Bye-laws - English Version 3

Chapter XIII — Transitional Provisions (First Committee)

Proposed new chapter: Temporary provisions for the formation period, placed before the General Body for decision. Once the first regular Committee takes office, this chapter ceases to operate except Clauses 50 and 54.

50. Financial Year

The financial year of the Society shall run from 1 April to 31 March. Accounts, budgets, audit and the term of every Management Committee shall follow the financial year.

51. First (Interim) Management Committee

(1) The first Management Committee shall be constituted by the General Body from members who have given written consent to serve.

(2) It shall hold office from the date of its constitution until 31 March 2027 and shall then stand dissolved, irrespective of the date on which it was constituted or the date on which the builder hands over maintenance.

(3) A vacancy arising during this period may be filled by the Committee from eligible members, subject to ratification at the next General Body meeting.

(4) The first Committee shall not enter into any contract or commitment extending beyond 31 March 2027 without prior approval of the General Body.

52. Functions of the First Committee

(1) Register the Society and complete all filings with the Registrar of Firms, Societies and Chits, Uttar Pradesh.

(2) Take over maintenance, records, funds, deposits, documents, keys and common-area assets from the builder against a signed inventory, whenever the handover takes place during the year.

(3) Complete member KYC, the Register of Members and the verified parking register.

(4) Open the Society's bank account and maintain audit-ready accounts from the date of handover.

(5) Prepare the voters' list and conduct the first regular election under Clause 53.

53. First Regular Election

(1) The election of the regular Management Committee shall be completed in the first half of March 2027, following the election procedure in these Bye-laws.

(2) The elected Committee shall take office on 1 April 2027. Thereafter, elections shall be held each March, before the outgoing Committee's term ends on 31 March.

(3) The outgoing Committee shall hand over all records, accounts, funds and assets to the incoming Committee on 1 April against a signed handover inventory.

54. Annual External Audit

(1) The accounts of the Society shall be audited every financial year by an independent Chartered Accountant appointed by the General Body, who shall not be a member of the Society or a relative of any member of the Management Committee.

(2) The audited accounts and the auditor’s report shall be circulated to all members and placed before the Annual General Meeting.

(3) All books of account, vouchers, bank statements and payment records shall be open to inspection by every member, in the office and through the members-only section of the Society’s website, so that every member can check the accounts.

55. Cessation of Transitional Provisions

Clauses 51, 52 and 53 shall cease to have effect once the regular Committee takes office on 1 April 2027.

56. Election Contribution

Each candidate nominated for an office-bearer post shall, at the time of filing nomination, pay a contribution of ₹1,000 to the Society. This contribution is non-refundable and shall be credited to the Society fund regardless of the result of the election.

57. Interim Collection Account (Pre-Registration)

(1) If the builder discontinues interim maintenance before the Society is registered, the first Management Committee shall open a dedicated bank account, operated jointly by at least two of the President, Secretary and Treasurer, to receive members' quarterly maintenance contributions as trustees for the flat owners pending registration. The Committee shall continue to pursue registration of the Society without delay while this account is in operation.

(2) Every receipt into this account shall be recorded in a register open to inspection by any member, and a receipt shall be issued for each payment.

(3) On registration of the Society, the entire balance in this account, together with the complete register of receipts, shall be transferred to the Society's own bank account and reported to the first Annual General Meeting as part of the first audited accounts.

Appendix - Member Feedback Register

This appendix records feedback received for General Body consideration. “Incorporated” means included in this draft; it does not mean finally adopted until the General Body records that decision.

Flat 304 and Flat 301 (Agarwal ji and Gupta ji) - General drafting inputs

• Proposed: Revisions R1–R12 — community use of common areas, competent authorities, corridor items, emergency access, mortgage register, due date, online access to accounts, insurance, online ballot, one unit one vote and Management Committee safeguards.
• Proposed: Chapter XIII transitional provisions — first committee until 31 March 2027, financial-year alignment and March elections.
• Proposed: Annual external audit by an independent Chartered Accountant, with accounts open to every member (Clause 54).
• Incorporated: Clause 1 Short Title wording.
• Incorporated: Clause 2 Application wording.
• Incorporated: Clause 3 society address.
• Incorporated: Clause 4(2) commencement from registration.
• For consideration: use “General Body” consistently in place of “General House”.
• For consideration: safeguards on changes to office-bearer powers, grievance timelines, accounts-copy access, fidelity cover, common-area disclosure and solar/common-area use.

• Proposed: Rs 1,000 non-refundable election contribution from each candidate at nomination, credited to the Society fund (Clause 56).

Flat 509 (Awadhesh Nigam) - Builder reminder letter

• Incorporated: Send the builder reminder by Registered Post; separate the Society-office NOC, common-area disclosure and roof-waterproofing items under a "New and Urgent Matters" heading; expand the NOC point to explain why it blocks registration; add a closing paragraph asking for urgent, effective action.

Robin Gupta - Flat 308

• Sinking Fund at 10% of monthly maintenance, held in fixed deposit and released for major items by a two-thirds decision.
• One flat, one parking space; another member should not use an empty recorded space without written permission.
• Pet leash and common-area cleanliness requirements.
• Tenant-disturbance provision, terrace-income options, water/generator timing, CCTV retention and women-resident footage requests.

Niraj Dubey - Flat 506

• Transfer Fee linked to flat size.
• Audit report timing and distribution to members.
• Vendor-rate discussion, society-issued vendor ID cards, and simplified decisions for national days/annual community dinner.
• Verification of open-parking reallocation against the formally recorded plan.

Sujata Sarkar - Flat 405

• Terminology review against the UP Apartment Act Model Bye-laws, including Short Title, Application, Commencement, General Body, Special Meeting terminology and competent-authority references.

Krishna Kumar Singh - Flat 404

• Share monthly and vendor-wise expenditure before a revised maintenance rate is decided.

General member feedback

• Solar panels for common-area load and a society-approved safety/layout process for any individual installation.
• Disclosure of past and ongoing arrangements concerning NHAI land and other common areas, with future discussions routed through the Society.

Appendix B - Competent Authorities

Where these Bye-laws refer to the Competent Authority, it means the authority responsible for that subject:

Note: This list should be confirmed by the Society’s legal adviser before adoption.