as possible, but not later than 30 days of such decision, to consider

the removal of such members of Governing Body. Provided the suspended member

of Governing Body removal is passed by a resolution in the meeting of Collegium

by majority of votes.

(v) The successor of any Governing Bodyremoved from the office shall be elected at the

same meeting of the Collegium either from the members of Governing Body or

from the members of the Collegium by majority of votes.

41. Exclusions from the Employment of Sispal Vihar Society:

(i ) No member of Governing Body of Sispal Vihar Society shall be in full-time or part-

time/ paid consultant employment of Sispal Vihar Society;

(ii)No dependent or family member or close relative of the office-bearers and executive

members of the Governing Body shall be engaged as an employee of Sispal Vihar

Society during its term;

(iii) Every Office-Bearer and Executive members of the Governing Body shall make a

declaration in case any person in the employment of Sispal Vihar Society is his

close relative.

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(iv)No Office-Bearer or executive members of Sispal Vihar Society shall be appointed to

any salaried office of Sispal Vihar Society, and shall not be paid any fees or

remuneration for the services rendered by him;

(v ) Provided that the Office-Bearers and/or the executive members shall be entitled to

claim reimbursement of actual travel and out of pocket expenses incurred by them

in connection with any work related to Sispal Vihar Society, and interest on , any

money lent to Sispal Vihar Society for overcoming any temporary requirements.

42. Filling of any Casual Vacancy on the Governing Body

(i) Any vacancy arising on account of resignation or death of any member of the

Governing Body or for any other reason, may be filled-up by the Governing Body,

if required, from amongst the members of the Collegium on ad-hoc basis till the

holding of next Special / General Body Meeting of Sispal Vihar Society. Such ad-hoc member of the Governing Body shall cease to be a member of the Governing

Body on the date of the next Special/General Body Meeting, if his appointment is

not approved in the special/General Body Meeting by 2/3rd majority of votes for

the balance term of the Governing Body.

(ii) Any vacancy in the General Body, caused by any reason other than the removal if

an office- bearer, may be filled-up by the remaining Governing Body or from

members of collegium of the Board by nomination as an intervening measure,

which shall be placed in its next Special / General Body meeting for ratification or

election of such office-bearer, executive member of Governing Body or from

members of Collegium. Confirmation of such ad hoc appointment must be soughtfrom the Collegium within 90 days by the Governing body.

43. Governing Body and its mandate

(i) The affairs of Sispal Vihar Society shall, be managed by a Governing Body,

comprising of Six office-bearers and eleven executive members who shall be

elected by the members of Four Collegiums of Sispal Vihar Society for a term of

three years, and may be referred to as the Governing Body hereinafter.

(ii) the office-bearers and executive members of the Governing Body shall be the

Governing Body of Sispal Vihar Society also.

(iii) The Governing Body will also be Residential Welfare Association (RWA) of Sispal

Vihar Society.

(iv) The Governing Body shall act as the trustees of the members of Sispal Vihar Society

and be responsible for the overall management of the assets of Sispal Vihar Society,

operation and management of all its common facilities and the Multistory Apartment

complex as a whole, and shall exercise all powers as are required to be exercised in

the efficient discharge of its functions and responsibilities;

(v) The Governing Body shall discharge its functions and duties following the principles

of collective responsibility and the designations of any office- bearers are notmeant to create any hierarchy;

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(vi) The Governing Body may appoint such sub-committees of members from time to

time, as may be considered necessary, with such terms as it may deem appropriate

in exercise of powers and discharge of duties for the administration of the affairs of

Sispal Vihar Society and by co-opting Collegiums Members.

(vii)The Governing Body may co-opt or appoint such persons as members of any such

sub- committee who possess special knowledge of any field / area to provide any

expert assistance to any such committee.

(viii) The Governing Body may take the Services of Consultant / Consulting Services for

specific field and duration after due approval by the Collegium on remuneration as

approved by the Collegium.

(ix) Any sub-committee appointed by the Governing Body, with or without any expert,

shall submit its report to the Governing Body along with their recommendation. Therecommendation(s) will be tabled before the Collegium and once passed / approved

by the Collegium, The Governing Body shall, take such action as approved. The

Governing will be fully responsible for execution of all such directions. Al such

decisions will be taken within the ambit of these Bye Laws.

(x) The Governing Body shall be responsible for preparation of Budget for the ensuing

financial year and shall present to the Collegium in Feb/Mar for approval and shall

present audited accounts of the previous financial year and status / progress of current

financial year in a meeting of Collegium held in July every year.

44. Duties, functions and powers of the Governing Body

The Governing Body shall, in addition to the duties and responsibilities assigned under

these bye-laws or by resolution of Sispal Vihar Society, be responsible for the following,

among other things:

(i) The Governing Body shall prepare the budgets under the following heads and shall

put up to the respective Collegium committee for perusal and recommendation to the

Collegium for approval in Feb for the ensuing year. :-

1. General Area Cleaning Budget.

2. Security Budget

3. Fire Fighting Budget

4. Lift Budget

5. Generators Budget

6. Sub Station Budget

7. Garden and Parks Budget

8. Society Office Budget

9. Club Budget

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10. Budget to meet any unforeseen emergency expenditure.

11. Any other head which is needed.

12. The Budget will give the details of the entire capital expenditure and the

revenue expected to be generated in the ensuing financial year.

(ii) The care, upkeep and surveillance of the Multistory Apartments Complex of the

Sispal Vihar Society, and the common areas and facilities and the restricted common

areas and facilities;

(iii) Determination and collection of the monthly maintenance charges from the apartment

owners as approved in the General Body meeting;

(iv) The Governing Body shall put up AMCs for the respective heads to the respective

committees of the Collegium for perusal and recommendation to the Collegium forapproval in Feb for the ensuing year or as per the requirement.

(v) The termination/ extension of all AMCs and agreements shall be approved by

Collegium on the recommendation of respective committee of Collegium.

(vi) The strength of hired staff under respective budget and their remuneration shall be

approved by Collegium.

(vii)Raise bills, receive the amount and deposit the same with the appropriate

authority on account of monthly water, sewer charges and electricity bills;

(viii) All tariffs and levies for common and restricted facilities including

Community Centre / Club Facilities , Parking Shifting charges etc from tenants shall

be charged as approved by Collegium.

(ix) All tariffs and charges fixation both for common and restricted facilities including

Community Centre / Club Facilities , Parking, Shifting charges , from tenants etc

will be approved by the Collegium from time to time.

(x) Designation, employment, payment of remuneration and dismissal of personnel or

service provider(s) necessary for the maintenance and operation of the Multistory

Apartments Complex of Sispal Vihar (AWHO), its common areas and facilities and

the restricted common areas and facilities within the budget approved in GeneralBody Meeting;

(xi) Provide for the manner in which the accounts of Sispal Vihar Society shall be

maintained and its audit shall be carried out;

(xii)Inspect and examine the records and accounts kept by or under the supervision of the

Treasurer so as to ensure that these are maintained in the manner as prescribed;

(xiii) Take steps for timely payment of all obligations and the recovery of all sums due to

Sispal Vihar Society;

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(xiv) Approve or sanction working expenses, maintenance of cash

balance and deal with other miscellaneous business as decided by the Governing

Body and approved in the Special/General Body Meeting;

(xv)Ensure that the cash book is written promptly and is signed daily by Treasurer and in

his absence by one of the members of the Governing Body authorized in this behalf;

(xvi) Always appropriately deal with the complaints concerning all issues of residents

and obtain their feedback on the manner complaint/ requests to improve the

services;

(xvii) Perform all other functions as may be decided, from time to time, by Governing

Body Sispal Vihar Society for the maintenance, repair and replacement of the

fittings, fixtures, appurtenances or other property requiring maintenance, repair and

replacement comprised in common areas and facilities and the restricted commonareas and facilities.

(xviii) Governing Body, Sispal Vihar Society is the Prime employee for all services

providers by outsource agencies manpower as per the government orders.

Therefore, it is mandatory on part of the Governing Body to ensure that all statutory

and mandatory payments are made to the outsource service agency. Also ensure

these funds (PF, ESI etc) are paid to the concerned manpower by Service Providers.

The photo copy of the documents are provided by the Service Providers as evidence

regularly as government departments can demand/verify these documents.

(xix) Governing Body will ensure that the AMC and contracts for various services are not

given to unauthorized and non registered vendors in order to avoid litigation or

violation of government orders.

(xx)Governing Body Sispal Vihar is providing the maintenance services. All services

except those defined as exempted by Service Tax Department are required to pay

service tax. Governing Body must pay where ever required the taxes, charges, Cess,

VAT where applicable by due date.

(xxi) Governing Body Sispal Vihar will ensure that all shops/ other establishments in the

club which are given out on rent will be done in an open auction. Adequate

advertisement will be carried out for this. Shops/ other commercial establishments

will be rented out only to members of the Society. In case no Members is willing totake over any shop/ commercial establishment, then in order of Priority it will be

given to an ex-servicemen and if no ex servicemen is available then only will it may

be given to a civilian. However all such cases where a shop/ commercial

establishment is to be given to a civilian, all individual cases will be discussed and

prior approval of the Collegium taken. The proceedings will be recorded and all

those present will sign the resolution. No shop/ establishment in the Club will be

given on more than three years lease. All such leases will be registered. No shop /

commercial establishment will be given to a person with a criminal background/ or

has criminal proceedings going against him in any court in India. An affidavit to this

account will be taken from all persons who are rented out any shop / commercial

establishment in the Sispal Vihar Society.

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(xxii) Painting / White washing of all Central facilities / common areas will be done once

in every three years after due approval of the Collegium. However depending upon

the condition of the state of the painting/ white wash, this period may be increased/

decreased by the Collegium.

(xxiii) The Governing Body will make and present a budget within one months of it taking

over / mid February . The budget will be passed by the collegium. No expenditure

will be undertaken by the Governing Body which has not been approved by the

Collegium.

(xxiv) In case of an emergency situation, expenditure may be undertaken, however a

emergency meeting of the Collegium will be called and the expenditure be got

passed. In case the Collegium rules that the expenditure was un-called and is not

justified for, the entire amount will be made good by the members of the Governing

Body who had approved the expenditure form their personal account.

(xxv) The Chartered Accountant (CA) detailed for audit of accounts will present the

audited accounts to the Collegium in July. CA's will be changed once every three

years.

45. Powers, Functions & Duties of individual members of Governing Body-

(i) President:

The President will be the Chief Executive Officer of Sispal Vihar Society.

a) To preside over all the meetings of the Governing Body and regulate theproceedings of such meetings.

b) To do all such acts, deeds and things as may be authorized by the Collegium

and/or the Governing Body from time to time.

c) To allow or disallow discussion on any matter which is not included in the agenda.

The subject matter and reasons of disallowing discussion in the meeting shall be

recorded in the minutes.

d) To ensure proper & transparent functioning of Sispal Vihar Society/ Governing

Body.

e) To ensure strict compliance of the provisions of the Haryana Registration and

Regulation of Societies Act, 2012 and the rules made their under.

f) To supervise and guide the overall activities/ achievement of aims & objectives

of Sispal Vihar Society.

(ii) Vice-president:

a) To assist the president in carrying out his duties.

b) In absence of the President, to act on his behalf and perform all duties and

exercise all the powers of the President.

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c) To do all such acts, deeds and things, as may be authorized by the Governing

Body.

d) He will be the Chief Financial Officer of Sispal Vihar Society and will countersignthe monthly accounts at the end of each month.

e) The Vice President will also be responsible for the following and will be assisted by

Executive Members:-

1. Security Head : Preparation of annual budget of security and AMC

proposal for approval by Collegium through respective Collegium

Committee.

2. Finance Head : Responsible for proper maintenance of society accounts

and will counter sign all accounts every month after closure. Preparation of

consolidated budgets for approval in Feb by Collegium for the ensuing

year.

3. Audit of Accounts. Responsible for getting closed accounts by designated

CA and putting up in the Collegium meeting held in July for approval of

annual accounts.

4. Society Club Head : Preparation of annual budget , AMC , Contract ,

Agreement proposals for approval by Collegium through respective

Collegium Committee.

5. Responsible for getting getting rates approved from Collegium of theservices provided by the club to members.

6. Society Office Head : Responsible for proper functioning of Society

office, preparation of office budget and getting it approved from Collegium

through respective collegium Committee.

(iii) General Secretary:

a) To conduct, organize, supervise and manage Sispal Vihar Society as envisaged

in Bye- Laws or carry out duties as assigned by the President/Governing

Body.

b) To conduct, organize, supervise and manage all the affairs of Sispal Vihar

Society and do all such acts and perform all such duties for the working of

Sispal Vihar Society as may be assigned by the President/Governing Body;

c) To convene meetings of the Collegium/Governing Body with the consent of the

President and serve proper notices as prescribed under these bye-laws.

d) To attend all the meetings of the Collegium and the Governing Body and assist

the President in conducting the meetings and record proceedings of all the

meetings.

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e) To prepare annual report of Sispal Vihar Society and place it before the

Governing Body along with audited annual accounts of Sispal Vihar Society, for

approval to place the same before the Collegium in the Annual General Meeting.

f) To keep and preserve the records of Sispal Vihar Society/ Governing Body.

g) To help and assist the President in looking-after the complete affairs of Sispal

Vihar Society and in attaining aims & objectives of Sispal Vihar Society as spelt

out in these bye laws.

h) To ensure timely filing of all statutory returns/ documents in the office of the

District Registrar and such other authorities as may be prescribed under the

Haryana Registration and Regulation of Societies Act, 2012 and the rules made

thereunder.

i) To be the custodian for safe custody of common seal of the Society and affix the

same, wherever required, as per the authorization of the Governing Body.

j) To conduct correspondence on behalf of Sispal Vihar Society/ Governing Body

and to sign letters and papers on its behalf and to ensure that all statutory

registers and records are properly kept and maintained.

k) To prepare before announcing of the date of election and the Annual General

Meeting, the list of all the members eligible to vote, duly updated and to place it

before the Governing Body.

l) Act as the overall in-charge of the administration and execution of all theprograms of Sispal Vihar Society/ including financial affairs on behalf of the

Governing Body including creation of posts, fixation of salaries/ remuneration/

allowances etc., make appointments/ engagement of staff, make purchases and

do all other such things as may be necessary in the furtherance of the aims &

objects of Sispal Vihar Society in accordance with the delegations by the

Governing Body from time to time and where no such delegation is specifically

made, in consultation with the President of Sispal Vihar Society.

m) He will be responsible for the following tasks and will be assisted by

Executive members:-

1. Head Technical Equipments & Fire Fighting : Responsible for preparation

of budgets of Lifts, Generators, Lifts, Water Pumps, Fire Fighting etc and

getting these approved from Collegium through respective Committee of

Collegium. Placing AMC proposals to Collegium for approval through

respective Committee of Collegium.

2. Head Leased Properties : Responsible for leasing of Society Properties after

approval of Agreements by Collegium through the respective committee of

Collegium.

(iv) Joint Secretary:

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a) To assist the General Secretary/ Secretary of Sispal Vihar Society in carrying out

his functions and duties;

b) To discharge the functions and duties of the General Secretary/ Secretary of theSociety in his absence to the extent authorized by the Governing Body;

c) To look after such functions and duties and exercise such powers as may be

assigned and delegated by the Governing Body of Sispal Vihar Society from

time to time.

d) He will be responsible for the following tasks and will be assisted by

Executive members:-

di) Head General Cleanliness : Responsible for preparation of budget and

getting it approved from Collegium through respective Committee of

Collegium. Putting up of AMC proposal to Collegium for approval

through respective Committee of Collegium.

dii) Head Gardening & Parks : Responsible for upkeep of gardens and

parks of the Society. Prepare budget and get it approved from Collegium

through the respective Committee of Collegium. Get the proposal of AMC

approved from Collegium through the respective Committee of

Collegium.

(v) Treasurer:

a) To keep accounts of all financial transactions of Sispal Vihar Society and of allthe sums of money received and spent by Sispal Vihar Society and maintain

records of receipts and expenses relating to such matters, and of assets, credits

and liabilities.

b) To close accounts at the end of each month and get it countersigned by the

President and the Vice President.

c) To get the accounts of Sispal Vihar Society audited by the chartered accountant

appointed by the Governing Body at the close of the Financial year, every year.

d) To submit to the Governing Body through General Secretary/Secretary, the

audited annual accounts of Sispal Vihar Society, at least one month prior to the

date of annual general meeting.

e) To act as the overall custodian of all the books of accounts of Sispal Vihar

Society, financial statements, receipt books, expense vouchers, bank pass books

& cheque books, cash etc.

(vi) Joint Treasurer

a) To assist the Treasurer of Sispal Vihar Society in carrying out his functions and duties;

b) To discharge the functions and duties of the Treasurer the Society in his absence to the

extent authorized by the Governing Body;

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c) To look after such functions and duties and exercise such powers as may be

assigned and delegated by the Governing Body of Sispal Vihar Society from

time to time.

(vii) Executive Members

a) To be part of Committees / sub-committees as decided by the Governing Body.

b) To manage Security / House Keeping / Technical Services /Horticulture etc

services as decided by the Governing Body.

c) To assist Governing Body in Management, Administration and in Maintenance

of Sispal Vihar Society.

d) To assist the Governing Body in Management of Community Center / Club / any

other institute.

(e) To work as a team in overall interest of Sispal Vihar Society.

Chapter - V

Meetings of the Governing Body Notices, Agenda, Quorum, and Proceedings

46. Governing Body Meeting

(i) The first meeting of the newly elected Governing Body shall be held within 15 days

of such election in Sispal Vihar Complex fixed by the Governing Body.

(ii) The Governing Body may hold its meeting as and when required subject to the

condition that it shall meet at least once every quarter and hold a

minimum of four meetings in a financial year.

47. Place of meetings Governing Body Meetings

All Governing Body Meetings of Sispal Vihar Society shall be held in the Sispal

Vihar Complex.

48. Notice for the Meetings of the Governing Body

Every meeting of the Governing Body shall entail a notice of at least three days,

circulated in electronic or physical mode, as the case may be, along with the tentative

agenda of the business to be transacted at such meeting. Also inform all the members

of Governing Body by SMS on their mobile telephones.

Provided that the notice period may be waived in emergency circumstances if a

majority of the office-bearersagree to hold the meeting at a shorter notice.

49. Quorum

At least 50% of the members subject to minimum Nine members of the Governing Body,

(which should include at least four Members of the Governing Body and at least

four Executive Members) shall constitute the quorum for any meeting.

50. Voting Rights in the Meetings of Governing Body

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All the members of the Governing Body have a right to cast one vote during the

Governing Body Meeting where a resolution / agenda have to the decided by voting.

51. Meetings of the Governing Body -

(i) The meetings of the Governing Body will be held as least once every month.

However, the Governing Body shall meet at-least once in every quarter and there

will be minimum four meetings of the Governing Body in a financial year.

(ii) The proceedings of every meeting of the Governing Body will be recorded in the

proceedings book separately maintained for this purpose. Such minutes shall be

signed by the Chairman of the meeting and the Secretary of Sispal Vihar Society. In

case the Chairman or the Secretary are not available to sign the minutes, these will

be signed by any two members present in the meeting as may be authorized by the

Governing Body. All minutes of such meetings will be put on the Net for theinformation of all ordinary members within seven days of the closure of the

meeting.

(iii) The minutes of every meeting of the Governing Body will be placed for confirmation

in the succeeding meeting of the Governing body.

52. Adjourned Meeting of Governing Body

In case quorum is not present the meeting shall be adjourned to another date for which a

proper notice shall be issued. The members present in the adjourned meeting, subject to a

minimum of four members, shall form the quorum for the adjourned meeting.

53. Proceedings of Meetings

(i) Proceedings of each and every meeting of the Governing Body shall be recorded by

the Secretary and signed by the Secretary and the President;

(ii) The proceedings of meetings, signed by the Secretary and the President, shall be

maintained in the form of a register of proceedings;

(iii) The proceedings will be circulated amongst the members of the Governing Body by

electronic mode and hard copies thereof shall be endorsed to Registrar of

Societies as required.

(iv) The proceedings of all meetings of Governing Body must be compiled within seven

days of the meet and put on the Society Web Site and made accessible to all

members of Sispal Vihar Society or Collegium or members .

(v) The proceedings all meetings of the Governing Body must be put on Sispal Vihar

Society website within 7 days for information to members of Sispal Vihar Society

and also send to Registrar of Societies.

Chapter VI

Funds, Accounts and Audit

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54. The Management, Accounting and Maintenance of Sispal Vihar Funds is one of the

most important functions / duty of the Governing Body of Sispal Vihar. It should be

carried out absolutely as per the directions given in these Bye-Laws and as per the

standard operating procedure of Accounting System. The Governing Body acts as the

custodian / trustee of Sispal Vihar Society funds and same must be spent judiciously with

full transparency and diligence.

55. General Rules to be followed.

(i) If the Governing Body incurs any expenditure in violation of the directions of the

General Body, it shall be required to make good the loss to the society completely.

The money will be paid by all Members of the Governing Body who had ruled /

voted in favour of the expenditure, Therefor written record of all such meetings will

be held and Members who do not agree shall write their Note of descent .

(ii) No member / office bearer of the Governing Body shall draw a cash advance from

any of Sispal Vihar Society funds except for any emergency purchases.

(iii) Any employee of the Sispal Vihar, who collects cash on its behalf on account of

parking charges, club membership, stall / kiosk booking etc must deposit the same

with the accountant on the same day. Non deposition to be viewed seriously and

should attract disciplinary action.

(iv) Monthly statement of accounts to be placed on the web site by 10th of the

following month giving details of expenditure and income.

(v) Agreements with vendors / suppliers to be signed by the President and General

Secretary only on behalf of Sispal Vihar Society and no employee of Sispal Vihar

Society shall be authorized to sign the same.(vi) No agreement shall be signed for a period exceeding three years. Any deviation to

be approved by the Collegium before such an agreement is signed and reasons for

deviation recorded. Members who descent will write their reasons on the Minutes of

the meeting. All such proceedings will be put on the net for the information of all

ordinary members.

56. Deployment of funds

The income and property of Sispal Vihar Society shall be applied solely towards

promotion of the aims and objects of Sispal Vihar Society as set forth in the

Memorandum of Society and Bye-Laws and no portion thereof shall be paid ortransferred, directly or indirectly, to the members of Sispal Vihar Society.

57. Maintenance of Accounts

(i) Sispal Vihar Society should open separate bank accounts as under for separate

purposes and maintain separate accounts of credits to and debits from each such

account:-

(a) Capital Fund

(b) General Fund

(c) Funds From Recharge of Meters

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(d) Maintenance Fund

(e) Sinking Fund

(f) Club Fund

(ii) The Treasurer should keep an amount, not exceeding Rs.20,000 (Rs. Twenty

Thousand), in cash at all times with them or with the Estate Manager in order to

defray any or all such petty expenses for which payments may not be feasible

through bank instruments. Expenditure out of this amount must be got approved by

the Governing Body before release of any further amount of cash.

(iii) All payments exceeding Rs.5,000 (Rs. Five Thousand), in so far as possible, shall be

made by cheque signed Jointly by the President and the Treasurer of Governing

Body Sispal Vihar Society. In absence of President and /Treasurer any two Office

Bearers can be nominated to sign the cheque after the same has been passed by a

resolution in the Governing Body Meeting. Reasons for not making payment by

cheque will be recorded and signed by the President and the Treasurer. All such

details will be brought to the Notice of the Collegium and regularised. In case of

absence of more than seven days, the accounts will be handed over by the President

to the Vice President and by the Treasurer to the Joint Treasurer.

(iv) The Governing Body shall maintain an account in respect of every member of Sispal

Vihar Society in electronic or physical form containing particulars of the amount

due from a member (in respect of common maintenance charges, utility bills, user

charges, or any other demand), the payments made, the balance towards or

against the member/ Sispal Vihar Society, as the case may be. Copies of the

accounts so Maintained shall be made available to the members on demand during

the Annual General Body Meeting of Sispal Vihar Society or at any stage, for which

Sispal Vihar Society may determine a fee.

(v) All additional Maintenance collected from Residents will be returned once the yearly

accounts are closed and tallied in March of a year.

58. Operation of Funds, Sispal Vihar Society

Sispal Vihar Society will open separate Accounts in one or more banks ( account will

NOT be opened in a private bank) as decided by the Governing Body dullyapproved in General Body meeting of Collegium as under:-

59. Capital Fund of Sispal Vihar Society

(i) Income - The income in Capital Fund will be from following resources which

should preferably be deposited in Fixed Deposits of Capital Fund in the approved

Banks:-

(a) Corpus of Apartment Owners received from the AWHO.

(b) 50% of the total fund received in General Fund in a Financial Year to be

deposited in the fixed deposit of Capital Fund.

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(c) Interest accrued from the Fixed Deposit of Capital Fund will be amalgamated

into the Capital Fund at the end of every Financial Year.

(d) Any donations received from the apparent owner/ members of Sispal Vihar

Society.

(e) Any donation received from the any Organization, Institute, Commercial/

Companies and any individuals without any embargo or any terms and

conditions on Sispal Vihar Society.

(ii) Expenditure - The Expenditure from the Capital Fund should not be incurred

till the Capital Fund is raised to Rs. 20,00,00,000 (Rs Twenty Crores) or as

approved by the General Body Meeting of Collegium. There after only the interest

accrued out of the Fixed Deposits of Capital Fund could be utilized by Governing

Body after approval in the General Body Meeting of Collegium by a majority of

Votes as under:-(a) Transfer the Interest into Reserve Fund / Sinking Funds as with passage of

time there will be a major requirement of Funds for Expenditure on

replacement / major repairs of equipments and major repairs to Structure of

Towers

(b) to subsidize the Maintenance Charges

(c) for any project/ facilities to improve the Habitability of Sispal Vihar Residents

after the approvals in Annual General Meeting of Collegium

(iii) Financial Powers of Governing Body for Expenditures from Capital Fund

The Governing Body has no powers to do any expenditure from this Fund without theexplicit sanction in the Annual General Body Meeting of Collegium by a 3/5th

majority of votes.

60. General Fund of Sispal Vihar Society

(i) Income - The income in this General Fund account will be from the following

resources which will be deposited in the Saving Account /Fixed Deposit of General

Fund in the approved List of Banks:-

(a) Rent and allied charges received from the Leased properties of Sispal Vihar

from the Lessee.

(b) Securities Refundable or Non Refundable Securities received from venders /

Lessee and Interest on these Securities.(c) Charges / Payments received from residents/ others for usage of Restricted

Common Facilities / Areas.

(d) Advertisements / Publicity Charges.

(e) Kiosks / Stalls charges for sale / publicity

(f) Penalty / Fines received from Residents and others.

(g) Any other income / payments /miscellaneous payments received for Sispal Vihar

Society.

(ii) Expenditure - The expenditure from General Fund will be based on an appreciated /

tentative income in a financial Year and approved in Annual General Body Meeting.

The Works / Projects proposed beyond Rs. 50,000 (Rs. Fifty Thousand Only) alongwith the Project Report will only be executed after the approval in the Annual General

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Body Meeting of Collegium. 50% of the Total Income accrued of General Fund will

be transferred to the Capital Fund annually. All expenditure other than maintenance

expenditure from Maintenance Fund for Sispal Vihar Society will be done from this

fund by the Governing Body within their financial powers.

(iii) Financial Powers of Governing Body for Expenditures from General Fund

The Governing Body has powers to spend upto Rs. 50,000 (Rs. Fifty Thousand) and

these Powers will not be vested in any individual member of the Governing Body and

will be within the approved Budget of the Financial Year. President of the Governing

Body has powers to spend up to Rs. 20,000 (Rs. Twenty Thousand), which must be

approved by the Governing body in its next meeting. In case of any emergency these

Powers may be increased as a one time expenditure to one lacs on any one item.

However a meeting of the collegium will be ordered and this amount be regularized.The Governing Body cannot spend money in a month which more than the monthly

expenditure.

(iv) Procedure for Undertaking Major Works: If any major work is to be

undertaken which requires contribution from all members, then such works can only

be undertaken only once all Owners have given their consent in writing and sent

the requisite advance by cheque / draft.

61. Funds from Recharge Meter

(i) The advance payments received by Recharging Of Meters from Residents for their

Apartments and from Sispal Vihar Society leased properties are for the followingexpenditures / payments as under:-

(a) Transfer of Fixed Maintenance Charges paid by Residents and paid by Sispal

Vihar Leased Property occupants to Maintenance Fund Sispal Vihar Society.

(b) Payment of Electricity consumed by Resident for their apartments and by Sispal

Vihar leased properties to DHBVN through Sispal Vihar Society

(c) Payment for the Standby DG Power Supply by Resident for their apartments and

by Sispal Vihar leased properties to Sispal Vihar Society.

(d) Payment for fixed water charges by Resident of each apartments and by Sispal

Vihar leased properties to HUDA through Sispal Vihar Society

(e) Payment for Sewer Charges by Resident for their apartments and by Sispal Viharleased properties through Sispal Vihar Society.

(ii) The Fund From Recharge Meter will operate under following Heads separately

showing the payments and receipts and expenditures under each Heads separately:-

(a) Maintenance Charges

(b) Electricity Charges

(c) Standby DG Power Supply Charges

(d) Water Charges

(e) Sewer Charges

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(iii) Financial Powers of Governing Body for Expenditures from Fund From

Recharge Meter - Governing Body is authorized to make the payments from Fund

From Recharge Meter for Electricity, Diesel for DG Power supply, Water and Sewerwhich will be paid on actual to the DHBVN, HUDA and Diesel supplier and

transfer the Fixed Maintenance Charges monthly into Maintenance Fund, Sispal

Vihar Society.

62. Maintenance Fund

(i) Income

The Income for Maintenance Fund are received from Fund from Recharge Meter

which are paid as Fixed Maintenance Charges in advance by Residents for their

apartments. The payments for Maintenance Charges will be transferred monthly fromFund from Recharge Meter to Maintenance Fund for Separate Accounting of Income

and Expenditure. The Maintenance Charges will be fixed by the Governing Body

from time to time after the approval in the General Body Meet

compare draft sispal vihar

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