REPORT ON THE VISIT OF REPRESENTATIVE OF RAM VIHAR APARTMENT OWNER’S WELFARE SOCIETY TO THE SUB REGISTRAR OF SOCIETIES ON 17THMARCH 2015.1. A team consisting of two members of the RVAOWS, were asked by the Interim Committee of Ram Vihar to meet the Registrar of Societies with a view to apprise him of the resolutions adopted by the EOGM on 11 th Aug 2015 and the current impasse in the society. This report is submitted to the RVAOWS Office for records and for initiating further actions as advised by the Sub Registrar of Societies Shri Krishan Kumar , PCS.2. The Sub Registrar gave a very patient hearing to the team. The Brig Atray apprised him of the happenings since the time of AGM held in May 2015 when elections had to be postponed. The letter reiterating the same as given by the Interim Committee was also handed over to him which he read in detail and asked clarifications.
3. The resignation of Five out of Seven elected members was highlighted by the team which compelled the permanent members and residents of the society to call for emergent EOGM. the resolutions adopted by it in dissolving the Executive Committee and asking for fresh elections for all the posts, as also appointing an interim management committee to look after the essential services in the complex in terms of electricity, water, conservancy and operation of the lifts were also read out to him.4. The team mentioned that all the actions taken by the General Body were as per our Bye Laws, a copy of which was shown to him by the team. He scanned through the booklet and asked whether these were as per the Model Bye Laws so promulgated by the UP State Government in 2011. On looking at its date which is earlier than 2011 he called his senior staff in his office for clarification.5. The Sub Registrar consulted his senior staff who informed him that the Bye Laws being shown by us are not as per the Statutory requirement of the UP State Apartment Act – 2010. these were also not approved by their office any time in the past. The approved Bye Laws of the society are supposed to be signed and stamped on each page not only by the Representatives of the Society but also by the Registrar. He thus remarked that the booklet being shown to him is not more than pieces of paper which have no legal standing as on date.6. On a query by the team that the ACT-2010 should not apply to RVAOWS since it came into being much before the ACT was enacted by the UP State Government. The Sub Registrar stressed explicitly that it applies to all societies whether they were registered under the Societies Act or later after 2010 under the said ACT-2010.7. He advised the team to carry on with the impending elections as planned on 6th Sep 2015 in RVAOWS in terms of the UP State Apartments Act-2010 and meet all statutory requirements under the act and intimating his office the details of new management committee of the society for their approval and records.8. He directed the team in no uncertain terms to follow the Law of the land in the management of the complex as his office will not permit any deviation from it. He also directed that we must follow the Model Bye Laws in toto without a change of word in it, except for inserting the name of the Society. This must be done on Priority and before the next elections being held in Sept 2015.9. He further advised that a copy of the Model Bye Laws as for our society be sent to his office for approval with signatures and stamp on each page, his office will them stamp and sign every page as a mark of approval of the Bye Laws.10. The team requested his guidance on the adoption of the Model Bye Laws should we like to change a sentence or Para in our Model Bye Laws. It was categorically mentioned by him and his senior staff that not a word can be changed in the promulgated Bye Laws by the Government, however if we still wish to make changes the procedure is very tedious. The change must be approved by 2/3rd majority of the members ie 135 members and the resolution will then be approved/endorsed by the Chairman Noida Authority, which may not be possible. As such there is no choice but to adopt the Model Bye Laws verbatim and in toto with only inserting the name of our society as registered.11. The team thereafter thanked the Sub Registrar and his senior staff for their time and guidance. It then submitted the documents as required by the President Interim Committee to the office of the Registrar and obtained a stamped receipt/acknowledgement. The same has been handed over to the President Interim Committee Brig Ashok Anand.12. The team recommends that all actions pertaining to elections be taken as per the UP State Apartments Act -2010 to have legal sanctity. Two copies of the Law Books on the said Act and Model Bye Laws were purchased from the Law book store and handed over to the Interim Committee for record and guidance.13. The report is signed and presented on the 18th day of Aug 2015
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