RVAOWS - REVIEW OF BYE LAWS
Dear Fellow Residents of Ram Vihar.
We as members of the appointed committee have been requested to
review the Bye Laws of the Ram Vihar Apartment Owner's Welfare Society
and are now in the advance stage of reviewing or framing the same.
The New/Revised Bye Laws have to be framed in conformity with
the Uttar Pradesh Apartment (Promotion of Construction, Ownership and
Maintenance) Act, 2010 (U.P. Act no. 16 of 2010) and
the Model Bye-Laws as notified by the Uttar Pradesh
Government vide their notification No. 3977/8-1-11-115D.A./02T.C.-I
Lucknow : Dated 16 November, 2011.
Both these documents i.e. the ACT and the Model Bye-Laws can be accessed and dowloaded from UP Govt Official Website http://awas.up.nic.in/.
On studying both these documents we are of the view that we need to go
in for Fresh Bye-Laws rather than suggesting amendments to the old Bye
Laws so that they are not legally incorrect and unsupportable. In case
of difficulty to access these documents on website residents may also
access these documents by clicking on the following local links:-
(a) UP Apartment ACT
(b) Model Bye Laws
We will like to obtain views and ideas of the residents for
incl in the new Bye Laws and request that the same may kindly be emailed
to us at ramvihar-forum@yahoogroups.com .
Residents are requested to forward their views latest by 02 Feb 2013 for consideration the select Committee.
COMMITTEE MEMBERS
28th Jan 2013
Dear Fellow Residents of Ram Vihar.
We as members of the appointed committee have been requested to review the Bye Laws of the Ram Vihar Apartment Owner's Welfare Society and are now in the advance stage of reviewing or framing the same.
The New/Revised Bye Laws have to be framed in conformity with the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (U.P. Act no. 16 of 2010) and
the Model Bye-Laws as notified by the Uttar Pradesh Government vide their notification No. 3977/8-1-11-115D.A./02T.C.-I Lucknow : Dated 16 November, 2011.
Both these documents i.e. the ACT and the Model Bye-Laws can be accessed and dowloaded from UP Govt Official Website http://awas.up.nic.in/. On studying both these documents we are of the view that we need to go in for Fresh Bye-Laws rather than suggesting amendments to the old Bye Laws so that they are not legally incorrect and unsupportable. In case of difficulty to access these documents on website residents may also access these documents by clicking on the following local links:-
(a) UP Apartment ACT
(b) Model Bye Laws
We will like to obtain views and ideas of the residents for incl in the new Bye Laws and request that the same may kindly be emailed to us at ramvihar-forum@yahoogroups.com .
Residents are requested to forward their views latest by 02 Feb 2013 for consideration the select Committee.
COMMITTEE MEMBERS
28th Jan 2013
We as members of the appointed committee have been requested to review the Bye Laws of the Ram Vihar Apartment Owner's Welfare Society and are now in the advance stage of reviewing or framing the same.
The New/Revised Bye Laws have to be framed in conformity with the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (U.P. Act no. 16 of 2010) and
the Model Bye-Laws as notified by the Uttar Pradesh Government vide their notification No. 3977/8-1-11-115D.A./02T.C.-I Lucknow : Dated 16 November, 2011.
Both these documents i.e. the ACT and the Model Bye-Laws can be accessed and dowloaded from UP Govt Official Website http://awas.up.nic.in/. On studying both these documents we are of the view that we need to go in for Fresh Bye-Laws rather than suggesting amendments to the old Bye Laws so that they are not legally incorrect and unsupportable. In case of difficulty to access these documents on website residents may also access these documents by clicking on the following local links:-
(a) UP Apartment ACT
(b) Model Bye Laws
We will like to obtain views and ideas of the residents for incl in the new Bye Laws and request that the same may kindly be emailed to us at ramvihar-forum@yahoogroups.com .
Residents are requested to forward their views latest by 02 Feb 2013 for consideration the select Committee.
COMMITTEE MEMBERS
28th Jan 2013
Dear Members of RVAOWS.
We have been deliberating in Ram Vihar for over many years now to review our bye-laws. In view of the passing of legislation by Uttar Pradesh Govt, the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 (U.P. Act no. 16 of 2010) - (http://www.upgos.com/Act_Ordinance/031910_3.htm) and the Model Bye-Laws under Sec 14 of the ACT so notified by the Uttar Pradesh Government vide their notification No. 3977/8-1-11-115D.A./02T.C.-I Lucknow : Dated 16 November, 2011 it becomes mandatory for us to review and adopt bye laws which conform fully to the provisions of the these statutory legislation.
The Bye Laws of our Residents Welfare Association (RVAOWS), do not fully meet the provisions of these legislation or are in contravention to the above ACT as such in our case need a total review and overhaul. A committee of five senior members who have been intimately connected with the society for past many years had accepted to look into all these aspects and
compile new Bye Laws in 2013 in accordance with the UP State legislation duly aligned for Ram Vihar.
The committee worked for months and had consultations with other stake holders. The initial draft of the "Ram Vihar BYE- Laws 2013" was prepared by the Committee and was placed for scrutiny of the members on this website.
The committee assured the members that it had worked on these Bye Laws most honestly and without any favours or bias and has kept the well being of Ram Vihar as their Foremost Goal. The members have thoroughly thrashed out every issue for inclusion in the Bye Laws.
This document remained hosted on this web site for a year so that every member could access the same with ease and offer their suggestions. The draft-2013 was refined and modified on the suggestions of the members and a fresh and final draft prepared and placed on this blog site for every ones perusal.
The final draft of the Bye Laws can be read at http://ramvihar.blogspot.in/p/ram-vihar-apartment-owners-welfare_30.html
The said UP State Apartments ACT-2010 is quite comprehensive
(Chapters VI and VII are most relevant) based on which the Model Bye laws have been notified by the Governor of the UP State. Copies of these two legal documents can be viewed by clicking the links in the previous post on this site or on the official web site of the UP State Government site (http://awas.up.nic.in/) as under:-
(a) http://awas.up.nic.in/Apartment%20Act%202010/Apartment%20Act-English.pdf
(b) http://awas.up.nic.in/Apartment%20Act%202010/Model%20Bye-Laws%20(English).pdf
Since the Act and the Model Bye Laws have already been promulgated by the Government, these therefore, are automatically applicable to all the RWAs in UP State incl RVAOWS needing no further mandate. Under the legislation the general body has also been empowered to illustrate certain sub-provisions on the management of day to day administrative routines.
The committee has conformed fully to the provisions of the ACT-2010 and the Model Bye Laws, in compiling the "Ram Vihar Bye Laws - 2013". The rules and procedures have further been illustrated by incorporating relevant sub-paras from our old Bye Laws, which are particularly applicable to the residents of Ram Vihar. The relevant paras of the Model Bye Laws are also quoted against our paras for reference which will be deleted from the final document. In our opinion there is nothing in our Bye Laws which may be called undemocratic or not in agreement with the state legislation.
These Bye Laws are proposed to be adopted during the AGM by a resolution of the house in May 2013. In the mean time we intend refining them further as an ongoing process. we, therefore request the members to kindly email us their comments, objections and suggestions to nkd616@gmail.com with copy endorsed to ramvihar-forum@yahoogroups.com for incorporating them in the Final Bye Laws after due deliberations and consideration. The amendments when made on line will be instantly visible on the web.
Any questions that you may have on the provisions as contained may also be addressed to us which will be replied by the committee to the members. We will welcome constructive suggestions from the tenants also for consideration, accordingly for inclusion.
We will be holding a meeting if required, by the end March where the members will be free to ask the committee any clarifications on the provisions contained in the Final Ram Vihar Bye Laws-2013. However in case any one wishes to discuss he/she is most welcome to fix a mutually convenient time for the meeting in society office.
Please do study the Bye Laws since these will be the guiding rules for the administration of Ram Vihar in future.
Thanks and Best Wishes for All Residents of Ram Vihar.
Members of the
Ram Vihar Bye Laws Review Committee
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