Gurjinder Vihar, a Mini Township Spread Across 95 Acres, Occupies a Place of Pride in Greater

PREFACE

1. Gurjinder Vihar, a mini township spread across 95 acres, occupies a place of pride in Greater Noida due to its green, open, well laid out complex, that is strategically located next to two expressways. This homogeneoussociety, where all the owners are defence personnel, acquires a unique identity, character and charm because of discipline, brother hood and comradery of its residents.
2. The Bye-Laws to govern the affairs of such a unique society therefore, require careful drafting, which should motivate its members to display the ethos of the defence services in their management while strictly following the tenants enshrined in THE UTTAR PRADESH APARTMENT (PROMOTION OF CONSTRUCTION OWNERSHIP AND MAINTENANCE) ACT 2010;and The Model Bye-Laws thereof. An attempt has, therefore, been made to review the exiting Bye-Laws to address these issues and to include lessons from experience of last 10 years of management of affairs of the RWA.
3. Lack of volunteers to take up responsibilities in the management of the society (RWA) does not auger well for the upkeep of the society in the long term. Therefore, we need to act fast in order to restore the confidence of the members in RWA as an institution and improve up on the prevailing perception to positive by addressing the reasons responsible for it. Therefore,to restore interest amongst all resident owners to come forward and serve as officials in RWA, the thrust of the review of the Bye-Laws has been to cover following aspects explicitly to avoid ambiguity in their interpretation/application by the Board of Management as well as by the members of the Association: -
4. To bring the transparency in the functioning of the RWA management, inter-alia by use of technology for exchange of information.
5. Financial transparency in collection, expenditure and investment of funds including allotment of assets and contracts for execution of repair, maintenance and projects by introducing E- tendering and E- auction.
6. Lay down procedure and sequence for planning, preparation and approval of the short, medium term development/maintenance plans and annual budget based on the plans to avoid adhocracy in fund expenditure.
7. To encourage voluntary participation in the affairs of the Board of Management,to ensure representation from entire Township and to reduce undesirable friction during the present process of electionsan alternative procedure for electing members of the Board of Management has been included.
8. The Bye-Laws, once approved and adopted have the potential to create an environment of trust amongst members of Association and RWA office bearers. These are personality neutral.These Bye-Laws are to be read in conjunction with THE UTTAR PRADESH APARTMENT (PROMOTION OF CONSTRUCTION OWNERSHIP AND MAINTENANCE) ACT 2010 and the Model Bye-Laws thereof.

BYE-LAWS OF

RESIDENTS WELFARE ASSOCIATION, GURJINDER VIHAR, ARMYWELFARE HOUSING ORGANISATION (AWHO)TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR – 201310; UNDER THE UTTAR PRADESH APARTMENT (PROMOTION OF CONSTRUCTION OWNERSHIP AND MAINTENANCE) ACT 2010

(REGD. 603/2009-10)

CHAPTER I

PRELIMINARY

1. Short title and Application: -

(a)These bye-laws may be called the “Bye-laws of the RESIDENTS WELFARE ASSOCIATION GURJINDER VIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR – 201310.

(b)The provisions of these Bye-laws apply to the RESIDENTS WELFARE ASSOCIATION GURJINDER VIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR – 201310.

(c)`GURJINDER VIHAR’ has been developed as a residential complex by the `ARMY WELFARE HOUSING ORGANISATION’ (AWHO) exclusively for the retired/serving Army personnel. Therefore, the basic homogeneous composition of the owners of its Dwelling Units cannot be altered or changed.

1. Definitions.In these bye-laws, unless the context otherwise requires;

(a)'Act' means the Uttar Pradesh Apartment (Promotion of construction, ownership and Maintenance) Act 2010.

(b)‘Apartment’ means a part of any property, intended for independent use, including enclosed spaces located on one or more floors or any part or parts thereof, in a building to be used for residential/non-residential purpose, with a direct exit to a public street, road or to a common area leading to such street, road and includes any garage or room (whether or not adjacent to the building in which such apartment is located) provided by the promoter for use by the owner of such apartment for parking or, as the case may be, for the residence of any domestic aide employed in such apartment.

(c)‘Apartment Owner or Owner’ means the person owning an apartment in the GURJINDER VIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR.

(d)‘Association/Association of Apartment Owners’ means Residents Welfare Association of all the owners of apartments therein, acting as a group in accordance with the bye- laws of the GURJINDER VIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR.

(e)‘Board’ means the board of management consisting of 4 to 10 Office Bearers who shall be the owners of apartments in, Gurjinder Vihar, AWHO, Township.

(f)E-Tender - ‘Reverse Bidding’. An open and transparent process of bidding to minimize the expenditure. After all bids, have been received, the lowest bid is fixed as a base cost, thereafter all other bidders are permitted to bid lower than the base cost till the last bidder after several rounds. The lowest bid in the end is accepted as the cost for execution of the work.

(g)E-auctioning -‘Swiss Model’.An open and transparent method of bidding employed for maximising the returns from a property/asset. A base price is first fixed by the empowered committee which is kept confidential. In the bidding process, every successive bidder is allowed to better the previous bidder till the last bid is received, from amongst those who had deposited Expression of Interest amount. After the first round of bidding the first bidder is allowed to match or better the highest bid and so on the process is continued till all other bidders opt out. The highest bidder so selected is accepted as successful contender.

(h)'Building' means the buildings located at POCKET-5, SECTOR CHI-1, GREATER

NOIDA, GAUTAM BUDH NAGAR – 201310 and known as the GURJINDER VIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR – 201310 and includes the following:

(i)95 Acres of land including two main gates and the boundary wall.

(ii)85 multi-story residential blocks having 2822 dwelling units.

(iii)Two, bulk power, receiving stations and seven distribution sub-stations.

(iv)Six underground water storage tanks and six pumping stations.

(v)Army Institute, Sports facilities (one basketball court, two tennis courts, one

swimming pool and skating rink), community center and central facilities building.

(vi)Three shopping complexes, two nursery schools and open air amp theatre.

(vii)Internal roads, rain water drainagesystem, sub-surface water recharging system,

irrigation system, sewage system, pavements, parks and pathways.

(viii)Six groups of corner shops constituted of 16 shops.

(ix)Any other structure which may subsequently come up on above mentioned land

during later years.

(i)‘Competent Authority’ means, theVice Chairman, of the Greater Noida Development Authority (refer para 2(c) of Rules, 2011 to the UP-Apartment Act, 2010).

(j)‘Majority’ means more than 50 percent of the members present in the General Body meetings of RESIDENT WELFARE ASSOCIATION, GURJINDER VIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR – 201310; provided conditions of quorum are fulfilled.

(k)'Section' means a section of the Act.

(l)'Unit' means a Dwelling or Non-dwelling, Unit in the GURJINDERVIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR – 201310

(m)'Registrar' means the Registrar under the provisions of Section 21 of the Societies Registration Act, 1860.

1. Objects of Association. The objects of the Association shall be: -

(a)To be and to act as the Resident Welfare Association of residents of the building called GURJINDER VIHAR, AWHO TOWNSHIP (hereinafter called the said building).

(b)To provide for maintenance, repair and replacement of common areas and facilities by contributions from the apartment owners.

(c)To invest or deposit money.

(d)To ensure essential and sufficient security arrangement for the said building.

(e)If majority of the members agree, to retain and rent out on license suitable portions of the common areas and central facilities, for making a reserve fund; to be used for building of corpus fund, major repairs of the building, replacement of depreciated assets and acquire, need based, new assets.

(f)To provide for and do all or any of the matters provided in Section 14 (7) of the Act.

(g)With the consent of the majority of members, any short-term loan to any member(s) in case of any emergent necessity and to provide for the repayment thereof in lump sum or in instalments.

(h)To establish and carry on, on its own accord or jointly with individuals or institutions, educational, physical, social and recreational activities for the benefit of the apartment owners.

(i)To promote secular and national integration activities.

(j)To frame rules with the approval of the general body of the Association and after consulting the Competent Authority and to establish a provident fund and gratuity fund, if necessary for the benefit of the employees of the Association.

(k)To bring transparency in all functions of the Board of management and generate maximum benefits to the society, RWA to adopt E-tender (including reverse bidding), E-auction (including Swiss model of auctioning) and E-payment methods for collection of funds, investments, grant of contracts, allotment of shops and other assets, repair/maintenance works and planning/execution of major projects etc.

(l)To do all things necessary or otherwise provide for the welfare and expedient for the attainment of the objects specified in these bye-laws.

1. Members of the Association.

(a)All persons who have been allotted apartments (Dwelling Units) in, GURJINDER VIHAR, ARMY WELFARE HOUSING ORGANISATION (AWHO) TOWNSHIP, POCKET-5, SECTOR CHI-1, GREATER NOIDA, GAUTAM BUDH NAGAR – 201310 by Army Welfare Housing Organisation (AWHO) and have executed a deed of apartment shall automatically be the members of the Association and shall receive a copy of the bye-laws.

(b)Upon the death of member, the legal heir as accepted by the AWHO shall automatically become member of the Association after title of apartment is transferred on his/her name and will have the voting rights.

(c)Upon the sale of apartment to serving/retired Army, Air Force or Navy personnel, the purchaser of the Apartment being serving/retired Army, Air Force or Navy personnel shall become member of the Association after payment of entrance fees (Rupees Forty Thousand) and transfer of title of apartment on his/her name. The entrance fees may be revised from time to time by the General Body of the Association. On thus becoming members such persons will have right to vote and shall receive a copy of the Bye-Laws.

1. Joint Apartment Owners. Where apartment has been purchased jointly by two or more persons, they shall be jointly entitled to the apartment but the person whose name stands first in the deed of apartment will have the right to vote.
2. Disqualification. A member is not entitled to vote in the election for members of the Board and also not entitled to contest election for becoming a member of the Board, if he is in arrears, of any sum due from him towards the Association, for more than sixty days on the date of announcement of elections.
3. Cessation of Membership. A Member will cease to be a Member if he/she demits the ownership of his/her apartment by sale/transfer or upon death.

CHAPTER II

VOTING, QUORUM AND PROXIES

1. Voting. The members will have equal voting rights and each member will have one vote. In case of joint apartment owners, the person whose name stands first in the deed of apartment will have the right to vote. A member who is in arrears, of any sum due from him towards the Association, for more than sixty daysshall have no right to vote in any meeting.
2. Quorum. Presence of members equal to 30 percent of ‘members’ residing in GURJINDER VIHAR, AWHO TOWNSHIP, Greater NOIDA shall constitute a quorum except as otherwise provided in these Bye –Laws.
3. Votes to be Cast in Person. Votes will be cast in person.Except as otherwise provided, the resolution of the Association shall require approval by a majority of owners casting votes in person or proxy.

CHAPTER III

ADMINISTRATION

1. Powers and duties of Association. The Association shall have the responsibility of administering the GURJINDER VIHAR, AWHO TOWNSHIP, approving the annual budget, establishing and collecting monthly assessments and arranging for the management of the township in an efficient manner. The Association will also have the powers: -

(a)To elect suspend or remove members of the Board of management, including the President and other office bearer(s).

(b)To fix the honorarium for the office bearers of the Board of management. The amount of honorarium shall be reviewed from time to time and approved by the General Body.

(c)To approve the rental charges for central facilities and common areas.

(d)To amend the bye-laws in accordance with Para 62 of these Bye-Laws, with 2/3rd majority of the members residing in Gurjinder Vihar.

(e)To frame the “Rules of Business” subject to the approval of General Body Meeting of the Association and the Competent Authority.

(f)Approve appointment and compensation of Manager and Estates officer.

(g)Approve appointment and compensation of Chartered Accountant.

(h)Appoint election/empowered committee and approve election procedure.

(i)The Association shall appoint auditor/auditors who shall audit the accounts of the Association.

(j)To dispose of profits in accordance with the Act, Rules made there under, and these bye-laws.

(k)To consider the Audit Note, Inspection Note of the Competent Authority/Registrar and any other communication from the competent Authority/Registrar.

(l)Receive and approve budgeted expenditure for the year and audited accounts of the common facilities.

(m)To receive and approve annual budget including proposal for short/medium term development, maintenance plans for the next year. The budget prepared/approved by the previous board of management will be implemented by the board elected for the next year.

(n)To approve each work of development, costing more than Rs.2,00,000/- (Rupees two lacs only), i.e. works beyond the financial limit of the Board of Management of the Association.

(o)Enhance the upper financial limit of the Board of Management from year to year by a margin of 5% to 7%, to offset the inflation.

(p)To nominate/approve nomination of committees for any specific requirement.

(q)To receive and approve from the Board of Management a report on the preceding year’s working of the Association, together with a statement showing the receipts and expenditure, assets and liabilities, profit and loss and expenditure with respect to approved budget for the year i.e. Audited Accounts by Chartered Accountant and auditors report.

(r)To fix the terms and rates (minimum 18% to be compounded and to be recovered through pre-paid meter) at which penal interest shall be charged by the Board of Management on overdue payments for all outstanding dues.

(s)All other issues before the General Body Meeting shall be decided by majority vote.

(t)To decide matter regarding common profits and expenses in accordance with Sections 18 and 20 of the Act.

(u)To consider any other business brought forward.

(v)To enforce code of ethics and code of conduct on members of the association and members of the board of management.

(w)To ensure transparency in all functions of the Board of management i.e. investmentof funds, grant of contracts, allotment of shops and other assets, repair/maintenance works and planning/execution of major projects etc., through e-tenders (reverse bidding), E-auction (Swiss model) and E-payments/receipts.

1. Place of Meetings. Meetings of the Association shall be held at a suitable place as convenient to the members, such a placeshall be fixed by the Association.
2. Annual Meetings. The annual meetings of the Association shall be held on such date as the Association may decide. At such meetings, Board of Management shall receive the audited annual accounts and the next year’s budget shall be approved. The members may also transact such other business of the association as may properly come before them.

1. Special Meetings. It shall be the duty of the President to call a special meeting of members as directed by a resolution of the Board or upon a petition signed by members equal in number to one fifth of members of the association residing in GURJINDER VIHAR, AWHO TOWNSHIP; and having been presented to the Secretary in person or by mail; or at the request of the competent authority or any officer duly authorized by him in this behalf. Procedure as under shall be followed for conduct of special meetings: -

(a) The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No other business shall be transacted at a special meeting except as stated in the notice without the consent of two-third members present in person in the meeting.