RAIL VIHAR APARTMENT OWNERS ASSOCIATION-III B RAIL VIHAR (Gate no 2),NEW TOWN

KOLKATA-700156

(Registered under the WEST BENGAL APARTMENT OWNERSHIP ACT, 1972.)

BYE-LAWS

(Bye-laws are made as per guidelines of The West Bengal Apartment ownership Bye-laws, 1974)

Page 1 of 18

CONTENTS

Sl No Item details Page no.

1 Name of Association 2 2 Definition 2 3 Formation of association of apartment owners 3 4 Function of Association 3 5 Annual general meeting of the Association 4 6 Quorum for a meeting 4 7 Constitution of Executive Committee 5

8 Election of members of Executive Committee 5 9 Constitution of Sub-Committee 6 10 M Meeting of Executive Committee 6 11 10. Removal of Members of Executive Committee 6 12 11. Community Center 7 13 12. a) Management of the Community Centre 7

14 13. b) Booking of Community Center 7 15 Power and duties of Executive Committee 8 16 Financial powers of Executive Committee 9 17 Powers and Duties of the Office Bearers 9 18 A) President 9 19 B) Vice-President 10

20 C) Secretary 10 21 D) Assistant Secretary 10 22 E) Treasurer 10 23 Budget and supplementary estimate 11 24 1 Finance, Audit and Accounts 11 25 1 Publication of audited Annual Financial Statement 12 26 1 Assessment of share of common expenses 12

27 Payment of common expenses 12 28 Duties and Responsibilities of the Apartment Owners 13 29 Apartment put on rent 14 30 Collection of subscription for social functions 14 31 Website of Association 15 32 Do’s&Dont’sin the complex 15

33 Regulation of entry of visitors 16 34 Domestic staff and other regular visitors and vendors 16 35 Restriction on certain acts 17 36 Structural additions or alterations 17 37 Encumbrance of apartment to be notified to the Board 17 38 Sale/transfer of Apartment 17 39 Use of common Areas and Facilities 18 40 Right of entry into an apartment 18 41 Miscellaneous 18 42 Grievances of members of Association 18 43 Legal jurisdiction 18 44 Seal of the Association 18

Page 2 of 18

1 a) The name of the association shall be ‘RAIL VIHAR APARTMENT OWNERS

ASSOCIATION-III B’(RVAOA)

b) The Registered office is situated in the Community Center, Rail Vihar (Gate no 2),

Phase III- B, Newtown, and Kolkata 700156.

2.Definitions: -

(1) In these bye-laws, unless the context otherwise requires--

(a) ‘’the Act’’ means West Bengal Apartment Ownership Act, 1972(W.B. Act XVI of 1972);

(b) ‘’Apartment Owner’’ means the person owning or deemed to be owning an apartment

under the Act;

(c) ‘’Appointed day’’ means the day on which these bye-laws come into force;

(d) ‘’Association’’ means an Association of Apartment Owners;

(e) i) ‘’Board’’ means a Board of Managers of an Association of Apartment Owners-

it is same as “Executive Committee” of the Association.

ii) ‘Manager’ of the Board and ‘Member” of the Executive Committee is same

the term Executive Committee will be followed by RVAOA

(f) ‘’Financial Year’’ means the year commencing on the first day of April;

(g) ‘’Member’’ means a member of Association;

(h) President’’ means the President of the Association;

(i) ‘’Property’’ means property submitted to the provision of the Act under section 2;

(j) “IRWO” stands for Indian Railways Welfare Organisation

(k) Common Area means equally undivided area outside the dwelling unit which shall include passage, corridor, lift and lift well, staircase, park, sub-station, community hall, pump house, sewerage, treatment and disposal unit, water storage and treatment plant, stilt, parking area etc. specially provided for in the Declaration.

(l) Declaration means the instrument by which the property is submitted to the provisions of this Act

(m) Maintenance Fund is i) Interest of the corpus fund, accumulated by IRWO collected from all members for

the maintenance of common assets in the housing complex. ii) Amount collected annually from its members to defray the common expenses for

different services and payments made for common purposes

(n)“Corres” means Corresponding Number of The West Bengal Apartment Ownership Bye-Laws,1974

(2) All expressions used but not defined in these bye-laws and defined in the Act shall have the same meanings as have been respectively assigned to them in this Act.

Page 3 of 18

3. (Corres-3) Formation of association of apartment owners:-

a) There shall be in respect of each property, an Association, and each apartment owner of such property shall be member of such Association.

b) All Apartment owners of Phase III-B, Rail Vihar,New Town, are automatically members of Rail Vihar Apartment Owners Association-III B.

3.1. All Apartment owners will continue to hold such membership till such membership ceases

as hereunder mentioned.

(a) Where an apartment owner transfers his apartment by sale, heshall cease to be a member of the Association concerned from the date of the sale, and the purchaser, becomes immediately a member of the said Association in place of the transferor. However, Sale/Transfer of ownership rights will be strictly as per the rules framed by IRWO.

(b) In the event of the death of an apartment owner, his legal heir will be eligible to continue the membership

(c) Where any member indulges in activities detrimental to the interests of the Association or harmful to the interests of the other member(s) of the Association, subject to the approval of two third of the members present in a Generalmeeting.

(d) Non-payment of dues continuously for 24 months or more,which will be followed with a resolution in Executive Committee meeting and personal approval of the President of the Association.

3.2. Register of members:- The Association shall maintain detailed profile of each and every member i.e. names and ages of his / her family members in a Register. Every member shall have access to the same register/data base.

4.( Corres 4)The Powers and functions / objectives of the Association:-

1) The final authority of an Association shall vest in the general meeting of the members, which shall administer the property concerned in accordance with the Act and bye-laws and exercise general supervision over the affairs and business of the Association .

2) The functions of the Association shall be-

(a) To take necessary steps for adequate security of the Housing Complex. (b) To take necessary steps for upkeep, upgradation and cleanliness of the common

areas and facilities in the buildings and compound. (c) To take necessary steps for management, preservation and maintenance of the

buildings, all common areas, lifts, water pumps, electrical installations, generators, drainage, sewerage system, removal of garbage etc. and payment thereof for carrying out expenditure.

(d) To promote cultural activities for improving quality of life of the members. (e) To develop cordial, fraternal and harmonious relations between members and

encourage them to solve their problems through mutual discussion. (f) To do all such other things as may be deemed incidental and conducive to the

attainment of the foregoing objectives. (g) To organize camps to increase awareness regarding fatal diseases, health check-

up, blood donation, fire fighting devices etc. (h) To frame rules and regulations from time to time as may be deemed necessary

within the ambit of West Bengal Apartment Ownership Act 1972. (i) To raise funds for the Association as provided for in this Act and these bye-laws. (j) To constitute sub-committees for general and specific purpose to assist in the

efficient discharge of its function under the Act and the bye-laws

Page 4 of 18

(k) To provide proper maintenance of accounts (l) To provide for and do any other thing for the administration of the property.

3)The annual general meeting of the Association shall be held in the month of May / June every year.

4) The business of the annual general meeting of the Association shall be- a) to consider the annual report of the association.

b) to consider the audit report and the audited annual financial statement of accounts;

c) to consider and approve the annual budget for the next financial year including determination and assessment of yearly contribution to be made in the next financial year by each apartment owner towards common expenses.

d) to elect members of the Executive Committee from among the apartment owners to fill up the resultant vacancies.

e) to transact any other business that may be laid before the meeting by the Executive Committee or to be considered by the annual general meeting, to be necessary for the administration of the property.

5) On requisition of one-third members of the Association , special general meeting may be held as often as may be necessary.

6) A notice of a General Meeting including an annual general meeting stating the venue, date and hour of the meeting together with a list of business / agenda to be discussedshall be sent to every member at least seven clear days before the date of meeting .

7) The general meeting shall be presided over by the President and in his absence ,Vice President will preside.In absence of both President and Vice President,the secretary will preside.

8) The quorum for a general meeting shall one-fifth of the total numbers of the members of the association.

9) a) All questions which may come up before any general meeting shall be decided by a majority of the members present and voting ,and in the event of equality of votes, the President or in his absence ,the member presiding shall have and exercise a second or casting vote. Voting shall be by show of hands. Every decision shall be taken in the form of resolution and the decision of the general meeting shall be binding on the Executive Committee and on the members of the Association.

b) Votes shall be cast in person.

10) If within half an hour from the time fixed for the meeting there is no quorum, the meeting shall stand adjourned ordinarily to the same day on the next week to be held at the same place and time. The fact of the adjournment shall be notified at the office of the Association or at any other conspicuous place within the compound.

Provided that no quorum shall be necessary at any adjourned meeting.

11) Minutes of proceeding of the general meeting to be recorded in a book kept for the purpose. The minutes are to be drawn up by the Secretary and shall be signed by the person presiding over the meeting, on the completion of the meeting or as early thereafter as possible.

12) Observe other rules or procedure in regard to the transaction of its business in a general meeting as may be determined by members in consistent with bye-laws.

Page 5 of 18

5.(Corres 5) Constitution of Executive Committee:

1) There shall be a Executive Committee of the Association to carry on and manage the affairs and business of the Association and to exercise all such power of the Association as are not required to be exercised by the Association in a general meeting.

The number of members of the Executive Committee will be 12 (Twelve) who will be elected in special General Meeting by secret ballot in such manner as may be decided .

The election is to be conducted in such a manner that each block (i.e bocks G,H,I,J,K,L)will be represented by at least one member in the executive committee .

2)Formation/election of Members of Executive Committee from initial period

In general meeting, President or the member presiding over the meeting shall nominate an Election officer and serve a notice to each apartment owner fixing a date for a special general meeting which will be held for final election of Members of Executive Committee.

Name of Apartment owner who wants to be candidate for election will have to be proposed by one apartment owner and seconded by another apartment owner in one page slip. All maintenance fund dues in respect of candidate, proposer and secondershould have been cleared,otherwise the above proposal will stand rejected. Considering all these nominations received, the Election Officer will prepare the ballot paper.

Since 12 candidates will be finally elected as Members of Executive committee, each apartment owner will cast as many as 12 votes indicating 12 candidates from the ballot paper. These ballot papers will be submitted to Election officer on the date of Special General Meeting.

Election officer on receipt of voting papers will prepare a list starting from the candidate who secured maximum no. of votes .The votes secured by top 12 candidates of the list, if each block is represented by at least one candidate, then these 12 candidates will be declared elected as Members of Executive Committee as. However, if one or more Block is not represented in the list of top 12 Members ,then next member from Sl no 13 downwards will be considered elected to the Executive Committee to represent his block and corresponding number of Members from bottom of the list of top 12 Members will be deleted to form final list. This will ensure that in the 12 members of the Executive Committee, representatives from each block(i.e. G.H,I,J,K,L) are available. After members of Executive Committee are elected, the executive committee will held its first meeting to elect President and other office bearers from the members who are regularly residing in Rail Vihar New Town. The tenure of these office bearers will be one year. The office bearers will be President, Vice-President, Secretary, Assistant Secretary, Treasurer.

The tenure of each Member of Executive committee shall be three years, but one third i.e 4 Members will retire every year. To regulate this system, lottery will be conducted as to who will retire after completion of first year and second year. So after one year, there will be an election for electing 4 Members of Executive Committee. However, it will have to be ensured that in the new executive committee formed after one year, each block should have a minimum representation of one member in the 12 member committee. Members who will retire can stand for fresh election.

Each year, after election of one-third Members of Executive Committee ,the President and other office bearers will be elected. But any outgoing office bearer may be re-elected by the Executive Committee. The office bearers will be President, Vice-President, Secretary, Assistant Secretary, Treasurer. If a member of the Executive Committee does not attend 3 consecutive meetings , his membership of the Executive Committee may be terminated and the Executive Committee

Page 6 of 18

may co-opt another member of the Association for the remaining term i.e till the next election.

Any vacancy arising in the Executive Committee for any reason,shall be filled by co-opting a member of the Association in the same way as indicated above, for the remaining tenure of the Executive Committee i.e. till the next election.

3)(corres 14)Constitution of Sub-Committee: The Executive Committee may, from time to time, constitute, if necessary, sub-committee from amongst its Members and other apartment owners for general and specific purpose to assist the Executive Committee. All sub-committees will be headed by a member of the Executive Committee.

6.(corres 6)Meeting of the Executive Committee

(a) The Executive Committee shall meet at least once a month.

(b) The Executive Committee shall meet on such date, at such time and place and

after giving such notice and shall observe such rules or procedure in regard to

the transaction of its business at its meeting as may be determined by such

Committee.

(c) The meeting shall be presided over by the President, in his absence by the Vice

President and in absence of both,by the Secretary of the Association.

(d) On the written requisition of at least one-third of Members of the Committee,

special meeting of the Committee may be held after serving clear three days’

written notice to each Member, stating therein the date, place, time and purpose

of the meeting.

(e) No business shall be transacted at a meeting of a Committee unless one-third of

its Executive Members are present i.e. a minimum of 4 members should be

present.

(f) All questions which come up before any meeting of the Committee shall be

decided by a majority of votes of the Members present , and in the event of

equality of votes, the President and in his absence the Member presiding, shall

have and exercise a second or casting vote.

(g) The minutes of all the meetings of the Committee shall be recorded by the

Secretary and duly signed by the President or the Member presiding over the

meeting, as the case may be.

7.(corres 8) Removal of Members of Executive Committee-

(a) The President, Vice President, Secretary, Assistant secretary, Treasurer or any other

elected member may be removed from office at any special general meeting of the

Association, by vote of majority of the apartment owners present in the meeting. The

Executive Committee will co-opt another member of the association in case of removal

of any member of the executive committee.The co-opted member will remain in the

Executive Committee till the next election.

(b) Provided that any member of the Executive Committee whose removal has been

proposed ,shall be given an opportunity of being heard at the meeting specially

convened for the purpose

(c) Any casual vacancy of the office bearers of the Executive Committee which may occour

by resignation/transfer/death or any other reason shall be filled from amongst the

remaining Executive Committee members within six weeks from the date of vacancy.

Page 7 of 18

8. Community Centre:- (i) IRWO has provided Community Center for social activities of dwellers/residents of 432 Flats

of both Phase III A and Phase III B of Rail Vihar, New Town.

(ii) The management of the Community Centre will be as follows:

A Sub-committee of two members each from the Executive Committee of Association of Phase IIIA and Phase III B will manage and maintain the Community Center. This sub-committee will be custodian of Community Hall with all belongings. Tenure of this sub-committee will be co-terminus with the tenure of the main Executive Body elected during Annual General Meeting (AGM). The new committee will be formed during the first Executive Committee meeting after the AGM

(iii) All expenditure related to maintenance/development of Community Center will be borne

equally by both the Association of Phase III A and Phase III B.

(iv) A savings Bank account in the name of “Rail Vihar Community Centre” will be opened in a

local scheduled bank and will be operated by any two members i.e. one member from Phase

III‘A’ and one member from Phase III ‘B’ as mentioned at Para (ii) above

(v) Community Hall may be used for social gathering, indoor games, library cum reading

room and holding social and religious function.

(vi) Residents/Dwellers of Rail Vihar will celebrate Durga Puja, Kali Puja, Saraswati Puja,

Holy, Republic day, Independence Day, New-year eve or any other functions if

proposed by any of the Associations. For celebration of all these functions, separate

committee will be formed in a joint meeting of both the Associations.

(vii) A group of dwellers, irrespective of apartment owners or tenants of minimum 20

families may jointly organize and assemble for any social programme in the Community

Center provided it is available and agreed to by Sub-committee. Such social function

will be open to all dwellers of Rail Vihar and wide publicity should be made so that any

dweller can join. No booking charge will be levied.

(viii) Booking of community center:

(a) Community Center may be made available to individual dweller on hire basis to enable

him/her to perform ceremonies like marriage, social or religious programme etc. on first

come first serve basis.

� Such booking is restricted to members of a family i.e. spouse,children,parents .

� Residents may book the community centre maximum for three days subject to

availability

(i) The rate of service charge of the Community Center including electricity

charges, but excluding AC charges for 24 hrs will be different for owners and

tenants .These rates will be decided by the Sub-committee . AC will be

arranged by the person booking the community centre by his own resource.

ii) Part booking for small/mini programme may be done for 8 hrs , the rate of service charges for owner and tenant will be differenent which will be decided by Sub-committee

Community Center may be booked for use by other dependents/relatives of Members of Rail Vihar(other than spouse/children/parents) on higher rate. However, such bookings will be confirmed only 120 days ahead only to provide priority to dwellers of Rail Vihar as mentioned in para (a). The rate of service charges for owner and tenant will be separate which will be decided by Sub-committee.

(b) Community center may be booked for commercial use. The rate of service charge and other

conditions will be decided by sub-committee on case to case basis.

Page 8 of 18

(c) Other condition for booking of community center on service charge:

( i) No additional electric load connection of any kind will be allowed from the community

centre. For additional load for provision of ACs and decoration / illumination,the

dweller may hire/use Green Generator which should be kept outside the boundary

wall to avoid any kind of pollution inside the housing complex.

(ii) Cooking for the ceremonies / functions may be done only on the space (verandah)

provided on the Eastern side of the Community Hall.

(iii) Crackers in the Community center are strictly prohibited.

(iv) Music & sound system if used, should not emit more than 65 decible or as per

regulations imposed by civil authorities

(d) An electric sub-meter will be installed/provided exclusively for Community Center

(ix) The service charges received from the use of Community Center will be spent only for development / maintenance of Community Center.

9.1(corres 10) Power and duties of the Executive Committee

(1) Subject to the final authority of the Association in general meeting it shall be the duty of the Executive Committee to do all such acts and things and take all such steps as may be necessary for carrying out the purpose of this Act and the bye laws, and, it shall be directly responsible for the following.

(i) The Executive Committee shall take all necessary steps for carrying out the activities required to fulfil the objectives of the Association.

(ii) the care, up-keep, maintenance, repairs and replacement of the common areas and facilities including the limited common areas and facilities of the property.

(iii) the collection of money, including arrears, due from each apartment owner on account of payment towards common expenses;

(iv) the proper maintenance of the funds and accounts of the Association

(v) Open Bank accounts which will be jointly operated by any two of President/ Secretary/Treasurer.

(vi) Executive Committee is empowered to engage staff for office maintenance and functioning of (1) Security (2) Sanitation (3) Upkeep of garden /park (4) all electrical installations, lifts (5) Water supply (6) Record Keeping etc. etc. Cost of these staff shall be met from interest of Maintenance Fund and also from the additional maintenance Fund collected from the apartment owners.

(vii) The Executive Committee shall function from an earmarked office room in the Community Hall. All accounts books, records, membership registers, computer etc. shall be kept in the office room and shall be open for inspection by members of the Association at nominated hours;

(viii) The Executive Committee shall take all such steps and do all such acts to ensure safety, security and well-being of the members of Association within the ambit of Rules, Regulation and Byelaws of the Association.

(ix) Members of the Executive Committee shall be protected by Rail Vihar Apartment

Owners Association with costs for any action taken by them in good faith to

ensure well-being of the owners/tenants.

(2) Executive Committee, subject to any direction of the Association in general meeting shall-(i) receive and disburse money, sanction working expenses, ensure regular day-to-day maintenance of the cash book under the supervision of the Treasurer and make arrangement of verification of the cash balance;

Page 9 of 18

(ii) enter the accounts of the Association concerned in proper book timely and regularly, and take provisions for inspection thereof from time to time.

(iii) maintain the accounts of the money received and expended for and on behalf of the Association concerned and the accounts of the assets and the liabilities thereof;

(iv) prepare and place before the annual general meeting of the Association an annual report, an audited annual financial statement and annual budged estimate;

(v) prepare all statements, accounts and returns and comply with all other observations, as may be made by the auditor for the purpose of auditing the accounts of the Association;

(vi) remove and rectify all defects and irregularities pointed out at the audit;

(vii) convene a special general meeting of the Association on requisition as per bye-laws;

(viii) convene annual general meeting of the Association in due time;

(ix)realise and enforce realisation of all dues of the Association and meet all its liabilities;.

(x) enter into all such agreements and make all such arrangements as may be necessary for the proper and effective maintenance, repair and replacement of the common areas and facilities and make paymentstherefor;

(xi) institute, defend, or compound any legal proceedings for and against the Association or the property and for any offence of contravention or breach of any provision of the Act or the bye- laws;

(xii) improve the conditions of general welfare of the apartment owners, within the scope of the Act and the bye-laws;

(xiii) perform any other duty or discharge any other function as the Association in general meeting may direct under the Act and the bye-laws.

(3) Financial regulation in expenditure:(Financial power of President, Secretary)

a) Secretary can sanction upto Rs 5000/(five thousand) on proposal placed by an

executive member or by himself for one item/work without calling any quotation.

b) President can sanction upto Rs 10,000/-(ten thousand) for any item/work

withoutcalling any quotation.

c) Beyond 10,000/- (ten thousand) pre/post approval is to be obtained in meeting of

Executive Committee.

d) For statutory payments say toward payment of bill of Electricity, annual

maintenance charges for various services,contractual payments etc. –no prior

approval is required

9.2 Powers and Duties of the Office Bearers:-( in addition to collective duties as detailed in para 9.1 above)

A. President:-

a) The president shall be the Chief Executive of the association and shall preside over the meetings, functions etc.

b) He will generally supervise the work of the association, give orders at meetings and shall have the casting vote.

Page 10 of 18

c) He shall exercise the powers and perform such duties as are conferred or imposed on him by the act of these rules or as may be delegated to him by the Executive Committee from time to time.

d) He may direct any business to be brought before the Executive committee or any other subcommittee for consideration.

B. Vice President:-

The vice president shall assist president in all affairs of the association. In the absence of the president, he shall have all the powers of President including financial matters and perform the duties of president.

C.Secretary:-

Subject to the general supervision of the president and the Executive Committee, the secretary shall exercise and perform, in addition to the powers and duties specially assigned to him in these rules or by the Executive Committee, the following powers and duties namely:-

a) To convene meetings and arrange organization of the same and preparation of

minutes.

b) Being in-charge of the office of the association , managing it and attending to all

correspondences.

c) Maintenance of registers, document and forms as required by the act and these

rules.

d) Being in-charge of all the assets of the association.

e) Incurring all revenue expenditure within the limits sanctioned by the Executive

Committee.

f) Payments of the dues to the expenses and all other payments as sanctioned by

the Executive Committee.

g) Signing vakalatnamas on behalf of the association, appointing solicitors and

advocates and filing papers in courts on behalf of the association.

h) Signing and issuing circulars and notifications on behalf of the association.

i) Conveying of such information and particulars as he may consider necessary in

furtherance of the above duties.

j) He shall in all things act in the discharge of his duties under the direction and

control of the Executive Committee.

D. Asstt. Secretary: He will assist the secretary in the day to day working.Further,in the absence of the Secretary, the duties, responsibilities and powers of the Secretary, shall be performed by the Asstt Secretary .

E. Treasurer:-

To keep accounts in proper and perfect order, collection of contributions,dues from members or others, issue of receipts etc, preparation of accounts and balance sheets and get the accounts audited by the auditors appointed for the purpose. He shall keep the register of the members contributions, deposits, liabilities, Internal audit, stock and all the books relating to collection, deposits and outstanding liabilities required to be kept under the bye-laws of the association.He will also make all disbursements under the order of the Executive Committe and keep accountal thereof.

Page 11 of 18

Creation of an imprest Account:-To defray expenses of day-to-day maintenance, the Association may create and maintain an imprest Account . The modalities of creation of the Imprest Account and its operation will be decided by the Executive Committee.The treasurer will be the imprest holder.

10. Office of Association:-

Executive committee may, subject to the approval of the Competent Authority, set up its office at such a place or places, as it may think suitable.

11. ( corres 16)Budget and supplementary estimate:-

The Executive Committee shall, before the 1st day of May each year, cause to be prepared and submitted before the annual general meeting of the Association a budget estimate showing in details anticipated income and expenditure of the Association under different heads in the next financial year and the annual general meeting of the Association shall consider and approve the budget with such additions, alterations or modifications, if any, as it may deem fit.

Provided that in the financial year in which an Association is formed and its Executive Body is constituted, a budget estimate for the year or part of the year, showing in details the anticipated income and expenditure of the Association under different heads including the assessment that may be levied by the Association on its members for payment towards common expenses and other receipts, if any, shall be prepared and submitted by the Executive Committee, within thirty days from the date of election of the President, Secretary and Treasurer, before a special meeting shall expeditiously consider and the approve the budget with such addition, alteration and modification, if any, as it may deem fit:

Provided further that the Executive Committee may at any time during the year and part of the year for which any budget estimate has been approved, cause a supplementary budget estimate, if necessary, to be prepared and submitted to a general meeting of the Association specially convened for the purpose for approval in the same manner as in the case of an original budget estimate.

12.ACCOUNTS AND AUDIT:-

12.1 (corres 17) Finance, Audit and Accounts:-

(1) The Association shall have a fund to be called the Apartments Owners Association Fund to which shall be credited- (a) All the dues of the Association, on account of any assessment or otherwise, collected from its members, (b) Any amount by way of advance, grant, donation, Interest on deposits, loan or otherwise, received or raised by the Association and. (c) Any other amount due, payable or made over to the Association.

(2) An account shall be opened in any Scheduled Bank, in the name of the aforesaid association and all the money of the said fund shall be deposited in the said bank to the credit of the aforesaid associationand the Bank account will be operated jointly by any two of the President or the Secretary or the Treasurer, and the payments above Rs. five thousandshall be made by cheques:

Provided that the Treasurer may, for defraying petty expenses, retain such amount of cash in his hand(Cash imprest) as the Executive Committee may decide.

(3) The funds of the Association may be invested to any of the securities in section 20 of the Indian Trust Act, 1882 (2 of 1882) or in any other manner approved by the Competent Authority.

Page 12 of 18

(4)(a) The Accounts of the aforesaid association shall be maintained in such manner, as may be directed by the Association and be audited within three months from the end of financial year.

(b) A copy of the audited accounts of the Association alongwith the auditor’s report thereon shall be expeditiously forwarded to the Competent Authority, and the said Authority shall have the power to issue directions to the Association from time to time with reference to such report and such directions shall be binding upon the Association.

(5)(a) An Association shall, as soon as may be, establish reserve fund out of the common profit if any;

(b) The reserve fund shall belong to the Association and be indivisible and no member shall have any claim to a share in it;

(c) The reserve fund may be used for any purpose that may be sanctioned by majority of the members of the Association, if the Competent Authority so permits;

(d) The reserve fund may be invested in any of the ways referred to in clause (3)

13.( corres 19)Publication of audited Annual Financial Statement:-

(a) Association shall on or before 31st day of July each year, publish an audited annual financial statement in respect of the preceding financial year inter alia (i) the details of its profit and loss account, (ii) its total receipts and expenditure (iii) a summary of the details of the property concerned, and (iv) the details of the assets and liabilities of such Association as they stand at the end of the financial year concerned;

(b) the audited annual financial statement shall be open to inspection by any member of the Association during office hours and a copy thereof shall be forwarded to the Competent Authority not later than the 15th day of August of each year;

(c) every audited annual financial statement shall be accompanied by complete list of apartment owners of the property concerned;

(d) A copy of last audited annual financial statement together with the reports of the auditors thereon shall be kept in a conspicuous place in the office of the Association.

14. Assessmentof Common expenses by Association and realisation thereof.

14.1( corres 20)Assessment of the share of common expenses:-

(a) Every apartment owner of the property shall be assessed with such sum, being his share of the common expenses for the year as may be determined by the Association concerned to defray the common expenses which may include an insurance premium and any repair and reconstruction work in case of hurricane, fire, earthquake or any other kind hazard or calamity. (b) The assessment in clause (a) shall be made pro rata according to the value of the apartment unit as specified in the Declaration in pursuance of the provision of clause (g) of sub-section (1) of section 10. (WB Apartment ownership Act 1972)

14.2.(corres 21)Payment of common expenses:-

Every apartment owner shall pay to the Treasurer the sum payable by him on account of the assessment made upon him by the Association concerned within such period and in such manner as the Association may direct and the Treasurer shall, on receiving such payment, issue receipt in respect thereof.

i) One time maintenance cost (Corpus) has been collected by IRWO from allottees

Page 13 of 18

before making over possession of the Flat. This principal amount shall be invested in a

Public Sector Bank. If fund collected through 14.1 aboveis not sufficient ,then Interest

income accrued from the abovementioned one time maintenance fundmay be utilised

foroperation and maintenance expenses of the Association. Any withdrawal of principal

amount(Corpus) for some specific purpose can be done after getting majority approval

in General Body meeting for the said purpose.

ii) Fund cannot be utilized for carrying out repairs etc. inside the dwelling units

except the common utilities like water supply system, drainage etc. which if left

unattended will affect the other members of the Block/Blocks. The decision of the

Executive Committee in this respect is final and binding.

iii) a) The association shall have a separate and exclusive saving / current bank account in a scheduled bank.

b) The Bank account will be operated jointly by any two of the President or the Secretary or the Treasurer

c) The resolution duly signed by the President shall be made available to the authorized bank for opening/operating the account. d) The funds of the Association shall be used exclusively to promote the objectives of the Association.

14.3.(corres 23)Preparation and publications of list of defaulters:-

At a meeting of the Executive Committee at the end of the month or a quarter, as the case may be, the position of realization of the sum assessed on account of common expenses shall be reviewed and a list of defaulters shall be prepared and displayed in a conspicuous place of the office of the Association with a notice for payment of the

arrears within fifteen days from the date of the notice. 14.4(corres 24)Steps to be taken for realization of arrears:

If the arrears be not paid within the period referred to in bye-laws 14.3, the next meeting of the Executive Committee will consider the case of the defaulters individually and will take such steps for realization, as may be considered necessary.

15.(Corres 25)Duties and Responsibilities of the Apartment Owners:

(i) All the repairs, required to be effected in respect of the doors, windows, internal installations (including sanitary installations) in connection with, or in relation to water, light, gas, power ,sewage, televisions, air-conditions, and all other kinds of accessories within the area of such apartment, shall be undertaken at the expenses of the owner of the apartment concerned.

(ii) The owner of an apartment shall reimburse the Association of any expenditure that may have been incurred by it for repairing or replacing anything pertaining to common areas and facilities, such repairing or replacing being required to be affected due to any damage caused by such apartment owner in respect of the common areas and facilities.

(iii) All apartment units, shall be utilized for residential purpose only and no apartment owner shall utilize them, or any portion thereof for non residential purpose.

(iv) Every member shall abide by rules, regulations, bye-laws of the Association and local bodies and the members of the Association shall exercise his/her rights till his/her membership ceases/suspended.

All apartment owners before taking possession of their flat has submitted

an undertaking duly executed on non-judicial stamp to IRWO .The items

indicated in this affidavit must be followed.

Page 14 of 18

(v) Every member shall have equal right to enjoy and share all common facilities, to

hear and be heard in all deliberations/meetings of the Association, participate in

all common social activities under the banner of the Association.

(vi) The members however, will have no exclusive right on common facilities like

staircase, passages, terrace, parks, roof top etc.

(vii) Encroachment upon common portion and services is prohibited. All such encroachments may be removed by the Association at his or her expense giving prior notice.

(viii) Members will not carry out any additions or alterations to the dwelling units without specific approval of the Association.

(ix) Owners are allowed to keep pets inside their flat. However, these pets should always be accompanied by the owner or his representative while taking it out of the flat.

(x) Member shall not cause damage to the structures, equipment, electrical installations etc.

(xi) Member shall not deny entry of the Association members or its officials for carrying out repairs and maintenance of the common facilities.

(xii) In case of leakages of water noticed outside any building due to natural wear and tear, the Association may get the leakage repaired after ascertaining the cause as part of maintenance.However,the association will not carryout any repair or maintenance inside any flat.Such repairs/maintenance will be done by the respective flat owners.

(xiii) Members are advised not to allow their premises to be used for any unauthorised/anti-social activities. For any such acts whether in the knowledge or without the knowledge of the apartment owner, the owner alone shall be held responsible and shall have to bear the entire liability.

(xiv) The members shall use the flat for sole purpose of their dwelling only. No member shall have right to carry out any kind of usage of his flat, which is prima facie of commercial nature.

(xv) Members may let out their Apartment on rent, only for dwelling purpose. They should obtain prior permission from the Association providing detailed information of the prospective tenant and also comply with other mandatory requirements as the Executive committee may fix from time to time. They should also abide by the rules of the administrative authorities of the State/local bodies or Police.

(xvi) For the flats let out on rent, the maintenance charge per annum will be 1.5 times of the rates for flats not let out .The Executive Committee may revise this if required. The tenant shall give an undertaking to abide by the norms and discipline for harmonious living in the complex. Selection of tenant should be for a family only. Letting out to group of males /females should be avoided. As per the Rules of IRWO, use of dwelling units should be for the sole purpose of dwelling only. Any commercial usage of the flat including its use as a Hostel, Guest House, carrying out tuition or coaching classes, chambers of doctor/lawyer/chartered accountants/beauty parlours or offices of any kind physiotherapy centre, massage centre, paying guest etc. would be deemed to be a violation of terms and conditions of Bye laws.

(xvii) Collection of subscription for religious and social function is mandatory from each flat whether the owner is staying or not. Tenant may subscribe in lieu of owner.

Page 15 of 18

(xviii) All apartment owners should see the website of Rail Vihar which is www.railviharnewtown.comfrom time to time to see updates and changes in Rules/regulations. Lack of awareness will not be acceptable as an excuse for any act of omission and commission.

16. DO’S & DON’TS IN THE COMPLEX

The residents of Rail Vihar,Phase-III B, are aware that this residential area comprises of 216 flats spread over 6 blocks(G,H,I,J,K,L) alongwith 216 flats of 6 blocks (A,B,C,D,E,F)of Phase IIIA. With so many families living together ,it calls for mutual co-operation and accommodative spirit. Based on the observations and suggestions of the residents a few do's and dont’s have been listed for observance by all the residents. Needless to say that these are not exhaustive, but are only illustrative, intended for the common good. The owners/ residents are requested to observe these do’s &dont’s in the right spirit and extend their co-operation in making our Rail Vihar an ideal place for living. (i) Lifts: (a) All residents should ensure that the fans and lights in the lifts are switched off, while not in use. (b) Utmost care should be taken in transporting any material to avoid any damage to the lift. (c) Do not allow children to play inside the lifts as it may lead to accident / getting stuck in the lifts. (d) Do not write , paste any paper or promo sticker etc. in the lifts.

(ii) Garbage (Dust Bin): (a) Garbage is to be handed over to the garbage collector to avoid foul smell in the

lobby. (b) Dustbin should not be kept outside the flat i.e. common area. c) Solid food materials are not to be put in the kitchen sink, as these may clog /choke the

drainage system thereby causing overflow of drainage water in the flats. (iii) Driving / Parking of Vehicles:

(a) This is a residential area where children and elderly people move about. Drive your vehicle slowly and very carefully. Vehicle speed within the complex must not exceed 10 kilometers per hour.

(b) Vehicles are to be parked in their respective designated stilt parking and not in the entrance or passage of the complex so that other vehicles can move without any hindrance.

(c )Washing of vehicles (Car/Motor Cycles) should be done at a place assigned.

To reduce the consumption of water in washing, buckets may be used.

(iv) Miscellaneous: (a) PVC pipes (Water and Sewerage lines) etc. are not to be used for tying ropes,

wires etc, for drying of clothes.

(b) Avoid smoking in the common areas, lawns, pathways etc. in view of health hazards.

(c) Exercise utmost care so as not to disturb the peace by making loud noise with musical instruments, radios, TVs, amplifiers and do not indulge in any activity which causes disturbance to others.

Page 16 of 18

(d) Do not keep the terrace doors open and they are to be properly closed /bolted without fail.

(e) Before locking the main door of your flat, please ensure that all the taps are closed. Any tap leakages is to be got rectified immediately by the owner.

(f) Cigarette butts, matchsticks, empty cigarette boxes, chocolate wrappers, empty covers of biscuit / chips packets and any other such materials are not to be thrown in lifts, parking areas, terraces, roads, pathways, gardens and other common areas of our complex.

17. REGULATIONS ON ENTRY OF VISITORS

In order to ensure security and safety of the residents, the following guidelines will be followed:

a) No stranger with unknown identity will be allowed to enter into the campus. b) No salesperson, Couriers, and canvasser will be allowed to enter inside the

campus without identity.

c) Visitors will be allowed to enter the campus with proper identification and confirmation from the residents.

d) Any outside vehicles will be subjected to Security Check at the Main Gate at the time of entry and exit.

e) Each Visitor has to enter the details [Name, Address, Telephone/Mobile

No./E-Mail ID (if available), Purpose of visit, Times of Entry and Exit] along with signature in the Security Register.

18. DOMESTIC STAFF & OTHER REGULAR VISITORS/VENDORS

(a). Apartment owners/residents are required to submit the identity details of their servants, drivers, cleaners, cooks and domestic workers etc. (henceforth to be referred as domestic staff) employed by them along with two photographs in a prescribed Form to the local police with a copy RVAOA for police verification purpose. Their entry into the Housing Complex would be denied , if objected by the local police station. (b). The names and other particulars of the servant, drivers, domestic staff, etc. employed by the residents, after police verification, should be provided by them to RVAOA. The RVAOA shall issue identity cards to them that must be carried by the domestic staff while entering into the Complex. On termination of the employment of any member of their domestic staff, it shall be the responsibility of the owner/ resident to inform to the office of the RVAOA.

( c) Maid servants, Car washers and other Service providers who enter the campus on regular basis will be issued Identity Cards which they have to deposit during Entry and collect back while going out. On receipt of complain against maid servants and car washers, entry permission of maid servants and car washers may be withdrawn and identity cards issued will be seized. (d ). The domestic staff is prohibited from using the common areas for recreation, assembly or sitting unless accompanied by the residents. Domestic staff will use only the areas earmarked for them in the Complex area.

(e). Regular Visitors and Vendors (Newspaper, Milk, Mineral Water, Gas Delivery Boy etc.), Electricians, Plumbers, Masons, Carpenters and other Service providers who enter the campus on regular basis will be issued Identity Cards which they will have to deposit during Entry and collect back while going out.

(f). Occasional Visitors (like Mechanic for any Installation/Commissioning, Service Personnel) will be allowed as Visitor.

Page 17 of 18

19.(corres 31)Restriction on certain acts:- No resident of any apartment owner shall-

(a) Post any advertisement or poster of any kind in or on the building comprised

in such property without permission of the Executive Committee concerned.

(b) make any noise or play musical instrument, radio, television or amplifier in

such high pitch, or do any work or thing, or act or conduct himself in such

way, that may reasonably cause irritation, annoyance or disturbance to any

other resident or residents;

(c) Hang cloth & garments from windows or balconies of his apartment causing

inconvenience or irritation or any annoyance to any other resident or

residents;

(d) throw garbage or refuse outside the dustbins provided within the common

service area;

(e) take up wiring for electrical and telephone installation, television antennae,

machines or air-conditioning units on the exterior of the property concerned

that protrudes through the walls or roof of that building except as authorized

by the Executive Committee.

20.(corres 26)Notification when structural additions or alterations, etc. of apartment are intended.-

(a) an apartment owner intending to make any structural additions or alterations in his apartment shall requestExecutive Committee concerned giving details thereof in writing, and the Executive Committee shall, after hearing the apartment owner concerned and making such enquiry as it may deem fit, either permit or refuse, within thirty days of the receipt of such additions of alteration. Where no intimation is received from the Executive Committee within the aforesaid period, the Executive Committee shall be deemed to have permitted structural additions or alterations sought to be made by the apartment owner.

(b) An apartment owner being aggrieved by the decision of a Executive Committee refusing structural additions or alterations in his apartment may, within thirty days from the date of such refusal or within such further period as the Association concerned may permit, appeal to the concerned Association which shall expeditiously dispose of the appeal. Provided that no order to prejudice of an apartment owner shall be made without giving an opportunity of being heard.

21.(corres 27)Encumbrance of apartment to be notified to the Executive Committee:-

An apartment owner who mortgages his apartment or otherwise encumbers it shall immediately notify the Executive Committee concerned the name and address of his mortgages or the details of the encumbrance, as the case may be.

22. (corres 28)Sale of Apartment to be notified to the Executive Committee:-

An apartment owner who sells or otherwise transfer his apartment shall immediately notify the Executive Committee of the fact stating the name of the purchaser or transferee and his address. Similarly the purchaser or transferee of the apartment shall immediately, apart from executing and registering an instrument in the form, (as provided in clause (ii) of sub-section (3) of section (4) of Apartment Ownership Act’1972) notify the Executive Committee about his ownership of the apartment in question. In this regards Para 28 of IRWO General Rules with latest amendment of this rule if any has also to be followed by both the seller and buyer.

A development fee as decided by Executive Committee is to be remitted by transferor as well as transferee to the association.

Page 18 of 18

23. (corres 29)Use of common Areas and Facilities:- The owner or occupier of an apartment shall not place or cause to be placed in

the lobbies, stair-ways, corridors, lifts and other areas and facilities, both common and restricted, any furniture, package or object of any kind, and such areas shall be used for no other purpose than for normal transit through them.

24.(corres 30)Right of entry into an apartment:- (a) The owner or occupier of an apartment and, in his absence, the oldest

member of his family present in the Apartment shall in case of any emergency originating in or threatening such apartment, grant the right of entry into such apartment to any officer, Member of the Executive Committee concerned or resident of the property concerned to enable him to take immediate suitable steps in the interest of safety, preservation or maintenance of the particular apartment, the neighbouring apartments or the entire property concerned.

(b) The owner or occupier of an apartment shall grant right of entry in the apartment to the owner of any other apartment of the property concerned or his representative for the purpose of installations, alterations or repairs of the common mechanical or electrical services of the property concerned.

(i) in ordinary cases, with sufficient notice and reasonable time and

(ii) in an emergent case, immediately.

25 MISCELLANEOUS:-

These by-law are mandatory and breach of any of these law by- laws by apartment owner is an offence punishable under sub-section (1) of section 16 A of the West Bengal Apartment Ownership act.

26 Grievances of members of Association: Members can raise grievances of any nature whatsoever at any material time, but said

grievances will not be considered for redressal until the owner clears all his outstanding dues. If the grievances are between two flat owners or other and purely of personal nature, efforts will be made to solve / redress mutually without involving Association .However, if they fail to resolve their personal differences,the Executive Committee may intervene.

27. Legal Jurisdiction: Any dispute(s) in connection with these by laws,Act /Rules

shall be applicable within the jurisdiction of a court in Kolkata only.

28. Rail Vihar Apartment Owners Association-III B, New Town Rajarhat will

exist as permanent body, and cannot be dissolved even by a majority decision.

29.(corres 33) Seal of the Association:- The Association shall have seals in the name of Association and also for president, Vice-President, Secretary, and Treasurer of the association which shall remain in the custody of the Secretary and shall be used only under the authority of the Association. The Association shall have common letter pad for all correspondences and to be used under the signature of President or Secretary or Treasurer.

These Bye-laws of Rail Vihar Apartment Owners Association-III B ,Rail Vihar (Gate No.2) New Town, Rajarhat, Kolkata- 700 156 is affirmed in general meeting held on 11.03.2017.

Sd/-

Date-11.03.2017, (H. C. Joshi) Kolkata Apartment Owner presiding over General Meeting New Town, Rajarhat, Kolkata-700156