MEMORANDUM OF ASSOCIATION OF
“DIVINE
MANSION RESIDENTS’ WELFARE SOCIETY” (DMRWS), PURI
PREAMBLE: In its efforts to promote and sustain an outstanding
community of good human, peace and harmony, the “DIVINE
MANSION RESIDENTS’ WELFARE SOCIETY, PURI” shall be guided by a set of
shared values to which all its members/owners stand committed. These values
expressed as the guiding principles and canons of the community, shall be
touchstone for the byelaws, rules, and operating guidelines of the Association
to be formed herewith. These guiding principles are as follows:
(a) Harmonious Living Culture: The emphasis here is on consideration
for others, with residents/members/owners relating to each other in the spirit
of mutual support, fellowship, and brotherlihood. The basis for all key
decision is the greater common good;
(b) Good Citizenship: Each of the residents shall respect the
rights of others, besides willingly and voluntarily conform to the byelaws,
rules, and operating guidelines of the above named Association; and
(c) Outstanding Physical Environment: Reasonable standards shall be maintained
for all common areas, infrastructure, amenities, and services. Similarly,
minimum and descent standards and guidelines shall be applied consistently and
uniformly where relevant to the personal properties of the owners.
Residents/owners are also guided in their
actions by the need to conserve and protect the
environment. In the same spirit, the Association also actively promotes and
advocates the use of eco-friendly methods, and plantation of trees in and
around the Apartment to make the ambiance more charming and eco-friendly for
the long term benefit of the community.
1. The Name of the Society shall be “DIVINE
MANSION RESIDENTS’ WELFARE SOCIETY, PURI” (DMRWS-P) which shall be
registered under the Odisha Societies Registration Act of 1860 and the relevant
rules framed thereunder.
2. Registered Office: The Registered Office of the Society
shall be at Divine
Mansion, Harachandi Sahi, Lokanath Road, PS: Puri Town Dist. Puri,
Odisha.
3. Key Aims & Objectives of the Society: The main objectives of the above named
Society shall be:
(a) To act as an Association/Society of Apartment Owners of the
Building “DIVINE MANSION” who have filed their declarations submitting their
respective apartments to the provisions of the Act, in such a manner as to
protect the legitimate rights, privileges, and interest of all its
members/owners/residents with prejudice or favour to none;
(b) To provide for, and do all or any of the matters as laid down in
these bye-laws;
(c) To represent the Society/Association before government, local
civic bodies, Puri Municipality, PKDA, and such other competent
authorities for any common purpose which may impact the members monetarily or
otherwise and take all such steps as may be necessary in this regard in order
to protect the interest and well-being of the residents/owners/members of the above
Society/Apartment;
(d) To represent the Society/Association in all matters pertaining to
the common property of “DIVINE MANSION RESIDENT’S WELFARE SOCIETY, PURI” and to
negotiate, carry on litigation, settle or compromise with third parties any
matter affecting the common rights and properties without detrimental to the interest
of its members;
(e) To establish and carry jointly with individuals or institutions,
or its own volition, educational, physical, social, recreational, maintenance,
upkeep and welfare of all the Apartment owners/Members of the society;
(f) To provide for the security,
maintenance, repair, replacement, or improvements of the existing
building, its premises including all common areas and facilities by
proportionate contribution from the respective owners/members to be mutually
agreed upon, and if necessary, by raising loans for the purpose in the interest
of the entire community or stack holders;
(g) To carry out urgently
needed repairs inside any of the units, which would otherwise affect
the building in common, if the apartment owner or the occupant of the unit
fails to carry out the same within the time prescribed by the respective
apartment owner(s), but such repairs should not be detrimental to
the interest of co-owners;
(h) To establish, maintain and reinforce
contacts to render help/assistance to all
members regarding the maintenance
of the premises so as to keep its ambience descent, clean, and
aesthetic look;
(i) To frame rules,
guidelines and administrative procedures with the approval of the
general body meeting of the Society/ Association. However, in exceptional
cases, the Managing
Committee (MC) or the Executive Body/ Council (EC), as the case may be is
authorized to frame/change rules from time to time ;
(j) To provide close cooperation between members and to render all
possible advice and guidance to members in any matter relating to
ownership and peaceful
enjoyment of living in Apartments and its premises and to provide
such amenities and facilities to members as the MC or the EC may deem fit from
time to time;
(k) To use the common facilities such as stilt/parking space or the
roof atop only to conduct special/social functions only by the owners (not the
tenants) of flats of the Apartment “ DIVINE MANSION” under
intimation to the MC or EC or to all the members through the care
taker/ Security Guard of the Apartment without detrimental to the interest of
the owners;
(l) To do all other lawful acts for the attainment of the
aforesaid objectives;
(m) To
engage the services of any professionals like, Contractors, Architects,
Structural engineers, Charted Accountants, Advocates, and/or to take
up any necessary civil or structural work, or take their advice or services to
fulfill common interest of the Apartment owners or initiate any action or to
defend the same generally in the greater interest of all members;
(n) To administer the Apartment/Building and its common
facilities/utilities from time to time;
(o) To do such other things, as may considered just and necessary;
(p) To engage the services of Sweepers, Gate Keepers/Security Guard;
Caretaker/Manager to look after the day to day routine work including
its cleanliness and watch and ward of the building and its properties, if the
members feel so required;
(q) To do such other things as
may be considered as to be incidental or
conducive to the attainment of the aforesaid objectives;
4. Hence, the above named Society/Association be
formed and registered with the Registrar of Societies at PURI under
the provisions of “Societies of Registration Act, 1860” and the
President or Secretary of the Society/Association or the MC or the EC, as the the case may be, is authorized to correspond and deal with the Registrar, shall
make necessary compliance, in order to get the above Society/Association
registered on the following terms:
(i)The above Society/Association, however,
shall not act beyond its scope of objectives without duly amending the
provisions of the Bye-laws (in the GB with the presence of 50%
of the Members/owners +1 being present in such meeting which
comes to 41)
for the purpose, if so required;
(ii)The income of the Association, if any,
shall strictly be utilized for the objectives of the Society/Association
including its day to day maintenance and improvement of the existing
infrastructure and Services further and shall not be distributed to its members;
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