The West Bengal Societies Registration Act, 1961 Memorandum of Association Of

The West Bengal Societies Registration Act, 1961
Memorandum of Association
Of
“ Akankha Krishnachura Society Newtown”
1. Name: The name of the Society shall be Akankha Krishnachura Society Newtown’.
2. Registered Office: The Registered Office of the Society shall be situated at
Community Hall B Krishnachura, Akankha, Newtown Kolkata-700157 in the
State of West Bengal.
3. Aims & Objectives: The objectives for which the Society is established are :
a) To facilitate the process of obtaining the completion certificate of this residential
complex from the authorities.
b) To ensure secured, safe, Peaceful & healthy life of the residents of Akankha
Krishnachura and maintain & up keep its social and physical environment for the
benefit of its residents.
b ( i )To frame rules, with the approval of the general body of the Association, to administer the
building and common facilities.
b ( ii )To do such other things as may be considered as to be incidental or conducive
to the attainment of the aforesaid objectives;
b ( iii )The Association shall not act beyond the scope of its “Objects” without duly amending
the provisions of the Bye-laws for the purpose. The income of the Association shall be utilized
for the objects of the Association and shall not be distributed among its members.
c)
To promote, develop and encourage advancements of literary, cultural, religious
and scientific education and awareness amongst the residents of Akankha
Krishnachura.
C ( i ) To frame rules and administrative procedure with the approval of the general body of the
association. In exceptional / day-to-day cases, the MC is authorized to frame / change rules
from time to time.
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C ( ii ) To promote close co-operation between members and to render all possible advice and
guidance to members in any matter relating to ownership and enjoyment of living in
Apartments and to provide such amenities and facilities to members as the MC may deem fit;
C ( iii ) To carry out the above objectives and activities to facilitate their efficient and effective
functioning, to liaison, collaborate and share experience with individual and / or other
bodies and organizations with similar objectives in the city
of Kolkata, organize
meetings or participate in them, make representations or carry out other activities of the
aforesaid objectives;
C ( iv ) To do all other lawful acts for attainment of the aforesaid objectives;
d) To appoint constituted attorney or agents and to delegate such attorneys or
agents all or any of the powers vested in them under these presents and from
time to time remove such attorneys or agents and to appoint others in his/their
place.
e) To take steps, legal or otherwise, in its own names as the Association may require
against any person, firm or body corporate for safeguarding the interest of its
members / Residents.
f)
To do all such other things as may be deemed incidental or conducive to the
attainment of the foregoing objects. The objects of the society will always remain
restricted within the scope of West Bengal Societies Registration Act, 1961 and will
in no way look similar to those coming under West Bengal Apartment Ownership
Act, 1972 or any other law for which separate arrangement of registration is there.
The present registration will not empower the society to avoid registration under
West Bengal Apartment Ownership Act, 1972 if and when necessary.
g) The incomes/collection of the society whatsoever derived or obtained shall be
applied
solely
towards
the
promotion
of
the
objects
of
the
society
and no portion thereof shall be paid to or divided amongst any of it’s by way of
profits.
h) The functions and objects of the society shall always remain restricted within the
meaning of the section 4(2) of the West Bengal Society Registration Act,1961
irrespective of any object mentioned in the present document in agreement or
opposed to the said section.
Before commencing the activities of the society necessary approval/permission will be
obtained from the Government or other appropriate/concerned authorities as and
when required.
j)
To do all such acts, deeds, matters and things as may be deemed incidental or
conducive to foregoing objects.
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4. Objects incidental or ancillary to the attainment of Main objects :
a) To liaise with the promoters and provide two way communication channel
between promoters and members on common issue placed before the
Association by it’s members, specially those relating to provision of services
for short and long term health and maintenance of the complex.
b) To receive and collect subscription, donation and contribution from the
members and protect the interest of the members of the society from forced
collection of any type of subscriptions and unnecessary harassment from any
corner.
c)
To prescribe and regulate norms and conditions for outside servicing maids,
agencies, salesman etc.
d) To keep close relation among the members of the society for their welfare.
e) To take up and handle the problems of the members to try to solve such
problems through discussions.
f)
To establish good relations between the members of the society.
g) To open charitable dispensaries, blood donation centers and to prevent
pollution etc.
h) To preserve, propagate and perpetuate performing arts, music, dance and
drama
to
organize
seminars,
festivals
for
national
integrations
and
dissemination of Indian Art and culture and to promote unit , harmony and self
discipline among the members through bonds of friendship and to practice the
principle of good citizenship through active participation and cooperation in
civic , social and economic life of the community.
5. The names, addresses and descriptions of the present members of the Governing
body:
Name
Address
Description.
President
Secretary
Vice President
Jt Secretary
Jt Secretary
Treasurer
Executive Member
Executive Member
Executive Member
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Executive Member
Executive Member
Executive Member
Legal Advisor
6. We, the several persons whose names, addresses and occupations are hereunto subscribed
are desirous of being formed into an association in pursuance of this memorandum of
association.
Sl No.
SIGNATURE
ADDRESS
1
2
3
4
5
6
7
8
9
10
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OCCUPATION.
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Witness to the above signatures,
1.
2.
Rules and Regulations
“Akankha Krishnachura Society Newtown”
1.
Membership:
Every flat owner, irrespective of caste, creed or religion, whether staying or not
are compulsorily bound by the Memorandum of Association and Rules &
Regulations of the society, may be admitted as a member of the society.
2.
Any member may from time to time appoint in writing any person to represent him
and may similarly cancel such appointment.
3.
Any person who ceases to have any of the qualifications shall also cease to be a
member of the Association.
The member shall pay and annual subscription along with an admission fee which
shall be determined by the Governing Body from time to time.
4.
Cessation of Membership:
Any member of the society shall cease to be a member:a) On his becoming insane or insolvent
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b) On his conviction of any offence in connection with the formation, promotion,
management or conduct of affairs of a society or a bad corporate or of any
offence involving moral-turpitude.
5.
Register of Members: The society shall maintain a Register of Members
containing their names, addresses and their date of admission and the date of
cessation. The Register will be kept open for inspection of the members of the
society on requisition.
6.
Rights & Privileges of Members:
a)
To submit suggestion for discussion to the Governing Body and
sub-committee on any matter;
b)
Defaulting members shall not be allowed to take part or vote at
any meeting; and
c)
Members shall have one vote each. A member can appoint any
person in writing, who must be resident as his proxy to attend and
vote at a meeting.
6. Obligation and duty
Refer to the Dos & Don’ts of the society
8. Composition & Election of the Governing Body:
The Governing Body shall be elected by the General Members of the society in
the annual general meeting and the members of the E/Committee shall be not
less than 11 members who shall be composed of as President, Vice President ,
Secretary, Jt Secretary Treasurer, and Members. The Office-bearers shall be
elected by the Governing Body from amongst themselves in the first meeting
of the Governing Body.
9.
Termination of Membership:
A member of the Governing Body shall cease a membership if:a)
He resigns by a letter addressed to the Secretary;
b)
He absents himself from three consecutive meetings of the Governing Body
without any leave or without reasonable grounds;
c)
He is convicted of any offence in connection with the formation, promotion,
management or conduct of affairs of a society or a body corporate or of any
offence involving moral turpitude.
10.
Term of Election:
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All members of the Governing Body shall retire at the Annual General Meeting
every
year
following
their
election
when
the
new
Governing
Body
shall be formed.
11.
Meeting:
A meeting of the Governing Body shall be held at least once in three months at
such time and place as the President or the Secretary may determine. Any 7
members
of
the
Governing
Body
may
requisition
the
meeting of the E/Committee and the Secretary shall summon the same within
3 days and falling which the President or the requisitions may do so provided
no business other than that specified in the notice shall be transacted.
12.
Notice:
7 days notice of the meeting specifying the place, time and the
general nature of work and business to be transacted shall be given to every
member of the Governing Body. Emergency meeting may be called in 24 hours
notice.1/3rd members personally present shall constitute a quorum for the
meeting and if a quorum is not present within 30 minutes of the time the
members present may adjourn the meeting.
13.
Procedure of the meeting: The President/Secretary or in his absence any
one of the Vice-President shall preside over all meeting of the Governing Body
and in their absence the members present shall elect a Chairman the meeting.
All questions before the meeting will be decided by a majority of votes, each
member having one vote. The President or the Secretary shall have a 2nd or
casting vote in addition to his own vote in the case of equality of votes.
14.
Powers & Duties of the Governing Body:
a) The management of the affairs to the society shall vest in the Governing
Body. The Governing Body shall have the powers and functions the
Association has and as are necessary for discharging its responsibilities
under these presents. It shall have to abide by the decisions of the General
Meeting of the Association and shall work according to guidelines, if any,
prescribed by the General Meeting of the members and the provisions of
these presents.
b) Without prejudices to the generality of the above the Governing Body shall
have the following powers and functions:
i.
To look after the administration of the premises Krishnachura
excluding the covered area belonging to individual members.
ii.
To formulate rules and regulations for the purpose of maintenance,
preservation and upkeep of the premises and part thereof, without in
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any impinge the rights and responsibilities of the members in report of
their respective covered area.
iii.
To pay such premium and rates and taxes and other outgoings in
respect of the premises is not the individual responsibility of the
members in respect of their respective covered area.
iv.
To enter into negotiations contracts and the same for any of the
purposes aforesaid.
v.
To appoint, remunerate, suspend, remove, permit or demote any
survivors.
Contractors,
managers,
officers,
clerks,
security
staff
workmen other agents, servants for permanent or temporary service
or assignments;
vi.
To recover and realize money due to the society and to give receipts
thereof;
vii.
To invest the surplus funds of the society in such investment or
deposit as it deems fit proper and to vary transpose or sell or
otherwise dispose off such investments and to realize proceeds thereof
or incomes there form;
viii.
To institute, conduct, defend, compound or abandon any suit or
proceedings by or against the society and also to compromise and
allow time for payment or satisfaction of debts due to and any claims
or demands by or against the society;
ix.
To refer to arbitration any claims or demands by and against the
society;
x.
To appoint lawyers, attorneys etc. and to pay their fees and to sign
and file warrants of attorneys Plaints written statements petitions and
all other pleadings and documents that may be thought fit.
xi.
To make call on members from time to time as may be necessary in
the opinion of the Governing Body and in conformity with the
provisions of these presents for implementing all or any of the
provisions herein contained/ or modified form time to time also for
payment of all outgoings.
xii.
To borrow moneys for any work of the society on such terms and
conditions as the Governing Body may decide.
xiii.
To open bank accounts of such types and with bank / banks as the
Governing Body thinks fit.
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xiv.
To appoint sub-committee and to delegate such powers and functions
to it or them as it may deem fit.
15.
Bank Operation: The banking accounts of the society shall be operated by the
President, Secretary and Treasurer on any two of them jointly.
16.
Safe Custody of Funds: The Governing Body of the society shall be responsible
for the safe custody of the funds and assets of the society. The funds of the
society and shall be kept in banks/post office and be invested in any securities
as specified u/s. 20 of Indian Trust Act, 1882.
17.
Accounting Year: The Accounting year of the society shall be form 1st April to
31st March of the following year.
18.
Books of Accounts, Inspection of & Audit:
(a)
The books of Accounts and other statutory books shall be kept at the
registered office of the society and shall be kept open for inspection of the
members of the Governing Body during usual office hours and the same
shall be kept open for inspection of the society at such time and place as
the E/Committee directs on a written request by any member. The society
shall maintain accounts which will be audited annually by a qualified
auditor or auditors.
(b)
At every Annual General Meeting the Governing Body shall lay a Balance
Sheet and Profit and Loss Account made up in accordance with the
provisions of The West Bengal Societies Registration Act, 1961 so far as
they are applicable and will not be bound to disclose greater details of the
result or extent of the trading and transactions of the Association that it
may deem expedient.
19. Audit:
a)
The Governing Body shall appoint first auditors to hold office till the
conclusion of first Annual General Meeting. At every Annual General
Meeting, auditors shall be appointed to hold office till the conclusion of
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next Annual General Meeting. Any casual vacancy of Auditors shall be
filled in accordance with the provision of the Act;
b)
Once in at least every year the accounts of the society shall be examined
and audited by an Auditor or auditors duly appointed.
c)
The remuneration of the Auditors shall be fixed by the society in General
Meeting except that the remuneration of any Auditor or Auditors
appointed by Governing Body may be fixed by the Governing Body
20.
Manager or Secretary:
a)
(i) A manager or secretary may be appointed by the Governing Body for
such terms at such remuneration and upon such conditions as it may
think fit and any manager or secretary so appointed may be removed by
the Governing Body.
(ii) A Governing Body Member may be appointed as manager or
secretary.
b)
A provision of the Act or these regulations requiring or authorizing a
thing to be done by or to a member and the manager secretary shall not
be satisfied by it being done by or to the same person acting both as
member and as or in place of the manager or secretary.
c)
(i) The Governing Body shall provide for the safe custody of the Seal.
(ii)
The Seal of the society shall not be affixed to any instruments except by
the authority of a resolution of the Governing Body and every deed or
other instruments to which the Seal of the society is required to be
affixed, shall unless the same is executed by a duly constituted attorney
for the company, be signed by at least two Governing Body in whose
presence the Seal shall have been affixed.
21.
General Meeting:
There shall be three kinds of general meetings: (a) Ordinary General Meeting, (b)
Annual General Meeting, and (c) Special General Meeting.
22.
Ordinary General Meeting:
The society shall hold an ordinary general meeting as and when necessary. At
least 7 to 14 days notice specifying the time, place, day and hour shall be given
to every member of the society.
23.
Annual General Meeting:
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The society shall hold an annual general meeting every year and not more than
15 months shall elapse between two successive annual general meetings. At
least 14 days notice specifying the time, place, day and hour shall be given to
every member of the society.
24.
Quorum:
The quorum for transaction of any business in ordinary general meeting and
annual general meeting shall be 1/3rd of the total number of the members
present personally.
25.
The business to be transacted at the annual general meeting shall be:a) To confirm the minutes of the last annual general meeting and of
special general meeting, if any;
b) To adopt with or without modification the report of the working of the
society for the previous year ended;
c)
To pass audited accounts for the said year;
d) To appoint qualified auditor or auditors;
e) To elect the Governing Body Members.
26.
Special General Meeting:
a) A Special General Meeting may be convened by the Governing Body
at any time in view of urgency of the matter. At least 14 days’ notice
shall be given for Special General Meeting.
b) A Special General Meeting may be convened by the Secretary if 2/3 rd
members of the society requisitioned such meeting specifying the
nature of the business to be transacted at the meeting. On receipt of
such notice the Secretary shall hold such meeting within 21 days. In
default by the Secretary, the requisitions shall hold such meeting
provided no business other than that specified in the notice shall be
transacted.
27.
Duties of Office Bearers:
a) PRESIDENT: (i) Shall preside over all meetings of the society; (ii)
take all disciplinary actions such as removal, dismissed etc. in
conclusion with the Governing Body; (iii) May co-opt four members
as Governing Body Members.
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b) SECRETARY: (i) Shall convene all meetings of the society; (ii)
maintain minute books of all meetings, (iii) issue general circulars
and notices; (iv) receive all applications for membership which shall
be placed before the Governing Body; (v) sign on behalf of the
society all receipt for all sums received as subscriptions etc; (vi) sign
and give pay order on all bills for payment; and (vii) transact all
other business subject to the direction of the Governing Body. (vi)
take all disciplinary actions such as removal, dismissed etc. in
conclusion with the Governing Body; (vii) May co-opt four members
as Governing Body Members.
c)
VICE PRESIDENT: (i) Shall preside over all meetings of the society in
absence of President; Should act on behalf of President in his
absence.
d) Joint Secretary: (i) Shall convene all meetings of the society in
absence of Secretary Maintain all records and obliged to carry on the
duties and responsibilities by the Secretary.
e) TREASURER: (i) Shall collect and receive all sort of subscriptions,
donations and deposit of money and grants receipt for money
thereof; (ii) maintain and keep cash book and such other accounts
as are necessary
f)
PUBLIC RELATION OFFICER: Shall keep close relation with the public
and other competent authority.
28.
Suites and Legal Proceedings: All suites and legal proceedings by or against
the society shall be in the name of the President/Secretary or such person as
shall be appointed by the Governing Body for the occasion.
29.
Amendment of Bye laws: The Articles may be altered by any General Meeting
by the majority of at least seventy five percent members present in such
meeting subject to minimum thirty members at the said meeting.
30.
Identity: Every Governing Body member, secretary or officer of the society &
any persons (Whether an officer of the society or not) employed by the society
and any person appointed as Auditor shall be indemnified out of the funds of the
society against all liability incurred by him as such Governing Body Member,
Secretary, Officer, Employee or Auditor in defending any proceeding, whether
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civil or criminal, in which judgment is given in his favour, or in which he is
acquitted or in connection with any application in which relief is granted to him
by the Court.
31.
Arbitration: Wherever any difference or dispute arises between society on one
hand and one of the members or their heirs, executors, administrators or
assignee on the other hand or between the members inter-se or their respective
heirs executors, administrators or assignees inter-se touching the true intent or
construction or the incidents or touching anything then or thereafter done,
executed, omitted or suffered in pursuance of these presents or of the statutes
or touching any breach or alleged breach, or otherwise relating to the premises
or to these presents or to any statutes affecting the society, every such
differences or dispute shall be referred to the decision of the single arbitrator to
be appointed by the parties to the dispute from amongst the members of the
society or in difference or if they cannot agree upon a single arbitrator , each of
the disputing party shall appoint an arbitrator from the members of the society
and the two arbitrators shall appoint a third arbitrator, who shall be the
presiding arbitrator
for resolution of disputes, such arbitrations will be
governed by the legislative provisions relating to arbitrations in India for the
time being in force.
32.
Alteration of Rules & Regulations:
The Governing Body shall have power to take such bye-laws as may consider
necessary in the interest of the society. The rules and regulations may be
altered, modified, rescinded or added to only by regulations passes by the 3/4 th
majority of the members of the society present at general meeting.
33.
Dissolution:
The society may be dissolved by a resolution to that effect passed by the 3/4th of
the total members of the society at a general meeting. The said meeting shall
also decide the manner of disbursement of the funds and assets of the society, if
any, after dissolution as per provision of the Act.
We, the undersigned members of the Governing Body of the society, do hereby certify that the
above is a true copy of the Regulations of society.
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Signature of three members of the Governing Body:
1.
2.
3.
Dated :
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