RULES AND REGULATIONS

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  1. DEFINITIONS:
    1. Society/Association:

Means the Society/Association the name of which appears in the Memorandum of Association, and is registered under the provisions of the Societies Registration Act, 1860.

  1. Societies Registration Act:

Means the Societies Registration Act, 1860 or its successor statute.

  1. Objects:

Those occurring in Clause No (4) Of the Memorandum of Association.

  1. Members:

Means persons who have been accepted as member by the Governing Council of the Society/Association, and whose name duly appear on the membership register of the Society/Association Membership of the Member is non-transferrable.

Person means the Owner/Leaseholder of the Property purchased/leased from Lavasa Corporation Limited (Lavasa or LCL) or who has/have entered into an agreement to purchase a property from Lavasa Corporation Limited (Lavasa or LCL) and where the possession has been granted by Lavasa to the Owner/Leaseholder. It is clarified that where the ownership of the property is in joint names, first owner only shall be the Member of the Association and shall exercise all rights bestowed upon him or her hereinafter, unless the rest of the joint owners delegate this right, in writing to the Association, duly supported by notarised affidavit, in clear unambiguous terms, to any one single co-owner. It is further clarified that where ownership of the property is with a corporate/non-natural/artificial legal entity, the legal entity will be the member of the association and will be represented by a natural person nominated by their duly approved authorised representative appointed by the legal entity following due process of law as applicable to that legal entity. A Legal entity cannot participate in Governing Council or elections of the Association. However, one representative of the legal entity can be member of the Governing Council or Office Bearer or participate in elections provided the due legal process has been completed by the legal entity and that the Governing Council has accepted such nomination of a person by legal entity and all documentation in their Governing Council meeting. Once such nomination is accepted by Governing Council, legal entity will have no right to withdraw, modify, change, and alter etc such nomination.

It means the Governing Council in which the powers of management of this Society/Association have been vested.

State of Maharashtra.

FOUNDER MEMBERS are the persons who are the first signatory to the Memorandum of Association of the Society/ Association and therefore are the founding members of this Association. They would hereinafter be referred as FOUNDING MEMBERS. Onetime Membership fees payable by the Founding Members will be Rs 500/- (plus GST if applicable). As Founding Members, they would be entitled to privileges or benefits like any other Primary Member of the Association and shall have right to exercise only one vote per membership.

  1. PRIMARY MEMBER with voting rights:

Primary member is a person who has received possession of their property from Lavasa/LCL. Primary Members would pay onetime membership fees of Rs 200/- (Rupees Two hundred only) (plus GST if applicable) at the time of making application for joining and seeking the membership of the Association;

In addition to onetime membership fees, a Primary member w.e.f.1st of March will pay the Annual Membership Fees as may be decided by the General Body of the Association from time to time and upon payment of such Annual Membership Fees, the membership of the Association will be extended.

The above membership fees and annual renewal fees can be revised by the General Body from time to time.

  1. ASSOCIATE MEMBER without Voting Rights:

Temporary residents, Local Property Owners residing within Dasve Village Panchayat (or each of Local Villages/ Panchayat) and other Citizens of each of the Villages may be permitted to join as Associate Members without any Voting Rights of any nature whatsoever on payment of membership fees & taxes thereof, as may be decided by the General Body from time to time.

Each individual will have to apply separately in prescribed form/online for membership which will be subject to approval and acceptance of the Governing Council. Governing Council may reject an application without assigning any reason whatsoever.

  1. HONORARY MEMBER without Voting Rights: Any individual who has rendered any distinguished services to Society/Association, or who is otherwise enjoying high public esteem, of who is an Office Bearer of Official of the Local Self Govt & other Govt or Semi Govt bodies can be allowed to become member of the Association and will be treated as Honorary Members. Such member shall be entitled to participate in the deliberations of the Society/ Association at its General Meetings, but shall not be eligible to vote on any matter.

If any vacancy occurs in the Governing Council members on account of disqualification of a member or on account of vacancy due to death or resignation or if a member desires to be discharged or relieved from the membership, then the continuing or surviving members shall appoint a new member in the vacancy caused by majority, from amongst the members of the association. The person so appointed in the vacancy created shall work only for the remaining term of the Governing Council.

The following shall be the authorities of the Society/ Association

  1. The General Body;
    1. The Governing Council.

            (ii)        The website of the association shall be registered in the name & style of as may be decided by the Governing Council;

            (iii) The General Body shall be the custodian of Website and Members Database;

            (iv) Data of each member will be protected by login user-id and password of respective property owners/Allottees;

            (v) Any changes to the Website of the Association & Database of members/property owners will be carried out by the Developer on written instructions of the Office Bearers of the Association;

  1. GOVERNING COUNCIL:

The management and control of the Society/Association shall be vested in a Governing Council of 8 (Eight) members now. The number of Governing Council shall be minimum 7 (Seven) members and maximum 21.

The tenure of the Governing Council shall be of 3 (three) years. All the Committee members are re-eligible for contesting the election. If required, to conduct the elections an Independent Election Officer can be appointed by the Governing Council 21 days before the election and make such any others rules for election if necessary.

The Governing Council shall consist of the following Office Bearers:

  1. President
    1. Secretary
    1. Treasurer
    1. Governing Council Members

The General Body will elect the Governing Council and members of Governing Council shall elect the Office Bearers. Tenure of the Office Bearers shall be valid until 31st March.

  1. GOVERNING COUNCIL – (MEETING, NOTICE & QUORAM):
    1. Notice shall be issued by the Secretary in consultation with the President and/or other Office Bearers/EC Members. However, the proof of dispatch of the notice by any mode shall be required to maintained by the Secretary;
    1. 1/3rd  members must be present to constitute a quorum;
    1. The President shall preside at all the meetings of the Governing Council. In his absence, the Secretary of the Association shall preside. In absence of both President & Secretary, the Governing Council shall elect/select one of its members to preside the meeting;
    1. If at a duly convened meeting of the Governing Council, there be no quorum at the time announced for the meeting, the meeting shall be adjourned. The adjourned meeting shall be held after half an hour for which the members present shall form the quorum provided minimum 5 (Five) Governing Council Members are present. However, the same agenda will be considered at the adjourned meeting;
    1. The Governing Council shall meet once in every 3 (three) months or more often as thought fit and proper;
    1. Notice of Governing Council meeting shall, be sent 5 (Five) clear days in advance before the meeting by email or by any other communication mode to be decided by the Governing Council.
  2. POWERS OF GOVERNING COUNCIL:
    1. To frame regulations consistent with this constitution for:
      1. The conduct of its business and;
      1. The conduct of its meeting; and
      1. To manage the affairs & lay down the policies of the Society/Association;
    1. To solicit, obtain and/or accept subscriptions, donations, grants, gifts, devices, bequest and trusts from any person, firm, corporation or institutions or a likewise body;
    1. Founder Members of the Governing Council i.e. first Governing Council shall have the powers upto period ending 31st of March  to increase the strength of the Governing Council by co-opting the members of the Association/Society into Governing Council within overall strength of 1/3rd  members of EC;
    1. To represent and project the interest of its members of a general nature, to City Management Authority, government or any authority dealing with matters of common interest;
    1. To approach the concerned authorities for redressal of grievances of members of Association/Society;
    1. To hold movable and immovable properties of the Society/ Association and to administer its funds;
    1. To consider and recommend for adoption by the General Body the annual budgetary provisions for the ensuing year of the Society/Association;
    1. To prepare the draft of the annual reports and financial statements of the Society/Association, and recommend the same to the General Body for their sanctions, & to arrange for its circulation among the members;
    1. To consider and sanction proposals for extra expenditure;
    1. To construct, maintain, extend, improve, repair, alter, enlarge, modify any land, house, buildings or such type of work necessary or convenient for the purpose of the Society/ Association;
    1. To enter into, modify, extend or cancel agreements/MOUs/ Contracts/purchase orders etc on behalf of the Society/ Association;
    1. To take steps with a view to preventing a member or any other employee from doing anything or acting in any manner or performing any act of commission or omission detrimental to the interest of the Society/Association;
    1. To fill vacancies in the Governing Council caused by death, resignation or caused by any other reason;
    1. To consider and if thought fit, sanction proposals for the appointment of needs of the Society/Association;
    1. To appoint, confirm, promote or terminate the services of any employee working in the Society/Association or its Branches;
    1. To fix the salaries and allowances to be paid or made to the employees of the Society/Association;
    1. To take over, associate with or tie-up with or merge or to amalgamate with any other Society/Association, or Association having similar or in part similar objectives of the Society/Association with approval from its General Body;
    1. If a Governing Council member fails to attend 3 (Three) consecutive meetings of the Governing Council without any valid reason or requesting for leave of absence, he/she shall be deemed to have demitted the office of the Governing Council as a member of the Governing Council and that Governing Council shall have full right to appoint his replacement without any notice or information or intimation to the said member;
    1. To work as NGO on National as well as International level;
    1. To enter into agreement with Government or its Authorities, Municipal or other local or Public Sector bodies or any other inland and Foreign Charitable Trusts or persons that may deemed conducive and to obtain from them any such privileges that may be desirable for the Society/Association;
    1. To appoint internal auditors, Chartered Accountants, Legal Consultants for dealing with IT, GST & Other Govt Authorities for the Society/Association;
    1. To fight for the protection of civil, social & economical rights, also public interest litigations for art, social, educational environmental, geological issues which are important for the benefit of the Society/Association;
    1. To conduct different programmes arranged by State and Central Government on behalf of the Society/Association;
    1. All the income earnings, movable, immovable properties of the Association shall be solely utilized and applied towards the promotion of its aims and objects only set forth in the Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of profit, dividends, bonus in any manner whatsoever to the present or past member of the society or to any persons claiming through any one or more of the present or past member. No member of the Association shall have any personal claim on any moveable or immoveable properties of the Association or make any profit whatsoever by virtue of his/her membership.
    1. To make investment of surplus funds of Society/Association in Fixed Deposits of nationalised banks in India and/or in Securities issued & guaranteed by Government of India without any limit. However, if investment is proposed in instruments other than above, approval of General Body of the Society/Association will be obtained irrespective of the amount to be invested;
    1. Generally, to do all such acts and things as may be necessary or desirable in the interest of the Society/ Association whether they are expressly provided in the rules or not.
  3. POWER TO CALL MEETINGS OF THE ASSOCIATION:
    1. Notwithstanding the process of calling meeting of Governing Council or General Body or Annual General Meeting or any other meeting defined herein it will be mandatory to follow the following process in addition to process defined in respective clauses:
      1. Meeting will be called by a written notice or by e-mail and any other electronic form with agenda;
      1. Meeting will be called by the Secretary;
      1. If Secretary so desire he/she may consult President and/or other Office Bearers of the Association/ Society to call the meeting;
      1. If Secretary does not call the meeting despite request from other Office Bearers, meeting can be called by any 2 (Two) of the Office Bearers by issuing appropriate notice in writing jointly signed by them;
      1. Other Members of the Governing Council will also have the right to call any of the meeting/s provided minimum 6 (Six) members have signed the notice of meeting.
  1. DUTIES OF OFFICE BEARERS:
    1. PRESIDENT:
      1. To preside, and chair the General Body meetings and the meetings of the Governing Council as provided in the rules;
      1. To decide all matters/issues by majority of minimum 1/3rd votes;
      1. The right to call any meeting in case of urgency;
      1. To keep control over the staff of the Society/Association;
      1. To deliver castings vote in case of a tie.
  1. SECRETARY:
    1. To do all acts in order to promote the general welfare of the Society.
    1. To do work in absence of the President.
    1. To carry on correspondence for the Governing Council and General Body in consultation with the President;
    1. To arrange and keep the records of the Society/ Association up-to-date;
    1. To keep and maintain a list of the possession holders’ properties of the Society /Association;
    1. To maintain the General Registers of the members of the Society/Association;
    1. To implement the regulations of the General Body and the Governing Council;
    1. To correspond on behalf of the Society/Association and represent the Society/Association in all legal matters.
  1. TREASURER:
    1. The Treasurer is responsible for all the sums of money which are received from time to time by the Society/ Association;
    1. To maintain and control accounts of the Society/ Asssociation;
    1. To get the accounts of the Society/Association audited, and present the statement of account/s to the Governing Council and/or Annual General Body;
    1. To present the budget to the Governing Council, for consideration and sanction.
  1. GOVERNING COUNCIL MEMBERS:
    1. Members will be constituents of the Society/Association, and are supposed to actively participate in all events & activities of the Society/Association;
    1. To work at the directions of Office Bearers.
  1. EXTRA ORDINARY MEETING OF THE GOVERNING COUNCIL:

Under special and/or extra ordinary circumstances the President or the Secretary of the Society/Association is entitled to call the Extra Ordinary Meeting to discuss and take decisions on policy matters pertaining to the Association/Society. The notice for such meeting shall be signed by the President or Secretary, and shall be dispatched to all the Governing Council members at least 5 (five) days before the meeting. The mode of sending the notice shall also be decided by the President and/or Secretary. 1/3rd members of the total number of members shall form the quorum. If quorum is not available within quarter of an hour at the time fixed the meeting shall stand adjourned by one hour, and in such adjourned meeting minimum 5 members must be present together with not less than 9 members of the Governing Council, shall form the quorum. No other business other than what is mentioned in the agenda shall be discussed in such meeting. If minimum 5 members of the Governing Council are not present the meeting shall be deemed to be null & void and no decision can be taken in such a meeting.

  1. CIRCULAR RESOLUTION:

In urgent matters a circular resolution can be passed. The said resolution should bear signatures of elected President and Secretary and shall be circulated to the other Governing Council members. If all the Governing Council members sign on the circular resolution the contents of the same shall come into operation from the date of the resolution.

  1. REQUISITION MEETING OF GENERAL BODY:

Such meeting shall be held within 30 days if the meeting is requisitioned by at least 1/3rd members of Association/Society on roll provided that the request is made in writing to the President and/or Secretary stating the detailed agenda proposed to be discussed. The notice for this meeting should be 15 days in advance. No other business shall be discussed at the Requisition meeting other than the specific purpose for which the meeting is being called;

Decisions shall be taken by a simple majority of votes. President shall have a casting vote in case of a tie. The quorum for the transaction of business shall be 1/3rd of the total members of the Association/Society. In the event of quorum is not present at the appointed time the meeting shall be postponed for an hour for the time set for the meeting. The meeting shall stand adjourned and re-assemble after an hour. At such adjourned meeting, the rule of quorum shall not apply provided minimum 1/3rd  members are present personal at the venue of such meeting. Every member, other than honorary & associate member, who is a member of the Society/Association will have the right for one vote to be exercised at the General Body meeting. The requisitioned meeting of the General Body shall be chaired by the President and minimum 2/3rd of the Governing Council members must be present in the meeting. Such meetings will be held by physical presence of a member and no e-voting shall be allowed.

  1. FIRST MEETING OF THE GOVERNING COUNCIL & GENERAL BODY AFTER REGISTRATION OF SOCIETY:

Secretary of the Association shall endeavour to register the Association with appropriate authority at Pune at the earliest. Immediately after Society/Association is registered First Meeting of the Governing Council will be called within 21days and if all members are present General Body meeting shall be held to decide the urgent business as may be required to authorise the making of the SEAL, letter heads, opening of website, bank account & operationalise the registered SOCIETY/ASSOCIATION.

  1. VOTING RIGHTS & VOTING:
    1. Every member other than Associate Member/Honorary Member who is a member of the Society/Association will have a right for one vote to be exercised at the General Body meeting. All decisions will be arrived at in the General Body as well as Governing Council meeting by a majority of 1/3rdvotes. In the event of a tie, the President shall have the power of deciding the issue by a casting vote;
    1. Those members who have not paid their fees and completed the process of registration as a member of the Association on the date of voting are not eligible to vote;
    1. For the convenience of the Members of the Association/ Society E-voting by Members for General Body Resolution/s, Governing Council is permitted.

However, Governing Council shall frame appropriate guidelines and rules for E-voting to select the agency for managing the E-voting platform, criteria to evaluate the Agency/s, decide the scope, finalise the costs, methodology of e-voting, disclosure of information pre & post e-voting, security features, post e-voting data safe keep etc and guidelines/rules to ensure no duplication of voting takes place and any other issues concerning e-voting as the Governing Council may deem fit.

Unless the guidelines/rules are finalised and Governing Council has approved the draft of the agreement with the e-voting Agency to be signed by minimum 2 (Two) Office Bearers of the Association/Society and same has been signed by the Office Bearers of the Association/Society, E-voting will not be permitted.

A list of eligible members for e-voting should be published before the e-voting commences. E-voting must only be permitted using secured login & password of each member. Governing Council shall also appoint an Office Bearer responsible for all pre & post e-voting compliances including record keeping of each e-vote;

  1. E-voting lines to be kept open for minimum of 48 hours and must stop at least 6 hours before scheduled commencement time of the meeting;
    1. Results of any voting will be announced within maximum of  72 (Seventy Two) Hours of close of the meeting;
    1. Voting result – time & manner of declaring the result and the result will be informed to all members by  e-mail by the Secretary of the Association.

As the entire Lavasa project is undergoing process of resolution by NCLT appointed wherein all property owners & Allottees are affected parties, it is essential that domain expertise of various individuals, property owners/Allottees are used by the Association/Society to protect their collectively and to represent themselves before appropriate authority to protect their properties and day to day running/maintenance thereof.

Therefore, Governing Council is authorised to form Advisory Committees of domain experts from amongst the members of the Association/Society who can contribute their expertise in the best interest of Association/Society and represent the members before various authorities/NCLT/ NCALT/Courts etc within overall support & authority of Governing Council.

The funds of the Society shall consist of subscriptions, and donations and such other funds received from whatever source, and the same shall be deposited in any Nationalized or Co-operative or Public Securities approved by the Managing Committee.

The income, money and  properties of the Society,  in  whatsoever manner derived, shall be applied solely towards the maintenance, upkeep and improvement of the institution and properties of the Society and for acquisition of new ones, and for the promotion of all or any of the objectives specified above and no portion thereof Shall be paid or transferred directly or indirectly by way of profit to the members of the Society, PROVIDED and howsoever that nothing herein shall prevent in good faith remuneration to any member in return for any service rendered to the Society.

The Society may establish general, special or capital funds for Furtherance of the aims and objectives of the Society, and the money shall be deposited in Nationalized and/or Co-operative, or Public Securities.

The accounting year of the Society shall be from 1st of April to 31st March each year. Or which will be decided by Government authorities mandatory on Society.

The Bank Accounts shall be in the name of the Society and shall be operated under the joint signature of any two out of Chairman, Secretary and Treasurer.

The Society hereby created is irrevocable.

           To alter, extend, amend or change the name, and/or the objectives of the Society, however, provisions of Sections 12 and 12A of the Societies Registration Act, 1860, shall be complied with.

Any change to be done in the Rules and Regulations will be done by calling special General Body meeting and 4/7th of the total number of members should be present for the said meeting and the said change should be accepted in the said meeting by majority. A copy of proposed change(s) in Rules and Regulations shall be sent along with Notice to the members well in advance.

The list of persons who are members within the meaning of Section 15 of the Societies Registration Act, 1860, shall be maintained in the form of Schedule VI to the Societies Registration (Maharashtra) Rules, 1971, vide Rules 15 thereof.

There shall be a common Seal of the Society which shall be affixed at the discretion of Managing Committee to such deeds, contracts, agreements and official letters, documents or statements of whatever nature where requires the sanction of the Managing Committee.

80% of the amount can be utilized on the objects of the Society. 20% amount can be spent on the management expenses.

The beneficiaries of this Society are the needy & deserving persons. The   Society   hereby   created   shall   exist   solely   for philanthropic purposes and not for purposes of profit. Any income or surplus derived by the Society when-so-ever and from where–so-over source shall only be incidental and shall be applied solely for attainment and promotion of the objects of the Society set forth in these presents. Provided however that nothing contained herein shall prevent the Trustees/members from reimbursing themselves out of the Society Fund all bonafide expenses that may be incurred by them jointly or severally in or about the execution of the Trust purposes and other reasonable expenses incurred for the purpose of the Society.

If for any reasons it is decided to dissolve the Society, the provision of sec. 13 and 14 of the Societies Registration Act, 1860, shall be complied with.

In the event of dissolution the surplus assets/funds of the Society as would remain after discharging all liabilities shall be transferred to any other Public Charitable Institution/Society having similar objects, and also registered u/s 12A of Income Tax Act, 1961,and the same shall not under any circumstances be distributed among the members.

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