RULES AND REGULATIONS OF THE RAKSHA RETREAT II, OWNERS WELFARE SOCIETY
1. The Society is and shall remain non-political and non-sectarian and these "Rules and Regulations" of the Society shall be called "Raksha Retreat II Owners Welfare Society Rules".
1.1.1 Definitions: In these Rules unless there is anything repugnant to the subject or context
1.1.2 “Member” means a person who is admitted as a member of the Society and is on Rolls of the Society on the relevant date and includes persons who acquire such Membership by subscribing for Life Membership, Annual Membership or Associate Membership as the case may be provided that, such "Member" has not been expelled or that he has not acquired any disqualification under the provisions of the Bye-laws/Rules and Regulations of Society or by the operation of the law of the land or in case of subscribing to 'Annual Membership" or "Associate Membership" whose name has not been struck off from the Rolls of Society, consequent to non-payment of the "Annual Subscription" for a period of three months from the date such subscription fell due.
2. “Society” means Raksha Retreat II Owners Welfare Society, June Estate, Sattal Road, Bheemtal.
2.2 “General Body” means General Body of the Raksha Retreat II Owners Welfare Society, June Estate, Bheemtal, Nainital.
2.3 “President” means the President of the Society.
2.4 “Vice President” means Vice President of the Society.
2.5 “Secretary” means Secretary of the Society.
2.6 “Joint Secretary” means Joint Secretary of the Society.
2.7 “ Treasurer” means Treasurer of the Society.
2.8 “Joint Treasurer” means Joint Treasurer of the Society.
2.9 “Internal Auditor ” means Internal Auditor of the Society.
2.10 “Executive Committee ” means Executive Committee of the Society
2.11 “Ladies Wing ” means Ladies Wing of the Society.
2.12 “Ladies Wing convener” means Ladies Wing Convener of the Society.
2.13 “Owners” means Legal Owner of dwelling Unit in Raksha Retreat II Owners Welfare Society, June Estate, Bheemtal, Nainital
2.14 “Residents ” means those who reside in Raksha Retreat II, June Estate, Bheemtal in the dwelling unit either owned or legally rented/leased out.
2.15 The words and expressions used in the rules and not defined in these Rules shall have the meaning assigned in the Rules and Act.
2.15 Words importing the singular number shall include the plural number and Vice –Versa and words importing the masculine gender shall include the feminine gender
3. Management: The affairs of the Society shall be managed by the following
i. General Body
ii. Executive Committee
4.1.1 All Registered Owners and Legal heirs or a Family Member nominated by the owner of the Immovable Residential property will automatically on payment of Registration and Subscription Charges as prescribed in the General Body becomes Member of the Society. Any person who resides as tenant in Raksha Retreat II is eligible to become Associate Member of the Society.
4.1.1 Member should be above the age of 18 years on day of application for Membership.
4.1.2 No insane or insolvent or debarred by Registrar as a person of undesirable character or related offence or otherwise disqualified by the Registrar, and/or as per the provision of the Act and Rules
4.1.3 When Registrant / legal heirs are more than one for single unit of property then they would have to decide for only one of them to be their nominee who will be the only one having right to vote.
4.1.4 When Registrant / legal heirs own more than one unit of property they can nominate any member of their family to exercise vote one for every single Registrant Dwelling Unit.
4.1.5 In case either spouse or a family member holds this membership, the membership right may be transferred to the other spouse or a family member upon conditions of death/physical disability/change of place or any reason acceptable to Executive committee by an application to the Executive Committee, which shall scrutinize the validity of the application and approve.
4.2 Cessation of Membership: The name of a Member shall be struck off from the Rolls of Members and Member shall cease to be Member of the Society on the following Grounds
4.2.1 Insanity and death
4.2.2 On sale of dwelling unit or transfer by one-way or other.
4.2.3 Non payment of dues as subscription or Society Maintenance Charges or any other dues specified by Executive Committee or General Body.
4.3 Rights and Privileges of Member: As the Society is purely Welfare Organization with the sole Aim is serving community residing in the Society, no Member is entitled to enjoy any special privilege from the Society for the reasons of being member of Executive Committee or General Body. However, he may, in the course of performing the interest of Society, avail of some facilities or enjoy any privilege subject to approval of/ consent of Executive Committee.
4.3.1 All Members have right to know the affairs of the Society
4.3.2 Any Member may request for details of Accounts of Society for purpose of scrutiny with a proper request made to the Executive Committee which if feels appropriate may permit him to do so as per the convenience of Executive Committee at appointed time and place by Executive Committee. For the inspection of records, Member has to pay Rs. 100/- (Rupees one hundred only) nonrefundable
4.3.3 All Members have right to attend General Body Meetings and voice their suggestion.
4.3.4 All Members have right to vote in the Annual General Body Meeting over the Agenda and election to the Executive Committee subject to NIL out standing dues against their account.
4.4 Rate of Subscription There shall be three categories of membership namely Annual Membership, Life Membership and Associate Membership. The following non-refundable fees payable for enrolment, as member shall be as under:
4.4.1 Enrolment Fees: Rs. 50/- to be paid by all who desire to be enrolled irrespective of the nature of membership.
4.4.2 Annual Membership: Rs 300:00 to be paid in advance. However if a resident becomes member after the commencement of the accounting year of Society, he shall pay Rs.30:00 per month of the uncompleted part of the year plus annual subscription for the whole of the next year in advance.
4.4.3 Life Membership: Rs. 3000:00
4.4.4 Associate Membership. The fees payable for Associate Membership shall be the same as in the case of Annual Membership"
4.4.5 Membership Renewal Charges: Membership will expire if it is not renewed on end of financial year when subscription is paid for one Year. Fresh application is to be made with Rs 50:00 as Membership Renewal charges for renewal. Along with accrued dues as Rs.30:00 per month for expired period before renewal request is made.
4.4.6 Life Subscription, Annual Subscription, Registration Charges and Renewal Charges are subject to review from time to time. The review will be conducted by Executive Committee and put up to General Body approval.
4.4.7 Any changes /revision will not be applicable to Life Members.
5 General Body: General Body constitutes the supreme authority in all matters and shall exercise control in all matters. It shall exercise control over the Members, the Office bearers individually or as a whole, the Standing Committee, the Sub-Committee and the Executive Committee by expressing its displeasure as regards to any act or acts of a member or members, the Office bearers individually or as a whole by expressing such displeasure as regards to performance and functioning of the Office bearers individually or as whole, the Standing Committee, the Sub-Committee and the Executive Committee or by expelling any member or members from the Society or by expressing lack of confidence in any Office bearer individually or as a whole.
5.1 Power, Duties and Function of General Body: All Powers as detailed in the Objectives of these Rules shall in general vest with the General Body.
5.1.1 To Elect Office Bearers and Members of Executive Committee for a period of two years.
5.1.2 To consider and pass the Annual Budget and Income and Expenditure of the Society.
5.1.3 To formulate the general Policies of the Society in conformity with the Objectives.
5.1.4 To extend or curtail rights of Executive Committee.
5.2 Meeting of the General Body.
5.2.1 The General Body shall ordinarily meet at least twice in a year.
5.2.2 Executive Committee may determine time, date and place of Annual Meeting of the General Body.
5.3 Notice of the General Body Meeting
5.3.1 All Members of the General Body shall be called by Notice under the Signature of the Secretary.
5.3.2 Every Notice calling a meeting of the General Body shall state the date, time and place at which such meeting will be held and shall be served if possible upon every member of the General Body not less than 14 clear day before the date of meeting, besides being displayed in writing on the Society’s Notice Board which will be accepted as adequate of having been served to all Members.
5.3.3 The accidental omission to give notice or the non-receipt of the Notice by any Member shall not invalidate the Proceedings.
5.4 Special Meeting of General Body: A special Meeting of the General Body can be called under the following circumstances.
5.4.1 On receipt of written Directive from the Registrar.
5.4.2 As considered necessary and appropriate by the Executive Committee.
5.4.3 On written request of at least 20% of total Members of the General Body, shall express object of the Meeting proposed to be called and shall be left at the address of the Secretary or posted to his address.
5.4.4 At all Special General Body Meetings, no subject other than stated in the Notice or requisition as the case may be, shall be discussed except when special authorization is obtained from the President.
5.5 Quorum of General Body: 1/3rd (One Third) of the total Members shall be the Quorum for the General Body Meeting. In the absence of the Quorum, the meeting shall be adjourned without transacting any business, to meet after 30 (thirty) minutes at the same venue. In the so adjourned meeting the members then present shall form the quorum. Only the Agenda points listed for the original adjourned meeting can be discussed and voted in the reconvened meeting.
5.6 Agenda for General Body:
5.6.1 Confirmation/ratification of the minutes/decisions of the last General Body Meeting.
5.6.2 Adoption of Annual Report Accounts, Including Balance Sheet, Profit and Loss Account together with the Auditors Report for the preceding Accounting year.
5.6.3 Consideration and Approval of Society Budget.
5.6.4 Consideration and Approval of general Policy and Program for the ongoing year as prepared by the Executive Committee.
5.6.5 To decide on any other item/matter put-up by the Committee, or if proposed by at least ten Members but with seven days Notice.
5.6.6 Discussion on Ladies Wing or any other Subcommittee.
5.6.7 Election of Office Bearers, if it is due and vacancies of Executive Committee, if any or ratify the vacancy filled by Executive Committee.
5.7 Voting at General Body:
5.7.1 Unless otherwise provided, simple majority will decide all items.
5.7.2 Every question submitted at the Meeting of the General Body shall be determined by the votes and opinion of the majority shall prevail.
5.7.3 Each member of the General Body shall have one vote and in case of equal splitting of votes, Chairperson shall have casting vote.
5.7.4 When Registrant / legal heirs are more than one for single unit of property then they would have to decide for only one of them to be their nominee who will be the only one having right to vote.
5.7.5 Only the members on the roll of the Society having paid the subscription of the Society for the current year and having no dues shall be entitled to attend and vote at the General Body Meeting.
5.8 Power of the President at the General Body:
5.8.1 The President shall preside over every General Body Meeting. In the absence of the President, The Vice President shall preside over the Meeting. In the absence of the President and Vice President, Members present shall choose a Chair Person for the Meeting.
5.8.2 President shall have the right to adjourn any meeting. However, for any subsequent adjournment of the very same meeting or any adjournments exceeding a day or more, the approval of more that 50% of the Executive Committee present at the venue of the meeting shall be obtained
5.8.3 A decision given by the Chair Person of the meeting on the point of order raised by a Member shall be Final.
5.8.4 A declaration by the Chair Person that a resolution has been carried out or lost by majority will be conclusive evidence of the fact.
5.9 Minutes of the General Body: The Minutes of the all meetings of the General Body, containing a fair and correct summary of the proceedings, shall be recorded by the Secretary and maintained in the Minutes Book, which shall be signed by him with date. Presidential Signature will confirm the Minutes of the General Body meeting in the next meeting of the General Body after discussion.
5.10. No Confidence Motion: It shall be possible for the General Body to express its lack of confidence against the Office bearers individually or as a whole, the Standing Committee, the Sub-Committee and the Executive Committee by a majority vote for any act or acts provided that such no-confidence motion is proposed by at least 10% of the Members on the Rolls of the Society on the relevant date giving reasons for proposing the said no-confidence motion and notice of the same is given to the Executive Committee through the Secretary of the Society and in case the proposed no-confidence motion is against the Secretary, such notice shall be given to the President.
5.10.1 On receipt of the proposal of no-confidence as stated above it shall be the duty of the Executive Committee to call for a General Body Meeting within 30 days of receipt of such motion so that the person or the persons who proposed the no-confidence motion move the same for the General Body to express its decision
5.10.2 Such no-confidence motion can also be proposed by 50% or more of the Executive Members against one or more of the Executive Committee members., anyone or more member of the Standing Committee or the Sub-Committee and notice of the same be given to the Executive Committee through the Secretary of the Society and in case the proposed no-confidence motion is against the Secretary, such notice should be given to the President.
5.10.3 Provided that the concerned Office bearers individually or as a whole, the Standing Committee, the Sub-Committee and the Executive Committee as the case may be is given at least 7 days clear notice of the General Body Meeting in writing with full particulars and reasons given by those proposing to bring the no-confidence motion.
5.10.4 Provided further, the General Body shall give a hearing to the concerned Office bearer individually or as a whole, the Standing Committee, the Sub-Committee and the Executive Committee a hearing before putting the no-confidence motion to vote.
5.10.5 On expression of lack of confidence by the General Body, the Office bearer individually or as a whole and the Standing Committee or Sub-Committee shall cease to exist.
6.0 Executive Committee:
The management of the Society shall be vested in the Executive Committee. The Executive Committee shall consist of six office bearers and one ex officio member.
6.1 Office Bearers (To be Elected by General Body) President and Secretary to be elected by General Body by designation
6.1.1 Ex Officio Members: One amongst the outgoing Office bearers whom the newly constituted Executive Committee may co-opt provided such outgoing Office bearer has not contested for the election of Executive Member and lost the immediately concluded election.
6.1.2 Office Bearers: The first meeting newly elected Executive Members shall be presided over by Returning Office in which meeting, the newly elected Executive Members shall elect the following Office Bearer from amongst themselves.
i. Vice President One No.
ii. Joint Secretary One No.
iii. Treasurer One No.
iv. Joint Treasurer One No.
6.2 The Special Powers of the Executive Committee to Entrust Special Duties to any Member:
6.2.1 The Executive Committee shall have the power to select, nominate, designate and entrust an special duty or responsibility to any one or more members of the Society provided that such the duties so entrusted does not amount to abdication of its duties by the Executive Committee
6.2.2 No member of the Executive committee of the Society shall be appointed any salaried office of the Society. No remuneration shall be given by the Society to a member of such Executive Committee except in matters of reimbursement of out of pocket expenses and interest on money lent, or rent of premises and such other dues paid or expenditure incurred for and on behalf of the Society.
6.2.3 Out Going Executive Committee shall ensure timely election of New Executive Committee.
6.3 Casual vacancies
6.3.1 The Executive Committee at its discretion shall fill casual vacancies arising between General Body Meetings through adoption/ Nomination from amongst the General Body Member till Next Election but appointment has to be ratified at the next meeting of General Body.
6.3.2 The Member so elected shall hold office only for the remainder of the Term of those in whose place they are to be elected.
6.4 Term of Office:
The Term of Office of Executive Committee shall be Two Calendar Year. However the Term may be extended by a further period of Six months at the maximum and at the discretion of the General Body under special/ emergent conditions.
No member will be continuing to be an office bearer for more than two consecutive terms.
6.5 Eligibility for Election as Office Bearer:
A person contesting an election to any post in the Society shall fulfill the following qualification:
6.5.1 He should be qualified to be a Member of the Society.
6.5.2 His name should be on the Rolls of the Society on the date of filing the nomination.
6.5.3 He or his close relatives should neither be holding an office of profit under the Society nor should have any sort of business dealings with the Society.
6.5.4 Close relatives for the purpose of this clause would include spouse, children, parents and in-laws.
6.6 Powers of Executive Committee:
The Executive Committee shall have general control of affairs of the of the Society and authority to exercise and perform all the powers, the planning, and running of Society, consistent with the aims and objective of the Society. Executive committee shall specifically have the under mentioned Powers.
6.6.1 To Execute the Resolution of the General Body.
6.6.2 To do sincere efforts for achieving the aims and objectives of the Society.
6.6.3 To collect the amounts due to the Society from the Members/ Associate Members, as brought out in these By Laws, by making adequate arrangements.
6.6.4 To Organize and administer various community services considered essential for the convenience, welfare and health of the Society’s members/ residents of the colony and as briefly mentioned in By Laws.
6.6.5 To incur all expenditure to fulfill various responsibilities and commitment of Society.
6.6.6 To ensure safety of Society Funds.
6.6.7 To discuss and frame the annual budget of the Society.
6.6.8 To authorize special expenditure for any specific purpose in anticipation of its being approved by General Body.
6.6.9 To appoint and delegate its powers to any sub-committee or to any member of the General Body for specific purpose.
6.6.10 To invite any member or members of council of advisors to participate in its meeting for a specific purpose.
6.6.11 To fill up casual vacancies and get ratified by the General Body.
6.6.12 To appoint a Returning Officer who would conduct the election as per the decision of the Executive Committee.
6.6.13 To accept the Management and administration of any endowment or trust fund or any subscription or donation or gifts provided that the same is unaccompanied by any condition inconsistent or in conflict with the nature and object for which the Society is established.
6.6.14 To delegate such administrative and financial powers as it may think proper to the President and Secretary of the Society as may be considered necessary.
6.6.15 To conduct, defend, compound, compromise or abandon any legal proceeding by or against the Society or otherwise relating to the affair of the Society utilizing services, as required, of Society’s Members / Associate Members or specially authorized professional experts. In any proceeding, the Society may sue or be sued in the name of Secretary.
6.6.16 To initiate, conduct, defend, compound, compromise or abandon any legal proceeding by or against the Society related to the common interest of all Members.
6.6.17 To initiate legal proceedings against agencies. Companies not fulfilling their commitment promised to members related to the Society.
6.6.18 The property of the Society shall be vested in the Executive Committee and in any proceeding, civil or criminal may be described as the property of the Executive Committee.
6.6.19 Manage the Society Property/ Services/ assets etc by appointing permanent/ temporary/ contract staff and suspend or punish (including dismissal) of any employee and to demand surety. Also make, amend or repeal such By Laws as they shall think essential for the regulation of the Business to entering into contracts, terms and conditions, creation & abolition of posts and any other matters that may be necessary.
6.6.20 To refer to the General Body all matters involving changes of policy or having importance financial implication.
6.6.21 The Annual General Body meeting would generally consider the Annual Program and Budget approved by Executive Committee.
6.6.22 Maintain Society’s accounts, including Balance Sheet, Profit and Loss Account. Also arrange the required half yearly (internal) Audit and present the same to General Body for approval and convey the Data to the Registrar.
6.6.23 Consider and take action on Audit inspection by Registrar/ his staff, keeping the General Body informed as appropriate.
6.6.24 To organize the General Body meetings.
6.6.25 Lay down additional Rules, in amplification of these By Laws and in over all general interest of the Objectives of the Society and all Residents, except any that cannot be delegated by the General Body as per the provisions of the ACT & RULES.
6.6.26 To keep a Roll of Members of General Body giving their addresses, and occupation and every member should sign the same.
6.7 Meeting of the Executive Committee
6.7.1 The Executive Committee shall meet as often as may be considered necessary by the President for the transaction of the business of the Society but shall meet at least once in a calendar month
6.7.2 The President shall decide the date, time and place of every meeting of the Executive Committee and the Agenda of the business for discussion at such meetings.
6.8 Notice of the Executive Committee Meeting:
Every Notice calling a meeting of the Executive Committee shall state the date, time and place at which such meeting will be held and shall be served upon every member of the Executive Committee not less than one clear day before the date of meeting, besides displayed in writing on the Society’s Notice Board. The Secretary shall send notice of the meeting of the Executive committee to the Members of the Executive Committee. The accidental omission to give notice or the non-receipt of the Notice by any Member shall not invalidate the Proceedings may be called on a written requisition.
6.9 Special or Emergency Meetings
An extra ordinary Executive Committee may be called on a written requisition indicating the purpose of the meeting by at least 10% members of the Executive Committee and on receipt of such requisition, the Secretary shall call such a meeting after giving one day Notice and at such time and place as the President may decide. At such a meeting, no subject other than those stated in the requisition shall be discussed except when specially authorized by the President.
6.9.1 Emergency meetings may be summoned at a short notice.
6.9.2 Notification for such Meetings will be given either by the Secretary or Joint Secretary or Treasurer in the order of preference.
6.10 Quorum for Executive Meetings:
1/3rd Members of the Executive Committee present in person shall constitute a Quorum at any Meeting of the Executive Committee. In case a meeting is adjourned for want of Quorum, there shall be no quorum for the adjourned meeting.
6.11 Voting at Executive Committee Meeting.
6.11.1 A Member who has not paid the dues for three months from date it was due, shall not be eligible to vote.
6.11.2 Questions arising at the Executive Committee Meetings shall be determined by votes and opinion of majority shall prevail.
6.11.3 Each Member of the Executive Committee shall have one vote and in case of equality of votes, Chair Person shall have the casting vote.
6.11.4 The Executive Committee members who desire that their dissent as regards to any decision be recorded, the same shall be done and the signature of such member obtained below the said recording in the "Minutes Book".
6.12 Voluntary Cessation of Office.
6.12.1 An Executive Committee Member or an Office Bearer shall be deemed to have voluntarily ceased to be such member or Office Bearer if he acquires any disqualification making him ineligible to be a member of the Society.
6.12.2 If he does not attend three consecutive meetings of the Executive Committee without prior permission of the Executive Committee in writing provided that the Executive Committee shall not grant such permission unless satisfied about the genuineness of the reason/reasons seeking such permission
6.12.3 However, an Executive Member or Office Bearer who resigns shall not be deemed to have voluntarily ceased to hold office. A person resigning from any Office, shall tender his resignation letter to the President or the Secretary and such resignation shall take effect only from the date of acceptance of the resignation by the General Body.
6.12.4 Executive Committee will recommend the disqualification to General Body, which will decide the issue by majority vote.
6.12.5 Resignation of the membership will be tendered to the Secretary of Executive Committee who will put up the resignation to General Body for acceptance by Majority vote.
6.12.6 Acquiring disqualification as per By Laws.
6.12.7 President, Executive Committee may nominate a new member to function till the disqualification or the General Body accepts resignation.
6.13 Casual Vacancies
6.13.1 Any casual vacancy in the Membership of the Executive Committee caused by death or any reasons mentioned in these Rules shall be filled in the same manner as provided in Rules. Such a member shall serve on the Executive Committee for the remaining period of the tenure of office of the outgoing Members.
6.13.2 The Society shall function not withstanding any vacancy in the body and no act or proceeding of the society shall be invalid merely by reasons of such vacancies or of any defect in the appointment of any Member.
6.14 President Power at Executive Meeting.
6.14.1 President shall have the right to adjourn any meeting however, for any subsequent adjournment of the very same meeting or any adjournments exceeding a day or more, approval of more that 50% of the Executive Committee present at the venue of the meeting shall be obtained.
6.14.2 A decision given by the President of the meeting on a point of order raised by a Member shall be final.
6.14.3 The President or in his absence the Vice President shall take the chair and preside the Meetings of the Executive Committee. If neither the President, nor the Vice President is present, the Executive Committee shall choose one from amongst the members present as President of the Meeting.
6.14.4 A declaration by the President that a resolution has been carried out or lost by a majority will be the conclusive evidence of the fact.
6.15 Minutes of the Meeting
All proceedings of the meetings of the Executive Committee shall be entered in a Minutes Book to be maintained by the Secretary for the purpose and the President at the next meeting shall sign all minutes after the same is duly confirmed
6.17 Resolution from Members
Any member desirous of moving any resolution at an ordinary meeting of the Executive Committee shall give notice thereof in writing to the Secretary not less than 1 day before the day of such meeting.
6.18 Agenda for the Meeting
The agenda shall also be sent along with the notice of the meeting at least 1 day before the ordinary meeting besides displays in writing on the Society Notice Board.
6.19 Circular Resolution
Any urgent business, which may required to be transacted by the Executive Committee, if urgent, Executive Meeting can be called, urgent business maybe transacted by a Resolution in writing circulated amongst all the Executive Members and the Resolution so circulated shall have full effect and be binding on all concerned provided that the such Resolution has the approval of 10 % of the Executive members.
6.20 Power, Duties and Function of Office Bearers of the Executive Committee
6.20.1 President shall exercise such Powers and perform such duties, as vested in him under the Act, Rules and these By-Laws and as additionally authorized by the Executive Committee.
184.108.40.206 To preside, over the meetings of the General Body and Executive Committee and casting his vote in case of an equal votes.
220.127.116.11 To maintains public relation with the colonizer and local bodies.
18.104.22.168 To manage the Society rightly and justly for the sole intention of achieving the aims and objectives of the Society and to attempt for the betterment of the same.
22.214.171.124 To call meeting of the General Body and Executive Committee of the Society as and when required through the Secretary.
126.96.36.199 To delegate all or any of his powers to the Vice- President as may be necessary with the approval of Executive Committee.
188.8.131.52 Be responsible for guidance, supervision & financial control on the matters and all work of Society. Financial Control will include monthly cash check, reconciliation of balance statement, vetting of Trial balance at the end of each month.
184.108.40.206 Exercise such powers and performs such duties, as vested in him under the act, Rules and these By Laws and as additionally authorized by the Executive Committee.
220.127.116.11 He can adjourn any meeting due to lack of quorum, or if decided by the majority of the Members through voting. In case scheduled Agenda Points are not completed during a meeting, the President shall in consultation with the Members present, decide on further course of action.
18.104.22.168 Have authority to take action including financial penalties, against any member/ Associate member, for failure to carry out his/her assigned duties/ specific task or adversely effecting the interest of Society after giving an opportunity to concerned person, to be heard and/ or Appeal to the Executive committee. On continued default or defiance of person concerned other corrective action as per Rule and action under Section 71 of the Act may also follow.
6.20.2 Vice- President
22.214.171.124 To act in the capacity of the President in absence of the President He shall with the help of the Joint Secretary and the Assistant Treasurer, 3 months prior to the expiry of the terms of the Office bearers take over the supervision of those and initiate steps to hold the General Body for electing the new Executive Committee and Office Bearers. The steps to be taken include ensuring
126.96.36.199 Up-dating the Membership Rolls.
188.8.131.52 Collecting the subscription dues from Members.
184.108.40.206 Up-dating the Books of Accounts.
220.127.116.11 Taking all other necessary steps for conduct of the election. He shall also inform the General Body of the steps taken by him in this regard.
18.104.22.168 The Vice-President is responsible in preparing a time-bound action plan and gets it through with Executive Committee and later implements the same into action.
6.20.3 Secretary Shall be the Chief Executive Officer of Society functioning under the supervision and control of the Executive Committee / the President. In general he keeps track of all matters and takes necessary action that concerns the welfare of the residents and members of the Society. Duties of the Secretary are as given below
22.214.171.124 To convene the meeting of General Body, Executive Committee or any other Committee for specific jobs and to be present during such meetings.
126.96.36.199 Secretary will be ex -officio member of all Sub-Committee
188.8.131.52 To record the proceedings of such meetings in the relevant proceeding books including names of those present. The proceeding should be got approved during the subsequent meeting.
184.108.40.206 maintains all records and take care of issue of circulars and notices for the meetings of the General Body and Executive Committee.
220.127.116.11 To co-ordinates with Treasurer in all relevant functions including maintenance of membership list and its updating and collection of subscription for the Society
18.104.22.168 The Secretary interacts with the ladies wings and takes necessary action on their requirement.
22.214.171.124 To carryon day-to-day work of the Society in conformity with the aims and objectives of the Society and to execute the resolutions of Executive Committee and General Body.
126.96.36.199 To file, executive, defend, compromise, withdraw, and refer to arbitration cases filled on behalf of or against the Society on in accordance with the decisions of the Executive Committee.
188.8.131.52 To suspend, appoint, dismiss, paid employees on behalf of the Society and to grant leave, allowance, and increment to them subject to approval of Executive Committee.
184.108.40.206 To open and conduct account with banks, post office or other institution in the name of Society as decided by the Executive Committee.
220.127.116.11 To do all such other acts as may be deemed necessary for the achievement of the aims and objectives of he Society
18.104.22.168 Proper maintenance of all records, various registers, relevant periodical statements and detail for, and on behalf of Society and present these when required in accordance with Act, Rules and these Bye Laws and also by the register and the Government.
22.214.171.124 Realization of dues due to Society from various source and properly safeguard and invest these Funds as per Act, Rules and these Bye Laws and as advised by Executive Committee from time to time.
126.96.36.199 Incur authorized expenditure within the limits prescribed by the Executive committee or under the Financial Power as per By Laws.
188.8.131.52 To generally oversee proper administration, management and working of the matter concerning the Society and apprise the president and/or the Executive Committee where exercise for taking corrective action.
184.108.40.206 To correctly exercise power/ authority vested in him and performs various duties/ function assigned to him as per the Act, Rules and these Bye Laws.
6.20.3 Joint Secretary
220.127.116.11 Deputizes the Secretary in his absence concerning meetings and office records, to meet new members of the Society and residents of the colony regarding their problems.
18.104.22.168 To assist the Secretary in all his duties.
22.214.171.124 In absence of the Secretary or on his delegation of his powers and functions the Joint Secretary will act in the capacity of Secretary.
126.96.36.199 To maintain and update the Membership Roll.
188.8.131.52. To keep records of all members of the Society.
184.108.40.206 To collects annual subscriptions and other dues from members of Society through representatives
220.127.116.11. To operate Bank Accounts of the Society as authorized.
18.104.22.168 To maintain record of all accounts of the Society.
22.214.171.124 To operate raise and collected funds / donations / subscriptions / dues etc.
126.96.36.199 To submit for audit to authorized auditors all accounts registers, vouchers, receipts and other papers necessary for audit work.
188.8.131.52 To prepare and present the budget for the following year and the report of the income an expenditure of the preceding year in the annual meeting of the General Body.
184.108.40.206 The Treasurer shall take charge of the amounts received by Society and sign relevant receipts on its behalf. He shall also sign any other documents singly or jointly, dealing with the Society’s finance and accounts. The Treasurer shall also be responsible for:
i. Personally making entries in cashbook, in case the accounts are maintained manually or sign in entries in cashbook to certify their correctness in case of computerized accounting.
ii. Execute Account Books, bills, Vouchers etc. prepare the Balance Sheet, Profit and Loss Account (Statement of Income & Expenditure), and all other Financial Reports/documents as per the Act, the Rules and these Bye Law. He will directly control any employee (s) appointed to assist him.
iii. Preparing a list of Assets and liabilities of Society.
iv. Keep in his custody optimally minimum cash, from funds of Society for managing day-to-day expenditure of the Society as approved by the Executive Committee.
v. To show cash in his custody plus any accounting documents/ data whenever required by order 0 Registrar, or any member of Executive Committee.
6.20.6 Joint Treasurer Helps the Treasurer when called upon and takes care of special duties as assigned by the Executive Committee and Treasurer. Also help to prepares the annual budget estimates to be approved by the Executive Committee / General Body.
6.20.7 Executive Committee Member
These are members not holding appointment in the executive committee but represent the different settlement blocks of the Society and attend meeting. They are responsible for informing the office bearers of the Society about the problems faced by residents of their, Block and adopt necessary steps in collaboration with the Secretary.
6.20.8 Standing Committee
The Standing Committee shall consist of the President, vice President and Secretary. It takes up urgent and immediate problems at short notices and gives its decisions for implementation. Such decision / suggestions are supposed to be ratified at the next meeting of Executive Committee.
Sub-Committees with power to co-opt members to deal with special subjects. The co-opted members shall not have right to vote. The terms of reference and rules of procedures for Sub-Committees shall be prescribed by the Executive Committee. The Sub Committee shall submit their reports to the Executive Committee but shall have no executive power. The term of office of members of a Sub-Committee shall terminate as soon as the sub-committee shall terminate as soon as the specific function for which the committee is appointed is completed. Any casual vacancy in such sub committee shall be filled by nomination by the President. The Reports/recommendations of Sub committee shall be placed before Executive Committee for final decision in a meeting of the Executive committee following receipt of such reports/recommendations. Sub committee will be authorized to organize cultural activities.
6.20.10 Ladies Wing
There will be a Ladies Wing comprising of the wives/relatives of members with sub committee of three to five ladies as chosen by the ladies of the colony. Such Ladies may have experience and/ exposure in various cultural, education and professional discipline. Its work Programmed and budget will be included in the Society Budget.
7. Funds of the Society
The Funds of Society shall be obtained from any or all the following sources.
7.1.1 Amount collected by the Builder Samiah Group from registered owner for the Society at the time of possession and transferred to the Society shall form the corpus of the Society.
7.1.2 Voluntary donations by members of the Society, individuals and various charitable organizations and other societies involved in social and community welfare work.
7.1.3 Registration fee, Membership Fee, other contributions and Monthly Maintenance Charges collected from members / Associate members as decided by the General Body from time to time.
7.1.4 Hire/rental charges of property/ assets to members / Associate members / their guest.
7.1.5 Sale of redundant / surplus movable assets.
7.1.6 Gift, donations, benefactions, bequests or transfers and grants.
7.1.7 Any other permissible means as per the provisions of the ACT, Rules and these By Laws
7.1.8 . All money received by the Society in any other manner or from any other source including state Government.
7.2 Utilization of Society Funds
The Society shall utilize Funds available to the Society with all sincerity and justice towards full filling the aims and objectives laid down. The funds will be utilized as follows
7.2.1 The Society Corpus shall not be spent except on Capital works, duly approved in advance by the general Body.
7.2.2 To meet the expenses of the Society including expenses incurred in the exercise of its powers and discharge of its functions.
7.2.3 Funds not required in the near future shall be invested and / or deposited to optimize return to the Society in any of the forms
i. National Saving Certificate
ii. Bonds and Securities of Central Government or nationalized bank
iii. Fixed Deposit of nationalized Banks.
iv. Any other method prescribed in rules but the safety of the Fund should be of highest priority
7.2.4 Any amount above Rs.5000/- be invested only after due concurrence of Executive Committee
7.2.5 Sufficient fund for routine expected expenditure in the near future can be deposited in Society account with any of the Nationalized Banks or a Bank approved by the Registrar .The amount held, as cash in hand should be kept to a practicable minimum
7.3 Operation of Bank Account
The Bank account shall be opened in one or more scheduled bank. All funds shall be paid into the Society account with the Bank and shall not be withdrawn except on a cheque signed by any two authorized signatories namely; the President, Secretary and Treasurer or any other officers authorized by the Executive Committee.
7.4 Financial Year
Financial year of the Society shall be from 1April, to 31st March
7.5 Audit of Accounts
Regular accounts to be kept of all its money and properties in respect of affairs of the Society. An Auditor appointed by the Executive Committee shall audit the account of the Society once a year in the month of June. The Auditor shall have the right to demand the production of all Books, Accounts, Vouchers and other necessary documents and papers. After the auditor has completed annual audit and given his report, the entire accounting should be placed before the Executive Committee for approval and signature by the concerned office-bearers. Next, the same office bearers and auditor should also sign the balance sheet. This paper will accompany the report of the Treasurer forming an integral. Part of a complete document that will be circulated to all the members along with the notification for the AGM as specified at least 7 days before the Annual General Body Meeting in September each year. Internal auditing shall be carried out on Quarterly basis.
7.6 Annual Statement of Accounts
The annual statement of accounts including the balance sheet and revenue account of the Society when accepted and passed at a meeting of the General Body shall be forwarded to the Register of Societies together with auditor's report thereon.
7.7 Annual Report
An annual report of the proceedings of the Society and of all work undertaken during the year shall be prepared and submitted to the Registrar of Societies, if required. This report and the audited accounts of the Society along with auditor's report thereon shall be placed before the General Body at the annual meeting.
7.8 Annual list of Executive Committee
Once in every year a list of the office-bearers and members of the Society shall be filed with the Registrar of Societies, Uttarakhand as required under Section 4 of the Societies Registration Act, 1860.
Any suggestion to amend the Memorandum of Society and Rules & Regulations is initiated by the Executive Committee on its own or is in receipt of a proposal for such amendment signed by at least 10% pf the members on the Rolls of the Society.
The notice of amendment or amendments so initiated by the Executive Committee or the members is sent to the Members on the Rolls of the Society at least 15 days prior to General Body Meeting called exclusively for the purpose of considering the proposed Amendments or otherwise The Resolution amending the Memorandum of Society or any Rules & Regulations is passed by 2/3rd of the Members present and voting at the General Body Meeting.
8. Legal Proceedings (Section 6 of the Act)
The Society may sue or be in the name of the Secretary as per provisions laid down under section 6 of the Societies registration Act, 1860, as applicable to the State of Uttarakhand.
9. Dissolution and Adjustment of Affairs
If the Society needs to be dissolved, it shall be dissolved as per provisions laid down under section 13 & 14 of the Society Registration Act, 1860 as applicable to the State of Uttarakhand .
10. Application of the Act
All the provisions under all the section of the Societies Registration Act, 1860 as applicable to the State of Uttarakhand shall apply to the Society
The Executive Committee shall hold office for two calendar years and new office bearers shall be elected in the month of February in the year in which such election becomes due. The Executive Committee may postpone however holding of election for a period not exceeding of 3 months for reasons to be recorded in writing and for a •further period of 3 months with the approval of the General Body. It shall be the duty of the outgoing Executive Committee to ensure timely election of the new Executive Committee.
11.1 Prior to election, the Executive Committee shall appoint a Returning Officer to conduct the election as per the provision of clause 6.6 of these Byelaws.
11.2 For the purpose of annual election of office-bearers, each member of the Society will have only one vote for each position.
11.3 The Returning officer shall frame rules for polling and notify the same to all members on the Notice Board or by appropriate means at least 15 days before the polling date.
11.4 It is essential that the candidate standing for position together with his / her propose and seconded should be members of the Society in the previous year and have cleared all their dues forth year ending 31 March of the Current year. Member exercising their rights of franchise should also clear their dues in the same manner.
11.5 A candidate can stand only for one position and a member can propose for only one candidate. Any member can contest for positions of the Office Bearer. Meeting requirements of nomination and scrutiny by the Returning officer. All nominations and / or withdrawals, if any, will have to be filed to the Returning Officer personally by the candidate. Nominations and withdrawals should be on a prescribed format given by the Returning Officer and signed by the candidate personally in the presence of the Returning Officer and then hand over the papers to him.
11.6 Election of office-bearers will be based on a plurality of votes, in case of tie, the candidate if present, will have the option of withdrawing, or else, the tie will be decided by the toss of the coin by the Returning Officer with or without the presence of the candidate or his / her agent.
11.7 A voter or his proxy is required to be physically present to cast his / her vote. Exceptions could be made at the discretion of the Returning Officer.
11.8 The Returning Officer or his representative will do counting of votes. Candidate or his representatives or their agents may be present at that time.
11.9 It is the prerogative of the Returning Officer to use his/ her discretion in case of doubts or disputes and that his decision on such matters will be final.
11.10 Returning Officer is answerable only to the General Body and has the authority to decide results null and void under extreme circumstances and recommend further to General Body.
11.11 The Returning Officer shall make the final announcement of the results of election immediately after the election is over and present his report to the new Executive committee within one day. His report should include details of expenditures incurred as prescribed by the budgetary allocation and should confine to matters relating to election/ election process with no reference and or comment on the policy or management of the Society. He ceases to hold office thereafter.
11.12 On completion of election, the office-bearers and members of the new Executive committee can assume charge immediately after the Returning Officer declares the election results. There is no necessity to call a meeting of the General Body for this purpose. A notification or report of the Returning Officer is enough for this purpose
11.13 . The role of the Returning Officer would be limited to the following:
i. Collection and display of the effective membership list (subscription paid up to 31 March of the current year.
ii. Calling for nominations, their scrutiny. Dealing with withdrawals and display of final list of candidates
iii. Conducting free and fair election
iv. Counting of ballot papers and prepare a statement of valid, invalid and rejected ballot papers
v. Declaration of election results and presentation of the report.
Members of the Raksha Retreat II Owner Welfare Society, including members of Executive Committee (which term covers members of their family as well) are expected to abide by the best traditions of discipline and decorum and may avoid actions prejudicial to the interest of the residents and of the Society in particular.
Members of the Society will cooperate with all measures, amenities, etc. that the administration or Samiah International Builder Pvt Ltd or Shikhar Construction plans and organize from time to time, until this function is taken over by a civic municipal framework. The Society also hereby agrees to give their support to the government and to the District authorities for any activity relating to the welfare of the residents of this colony.
The power to make, amend the byelaws and ratify the amendments from time to time is vested in the General Body of the Society. Any amendments/ratification of amendments to these Rules and Regulations will be approved by a meeting of the General Body and shall approve with not less than two third majorities of the member’s present and taking part in voting.
14. Reconsideration of matters by the General Body and Executive Committee
No subject mater disposed off by the General Body and Executive Committee at a meeting shall be brought up again for consideration until after the expiry of one year, except in a case where the President certifies that the subject matter requires further consideration in the interest of the Society
15. Authentication of Orders and Decisions of the General Body and Executive Committee
The signature of the Secretary shall authenticate all orders and decisions of the Executive Committee and General Body, or any other person authorized by the Executive Committee in this behalf.
All the provisions of the Societies Registration Act, 1860 (21 of 1860) including those stated in this document will apply to the Raksha Retreat II Owners Welfare Society whose Memorandum / Bye-Laws is submitted herewith
17. Essential Certificate
Certified that this is the correct copy of the Rules and Regulations of the Society. The above Rules and Regulations are hereby certified and signed by: