Bye Laws

MEMORANDUM OF ASSOCIATION
(Under Section 6 (1) of the Tamil Nadu Societies Registration Act 1975)
(Registered under Section 3 (1) of the Tamil Nadu Societies Registration Act 1975)
As amended on 26th june 2016

1. Name: "REMA RAINBOW VALLEY RESIDENTS AND PLOT OWNERS ASSOCIATION".
2. Date of Commencement : 17 January 2003.
3. Registered in The State of Tamil Nadu, Dharmapuri District.
4. (a) Registered office: The registered office of the Association shall be situated at ‘Rema Rainbow Valley’, Pancheswaram Village, Hosur-Denkanikotta Road, Denkanikotta Taluk, Dharmapuri District, Tamil Nadu, for the time being. It may be shifted to such other place or places as may be determined by the General Body. The General Body may also decide to open any branch or branches at such place or places as it may decide.

(b) All communications and notices may be addressed to the registered office of the Association.
5. All persons who are owners of plots and /or persons who have constructed units on the plots within the RRV shall become and shall be deemed to be members of the Association
6. Aims & Objectives:

The main objective of the Association shall be :

i) To act as the Association of all the Residents residing or owning farm house plots within Rema Rainbow Valley situated at Pancheswaram Village, Hosur-Denkanikotta Road, Denkanikotta Taluk, Dharmapuri District, Tamil Nadu in all matters concerning them and especially in the matters relating to civic amenities and provision of facilities to ensure a better and more congenial environment for the inhabitants.

ii) To provide for the welfare and common interest of the members of the Association comprising all the individual owners of different plot / farm house units constituted within the aforesaid Rema Rainbow Valley.

iii) To organize, promote and provide for social amenities, recreation, ecological, horticultural and farm house developments, literary and cultural activities, social welfare measures, to promote charitable and welfare measures by adopting neighbouring villages and to provide for any other social and cultural obligation as the Association may think fit and to subscribe or contribute and assist in any other charitable, benevolent social cause and also to provide social support through schools and orphanages, stipends, scholarships, library and reading rooms, medical relief and such other assistance to the poor and underprivileged.

iv) To promote, administer, manage, organize and control all activities connected with the common welfare and betterment of the members including and consisting of all common facilities present and to be created in future .

v) The promotion of conservation and proper use of natural resources and rural infrastructure like soil, water, forest and such other ecological resources etc.

vi) To do such other things as may be considered incidental, necessary or conducive to the fulfillment and realization of these objectives or any other objectives that the members may feel necessary.

vii) To conduct and organize educational and other social awareness programmes in and around the villages situated in the surrounding areas.

viii) To frame rules & regulations and bye laws with the approval of the General Body of the Association and any amendments thereof as the exigencies may require for effective and efficient management of the affairs of the Association.

ix) In carrying out these activities and objectives and the affairs of the Association effectively, to liaise, share and collaborate with other similar organizations with similar objectives elsewhere.

The objectives set forth in each of the above clauses of paragraph 6 shall be construed with the widest possible connotation and construction and shall in no way be limited or restricted in its application for giving effect to the common intent and objectives of the Association.

7. The association may, by a special resolution amend the provisions of this memorandum.
8. The income of the Association shall be used for the purposes of its objectives and shall not be distributed amongst the members.
9. The management and control of the affairs of the Association and of its branches shall be carried out in accordance with the Bye Laws framed and as amended from time to time.
The rules of the Association, Management and Control of its affairs are entrusted to the Executive Committee. The everyday working of the association and the rights and responsibilities of members are detailed in the Rules framed for this purpose by the said Committee as modified from time to time and called RRV rules.
The names and addresses of the subscribers to this Memorandum of Association are given below:
NameAddressAgeOccupationSignature
1
2
3
4
5
6
7
WITNESS:

BYE LAWS OF REMA RAINBOW VALLEY RESIDENTS AND PLOT OWNERS ASSOCIATION
(Under Section (6) 2 of Tamil Nadu Societies Act 1975.)
As amended on 26th june 2016

1. The Name of the Association: The Association shall be called Rema Rainbow Valley Residents and Plot Owners Association. (RRVRPOA).
2. Address of the registered office of the Association : The registered office of the Association shall be situated at ‘Rema Rainbow Valley’, Pancheswaram Village, Hosur-Denkanikotta Road, Denkanikotta Taluk, Dharmapuri District, Tamil Nadu for the time being. It may be shifted to such other place or places as may be determined by the General Body. The jurisdictional Registrar is the District Registrar, Krishnagiri, Dharmapuri Revenue District, Tamil Nadu.
3. Date of Formation of the Association: The resolution to form the Association was passed on 17 January 2003.
4. Business hours: The business hours of the Association shall be between 10 am and 4 pm.
5. These bye-laws are meant to be followed by all the Members of the Association.
6. DEFINITIONS:

a. "Act" and "Rules' mean the Tamil Nadu Societies Registration Act 1975 and the Tamil Nadu Societies Registration Rules 1978.

b. " Association" means the Association constituted by the RRV Plot Owners and /or persons who have constructed on their plots within RRV.

c. "Committee" / ‘’Executive Committee’’ means the governing body comprising of owners of the Plots/ Residential Units to whom the management of the affairs of the Association shall be entrusted elected by the General Body.

d. “Member” means any person who is the owner of one or more of the plots and/or persons who have constructed on the plots of Rema Rainbow Valley. However the promoters, Rema Country Holdings will be treated as a special member with special rights as detailed below alone.

e. " Family Member" means Husband/ wife/ sons/ daughters and parents of the Plot /Residential unit Owner.

f. "General Body" means the sum total of all the Plot Owners and or persons who have constructed on the plots within RRV and whose names are found in the register maintained for this purpose by the Association.

g. "Owner" means the person owning a Plot/s or who has constructed on the plots within RRV and in case of composite ownership, the first named person in the relevant document of ownership or anyone of them on their joint declaration.

h. "Property" means all movable property including but not limited to the amounts lying in and belonging to the Association in banks, post offices, securities of the Govt. furniture, fixtures and equipments lying in the common areas and facilities within the RRV as also the immovable properties such as the various common areas, roads, set backs, compound walls, community halls and facilities and other areas not specifically purchased by or belonging individually to any of the members within RRV.

i. "RRV Rules" means Regulations, restrictions, responsibilities and duties to be followed by a Member/ Resident authorized by a Member, which are framed by the General Body and amended by the Executive Committee from time to time.

j. "Section" means section of the Tamil Nadu Societies Registration Act 1975. k. "Registrar" means the District Registrar, Krishnagiri, Tamil Nadu.

l. "Year" means the financial year starting on 1st April and ending on 31st March of the subsequent year.

m. "Office bearers" means President, Secretary, Treasurer and other members of the Committee elected by the General Body to manage and execute the day to day affairs of the Association.

n. " Annual General Meeting" means a meeting of the General Body held once in every financial year to transact various business and elect the new executive committee as provided under the Bye-laws. o. " Extraordinary Meeting" means a meeting of General Body convened by the Committee to discuss and decide about special agenda as provided under the Bye-laws.

p. "Maintenance Charges" means charges collected from all the members of the Association as decided by the General Body which is required to meet the expenditure required for the maintenance and upkeep of RRV and for any other services provided by the Association.

q. "Special Resolution" means a resolution passed by a majority of not less than three fourths of the members of the Association as are present in person or by proxy at the General Meeting of which a notice of not less than one month specifying the intention to propose the resolution as a special resolution has been duly given. Provided that if all the members entitled to vote at any such meeting so agree, a resolution may be passed as a special resolution at a meeting of which a notice of less than one month has been given.
7. Words and Expressions not defined herein shall have the meaning assigned to it in the Act.
8. The Objectives of the Association shall be as described in Clause 6 of the Memorandum of Association.
9. The activities of the Association shall cover the entire Rema Rainbow Valley including but not limited to the plots, houses constructed on the plots, the common areas facilities and amenities provided or to be provided therein and extending to all areas where the Association desires to carry on its activities and also including the adjoining villages such as Pancheswaram, Thandarai, in particular and within the limits of Denkanikotta and Hosur Taluks in Dharmapuri District.
10. Subject to the other provisions of these Rules and RRV rules , every member and the family of such member shall be entitled to use the common facilities of the Association.
11. Every member shall have one vote to exercise his/her rights in all meetings irrespective of the number of plots and or residential units constructed by the member.
12. Every member not personally present at any such meeting may authorize any other person in writing to exercise his / her vote by proxy. A tenant in occupation of the members unit may also take part or represent the member as proxy by authorization of the owner in all meetings of the General Body for such periods as the authorization is delegated and such a vote shall take effect as if it has been caused by the member himself/ herself. Such authorization shall be addressed to the President or the Secretary of the Association.
13. The contribution made by the individual members for the development of the common amenities received at the time of purchase/ allotment of individual units shall be the contribution of such members towards the common amenities and any further contributions as and when approved by the General Body will have to be paid by the Members.
14. Every member shall pay a Membership Fee of Rs.500/- In addition every member shall pay annual maintenance contributions towards meeting the costs of activities connected with the objectives of the Association as fixed by the General Body . This payment may be made by cash/ cheque/ online transfer and a receipt obtained for the same.
However, Rema Country Holdings, as a special member will pay only the membership fee and a maintenance contribution due on a single plot alone irrespective of the number of plots it owns, starting from the year in which all disputes had been settled by an Agreement made for this purpose. Rema Country Holdings will however ensure that all current and future buyers of currently unsold plots will join the Association and pay annual maintenance contributions starting from the financial year in which the said Agreement came into effect. The maintenance contributions shall be decided at the Annual General Body Meeting each year.
15. A person automatically becomes a member in the Association immediately on the purchase of a Plot/ Residential unit in Rema Rainbow Valley and a member ceases to be a member on the transfer/ assignment/ conveyance of his/her unit to any other person.
16. A member defaulting in making his/her contribution towards the maintenance fee for a period of more than two months from the date determined by the Committee shall become liable to pay interest at rates fixed by the Committee but not exceeding 15 % per annum and pending payment the member and his family shall not be entitled to the use of the common amenities and facilities and such outstanding charges shall be a first charge on his plot/residential unit . Such defaulting members shall also not be entitled to obtain an "NOC" from the Association for the transfer of their plot/ residential unit which shall be mandatory for the transfer/lease etc of the plot/residential unit within RRV.
17. Every Member shall abide by the bye-laws of the Association and RRV rules in force and work for the promotion of the objectives of the Association and shall at no cost act against the principles and interests of the Association.
18. The Register of members shall be maintained in the office of the Association wherein the name, address, age, occupation of each member shall be recorded and the same shall be open for inspection of any member free of charge during business hours and any member may make extracts there from.
GENERAL RULES
19. A transfer fee, as fixed by the GB , shall be paid to the association in the event of any member selling / transferring his / her plot / farm house unit. The amount of this fee shall not exceed 1% of the guidance value fixed by the Sub Registrar’s office for the survey number in question. The transfer fee shall be recovered from the buyer of the plot prior to the issuance of a NO OBJECTION certificate.
20. All proposed structures within the boundaries of RRV should meet the conditions laid down by the Executive Committee and the RRV rules and have the prior written approval of the executive committee of the association. No buildings / cottages / farm houses/ shall exceed ground plus one floor. It is recommended that all boundries between plots be demarcated by ‘’ live ‘’hedges or by barbed wire on which creepers / hedges may be grown . Concrete walls between plots are to be avoided. However if the plot holder strongly feels the need for a wall such walls shall not exceed 1 metre in height.
All cottages/farm houses, irrespective of size, must have rain water harvesting and grey water harvesting systems and all houses should compost bio degradable waste within their property and remove, from REMA, non biodegradable waste and dispose of it responsibly, in an area that is serviced by some municipality (like Bangalore/Hosur/ Electronics City etc)
21. All commercial activities of any kind are prohibited within RRV.
22. Pollution by way of excessive sound /indiscriminate disposal of garbage/ other activities liable to cause a nuisance to fellow members should be avoided. The executive committee will initiate immediate action if necessary against defaulters. Sound pollution by way of loud music/ fire crackers or any sound that is disturbing to the neighbouring homes/plot owners must be within limits and with the prior approval of the neighbours,
23. All taxes levied against any individual plot/farm house unit shall be the sole liability of the plot owner.
24. To ensure the security and safety of all concerned, no person will be allowed entry into RRV except with the prior permission of the plot owners . The names and addresses of all domestic help and other regular visitors to any plot/farm house unit should be registered with the association by the respective member.
25. Members will ensure that all common areas in RRV shall remain vacant at all times and not obstructed or hindered. No member shall be entitled to any exclusive right in any such common area. The executive committee shall take immediate and suitable action to clear any instance of unauthorized use of the common areas by a member. Any loss or damage resulting from such unauthorized use by a member shall be compensated by the member.
26. No member shall tamper with or tap the electricity and water lines. All connections will have to be approved by the committee.
ADMINSTRATIVE ORGANS OF THE ASSOCIATION
27. The affairs of the Association shall be entrusted to and carried out by the General Body comprising all the members. The ultimate and final authority on all matters relating to the administration of the Association shall vest in the General Body.
28. The General Body shall elect an “Executive Committee” which shall henceforth be referred to as the Committee to carry out general day-to-day administration of the affairs of the association and to represent the Association. Rema Country Holdings shall have the right to appoint a single representative to advise the Committee."
GENERAL BODY MEETING
29. The General Body Meetings shall be mandatorily held at least once in a financial year or as found necessary by the Committee.One such General Body Meeting shall be held at the latest by 30th September each year.
30. (a) Any Extraordinary Meeting may be called by the President or in his absence by the Secretary on receipt of a written notice by not less than 10% of bona fide members or their authorized representatives addressed to the President giving reasons for calling such meetings. It will be mandatory for the President or in his absence the Secretary to cause such a meeting within one month from the date of receipt of such notice/requisition.

(b) If an extraordinary meeting is not called in accordance with such requisition, the requisitionists may call the meeting themselves.

(c) The Special Resolution passed in any such meeting shall be filed with the Registrar within three months.
31. (a) At least 21 days notice shall ordinarily be given to members or the Executive Committee before the Annual Meeting is convened. Notice given to the duly authorized representative nominated by a member shall be deemed as notice given to the member.
(b) The notice may be sent in any of the following modes:
(i) local delivery
(ii) post
(iii) circulation among members
(iv) publication
(v) email
(vi) courier
32. The quorum for a Annual General Meeting shall be 1/5th of the total number of members whose names are found in the Register of Members. If within 30 minutes of the time fixed for the meeting the quorum is not present then and in such event the members or their duly authorised representatives present in person shall constitute the quorum and shall be entitled to take all decisions of the General Body. Such of the members who are not in a position to attend the General Body Meeting personally can vote by proxy subject to restrictions in Para 9 above by authorizing their representative by a written authorization and only thereafter they shall take part in the General Body Meeting and shall have the right to exercise their franchise.
33. The Annual General Meeting shall be held at Rema Rainbow Valley or at the Registered office of the Association or any other convenient place the Committee decides from time to time.
34. The President or in his absence the Secretary shall preside at the Annual General Meeting. In the absence of both, the members present may chose as Chairman one from among themselves to preside over the meeting.
35. Every issue at the Annual General Meeting shall be decided by voting among the members present or their duly authorized representatives. In the event of equal division in voting, the presiding officer shall have a casting vote. The voting shall be by show of hands.
36. The Following matters shall be dealt with exclusively by the General Body.
i) Consideration and passing of Annual Accounts.
ii) Appointment of Auditors.
iii) Election and/or removal of the members of the Committee.
iv) Amendment and repeal of the Bye Laws, rules and regulations of the Association.
v) Disciplinary action against any member for violation of the Rules and Regulations of the Association or Acts in any way adverse or detrimental or against the interest of the Association.
vi) Legal action, suits etc., considered necessary in the protection of the common properties and assets or activities of the Association.
vii) Fixing of maintenance fee, subscriptions or contributions.
viii) All matters pertaining to the assets/ properties of the Association.

Resolution relating to items i, ii, iii, vi) vii), will be decided on the basis of a simple majority and those relating to items iv, v, viii all require a 2/3 rd majority of the members present. All decisions shall be binding on all the members.
EXECUTIVE COMMITTEE
37. The General Body of the Association shall elect the Committee comprising a minimum of 7 persons but not exceeding 11 ( excluding the representative of RCH) from among the members of the Association. The candidates for election should be proposed and seconded by a member of the association and such election shall be by show of hands. A fully paid up member of the association or spouse of such member is entiltled to stand for election and be appointed to the Committee.

The committee so elected at its first meeting shall elect from amongst themselves the following :
i) President.
ii) Secretary
iii) Treasurer
The voting of the Committee shall be by a show of hands or secret ballot as determined by the Committee
38.(a) The order of business at all meetings shall be as follows:
i. Roll call.
ii. Proof of notice of meeting.
iii. Reading and approval of minutes of previous meeting proposed and seconded by members .
iv. Consideration of Reports, complaints etc. received.
v. Decision on matters on the Agenda.
vi. New business and unfinished business, if any.
vii. Any other business with the permission of the President/Chairman.

(b) Minutes of all proceedings of the General Meetings and the committee shall be entered in a Minute Book kept for the purpose and any minutes signed by the Chairman of the meeting or the Chairman of the next succeeding meeting shall be evidence of the proceedings.

(c) The Minute Book and the Books of Account shall be kept at the registered office and open to inspection free of charge to all members during business hours.
39. The term of the office of the elected member of the Committee shall be 12 months from the first Annual General Meeting in a financial year to the next Annual General Meeting in the succeeding financial year in which meeting of the election to the committee takes place. Members of the committee are eligible for re-election.
40. Any casual vacancy arising in the committee will be filled by the Committee by co-opting a member of the Association who shall hold office only till the next election to the Committee.
41. A Committee member may resign at any time by sending a letter of resignation to the President or in his absence to the Secretary of the Association and such resignation shall take effect from the date of acceptance by the committee or one more month from the date of tendering the resignation which ever is earlier.
42. A Committee member absenting from three consecutive meetings of the Committee shall cease to be a member of the committee unless the committee otherwise decides.
43. There shall be at least THREE meetings of the Committee during the financial year. The quorum of the meeting shall be 6 of the 11 elected members. The Committee may hold as many on line meetings by skype as required and the same may be minuted like a physical meeting.
44. All deliberations of the committee shall be by email and /or by post. Every issue before the committee shall be decided by simple majority of the Committee members present and in case of tie in the matter, the President may exercise his casting vote.
45. The Committee shall have the following powers and functions:
i) To prepare the agenda of the General Body Meeting and circulate the same among the members.
ii) To carry out all programmes and activities of the Association.
iii) To lay down policies in conformity with the aim and objective of the Association.
iv) To appoint sub-committees or adhoc committees for specified programmes in case of necessity. Such committees may include members who are not on the Executive Committee . Such members will not have the right to vote.
v) To acquire, hold by purchase or alienate by way of lease, mortgage, gift or sale for the necessity and betterment of the association by the approval of General Body.
vi) To receive subscription, donation, grants, subsidy or any aid from the Central or State Government or statutory board, corporation, co-operative society or individual.
vii) To raise funds by way of loan by the approval of General Body.
viii) To give 21 days of notice for Annual General Meeting and one month's notice for extraordinary General Body meeting.
ix) To take immediate steps to carry out and implement the decisions of the Association.
x) To appoint, determine the conditions of service and remove staff and to ensure proper maintenance of Accounts and to arrange for annual audit.
xi) To arrange for safe custody of funds of the Association and its operation.
xii) To approve admission of new members.
xiii) To issue NO OBJECTION certificates for the sale/transfer of Plots/ residential units.
46. The Office Bearers shall have the following Powers:
a) The President: The President shall have general control and power over all the affairs of the Association and shall be the person who shall act on behalf of the General Body with its consent to defend any legal action against the Association or prosecute any legal action authorized. He/she shall be the person to enter into contracts approved by the committee and representing the Association. Any legal proceedings shall be initiated and defended by the President who shall sign all documents, papers and vakalath relating thereto in the name and on behalf of the Association. In his absence the committee may authorize the Secretary or other Executive Committee member to sign such documents and papers.

b) Secretary: The Secretary shall be responsible for the Executive Administration of the Association subject to the control of the Committee. He/she shall have the power to appoint or remove the staff in the services of the Association subject to the prior approval of the committee.

c) Treasurer: The Treasurer shall have the custody of all the properties of the Association including the funds of the Association and shall have the power to operate the bank account of the Association jointly with the President or the Secretary or other authorised member of the Executive Committee of the Association. The Treasurer shall maintain petty cash amount not exceeding Rs 5000/-(five thousand) for meeting the immediate necessities; he shall also maintain up to Rs 10000/- (ten thousand) in petty cash with the Estate Manager at RRV.The committee shall authorize the opening of bank account in any nationalized bank. Any expense up to Rs 10000/- may be met against valid vouchers from the petty cash. All payments in excess of Rs 10000/- shall be made by cheques under the joint signatures of the authorized signatories.

(d) Every office bearer of the Association and the member of the committee shall be indemnified in respect of any loss arising from any reason other than willful default, negligence or fraud and he/she shall also be indemnified against all proceedings , suits, claims, costs, damages, and expenses occasioned by any claim in connection with the Association not arising from willful default, negligence or fraud.
47. ASSETS & FUNDS

All monetary and physical assets of the Association shall be derived from:
a) Membership fee and the annual maintenance fee, subscriptions and contributions, etc.

b) Monies or physical assets as may be contributed, gifted, donated or bequeathed by any person, firm or company or Govt. or their agencies, authorities to the Association.

c) All physical assets such as common amenities, roads, plantations etc. and those that are acquired and created from time to time by the Association.
48. All assets of the Association may be held in the following manner in the name of the Association:
i) Funds in banks and petty cash with the authorized office bearers and designated staff.
ii) Investments in the savings bank account in banks and post offices, immovable properties, securities of the Govt. or in National Savings Certificates or in other securities of undertakings of the Govt. or Govt. of India, Units of Unit Trust of India or in any other mode permitted by General or Special order of the State Govt.
49. (a) The funds and the Assets of the Association shall be applied only for promoting aims and objectives of the Association and as may be authorised by the Act and the Rules framed there under.

(b) No part of the funds shall be divided by way of bonus or dividend or otherwise among the members and no payment shall be made out of the funds to the President or any other office bearer by way of honorarium for any service rendered to the Association.
50. The accounts of the Association shall be maintained on a financial year basis. On expiration of each financial year, the accounts shall be audited by an authorized person with prescribed qualification. Such a person shall be appointed by the General Body each year. The audited accounts shall be presented by the committee to the Annual General Meeting within six (6) months after the expiry of the financial year to which the accounts relate. A copy of said Balance sheet and Income and Expenditure account along with the list of members with their names, addresses and occupation and a declaration to the effect that the Association has been carrying on business or has been in operation during the financial year shall be filed with the Registrar every year within 6 months after the date of the General Meeting .

(c) The Association shall furnish copies of the Bye laws, receipts and expenditure account and balance sheet to the members on application and payment of fees fixed by the Association.

(d) The Association shall maintain the books prescribed in Rule 18 of the Tamil Nadu Societies Registration Rules 1978 and every entry in the books of account shall be made as and when the particular event occurs, a receipt shall be immediately prepared for any money received and tendered to the payer and all payments shall be made under vouchers which shall be signed by the payee. The accounts, returns and registers shall be verified by a member of the committee and an endorsement as required under Rule 20 shall be endorsed by such member.
51. All property (as defined above in the definitions clause) shall vest in the Association and on the constitution of the committee shall stand automatically vested in the Committee.
52 .AMENDMENTS
These Bye-laws may be amended in the name of the Association in a duly constituted meeting for such purpose and no amendment shall take effect unless approved by 2/3 rd majority of the members of the Association present in person or by proxy and voting.
53 All other matters not specifically provided for herein shall be governed by the provisions of the Act and the Rules.