jade garden plot owner's association (r) · jade garden plot owner's association (r) 1st...

JADE GARDENPLOT OWNER'S ASSOCIATION (R)

Admn. Office : # 1, Phase-II, Jade Garden, Sadahalli, DevanahalliTaluk, Bangalore – 562 110Ph: 080-22712197, +91-9343045492

E-mail: [email protected] website: jadegarden.org

JADE GARDEN PLOT OWNER'S ASSOCIATION (R)1st Managing Committee Members

Subscribers to the Memorandum of Association and Rules &Regulations of the Association

Sl.No. Name and Address Age / Occupation Posted

1. Dr. Sudhir L. Vinekar,28, Nandidurg Road,Bangalore - 560 046

49 YearsOccupation -Gynaecologist

President

2. Mr. Vijay Hinduja(representing Mrs. Raj V. Hinduja)5A, 9th Main Road, 1st Floor,R.M.V. Extension, Bangalore - 560 080

50 YearsOccupation -Business

Secretary

3. Mr. B.K. Rao(representing Mr. Basva Ashok Rao)175, 75h Main, J.P. Nagar, 3rd Phase,Bangalore - 560 078

71 YearsRetired

Treasurer

4. Mr. Sushil Haksar44, 2nd Main Road, Defence Colony,Indiranagar, Bangalore - 560 038

58 YearsOccupation -Consultant

Member

5. Mr. Prakash MehraVidyakunj, 156, Nandidurg RoadCrescent, Bangalore - 560 046


Member

6. Mr. Nandlal Mangharam13/2, 1st Cross, R.R. Layout,Nandidurg Road, Bangalore - 560 046


Member

7. Mrs. Saroj KakkarS-1, Charter Resort, 50/1,Richmond Road, Bangalore - 560 001


Member

8. Mrs. Shailaja KashyapB002, Adarsh Place, 47th Cross,5th Block, Jayanagar, Bangalore - 560 041


Member

9. Mrs. Nanda Gurnani(representing Mr. Deepak Gurnani)205, SNS Manor, No. 2, Brunton Road,Bangalore - 560 025

33 YearsOccupation -Housewife

Member

10. Mr. Srchand Rajpal(representing Mr. ............................)281/5, 17th Cross, 8th Main,Sadashivanagar, Bangalore - 560 080

........ YearsOccupation -....................

Member

11. Mr. Ramdas235, 18th Cross, Sadashivanagar,Bangalore - 560 080

45 YearsOccupation -Advocate

Member

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JADE GARDEN PLOT OWNER'S ASSOCIATION (R)Admn. Office : # 1, Phase-II, Jade Garden, Sadahalli,

DevanahalliTaluk, Bangalore – 562 110Ph: 080-22712197, +91-9343045492


MANAGING COMMITTEE MEMBERS

Sl.No. Name

Occupation &Designation Address Photo

1. Mr. Vikram Diesh Hony. President Ho.No-759, Phase-IVJade GardenSadahalli VillageDevanhalli (T)Bangalore - 562 110Mob.: 98441 [email protected]

2. Mr. M. Gururaj Hony. Secretary No. 408, 2nd CrossJudges Layout,GanganagarBangalore - 560 032Mob.: 96866 [email protected]

3. Capt. R. Vishwanathan Hony. Treasurer 26 Jal Vayu Vihar,Kalyan Nagar,Bangalore - 560 043Mob.: 98451 [email protected]

4. Dr. C.S. Chandrashekar Hony. Vice President 301, Adarsh Court,480, 7th Cross, 7th Block JayanagarBangalore - 560 082Mob.: 98450 [email protected]

5. Mr. Lakshminarayan Hony. Joint Secretary #530, Poolari, 1st Cross, 1st Main8th Block, Koramangala,Bangalore - 560 095Mob.: [email protected]

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Sl.No. Name

Occupation &Designation Address Photo

8. Mr. Rahul Mansabdar Committee Member No 408, 2nd CrossJudges Layout,GanganagarBangalore - 560 032Mob.: 95910 [email protected]

7. Capt. Khaleel Anwar Committee Member 2116, Sadqe Panjatan,IV Cross HRBR Layout, II BlockJayanagar,Bangalore - 560 043Mob.: 98451 [email protected]

9. Mr. Gurvinder Singh Committee Member # 226, Phase-III,Jade Garden,Sadahalli Post, Devanhalli (T)Bangalore - 562 110Mob.: 99673 [email protected]

10. Mr. S.V. Subramanya Committee Member 1057, 36 Cross, 28th Main, 4th 'T' Block, Jayanagar,Bangalore - 560 041Mob.: 98450 [email protected]

6. Capt. Raghubir SinghShekhawat

Committee Member #642, Phase-IV, Jade GardenSadahalli VillageDevanhalli (T)Bangalore - 562 110Mob.: 93425 [email protected]

11. Mr. Girish Kumar Committee Member A-108, Floriana Estate,53/2, Sarjapur Road,Koramangala, 3rd Block,Bangalore - 560 034Mob.: 98440 [email protected]

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MEMORANDUM OF ASSOCIATION(As registered under the Certificate of Registration, Sl.No.17/98-99

Issued by the Registrar of Societies, Karnataka)

1) REGISTERED OFFICE :

The registered office of the Association shall be situated at No.1, Phase 2, Jade Garden

Sadehalli, Devanahalli, Bangalore or at any other place/s as may be decided by the

Managing Committee with in the Layout.

2) JURISDICTION :

The area of jurisdiction of the Association shall be the Jade Garden Layout (inclusive of all the

Phases/ Annex, recreational and other facilities, clubs, and associated areas coming under

respective Panchayats)

3) AIMS AND OBJECTS :

The aims and object of the association shall be as follows:

(1) To take over from M/s. Raj Trust, M/s. R&M Trust, and any other associated developers

all the assets, Services, Finance, Documents etc. and manage the same in order to safe

guard and promote the interest of the members, As well as the assets of the jade garden

layout and to render services and carry out all the activities for the benefits of its

Members. To apply for the Licence`s to the various Statutory Authorities such as Sales

Tax Registrations, Service Tax, Vat Registration, Restaurant Licence, Liquor Licence

from Excise Department and any other permissions from the statutory bodies time to

time.

(2) To promote the welfare of the members of the association, through civic, social, cultural

and similar activities.

[3] To maintain the layout, plots owned by its members, common areas including facilities

and services such as roads, street lights, civic amenities ,sanitation, security,

recreational facilities, clubs etc and any other infrastructure/ services that may be

required from time to time

(4) To take effective steps for the maintenance and improvement of the environment and

aesthetic aspects of the area and its amenities.

[5] To ensure and take necessary steps as well as legal/administrative actions for an

orderly and disciplined growth of the layout, in keeping with first sale agreement/Deed

and Rules, Regulations, Bye-Laws etc issued by various Statutory Authorities from time

to time.

# 1, Phase-II, Jade Garden, Sadahalli, DevanahalliTaluk, Bangalore – 562 110Ph: 080-22712197, +91-9343045492


JADE GARDEN PLOT OWNER'S ASSOCIATION

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[6] To advise, coordinate; liaise etc with other private and statutory organizations as may be

necessary.

[7] To promote fulfillment of the common civic and social needs of members of the jade

garden layout, through representation ,meetings, negations /Interactions etc, with

concern government and other authorities, private individuals, Corporates,

Associations and other bodies etc , including M/s.Raj Trust and R&M Trust.

[8] To establish facilities for Senior Citizens.

[9] To institute, defend or compromise any legal proceedings in the name of the Association

and authorize the Secretary or the President to represent the Association in such

proceedings or any other member deemed necessary by the managing committee under

exceptional circumstance.

[10] To do all such acts, deeds and things as are incidental and necessary to attain and fulfill

the aims and objects mentioned above.

[11] Surplus arising from the conduct of any activities to fulfill the above Aims and objects

will be used for building the corpus exclusively for the benefit/activities of the

Association only. Under no circumstances, their shall be distribution of surplus to the

members.

RULES AND REGULATION

1) LOCATION :

The registered office of the Association shall be situated at Plot No.EE8, Jade Garden,

Sadahalli Village, Devanahalli Taluk, Bangalore Rural District - 562 110

2) DEFINITIONS AND INTERPRETATION:

(a) "Rules and Regulations" and/or "bye-laws" shall mean Rules and Regulations of the

Jade Garden Plot Owners Welfare Association herein contained or as amended, altered

or substituted from time to time.

(b) The word "Association" wherever under context shall mean "The Jade Garden Plot

Owners Welfare Association".

(c) "The Act" shall mean the Karnataka Societies Registration Act, 1960.

(d) "Member" shall mean a member of the Association, whose name is entered in the

Membership Register, in accordance with the Rules and Regulations of the Association.

(e) "Memorandum" shall mean "The Memorandum of Association" of the Jade Garden Plot

Owners Welfare Association.

(f) Words importing the masculine gender shall include the feminine.

(g) "Sale Agreement" shall mean the agreement of sale entered into between an owner of a

plot/Villa/Row house in any of the phases of the Jade Garden layout with M/s Raj Trust

and M/s R&M Trust and shall include all terms and conditions contained therein.

(h) "Sale Deed" shall mean the deed of sale or conveyance executed and duly registered by

M/s Raj Trust and M/s R&M Trust in favor of an owner of a plot/Villa/Row House in

any of the phases of Jade Garden layout and shall include all terms and conditions

contained therein.

(i) "Plot Owner" shall mean the present owner of a plot/Villa/Row house in any of the

phases of the Jade Garden layout in whose favor a registered Sale Deed has been

executed by M/s Raj Trust and M/s R&M Trust or by any succeeding owner/s who can

trace his/their title to the original owners/developers viz., M/s Raj Trust and M/s

R&M Trust.

3) MEMBERSHIP :

(i) A person who has attained the age of 18 years and who is an owner of a vacant plot, row

house or a villa/bungalow in the Jade Garden Layout shall compulsorily become a

member of the Association incompliance with the covenant in the first sale deed

executed by the vendor/promoter & developer of the project 'JADE GARDEN'

through which property was purchased by the said person in Jade Garden. And, the

same is binding on all subsequent purchasers/owners of the property in Jade Garden.

(ii ) The plot owner shall pay Rs. 2000/- a one time subscription towards his membership to

the association. The said subscription amount is not transferable and not refundable .

This shall come into effect from the financial year 2009-10.

(iii) On transfer of the plot/house/the property to another person by sale or inheritance or

gift or in any other manner every new owner of the property shall pay Rs. 2000/- to the

association towards his membership subscription.

(iv) The member shall pay maintenance charges to the association towards the expenses for

the . maintenance of common areas and common facilities including street lights,

security, repairs, replacements, further developments, improvements etc. at a rate and

frequency that may be fixed from time to time by the Managing Committee of the

Association.

(v) A Member desirous of transferring the ownership of his/her plot/house/row

house/villa/property by selling or otherwise in Jade Garden shall inform the

association in writing of such transfer and must obtain a "NO-DUE & a NO-

OBJECTION" certificate from the Association prior to such transfer. A 1nmsfer fee shall

be paid by the member or the purchaser as the case may be to the Association at a rate

and frequency that may be fixed from time to time by the Managing Committee.

Membership shall terminate in the event of a sale/transfer or assignment of plot! Row

house or the property in Jade Garden and the new owner shall become member of the

Association and be bound by these rules & regulations.

3A) RESPONSIBILITY AND CONDUCT OF PLOT OWNERS :

(a) Every Plot Owner :- shall within 30 days of purchase of a plot/s in any phase of the

Jade Garden layout, become a Member of the Association by paying the requisite

subscription fee as determined from time to time;

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(b) shall pay the maintenance and other charges levied by the Association within such time

period and at such rates as may be determined by the Managing Committee of the

Association;

(c) shall abide by and be bound by the bye laws/rules and regulations of the Association,

as may be amended from time to time;

(d) shall abide by and be bound by every term and condition contained in their respective

Sale Agreement and the Sale Deed and shall also ensure that the binding nature thereof

be made applicable to every successive purchaser by insertion of suitable clauses in

their documentation;

(e) shall use the Plot/Villa/Row house that he/they own in any phase of the Jade Garden

layout for residential purposes only and shall not permit any non-residential or other

usage therein;

(f) shall ensure that the original dimension and area of the plot/s, as shown/depicted in

the original layout plan/s approved by the original layout plan/s approved by the

Kannamangala Village Panchayats, purchased by them shall be left unchanged and

without any physical sub division thereof, under any circumstances."

3B) TERMS AND CONDITIONS RELATING TO CONSTRUCTION OF

RESIDENTIAL HOUSE :

Every Plot Onwer :-

(a) shall abide and strictly adhere/comply with the rules, terms and conditions relating to

the construction of a residential house as contained in the Sale Agreement and Sale

Deed and shall ensure that the residential house constructed by the Plot Owner shall be

done without any violation or deviation there from;

(b) shall prepare and obtain sanction of a building plan, keeping in mind the conditions

and restrictions of the Sale Agreement and Sale Deed and applicable building bye laws,

if any, and get the same sanctioned/approved by the concerned local authority prior to

commencement of any construction activity;

(c) shall abide and strictly adhere/comply with the applicable building by laws, if any,

and the sanction/approved building plan relating to the construction of a residential

house and shall ensure that the residential house constructed by the Plot Owner shall

be done without any violation or deviation there from;

(d) Shall in addition to the above and as a pre-condition prior to commencement of any

construction activity submit a copy of the sanctioned/approved building plan to the

Association and get its No Objection in this regard. The Association either through the

Managing Committee or an independent professional appointed for this purpose shall

be entitled to scrutinize the same and verify compliance of the building plan vis-a-vis

the applicable building bye laws and terms and conditions of the Sale Agreement and

Sale Deed within 15 days. In case of any violation or deviation is noticed in this regard,

the Association shall be unconditionally empowered to demand corrections and

alterations to be made by the Plot Owner at his cost and then only proceed with

construction after following all formalities;

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(e) Shall, notwithstanding anything contained elsewhere or in any other law, be subject to

the directions and superintendence of the Association in all matters relating to

construction of a residential house."

3C) PLOT OWNER'S DEFAULTS :

(a) The following omissions and commissions of any Plot Owner shall be deemed to be a

default:-

(i) Not becoming a member of the Association despite being a Plot Owner;

(ii) Non-compliance of any of the rules and regulations of the Association including

those contained in bye law 3, 3A, 3B, 3C, 14, etc.

(b) The Managing Committee shall be empowered to take the following action and or

impose the following penalties :

(i) In the event of non-payment of maintenance charges and other dues, to impose

interest on all such overdue payments upon Plot Owner/s at the rate of 20% per

annum;

(ii) In the event of failure to become a Member, to stop services, refuse No Objection

for construction, sale, etc., collect subscription and all past dues along with

interest at the rate of 20% per annum, restrict facilities to the Plot/Villa/Row

house and use of Club House and take such other action as may be deemed fit;

(iii) In the event of violation/non-compliance of terms and conditions of the Sale

Agreement and Sale Deed, local statutory rules, etc., relating to use of plot,

construction, etc., take suitable action to enforce such rules and regulations,

including restraining further activity and or construction on the Plot, impose

financial penalty, demand compliance and seek demolition, if any, to ensure

rectification and/or take such further action as may be deemed fit under the

circumstances of each case;

(iv) To take all or any action, including recourse to legal proceedings to enforce

compliance of the bye laws/rules and regulations of the Association.

4) GENERAL BODY :

(a) The General Body shall consists of all the members who own a plot or a house or a villa

in the Jade Garden layout and have become members and paid their subscriptions /

dues etc. to the Association.

(b) The Managing Committee, shall consist of 11 persons will be elected in the annual

general meeting by show of hands or by conducting election if required, henceforth

referred to as the 'MANAGING COMMITTEE' to carry out the day-to-day

administration of affairs of the Association and to represent the- Association in all

matters. Such elected members shall elect the President, a Secretary, a Joint Secretary

and a Treasurer as 'Office Bearers' others remain as managing committee members.

(c) The Managing Committee shall hold office for a period of THREE (3) YEARS.

(d) The General Body Meeting of the Association shall be as per Karnataka Societies

Registration act, 1960. The General Body Meeting shall be held within 9 Months after

the closure of financial year that is before December every year.

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(e) Meeting notice regarding this meeting shall be sent to all the members 21 days before

the date of Meeting.

(f) The general body meeting shall be held at Registered Office or at any other place as the

Managing Committee may decide from time to time.

(g) Notice given to the duly authorized representatives nominated by a member shall be

deemed as notice given to the member.

(h) The Quorum for the general Body Meeting shall be not less than 1/3 rd (one third ) of

the total Members of the Association present and eligible to vote.

(i) In the event the required Quorum is not available the Meeting will stand adjourned by

30 minutes on the same day. If however, there is no quorum even at the adjourned

meeting, the number of members present shall form the quorum and the meeting shall

be proceeded with.

(j) Every Member shall have a right to cast one vote in the General Body meeting

irrespective of the number of plot/row house / villa owned in, Jade Garden, provided

all dues to the Association have been paid as on the date of the meeting.

(k) The results shall be, declared by a majority of the votes obtained by each candidate.

th(l) After the annual general meeting of the association on or before the 14 day of meeting,

the Association will file with the registrar of Societies the list of names and addresses

and occupation of the members of the managing committee and also file the audited

Balance Sheet and income and Expenditure account.

(m) The following business shall be transacted at the Annual General Body Meeting :

(1) To consider and adopt the annual report and audited statement of accounts of the

previous years.

(2) To consider and approve the budget provision for the ensuring year and also to

approach the previous year actually budget.

(3) To elect members to the managing Committee once in three years.

(4) To pass resolutions.

(5) Appointment of Statutory Auditors.

(6) To take up any other business with the permission of the chair.

5) SPECIAL GENERAL BODY MEETING :

(1) A Special General Body Meeting may be convened at any time giving not less than 21

days notice to all Members, by the requisition of the Managing Committee of the

Association or not less than such number of Members constituting atleast 10% of the

total strength of membership of the Association, by stating the business that is required

to be transacted at such Special General Body Meeting.

(2) Quorum, Voting, Resolutions, Proceedings, methods etc. shall be as described above in

the provisions made under General Body Meetings.

(3) The following business shall be transacted at the Special General Body Meetings:

(a) To amend Rules Regulations.

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(b) Specific Businesses that normally not covered in the Annual General Body

Meetings.

(c) Resolutions passed and Amendments of the Rules & Regulations have to be

passed by not less than 2/3 of the members present.

6) MANAGING COMMITTEE :

(a) The management of the Association shall vest with a Managing Committee consisting

of 11 persons. Managing Committee Members will be elected from amongst the

Members of the Association by the General Body, once in every three (3) years and this

shall be effective from the first elected body after the date of amendment.

(b) The Managing Committee will elect a President, a Secretary, a Joint Secretary and a

Treasurer as 'Office Bearers' from among themselves to hold office during the tenure of

that particular Managing Committee. The immediate Past President shall be the ex-

officio member of the incoming Managing Committee.

(c) The members of the Managing Committee shall be eligible for re-election.

(d) No Member shall be eligible to stand for election to the Managing Committee unless

he/she has been the owner of the vacant plot/row house/villa/bungalow/ property

in the Jade Garden at-least for a period of ONE YEAR.

(e) The term of such ex member shall be for the remaining term of the managing committee

of the Association.

(f) Any short fall In the event of death, disqualification or resignation of any of the Office

Bearers the committee shall elect from amongst themselves to fill in the vacancy for the

remaining term of the managing committee of the Association.

(g) In the event of death, disqualification or resignation of any of the 'Managing

Committee Member' remaining members in the committee shall nominate member/s

to fill in the vacancy in the committee from amongst the members of the association for

the remainder of the term.

(h) Managing Committee may invite to their meetings not more than two specialists/

experts who may be non-members of the Association whose presence in the

deliberations is considered useful.

(i) An elected Managing 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, but a

resignation shall take effect from the date of the acceptance by the Managing

Committee or one month from tendering of resignation, whichever is earlier.

(j) If a Managing Committee Member is absent himself from three consecutive meetings of

the Managing Committee (including postponed meeting) without prior intimation, he

shall cease to be a member of the Managing Committee, unless the Managing

Committee decides otherwise.

(k) There shall be at least six or more meetings of the Managing Committee every year.

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(l) The Quorum for meeting of the Managing Committee shall not be less than 1/3 (one

third) members.

(m) Every issue before the Managing Committee shall be decided by a simple majority of

the managing Committee members present and in case of a tie matter, the president

may exercise his casting vote.

7) MANAGING COMMITTEE :Duties & Powers

a) The Managing Committee shall hold office for a period of Three (3) years

b) To nominate, co-opt members or fill-up vacancies that may arise in the Managing Committee as a member of the Managing Committee or nominate a member / professional as a "Special Permanent Invitee" to attend the Managing Committee Meetings and avail his/her services as required by the committee.

c) To administer the affairs and properties of the Association and incur expenditure therefore of.

d) To institute, defend or compromise any legal proceedings in the name of the Association and authorise the Secretary or the President to represent the Association in such proceedings.

e) To do all those acts, deeds and things and take necessary steps and action, that may not be specifically mention herein, for the achievement of the objectives of the Association.

t) To collect, membership fees, subscription fee, donations, gifts, endowments, proceeds, properties, benefits, etc. for the achievement of its objectives and for the promotion and development thereof.

g) To constitute sub-committees and delegate any of the work/s of the Managing Committee thereto and to lay down guidelines and duties for such sub-committees to function within. At least one of the office bearers of the Managing Committee shall be an ex-officio member of each sub-committee.

h) To frame, amend, alter, etc. rules and regulations for the effective management and control of the Association and its activities, that are not inconsistent with these presents and not in derogation of the objectives of the Association, including prescribing powers and duties of office bearers and other functionaries of the Association.

i) To withdraw services, maintenance and other privileges to Members/plot owners in the event he/she/it/they have not complied with the rules and regulations of the association or found guilty of violating the above rules and regulations.

j) To open bank accounts in such Bank/s that its deems fit, operate the same and manage the funds and properties of the Association and to present duly audited accounts at the Annual General Body Meetings.

k) To publish annual accounts and balance sheets.

l) To arrange for investment of the surplus funds of the Association.

m) To appoint, suspend, dismiss, take or arrange to take disciplinary action against staff/employees of the Association, to prescribe and lay down service regulations for employees, fix remuneration, perks, etc. and control the entire staff.

n) To arrange for auditing of the accounts of the Association and arrange to draw up financial statements, balance sheets, etc. is accordance with standard principles.

o) To appoint chartered accountants, cost accountants etc. for internal auditing, advocates, tax consultants and such other professional and pay them required fee to enable due compliances and attainment of the objectives of the Association.

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p) To publish newsletters, leaflets, journals, brochures, etc. or on websites as deemed fit in furtherance of its objectives.

q) To write to the Sub-Registrar/Village Panchayat or any other such authorities to

request them not to execute transfer/alienate the properties in Jade Garden Layout

without an official "NO OBJECTION" letter from the association .

r) The Managing Committee shall duly minute all meetings of the Association, Managing

Committee and sub-committee, keep proper accounts and ensure that they are audited

by a qualified chartered accountant appointed at every annual general body meeting.

s) The Managing Committee shall if required may delegate powers to the 'Office Bearers'

as and when required to attend to specific day today functions.

t) The Managing Committee shall be the ultimate authority on all matters relating to the

administration of the Association.

8) MEETINGS OF THE MANAGING COMMITTEE :

a) The Managing Committee shall ordinarily meet once in a month or as often as deemed

necessary. The president in his absence anyone of the committee member shall preside

over the meeting.

b) Eight days notice shall be given for members of the Managing Committee to convene

the meetings. However in matters of great urgency or exigencies the meeting may be

called at a shorter notice by informing over telephone or verbally without notice.

c) All decisions on the subject before the committee shall be decided by a simple majority

of votes of members present including the President, the Secretary, the joint Secretary

and the Treasurer.

d) For all matters which are not specifically provided herein, the provisions of the

Karnataka Societies Registration Act, 1961 and the Rules made there under shall apply.

e) The Quorum for meeting of the Managing Committee shall be not less than shall be not

less than 1/3 rd members.

f) Every issue before the Managing Committee shall be decided by a simple majority of

the managing Committee members present and in case of a tie matter, the president

may exercise his casting vote.

g) The office bearers shall be responsible for conducting the day-to-day affairs of the

Association as per the powers and duties provided in this rules.

9) POWERS AND DUTIES OF THE PRESIDENT :

The president shall have general control over all the affairs of the Association and shall have

the following powers and duties :

a) To preside over and conduct the meetings of the Managing Committee and to vote on

all occasions. In the event of equality of the votes he has the right to exercise his casting

vote.

b) To direct, guide and supervise the working of the Association.

c) To lead all delegations.

10) POWERS AND DUTIES OF THE SECRETARY :

Subject to the general direction of the President and the Managing Committee, The Secretary

shall conduct all functions including the following duties :

15

a) To look after the day-to-dayadministration of the Association.

b) To implement the decision of the Managing Committee.

c) To convene meetings of the Managing Committee and keep proper records of all the

proceedings of the meetings.

d) To sign on behalf of the Association and conduct all correspondence deemed necessary

on behalf of the Association.

e) To be ex-officio member of the Sub-Committees formed by the Managing Committee.

f) The review periodically the suggestions recorded by the members of the Association in

the suggestion book to be kept in the premises of the Association and place such

suggestion before the Managing Committee at its monthly meeting for action, if any.

Action taken on suggestions shall be recorded by the Secretary in the remarks column

on the suggestion book.

g) To represent the Association in all legal maters relevant to the Association and with the

specific approval of the Managing Committee.

h) He shall also be the person to enter into contracts approved by he Managing Committee

and representing the Association.

i) To represent in the meetings of other Associations, Institutions etc., if invited, with the

prior approval of the President or the Managing Committee.

j) To arrange for the conduct of activities of the Association and perform all duties

entrusted to him by the Managing Committee.

k) The Secretary shall prepare and send notices of Managing Committee meetings to the

Managing Committee Members, General Body Meeting to all members and any other

notices or intimations regarding the day-to-day affairs of the Association to all

members.

l) The Secretary shall record and place the minutes of the Managing Committee.

m) The Secretary shall be authorized to deal with correspondence with the Registrar of

Societies and all other persons and Government Statutory Authorities.

n) The Secretary shall maintain the register of members, the minutes books and shall

maintain files pertaining to correspondence, documents and other relevant records.

o) To exercise administrative control over the staff of the Association and to take

disciplinary action as and when needed in consultation with the Managing Committee.

11) POWERS AND DUTIES OF THE TREASURER : a) To ensure maintenance of the prescribed accounts and registers correctly up to date.

b) To arrange for proper maintenance and safe custody of all the documents and other

properties. .

c) The receive and make payments of all bills sanctioned by the Managing Committee/

President/ Secretary-as per their delegated powers.

d) To receive all fees, subscriptions, Levis, contribution, etc., and to pass appropriate

receipts for the same.

e) To maintain receipts and vouchers and other books of accounts properly and up to

date.

f) To prepare receipts and payments accounts every month and place before the

Managing Committee meeting, bringing out any salient points like out-standing

subscriptions, etc.,

16

g) Arrange to get books and accounts and statements of the accounts audited by the

Chartered Accountant, approved by the Managing Committee.

h) To perform such other duties as may be entrusted to him by the Managing Committee.

i) Shall maintain petty cash for meetings & immediate necessities as determined by the

Managing Committee from time to time.

12) POWERS AND DUTIES OF THE JOINT SECRETARY :

Shall assist the Secretary in his work & shall coordinate with the other office bearers and

contribute for achieving the objectives of Managing Committee. He shall also accept

responsibilities / duties as decided by the Managing Committee from time to time.

13) FUNDS AND ACCOUNTS :

a) All monetary and physical assets of the Association shall be derived from:

i. Maintenance Charges paid by the members.

ii. Membership fees.

iii. Contingency fund collected from the plot owners.

iv. Penalties / Interest etc, collected from the members for the delayed payments.

v. Money or physical assets as may be contributed, gifted, donated or bequeathed by

any person, firm or company, State or central Government or their agencies, other

authorities, to the Association.

vi. All income, including interest on Fixed Deposits, dividend, bonus, etc., arising out

of the Association Bank Accounts, Investments, etc.

vii. All physical assets that may be purchased or acquired from out of the above stated

funds or otherwise acquired by the Association.

viii. All funds/assets of the Association may be held in the name of the Association.

b) The funds of the Association shall be invested modes specified under the provisions of

Sections one three (1) (d) read with Section 11 (5) of the I. T .Act., 1961 as amended from

time to time.

c) There shall be regular maintenance of all accounts of the Association. The accounts

shall be audited by the Statutory Auditors every year. The Accounts will be closed

every year by 31 st march. The funds of the Association shall be kept in a Scheduled

Bank in the name of 'Jade Garden Plot Owners Welfare Association' and jointly

operated by two of the following,

1) The President

2) The Secretary

14) SALE OF PLOT/ROW HOUSES :

a) The member/plot owner proposing to sell or other transfer his/her/its plot/house in

Jade Garden Layout shall get a prior no-due certificates from the Association after

settling all dues, if any to the Association. The Association shall not be obliged to give

these certificates if the Member has not settled dues and or is in breach of any of these

rules and regulation, which have not been cured.

17

b) In the event of the Plots/houses/property sold or transferred to another person or

firm/company in any manner the member/owner of the plot shall pay a transfer fee of

Rs.1=00 per Sq.Ft. of land or such other rate prescribed by the Managing Committee

from time to time and the same shall be remitted to the Association by the owner of the

plot/house at the time of applying for the NO DUE CERTIFICATE' as aforesaid. Such

transfer fee shall not be payable if the transfer of the plot is sought to be effected under

WILL or "intestate succession" to the spouse or children upon the death of the member.

However the other rules regarding obtaining the NO DUE CERTIFICATE' from the

association shall apply.

c) Notwithstanding anything contained elsewhere, in the event the plot Owner/Member

fails to pay the said amount the Purchaser of the plot/property i.e., the new owner of

the plot/house is liable to pay the same including any dues if any, etc. of the previous

owner.

The Member who has sold the plot shall from the date of the sale cease to be a Member of the

Association and the purchaser shall become a Member of the Association within a period of

30 days there from with retrospective date.

15) GENERAL :

a) Alteration or amendments to the memorandum of Association shall be made as per

Section 9 of the Karnataka Societies Registration at, 1960.

b) Change of name, Rules and Regulations shall be made as per Section 9 of the Karnataka

Societies Registration at, 1960.

c) In the event of dissolution or winding of the Society, the assets remaining as on he date

dissolution shall under no circumstances be distributed among the members of he

managing Committee/Governing Body. The same shall be transferred to another

charitable society whose objects are similar to those of this Society and which enjoys

recognition under Sec.80 G of the I.T. at 1961, as amended from time to time.

d) The benefits of the society shall be open to all irrespective cost, creed or religion or

gender.

e) The funds and income of the Society shall be solely utilized for the achievement of the

objects and no portion of it shall be utilized for payments to members by way of profit,

interest, dividend etc.,

f) For matters which have not been specified provided therein above, the provisions of

the KSR.Act. 1960 Rules and Regulations made there under shall apply.

16) ACCOUNTING YEAR :stThe accounting year of the Association shall be the financial year, from 1 April of the

stpresent year and 31 March of the succeeding year.

For all things and matters which have not been specifically provided for herein above, the

provisions of the Karnataka Societies Registration Act, 1960 and Rules and Regulations

made there under shall apply.

18

17)

The Association shall hereby indemnify and hold indemnified and harmless all the office

bearers ad other members of the Association against all costs, losses, injury, damages,

claims, proceedings, etc., incurred or suffered by them in the course of their discharge of

official duties on behalf of the Association. No office bearer or other member acting in

his/her official capacity for the Association, shall be personally liable for any or all acts,

deeds and things done lawfully in pursuance of the duties and powers vested to them under

these presents."

18) OFFICE WORKING HOURS :

Working Hours of the Association Office shall be between 9.30 a.m. to 1 p.m. and from

1.30 p.m. to 5.30 p.m.

IDEMNITY :

19

—Sd—

M. GururajHon. Secretary

Sri. ……......................................……..

………………………….....................

………………………….....................

………………………….....................

To:

The Returning officer for the Election of managing committee membersJade Garden Plot owners' Association for the Term .............................

Sir,

Sub: Election of managing committee members to the Jade Garden Plot owners' Association for the Term ...........................

Ref: Proxy Form sent by Sri. ____________________, Plot No._____, Phase ___

*******

Dear Sir,

Sri. ………………………………, owner of the above referred Plot / house in Jade Garden

Layout, has appointed me as the proxy member to vote in his name and on his behalf in the

above mentioned election. I am enclosing herewith a copy of the proxy Form duly signed by the

member which is downloaded by me from the internet for your reference. And, I hereby

undertake that I will be held responsible in the event if there being any claim regarding

authorization given to me by the above said member.

You may kindly rely upon this letter and permit me to cast vote on behalf of the above said

member.

From:

20

Your's faithfully,

PROXY FORM / LETTER OF AUTHORISATION

To:The Returning officer for the Election of managing committee membersJade Garden Plot owners' Association for the Term ........................

Sir,Reg: Appointment of proxy by eligible member to give vote.

I Sri……………...............................………….. S/o …………..............………….., aged about

……..............……years residing at ………………………...................................………………

…………………………………………………............................................……………………..am an eligible member and I am entitled to appoint proxy member who is eligible otherwise to

vote on my behalf. As I am unable to personally come and vote to elect members for the managing

committee of Jade Garden Plot owners' Association, I hereby appoint,

Sri. …………………..…………...................….., S/o …………………...................….…………..

aged about …….............…..years who is also the member of the Jade Garden Plot owners' Association as my proxy to vote on my behalf and in my name in the election for the Management

Committee of the for the term ...............................

Note: This letter is sent to Jade Garden Association Office to be given to the Returning Officer and a copy of this letter has been sent to the above named Proxy Voter. In the event the letter sent to association office does not reach or lost, the copy of this letter sent to the above named Proxy Voter if presented by him to the Returning Officer shall be considered as a valid authorization.

Signature of the Member

Authorizing the Proxy Voter

Plot No: ………, Phase …..…

Signature of the voter

Plot No……, Phase ……

Address………….......….

From:

………………………….....................

………………………….....................

………………………….....................

……......................................……..

21

To:The Returning officer C/o. Jade Garden Plot owners' AssociationNo. 1, Jade Garden, Phase II,Sadehalli Post, Devanahalli Taluk,Bangalore - 562 110.([email protected])

Sub : Proxy voting in the Election to be held on .............. for electing The Managing Committee members of Jade Garden Plot Owners Association

for the Term ................ (for the period of 3 years).

Dear Sir,

I am presently residing at .............................................................................................

I am the owner of Plot/House No................, in phase.............., of Jade Garden Layout, Sadahalli Post, Devanahalli Taluk, Bangalore - 562 110.

I am the member of the Jade Garden Plot Owners Assocation, Sadahalli, Devanahalli Taluk, Bangalore - 562 110 and I am eligible to vote in the election to be held on ................. As I am not in a position to come down to Bangalore and cannot vote in the election on .......................... in person and therefore, I request your good self to permit me to vote in the Election through my friend, who is also the member of the Jade Garden Plot Owners Association as proxy on my behalf whose details are furnished hereunder.

1. Name of the Proxy : ................................................................................................

2. House No. : ...........................................................................................................

I am also sending copies of this letter to Sri .................................................................... who is my proxy to the .................................. of Jade Garden Plot Owners Association, Sadahalli, Devanahalli Taluk, Bangalore.

In the event of this letter not being available to the proxy for any reason you may kindly permit the proxy to vote on my behalf based on the email sent to you and also to Honorary Secretary of Jade Garden Plot Owners Assocation. In that event I would be having no claim against the Association for permitting to proxy to vote on my behalf held on ................... This email communication / request / authorization is authentic and to be honored even without my signature.

Thanking you sir,

From:

………………………….....................

………………………….....................

………………………….....................

……......................................……..

(Signature of Proxy) (Signature of the Voter)

22

Dear Member / Plot Owner,

It has come to the knowledge of the Managing Committee that some plot owners are selling

their plots without giving information to the Association thereby trying to evade payment of

'Transfer Fee' of Re.1/- per Sq.ft. Unaware of this, the purchaser ends up paying the transfer fee

and in some instances do not enroll as members and not paying the Annual Maintenance charges

too.

Therefore,

1) All plot owners of the Jade Garden are hereby informed that at the time of

selling/transferring the ownership of their plot/house, the plot owner must notify the

Hon. Secretary in writing about the sale of the property.

2) Pay the 'Transfer Fee' at the rate of 'Re1/- per Sq.ft. of his plot area without any

exception. Defaulting to do so, the Association shall collect Interest @ 15% PA.

3) The seller shall also note to furnish contact details of the purchaser and keep the

purchaser informed of the discipline and the regulations of the Association shall be

binding on the plot owners.

4) It is advised that the plot owner introduce the purchaser to the office bearer/s and give

him a copy of the Association Bye-Laws.

5) It is mandatory on the part of the plot owner that he/she/it should obtain

'NO OBJECTION LETTER' and 'NO DUE CERTIFICATE' from the Association before

they actually alienate their property.

6) Offices of the Sub-Registrar and Panchayat offices are informed not to register the

property/effect the change of Khatha in favor of the purchaser without the

'NO OBJECTION LETTER' and 'NO DUE CERTIFICATE', from JGPOA.

7) In the event of violation of any of the above, the Association may initiate such action

against the owner (Seller or Purchaser) as needed.

We request the plot owners to strengthen the hands of your Association by adhering to the

guidelines and co-operate.

- sd –M. GURURAJ

Hon. SECRETARY

CIRCULAR

JGPOA/Circular – 1/NOC/09 Date: 04.04.2009

Sub: 'No Objection and No Dues Letter' from the Associationbefore Sale or purchase of vacant plots/house.

23


Managing Committee welcomes plot owners to construct their dream home in Jade Garden

and encourage & support the plot owners to come & live in the houses or rent it out to families to

live. It has come to the knowledge of the Managing Committee that a few owners of row-houses

in the Jade Garden have let-out their premises and the tenants are using the same for commercial

activities. The Managing Committee would like to remind the plot owners that Jade Garden

Layout has been developed exclusively for residential purpose only. The houses/premises built

in Jade Garden are not to be used like service apartment, hotel or for any commercial business

activity. If allowed to do so, the sanctity of this prestigious and beautiful residential layout will

become a commercial hub of lodges, guest houses and may give room for all sorts of illegal/

undesired activities. In view of the same and in line with the good reputation of the Jade Garden

which all plot owners are concerned, the Managing Committee has formed certain rules,

regulations, restrictions & guidelines which will eventually be included in the byelaws of the

Association. Plot owners are kindly requested to go through the following guidelines and adhere

to the same in the general interest of all.

GUIDELINES TO PLOT OWNERS : I. Plot owners shall note that the house/s in Jade Garden are meant for residential

accommodation only and not for running a business or such activities. II. Plot owners shall notify the Association in writing about the tenants when they are let-ing

out their premises.III. The passport size photos and other details of their tenants including contact details to be

furnished to the Association office. IV. Plot owners shall keep the tenants informed that the byelaws, the rules/regulations of the

Association formed from time to time is binding on the tenants too and that the tenants shall not do any such act, deed or things that may lead to or cause disturbance in the neighborhood. Owners shall inform their tenants that their premise in Jade Garden shall not be used like service apartment, hotel or for any commercial business activity. The Owner of the house shall include these clauses in their lease deed / agreement with the tenants.

If the Managing Committee receives complaints against the tenants for violations and causing disturbance/nuisance, it shall be the responsibility of the owners to evacuate the tenants/persons from the premises failing which the Association will initiate necessary steps. It is reiterated that the premises/house shall be used only for residential accommodation and that the tenants or the owners shall in no way use the premises for business or any such activities that be may become objectionable.

- sd –M. GURURAJ

Hon. SECRETARY

CIRCULAR

JGPOA/Circular – 2/Renting(1)/09 Date: 04.04.2009

Reg: Letting / Renting-out of Premises by Plot Owners

24


stIn the recently held Annual General Body Meeting on 1 March 2009, questions were raised

on violations of norms in the construction of residential buildings in Jade Garden. Members

pointed out that some plot owner have and are violating the norms prescribed in the 'Sale Deed'

(first sale deed executed by the promoters/developers) which are binding on all the plot owners.

While the Managing Committee welcomes and encourages the plot owners to build their dream

home in Jade Garden and make it a beautiful residential locality, the Committee also cautions the

plot owners to take cognizance of the norms/restrictions binding on them in the original sale

deed. The byelaws of the association which was approved & passed by the Extra Ordinary

General Body Meeting has been defined for more clarity/understanding. We request the plot

owners to take note of the architecture & design as conceived by the promoters of the 'Jade

Garden Layout' and the regulations framed accordingly which is binding on all plot owners of

Jade Garden.

Therefore, we advise that the following guidelines are to be kept in mind at the time of

commencement of construction of the building in Jade Garden. Please feel free to contact the

Association office / Hon. Secretary for any further clarifications on the matter.

Guidelines to plot owners who intend to construct their house :

a) Plot owner shall meet the office bearers with a copy of the sanctioned plan before

commencing the construction. The date of the forth-coming meeting may be obtained from

the Jade Garden Office.

b) Plot owner should inform the association in writing about his intention to construct his

house and furnish the name of the person (contact details) who shall be in charge of the

construction to enable the association for communications if any, to issue ID cards to

workers and also to inform the security personnel. Plot owner shall also mention in his

letter that the proposed building shall be a single dwelling unit purely for residential use

and the same shall not be used or let-out for commercial purposes like service apartments,

lodging, office premises or any type of commercial activities.

However, please note the plot owner is at liberty to let-out or rent the house for residential

accommodation only. In such event, the plot owner shall inform the association office (in

writing) the details of the tenant/persons occupying the premises so that security be

informed accordingly for issue of ID cards.

c) A copy of the building plan sanctioned by the appropriate authority should be furnished to

the Association before commencement of the works.

CIRCULAR

JGPOA/Circular – 3/const.(1)/09 Date: 04.04.2009

Ref: Annual General Body MeetingSub: Construction of house/Building in Jade Garden.

25

d) The house building so constructed shall not be more than ground and one upper floor.

e) Suitable I.S.I. approved septic tank of adequate capacity to be located at least 3 meters away

from the neighboring property.

f) Compound wall should not be constructed. However, decorative plants, hedges or a fence

may be Erected to define the boundaries of their property.

g) Certain portion of the plot is identified as a 'GREEN BELT AREA' in Phase-I of the layout

(refer Your sale deed/plan copy). Green belt area though is part & parcel of the plot and is

situated within the Boundary of the plot purchased; no building or construction is allowed

in this area. The notified green belt area may be used as garden.

h) During the construction of the house and until it is completed it shall be the responsibility of

the plot Owner to keep the surroundings clean and shall not cause any nuisance to the

neighbors. The debris/garbage/waste materials should be removed periodically (within

three days) from the area at their own cost to avoid any inconvenience to the neighbors.

Construction work should be carried out without causing disturbance / destruction of the

garden/plants in the vicinity. Building materials like sand, jelly (stone), debris or any other

materials should not be put on the roads/ footpath. Plot owners shall make their own

arrangement of water for construction purposes. On completion of the building,

Association will permit connection of the water line (of the layout) for the domestic

consumption.

i) Road digging is to be avoided. If it is inevitable to do so, they may do so after intimating the

association office in writing and shall pay towards the road repair charges as decided by the

Association.

j) Plot owners shall instruct their construction workers not to loiter or wander around in the

layout for security reasons. If construction workers are found to be wandering in the layout

the security shall warn them to desist from such practice & if found violating again the

security is empowered to send such labourers/ workers out of the layout.

k) It is reported that the construction workers are using the neighboring vacant plots for their

daily nature calls. The plot owners of these plots have complained about these miss uses to

the association & questioned the association on their cleaned maintenance of their plots.

Therefore the plot owners intending to construct house/ building shall first build toilet

facilities to their workers including a septic tank within their boundary of the plot. The plot

owners shall strictly instruct their construction workers not to use vacant plots/ parks or

any other general area in the layout for their nature calls.

Violation of the regulations will attract stringent action which may lead to stopping of the

construction, demolition of un-authorized construction, levying of fine and/or filing a civil case

against the construction, as the case may be. For any further clarifications & doubts please feel

free to contact the Hon. Secretary, Mr. M. Gururaj.

- sd –M. GURURAJ

Hon. SECRETARY

26


The Managing Committee has been receiving complaints from the residents about the thefts

and trespassers in the Jade Garden Layout. Security personnel have reported that it has been very

difficult to restrict un-known/un-identified persons entering the Jade Garden. Many people

whose identity and purpose cannot be established come to Jade Garden without authorization or

identification. Some come to Jade Garden as visitors to the residents/houses, some as

laborer/workmen of house under construction and some try to enter Jade Garden giving reasons

like inspection of the plots/houses and some just to look around in Jade Garden etc. Also, real

estate agents frequent with their clients in to the Jade Garden Premises taking the names of the

plot owners to show the vacant plots which they claim to be for sale without proper

authorization.

In order to keep track of the identification of the persons residing/living in the layout and

the movement of others in & out of 'Jade Garden Layout' the Managing Committee has decided to

issue ID cards to all those concerned without which no person shall be allowed to enter inside or

stay in the layout. Plot owners are hereby requested to furnish photos and detail of their

caretakers to the Association office so that photo ID's can be issued to them.

It is quiet difficult for the security even to identify the plot owners as well and resident

caretakers / watchmen who are replaced frequently by the owners. In order to restrict un-

solicited persons from entering the Jade Garden and to keep record of the movements of the plot

owners/caretakers/visitors “in and out” of the Jade Garden and as a security measure following

steps have been initiated.

(1) 'Movement Register' is introduced at the entrances of the layout to record necessary details of

the visitors who enter the Jade Garden Layout. Visitor shall enter his name, purpose and his

telephone number and affix his signature in the register. The visitor shall follow this

procedure every time he/she enters the Jade Garden irrespective of number of times he

enters Jade Garden in a day.

(2) Security shall issue a 'Visitor's Pass' to the visitor. Visitor shall keep the 'Visitor's Pass' in his

possession until he leaves Jade Garden. He shall surrender the 'Visitor's Pass' to the security

before he leaves the Jade Garden premises. In the event the visitor loses the visitors pass or

fails to surrender the same to the security at the time of leaving the Jade premises Rs.200/-

will be collected towards the lost/ unsurrendered visitors pass from the visitor.

(3) Movement of all persons 'in & out' of Jade Garden in the register shall be recorded.

(4) Photo ID's are issued to the resident care takers, plot owners and the authorized staff.

CIRCULAR

JGPOA/Circular – 4/ID's(1)/09 Date: 04.04.2009

Reg: Restriction of entry into Jade Garden without Identification / Authorization

27

(5) Caretakers and Plot Owners are required to show their Photo ID cards issued by JGPOA to

the security whenever they are entering Jade Garden layout (or re-entering the Jade Garden).

(6) Plot Owners, Resident Caretakers and staff who show their photo ID card issued by Jade

Garden to the security need not sign the register when they are entering the Jade Garden.

However, the time of their entry & exit shall be recorded by the security.

(7) Plot owners while entering the Jade premises & they are accompanied by their guests/

visitor the name/s & no. of visitors shall be entered in the movement register & obtain plot

owners signature.

(8) The security guard/s has been authorized not to permit entry into the Jade Garden if the

Photo ID cards are not shown to them or if the security is not satisfied with the identification.

(9) The Plot Owner/Caretaker has to show his ID card to the security guard/s when asked to

identify at any time inside the Jade Garden Layout.

(10) Entry of visitors of the caretakers into Jade Garden is restricted. Message will be delivered to

the concerned caretakers or their family about their visitor. The caretaker or his family

members have to come to the security post and meet their visitors.

(11) Plot owners (registered owner) or his/her authorized representative (who is registered with

the Association) must send a letter addressed to the Hon. Secretary of the Association

requesting for issue of a temporary 'Visitor's Pass' for his guests or to the person he is sending

to Jade Garden to visit his vacant plot/house for entry in to the Jade Garden. In the absence of

the proper authorization letter from the registered plot owner the security will not allow

entry inside the Jade Garden to their visitors/ representatives. A telephone request by the

plot owner will not be considered a valid/ authorize request for issue of the 'Visitor Pass'.

(12) In the event of a visitor likes to enter Jade Garden to see/ meet the resident plot owner

without written authorization the security guard shall accompany the visitor to the

residence of the plot owner. The security guard shall obtain signature from the plot owner on

the prescribed authorization slip provided to the security.

We request the plot/house owners of Jade Garden to co-operate and honor the

rules/regulations in the common interest of all concerned.

With Warm Regards,

- sd –M. GURURAJ

Hon. SECRETARY

28


Some of the plot/house owners in Jade Garden have employed persons to take care of their

house/vacant plots (gardening) etc. Some of such employed persons live in the premises

provided by the owners in Jade Garden and some do not stay overnight in Jade Garden. It has

come to notice of the committee that these caretakers are replaced by new persons by the owners

from time to time. Hence, in the absence of the identity of the person who is appointed as the

caretaker of the particular plot/house security personnel is facing difficulty in having control

over the people who come and go to the Jade Garden.

It has also come to the knowledge of the Managing Committee that some 'resident

caretakers' in Jade Garden are allowing relatives, friends or guests to stay in the building/house

un-authorized and some on a permanent basis. It has also come to light that some of these un-

authorized residents of Jade Garden are employed in the neighborhood of Jade Garden and they

return to the Jade Garden after their days work for sleeping. It is suspected that some of the thefts

& attempts of thefts could be from these persons who frequent the Jade Garden premises as

friends & relatives of the caretakers or persons who pose as representatives of the plot owners

coming for inspection of the plots or posing as laborers/workers to maintain & inspect

plots/construction areas etc. This is causing concern and insecurity among other residents in the

layout. Also, it has come to the knowledge of the committee that some caretakers are indulged in

activities that are deterrent and objectionable like allowing the premises on hour's basis or daily

basis to outsiders.

In order to curb these abnormalities, following steps / regulations have been initiated by the

Managing Committee. Plot owners are requested to co-operate.

1) Owners are advised to explain the rules, regulations and the discipline the caretakers have to

follow within the Jade Garden Layout.

2) Plot/house owners are requested to furnish details of the caretakers employed by them and

their family members along with their passport photos. The association will issue photo ID

cards to the caretaker as well as to his family members.

3) Caretaker's family means, his/her wife/husband & minor children. Parents, brothers,

sisters, relatives, etc. or friends are not considered as family members and they are not

permitted to stay in the Jade Garden as residents even for a temporary period. For that matter

entry of the relatives, friends or their visitors of the caretaker inside the Jade Garden Layout

is resticted.Further, Plot owner shall note that not more than two adults preferably husband

CIRCULAR

JGPOA/Circular –5/Caretaker(1)/09 Date: 04.04.2009

Reg: Registration of Caretakers with the Association and issue of Photo ID cards to the Residents / Plot Owners.

29

& wife should be allowed to live in their servant quarters as 'live-in caretakers' of their

house/building within the Jade Garden Layout. Minor children (if any) of the caretakers not

exceeding three is permitted to live along with their parents.

4) Caretakers/his family members shall carry with them their Photo ID cards whenever they

are entering/re-entering Jade Garden and show it to the security on demand.

5) Please find enclosed a format for furnishing details of the plot owners/ family members &

their caretakers employed & permitted by them to live in their house/building premises.

The form may kindly be filled, signed and sent to the Association along with the

photographs of all the members concerned.

6) You shall note to advise your caretaker not to allow their relatives or friends or others in the

premises without the authorization from the Association office. Also, please ensure that the

caretaker understands the regulations/restriction/discipline that he/ she should follow as

long as he/she is living in Jade Garden Premises. The caretaker is free to approach the

Association for any clarifications or help.

7) Caretakers will not be allowed inside the premises of the Jade Garden if they are not carrying

their photo ID cards issued by the Association.

8) Entry of visitors of the caretakers into Jade Garden is restricted. Security will inform the

caretaker or his family members about their visitor. The caretaker or his family members

have to come to the security post to meet their visitors.

9) Visitors, if found staying overnight in the Jade Garden disciplinary action will be initiated

after giving due caution to the caretakers and the same will be informed to the plot owner.

Photo ID cards will be issued to the Plot Owners as well and we request you to please carry

them with you when you are visiting the Jade Garden. This will make things easy for the security

personnel to identify you and let you in without any fuss.

We request you to kindly co-operate and respect the regulations strictly and appreciate our

efforts in making our Jade Garden better premises and safe. All these efforts are made in your

interest and to give a value addition to your properties in Jade Garden Layout, which I am sure is

well taken and appreciated. On behalf of the Managing Committee, we assure you of our sincere

efforts to guard your property and enhance its value. In this direction, we expect your full co-

operation to the Managing Committee.

- sd –M. GURURAJ

Hon. SECRETARY

30

To:The Hon. SecretaryJade Garden Plot Owners Association

Reg: Appointment of caretaker and authorization letterRef : Your circular No.JGPOA/Circular –5/Caretaker (1)/09, dated 04.04.2009

With reference to your above referred circular letter, please find here below the details of the

caretaker and his/her family members who is under my/our payroll to look after my/our/

building/house/garden/property at Jade Garden Layout, Sadahalli Village Post, Devanahalli

Taluk, Bangalore 562 110. Their photos are enclosed herewith / will be furnished to him

Association by the caretaker himself.

Also, we are enclosing herewith photographs for issuing of ID cards to me and our family

members with the Name, written behind the photograph & necessary details are furnished in the

format enclosed. The details of the caretaker employed by me/ us (along with his family

members) are furnished in the format & their photographs attached.

# 1, Phase-II, Jade Garden, Sadahalli, DevanahalliTaluk, Bangalore – 562 110

From:

………………………….....................

………………………….....................

………………………….....................

……......................................……..

(1) Mr/Mrs. ___________________________________________ Aged ___________ years

Phone Contact (if any)___________________ (Owner/Wife/Son/Daughter)

(2) Mr/Mrs. ___________________________________________ Aged ___________ years


(3) Mr/Mrs. ____________________________________________ Aged ___________ years


(4) Mr/Mrs. ____________________________________________ Aged ___________ years


Following details for issuance of Photo ID cards:

31

…………………………………………………………..............………………………………………….

…………………………………………………………..............………………………………………….

…………………………………………………………..............………………………………………….

…………………………………………………………..............………………………………………….

(5) Mr/Mrs. ____________________________________________ Aged ___________ years

Phone Contact (if any)___________________ (Caretaker/Wife/Son/Daughter)

(6) Mr/Mrs. ____________________________________________ Aged ___________ years


(7) Mr/Mrs. ____________________________________________ Aged ___________ years


Sir,

I/We have taken note of the contents of your above and appreciate your efforts to improve

the system at Jade Garden Layout and the steps taken to protect the properties. We will be

advising caretaker suitably and to follow the rules & regulations of the Association.

Thank You.

(Name of the Plot Owner in Capital Letters)

Plot Number: ____________

Yours sincerely,

WE GIVE HERE BELOW OUR PRESENT ADDRESS & TELEPHONE NUMBER FOR FUTURE CORRESPONDENCE.:

32

thMinutes of the 18 Annual General Body Meeting of the 'Jade Garden Plot Owners th

Association' held on 14 September, 2014 at 11.30 AM at Auditorium, Club Cabana, Jade

Garden, Sadahalli, Devanhalli Taluk, Bangalore -562110

Members present : As per List Attached Special Invitees : M/s Nityananda & Co, Statutory Auditors [Did not attend] : M/s Muralidhar & Co, Internal Auditors [Present] Due to lack of quorum, the meeting was re-scheduled for 12.00 Hrs Members re-assembled at 1200 Hrs. The Hon. Secretary, Mr. M.Gururaj welcomed the Members

and requested the House to elect a Chairman. The House elected Shri S.Ramanathan IAS [Retd] to

Chair the meeting. Proposed by Mr. Dr.Narayanan seconded by Mrs.Shailaja Kashyap.

thThe Minutes of the Annual General Body Meeting held on 29 September, 2013 were read and

passed by the house proposed by Dr.Narayanan and Seconded by Shaylja Kashyap.

The Chairman set the proceedings in motion. Hon.Secretary was invited to present the report for

the period September 2013 to September 2014.

At the outset the Hony. Secretary thanked the Members of the Managing Committee, office staff

and workers of the Association for hard work they have put in. He also thanked the resident Sub -

Committee comprising of Mrs. Shanti Vishwanathan, Mrs. Saritha Deshpande, Mrs. Sangeeta

Shekhawath, and Mrs. Monica Singh who have volunteered for improvement of services in the

layout. They have been providing guidance and overseeing day to day running of services and

beautification of the layout.

He first took up the most vital issue pertaining to the area that is availability of water. Since

Cauvery water supply has not commenced in the area as yet, and is likely to take some time; in the

mean time he informed that certain steps have been taken to ensure water security for the layout.

Touching upon the state of water and the steps undertaken, he dealt with the earlier plan to set up

water bodies /mini lakes where ever there are parks. Experts were consulted to survey and advise

on water management and greening of the layout. It was brought out that since the evaporation

rate in the region is higher than the rain fall the water bodies will dry very fast and hence that is not

a viable solution. It was suggested that given the size and topography of the layout rain water

harvesting as well as rain water storage should be undertaken to become self-sufficient in water

over a period of time. Recharging of bore wells was the other step taken. Accordingly recharging

of bore wells numbering 17 was completed. He said that full scale rain water harvesting and

33

JADE GARDEN PLOT OWNER'S ASSOCIATION (R)Admn. Office : # 1, Phase-II, Jade Garden, Sadahalli, DevanahalliTaluk, Bangalore – 562 110

Ph: 080-22712197, +91-9343045492 E-mail: [email protected] website: jadegarden.org

establishing water storage for a large layout such as ours requires heavy expenditure; due to

paucity of funds and high default rate in members paying the annual subscription the Association

was handicapped. Therefore it was decided to undertake this task in stages. Normally, this task

should have been completed before monsoon sets in. He was hopeful that supply of bore wells

will hold us in good measure.

To conserve water, strict timings of water supply are being observed. Water is being supplied for

half an hour every day. In addition electronic devices to monitor water level have been installed in

over head tanks in all the phases. Water storage is also important from the point of view of

emergency such as power failure, fire and breaks down of pumps, bore wells etc. We would have

been very happy to report to you that rain water harvesting and storage has been completed but

due to shortage of funds we were constrained and we are hopeful that members shall contribute

regularly to fulfill their commitments.

As regards parks, till such time the water situation improves it was advised that alternate steps

such as organic farming should be taken. This consumes less water and provides greenery also.

The area for walk ways and other amenities for residents can be imaginatively designed; this will

also be a source of revenue generation. In this context certain agencies are being contacted so that

an arrangement of outsourcing can be arrived at.

Power: Originally, Sadahalli area was connected to Rural Power Supply which had frequent

failures. The Committee took up the matter with BESCOM and after long pursuit was able to get

on to the Grid with regular Power Supply. This has markedly improved the power situation,

which has also cut down on generator running time and expenditure on diesel. In order to cut

down power bill we have changed over to the LED lights as against the sodium lights provided

earlier. Another area which requires attention was cabling of phase -1 which has degraded due to

fare ware and tear and required replacement. The work has been approved and shall be

undertaken shortly.

Power supply for bore wells: Till recently the bore wells were being run through a single meter

supply line. This resulted in consumption going into higher slabs and thereby increasing the

power bill. To rectify the same, as required by the norms separate meters have been installed for

three bore wells [in phase 2&3]. As of now all functioning bore wells have got separate meters. To

conserve bore well pumps life there operations is being staggered.

Transformers: During the year due to fare ware and tare the Transformers required

repairs/maintenance. In all phases transformers were undertaken for repair and servicing

including fencing as a safety measures. This was a necessity, which cost us a handsome amount

which will be reflected in the finances in the report of the Hony. Treasurer.

Street lights for Sadehalli road: Hony. Secretary drew attention of the Members on the quality of

road which has improved. This was a result of relentless persuasion of the Authorities. The next

step, he said, is lighting of the streets. We are likely to have the street lights functioning in a short

period of time. This will be convenient for the users of Sadahalli road.

34

Jade club: Recalling that on popular demand and as per the Terms and Conditions of Jade Garden

Plot Owners with the Developers, Jade Club was activated after a lot of persuasion. Much effort

had gone in restoring the club. And finally to make it functional, initially the Association ran it but

response being poor it was becoming a source of loss. To overcome this it was outsourced to

Chairman`s Club & Resorts ltd. Members will be glad to know that instead of making loss we are

now getting Rs.2 lakhs per month as rent, as well as Services of Club Jade and also that of

Chairman`s Club at Sahakarnagar. He took this opportunity to place on record that the facilities

are available and members were requested to make use of the same.

Security: Speaking about security the Hony. Secretary said, that given the size of the layout the

security requirement is much more than what we have at present. It will not be out of place to

mention that what we have at the moment a bare minimum, perhaps less than standard

requirement. However, working on shoe string budget and faced with growing inflation the cost

is increasing. In order to augment security measurers CC Cameras are being installed and

monitoring systems have been positioned and are being upgraded. Security cabins have also been

positioned and more are likely to be procured. This is going to be an area which will require a lot of

attention and resources. The Managing Committee is conscious of it and is taking measures to

meet the requirements.

Access Control: The Hony. Secretary highlighted the importance of access control in the layout.

There have been instances when unauthorized persons have made an entry/have been residing

as relatives and friends of care takers and other attendants. To prevent this, identity cards have

been issued. The same is being monitored and further necessary steps shall be taken to ensure that

only authorized persons enter/stay in the layout. Members are requested to co-operate and

communicate, whenever they expect guests /visitor's .This is important because strict

instructions have been given to the security staff to check the identity and obtain details from the

visitors /guest who is expected to enter details and affix signatures in the register provided,

without fail. He requested Members to provide information in advance about the details of their

guests whom they expect so that the security staff managing the gate is informed and facilitates

access.

Sign boards: The Hony. Secretary informed that plots and road indicators have been installed

this is on trial basis. The exercise is continuing and efforts to ensure that proper demarcation of

sites /routes is displayed for convenience of members and visitors.

Maintainace: About the maintenance of the layout the Hon.Secretary informed, that this is being

carried out by engaging daily wage labourers, numbering only (30) to keep the expenditure bare

minimum. To monitor attendance bio metric devices has been installed and two supervisors

oversee the maintenance under the guidance of Estate Manager. However a layout spread over

250 acres requires not only a larger man power but also certain equipment's to be able to do justice

to the task. We are moving in stages to match up this requirement since it will require considerable

expenditure.

35

Tractor with Leveler: During the year a new Tractor was purchased with leveler and other

accessories, which has been put into service. We would like to raise the standards of maintenance

to a higher level but at the moment we are trying hard to make the two ends meet .This point shall

be taken up when we discuss the finances.

Water Trailer: All these years we were managing without water trailer for watering plants and

other requirements. To streamline water usage and consumption, a water trailer has been

purchased. This will also act as quick source of water in the event of fire.

Termite Control: Hony. Secretary dealt with the menace of Termite which affected large portion

of hedges and trees. The Managing Committee took up termite control in a big way. This is under

observation and further steps will be taken to keep the layout termite safe. This is an ongoing

exercise.

Garbage Management: This, he reminded is an area which require both resources and

Technology. In the case of our layout whilst, the number of residents are limited at present and the

garbage generation is considerably lower, the foliage collection and disposal is a mammoth task.

We have been facing difficulty and has also resulted in fire. Managing Committee is considering

getting mechanical device which can convert this in to usable manure pellets.

Website: The Hony.Secretry reminded the members about the website www.jadegarden.org

which is on display. It is updated fortnightly. He requested them to make use of the website for

information and look forward to their suggestions on the official e-mail id of jade garden which is

[email protected].

E-Khtha: Some time back an order was issued by the department of Panchayat Raj & Rural

Development that E-khata shall not be issued to the layouts which have not been approved by

competent authority. This also affected us adversely. The Association has taken up the matter

with M/s.Raj Trust and concerned Authorities. Honorable Justice Vaidaynatha, Administrator,

M/s.Raj Trust has taken up with the department; in turn the department of Panchayat Raj & Rural

Development Government of Karnataka has sought clarification from BMRDA. The Managing

Committee also approached the Registrar, as a result of which B-khata are being issued and

registrations of plots are taking place. However, A-khata will only be issued once BMRDA has

clarified.

Defaulters: In the last AGM concerns were expressed by the Members about a large number of

defaulters on payment of maintenance dues. As per the instructions and decisions taken by

previous AGM`S and in keeping with Rules & Regulations and Bye- Laws of the Association the

Managing Committee took action. In that 367 Legal Notices were issued to defaulters. As a result

102 members responded and cleared some of their dues, amounting to approximately Rs.70 lakhs.

This will be covered in detail by the Hony. Treasurer while presenting the Finances. He drew

attention of the members to the fact that despite herculean efforts, though some amount has been

36

recovered, much more is yet to come. Another kind of default is usage of accommodation for

purposes against the Bye- laws of the Association. The Managing Committee has been trying its

utmost to persuade defaulters to keep the larger interest of the layout and their commitments in

accordance with Sale Agreement. However, where this has not borne fruit, Managing Committee

was compelled to take legal recourse.

The Hony.Secretry pointed out that house No.735 owned by Mr.Srinivas Subrmanyam has being

defaulting, in that the said premises are being put to commercial use. This is also being advertised

on website The Managing Committee tried to persuade him to refrain from such activities since

they are against the Rules and regulations /Bye- Laws of the Association. A number of letters

were sent to him. But the member did not relent. A legal action has been initiated. Members

concerned about such unlawful activities being conducted in the layout which is against

residential character for which Jade garden was established. The House was unanimous in

condemning the conduct of Shri.Srinivas and wanted stern action to be taken to stop this menace.

Proposed by Mr. C.S.Chandrashekar seconded by Shaylja Kashyap.

Hony secretary assured the house that it shall be our endeavor to make this layout a beautiful and

a comfortable place to live. But we are handicapped by shortage of funds; we have to collect dues

to the tune of nearly 4 Crores. The Hony.Treasuer will discuss this in detail.

Now, I will request Shri. Lakshminarayan Rao to present the finances, since Capt Vishwanathan is

out of station.

The House appreciated the work done by the Managing Committee. Proposed by

Capt.Shekwath Seconded by Capt.Khaleel.

The House took the Hony. Secretary`s report on record.

The Chairman asked Mr.Lakshminaryan to present the finances since the Hony.Treasuer Capt

Vishwanathan was unable to attend.

Balance sheets were sent to the members along with AGM notice. Those who did not have the stcopies were asked to collect from the reception counter. The financial status for the year 1 April,

ST2013 to 31 March, 2014 was presented to the General Body. There was a discussion on the

defaulters since the default amount was considerably high. It was explained that in accordance

with the decision taken in the last AGM legal notices were issued. As a result some Rs.70 lakhs

were recovered. However the legal process is continuing to recover the remaining amount. A

member suggested that the interest amount may be waived and a onetime amnesty be granted to

the defaulters. The House did not agree and was of the opinion that such measures only

encourage default and are unfair to the members who have been regularly paying their dues.

Whilst, appreciating the management of finances some members were of the opinion that the

corpus fund should be gradually increased. This was taken note of.

37

On the issue of fixed deposits, some members were of the opinion that instead of getting 9% to

9.25% interest on which Income Tax is levied, instead this some money should be invested in tax

free Government Bonds, where the interest is also higher. Other instruments like Debt funds etc

with National Banks/Commercial Scheduled Banks where Tax Savings is possible with higher

rate of interest should also be examined, by the Managing Committee, within the frame work of

our Association`s Rules and Regulation/Bye Laws. Hony. Secretary assured the House that

Managing Committee shall consider the same. The House was informed that the owners of plot No.287, Mr. Subbarao and his wife are suffering

from cancer since last couple of years and their condition is reportedly grave. The medical report

has been received. They have cleared their principle amount and have requested for waiving of

the interest since, they have heavy financial commitment for the treatment. The House took a

sympathetic view and asked the Managing Committee to examine the case and take appropriate

decision.

The Balance Sheet was passed unanimously by the House. Proposed by Dr.Narayanan and

seconded by Shaylja Kashyap.

Appointment of Chartered Accountant. Some Members raised the points that M/s.Nityananda

Chartered Accountants are also a Chartered Accountants to M/s.Raj Trust with whom there is

going to be profit sharing from the income of the Jade Club this year onwards. Besides we are

opponents at the ̀ `National Consumer Grievances Redressel Commission``. There could be clash

of interest and this matter needs to be considered .The House appreciated the suggestion and

asked the Managing Committee to take a decision in the matter and appoint another Chartered

Accountant. Proposed by Mr. Vijay Hinduja seconded by Mr.Rahul.

The Chairman asked Hony.President to address the House and give information about the case at

the ̀ `National consumer Grievance Redressel Commission`` New Delhi and other issues:

Mr.Vikram Diesh Hony.President thanked the Members for making it convenient to attend the

General Body Meeting. He informed the House that attempts are being made to get an early date

for final hearing of our case at the ``National Consumer Grievance redressel Commission``

taken up by ``Society of Catalyst``. There have been consultations with lawyers since new

evidence has emerged which could be taken up either separately or during the course of

arguments. From the progress of cases at the Commission it is envisaged that our case should be

coming up for final hearing in the normal course of time in 2015. However, it is understood that

``Society of Catalyst`` is trying to seek an early date.

He reminded the House that financial constraints are keeping us from achieving many more goals

to be achieved for the layout. He assured that no efforts shall be left in raising the level of upkeep

and standards in Maintenance/Services in the layout. In so for as water and power is concerned

some headway has been made and gradually it should be possible to achieve a desirable degree of

security in the matter. Efforts shall continue to proceed with water shed management and rain

38

water harvesting/storage which call for heavy capital investment. This as pointed out earlier is

been carried out in stages. The Managing Committee has been exercising strict financial discipline

to keep the expenditure in control even though the burden of inflation has been on the rise. He

informed the House that in spite of the financial constraints the Managing Committee did not

compromise on the goodwill and welfare of the staff and workers. In that, during the year they

have all been covered by health and accident insurance. He emphasised that a number of financial

and other mile stones have to be covered to reach a comfortable situation. Reminding the

members that we undertook this journey after the layout was abandoned by the developers and a

difficult path had to be covered which he said would not be possible without the support of the

Members. He shared the disappointment of the House with the defaulters who have not stood by

their obligations. hoped that defaulters will see the light and fulfill their obligations. The

Hony.President thanked the members of the Managing Committee who in spite of their

professional commitments continued to work in the interest of the Association. The Chairman Shri. S.Ramanathan IAS [Retd] in his closing address appreciated the work of the

Managing Committee under severe limitations of resources in meeting the challenge of keeping

the layout in desirable shape. He was of the opinion that no leniency should be shown to those

who default whether on account of paying their dues or in any other fashion. He was hopeful that

in time to come, if the Members co-operate jade Garden layout will be an enviable place to live in.

Capt. Shekhawath proposed vote of thanks seconded by Capt.Khaleel, passed by the House.

The meeting came to close at 1.30 pm followed by lunch.

39

-sd-

M.GURURAJ

HONY.SECRETARY