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Chapter-4 : Managing Committee << PREVIOUS                NEXT>>

24.            Management of Association- The affairs of the Association shall be governed by a Managing Committee (hereinafter and herein before called as Committee) which shall also exercise all such powers and authority of the Association including those which are not specifically and expressively vested by these bye-laws but are incidental to and necessary for the proper administration of the unit, but excluding those which, vide clause 23 of  bye-laws can be dealt with  only by the general body..

25.       The Managing Committee shall consist of 7 members and shall comprise of the President, Secretary, Joint Secretary and Treasurer (who shall be collectively known as office-bearers), the rest being Committee members. In addition, the Managing Committee will be assisted by an Advisory Committee of up to 8 members, at least 2 from each block of Shivani, in matters that require wider consultation and / or a large expense.

26.       The members in an Annual General Body meeting shall elect the Managing Committee and Advisory Committee. An elected Management Committee will retire at the next Annual General Body meeting where as the elected Advisory Committee shall retire at the Annual General Body meeting after a term of 2 years. Retiring members are eligible for re-election subject to their fulfilling the criteria for eligibility. Any vacancy in the Advisory Committee arising out of a resignation can be filled in, by announcing the vacancy through a notice to members, till the end of the term.

27.       From each unit only one person can compete for the posts of office bearers and/or Committee members. This person can be either the permanent member owning that unit or his/her spouse / ward / parent / tenant, if nominated in writing, by the permanent member. 

  1. The general body should make every effort to ensure that there is equal participation in the Managing Committee from each of the three blocks of the complex. In the absence of sufficient number of nominations from a block, the other nominations received will be considered, even if results in unequal participation between the blocks for the five office bearers.
  2. If sufficient members are not nominated as required in clause 25 of this bye-laws the following procedure will be adopted.
    1. If there are sufficient nominations for the position of the 5 office-bearers, but less than 6 nominations for the Committee Members, the election will go ahead and additional Committee members could be added on a later period to the extent of deficiency. Additional nomination received for the position of an office-bearer after the annual general body meeting, will be displayed in the notice boards of the association for 7 days. In the absence of any objection or competing nominations, the said member will be inducted as a committee member.
    2. If there are insufficient nominations for the position of the 5 office-bearers, the Association will function under the care of a care-taker President and care-taker Secretary who are elected by not less than three-fourths of the members who are present and are entitled to vote.
    3. The Association functioning under a care-taker President will be deemed be ‘dormant’ till a full Management Committee is elected.
    4. Any set of five members, who want to be the office-bearers, can submit a written, signed request for a special general body meeting.  When the Management Committee is appointed in the special general body meeting, the association should start functioning normally.
    5. The responsibilities of a caretaker President and Secretary are
      1. When a member gives a written request or when necessary, it will be the duty of the care-taker President to convene a special general body meeting.
      2. An Annual General body Meeting is to be convened every year as required by the bye-laws.
      3. Ensure that the maintenance activities continue as planned and approved in one of the earlier general body meetings.
      4. Carry out those activities that are explicitly approved in the one of the earlier general body meetings.
      5. Ensure that the books of accounts are maintained adequately and accurately.
      6. The other responsibilities of a full Managing Committee will not apply

 

--------------- End of Amendment in AGM 2009 ------------------------------- 

28.        Permanent members can compete for the posts of office bearers and/or Committee members. Temporary members can compete for the post of committee member. However they cannot be office bearers of the association.

29.       Only members who are residents can be members of the Managing committee.

30.       To be eligible to compete/be nominated for  any elected post, or be in any committee, the member concerned shall not have any dues payable to the association or to the  facility manager as certified by the Treasurer and/or the  facility manager as on the closing date of the nomination

31.       In the absence or inability of any office bearer of the association to act and of any person herein authorized to act in his place, the Committee shall from time to time delegate such powers to any other member of the Committee.

32.       An elected Committee member or office bearer may resign at any time by sending a letter of resignation to the President / Secretary but such resignation shall take effect only from the date on which the Committee accepts it.

33.       In case of President’s resignation, extraordinary general body meeting will decide the acceptance.

34.       Any vacancy arising from any cause during the said period may be filled in by the remaining members of the Committee by co-option. Such co-opted member shall also retire along with   the Committee.

35.       It shall be competent to the Committee members to form such Committees and sub-Committees as they may deem fit and to assign from time to time functions and duties and delegate such powers as may be within the control of the committee for any particular issue that may be of interest to the association or appear before any other authority and to take steps as may be necessary in pursuance thereof.

36.       No payment whatsoever shall be made out of the funds of the association to the President or any other office bearer of the association by way of honorarium for any service rendered.

37.       The quorum required by the Managing Committee shall be 5 including that of the president / presiding officer.

38.       Should a Committee member absent himself / herself for more than 3 consecutive meetings of the Committee without leave of absence he/she shall cease to be a member of the same unless a majority of the remaining Committee members decide otherwise.

39.       There shall be at least one meeting every month but interval between two such meetings shall not be more than 45 days.

40.       Every issue before the Committee shall be decided by a simple majority of the Committee members present and voting and in the case of a tie the President or the Presiding officer may exercise his casting vote.

41.       Three days clear notice shall be given for a Committee meeting. In case of urgent/special matters may be held on shorter notice. However the meeting can proceed only if  not less than 51% of its members approve of the short notice.

42.       The Committee shall decide about the mode of imposition of fine/action for any breach of provision of the byelaws/rules/regulations of the association. Fine/Action shall require the approval of the members of the association.

43.       Working of the Committees :

a. The Management Committee members shall assist the Office-bearers in all respects.
b. The Management Committee is required to consult the Advisory Committee on matters that involve expenses as discussed in clause 70 of the bye-laws and matters that are NOT day-to-day in nature and are important. The collective vote of all the members should be considered in such cases.
c. The Advisory Committee shall not take up any other routine tasks of Managing Committee as defined elsewhere in the Bye-laws unless requested by the Managing Committee.

44.       Other duties - In addition to the duties imposed by the bye-laws or by resolution of the Association, the Managing Committee shall be responsible for the following:

  1. maintenance  of Shivani Apartments  vide clause 82.
  2. collection from dues  to the Association
  3.  Supervision  of the facility manager and/or any other persons  employed   by the Association.
  4.  collection and safe custody of  documents  from the builder vide clause 84
  5. to provide for the manner in which the audit and accounts of the Association shall be carried out.
  6. to inspect the accounts kept by, the Secretary/Treasurer and examine the registers and account books and to take steps for the recovery of all sum due to the Association.
  7. to see that cash books is written up properly and is signed periodically by one of the members of  the Managing Committee.
  8. to specify the times at which and the manner in which the annual general meeting and special general meeting of the Association shall be held and conducted.
  9. The Secretary shall keep a minute book wherein all resolutions shall be recorded.

45.    The Managing Committee shall evaluate and use the services of a Facility Manager.