Page I of 346/1423 Original/Duplicate Wednesday.March 18 ,2020 Tauft . :394 4:19 PM Regn.:39M qiadi o.: 1781 fHic5: 18/03/2020 HallAI T5HI5: RA3-1423-2020 100.00 740.000 9gi FreT: 37 LEVER 5.840.00 4:39 PM I aoHfHda 6int Subkegistrar Amaravati II dR : F.0/ HTs&.1/ 4RT Hi Jo5. 500/- y T uR eChallan acb4: . 100/ 13/4HT/4 ASTHYÍC5: MH013584247201920E THC5: 18/03/2020 2cTEI voTN DHC KGDH: E.740/- 3I3/AaIY HTBR GhHT: 1803202007157 Tc5: 18/03/2020 P21 31S 2020 3HRG INDIA FIVEHUNDRED 500 RUPEESS Rs.500 500500500 INDIA NON JUDICIAL www AU 230024 HETRTMAHARASHTRA g ? 2019 .T ay.. . . 1 o****o*** ******> O P THE KEAS, ** **** 2MAR 2020 s. OD.c S.M.G 9. RAV 3. ' i uiiDEED OF DECLARANION i nrespect ofil.7.9/RR8» Mahalaxmi Apartment-8" Form/Exhibit-A Maharashtra Apartment Ownership Act, 1970) (Underthe provisions of DECLARATION ismade in the Amravati on this 18 city of THIS DEED OF day of March, 2020 by Smt.Nirmala Ramkrishnarao Sarode, (1) * ub-Regi -. istrar C age 54 years, Occupation: Household work, PAN- EBFPS7759C --31 Sarode, &3/33 T Shri Rahul Ramkrishnarao Age 36 years, Occupation: Agriculturist, Dist, A P A N - DXFPS4149DD Registrar - 3 Clas -2 2 Shri Umesh Ramkrishnarao Sarode, 37- Age 34 years, Occupation: Agriculturist, CK23/830 RT ravati* PAN -FRWPS7515C Ost. AmaNos.1 to 3 residing at Shivsena Line, behind Bank of Maharashtra, Shivaji Nagar, Amravati, Tq. & Distt.Amravati (4) Sau.Deepika Govindrao Karde, Age 32 years, Occupation: Household work, residing at plot No.5, Shramik Nagar, Satpur, Nasik, Tq. & Distt.Nasik PAN GIIPK2470J (5) Sau.Ramakanta Ramdas Navrange, Age 46 years, Occupation: Household work, residing at Bhadshioni, Post Shah, Tq.Karanja DisttWashim PAN- (Heroinafterireferred to as GRANTORS', who are fully empowered and qualified to execute this Deed does hereby state) Through their Developer & Power of attorney holder P.S.Associates, through its Partners- (1) Shri Pravin Sahebrao Mahalle, age 44 years, Occupation: Builder, rlo Susanyog Colony, Amravati, Tq. & Dist.Amravati PAN-AFWPM9559F (2) Shri Subhash Gulabchand Agrawal, age 46 years, Occupation: Builder, r/o Dhanwantari Colony, Amravati, Tq. & Distt.Amravati PAN AGYPA2938B 3T- Vati 10 EXHIBIT-B BYE-LAWSOFMAHALAXMI APARTMENT-8" CHAPTER 1) SHORT TITLE AND APPLICATION (1) These byelaws may be called the byclaws of the 'Mahalaxmi Apartment- 8 (2) The provisions of these byelaws apply to 'Mahalaxmi Apartment-8". All present or future owners, tenants, future tenants, or their employees or any other persons that nmight use the facilities of the building in any manner are subject to the regulation set forth in these by laws. The mere acquisition on rental or taking on license of any of the family units (hereinafter referred to as the 'UNITS') of the building or mere act of occupancy of any of the said units will signify that these Byelaws are accepted, ratified and will be complied with. 2) DEFINITIONS (1) In these Byelaws, unless context requires otherwise:- a) ACT means the Maharashtra Apartment Ownership Act, 1970. b) ASSOCIATION' means the Association of all the apartment owners constituted by such owners for the purpose of the "Mahalaxmi Apartment- 8' c) BUILDING' means the building located at 'Mahalaxmi Apartment-8', Plot No.1, survey No.4/2, Keval Colony, Shegaon-Rahatgaon Road, Amravati, Tq. & Dist.Amravati, within the limits of Municipal Corporation, Amravati and known and styled as 'Mahalaxmi Apartment-8 and includes the land forming part thereof. d) DECLARATION' means the Declaration, which the sole owner of the building has executed and registered as provided in section 2. e) OWNER' OR 'APARTMENT OWNER' means the person owning an apartment in the "Mahalax1mi Apartment-8*. ) SECTION' means a section of the Act. UNIT means a family unit in the "Mahalaxmi Apartment-8'. h) REGISTRAR' means the Registrar of Cooperative Societies. (2) Words and Expressions used in these Byelaws but not defined therein shall have the meaning respectively assigned to them in the Act. aeSirar Cy T-3 s:2 IT 3) APARTMENT OWNERSHIP:- The building located Plot No.1, survey No.4/2, Keval Colony, Shegaon-Rahatgaon Road, Amravati, Tq. & Dist.Amravati within the limits of Amravati Municipal Corporation known as "Mahalaxmi Apartment-8' is submitted to the provisions of the Act. 4) OBJECTS OFASSoCIATION (1) The objects ofthe Association shall be: a) to act as the Association of Apartment owners of the building called as Mahalaxmi Apartment-8, Plot No.i, survey No.4/2, Keval Colony Shegaon-Rahatgaon Road, Amravati, Tq. & Distt.Amravati (hereinafter called as "The said Building') who have filed their respective declarations submitting their apartments to the provisions of the Act. b) to invest or deposit nmoneys. c)to provide for the maintenance, repair and replacement ofthe common areas and facilities by contribution from the Apartment owners, and if necessary, by reising the loans for that purpose d) to provide for and do ill and any of the matters provided in sub-section (2) ofthe Section 16. e) to advance, with the consent of the Apartment Owners, any short term loans to any Apartment Owmers in case of any emergent necessity, and to provide for the repayment thereof in lump sum or in installments. ) to establish and carry on, on its own account or jointly with individuals or institutions., educational, physical, social, and recreate activities for the benefits of the Apartment Owners. gto frame rules, with the approval ofthe general meeting of the Associations and after consulting the competent authority and may establishcd a provident fund and gratuity fund if necessary for benefits of the employees of th: Association. h) o do all things necessary or/and otherwise, provide for their welfare expedient for the attainment of the objects specified in these Byelaws. (2) The Asociation shall not act beyond the scope of its objects without duly amending the provisions of those Byelaws for the purpose. 5) MEMBERS OF ASSOCIATION (1) All persons who have purchased the units in "Mahalaxmi Apartment-8 and executed respective declarations under section 5, submitting their apartments to provisions of the Act shall automatically be the members of Registra a cS-2, Am UIS A 12 the Association, and shall pay the sum of Re.10/- as entrance fee and may purchase at least one share of the face value of Rs.100/- each. Each apartment owner shall receive a copy of the byelaws on payment of twenty five rupees. (2) Upon any apartment owner, selling his apartment or absolutely conveying the same by way of gift under his will or otherwise, the purchaser or donee shall automatically become a member of the Association, and shall be admitted as member on payment of the entrance fee of ten rupees. The shares held by an apartment owner shall be transferred to the name of such purchaser or donee on payment of ten rupees to the Association. (3) On the death of an apartment owner, his apartment shall be transferredto the person or persons to whom he bequeaths the same by his will, or to the legal representative of his estate, in case he has not made any specific bequest of the apartment. The name of the legatee or the names of the legal representatives jointly shall be entered in the register of apartment owners maintained by the Secretary for the purposes of administration of the Mahalaxmi Apartment-8' as apartment owner or joint apartment owners. Where any legatee is a minor, the apartment owners shall be entitled to appoint guardian of such minor. 5) JoINTAPARTMENTOWNERS Where an apartment has been purchased by two or more persons jointly, they shall be jointly entitled to the apartment and the shares of the association shall be issued in their joint names, but the person whose name stands first in the share certificate shall alone have the right to vote. 7) HOLDING OF ONE SHARE COMPULSORY- Every apartment owner must hold at least one share of the Association (joint Apartment Owners holding shares jointly). 8) DISOUALIFICATIONS No apartment owner shall be entitled to vote on the questions of the election of the President, Secretary, Treasurer or any other office bearer or be entitled to stand for election to such office if he is in arrears of any sum due from him in respect of his contributions for conmmon expenses, for more than sixty days on the last day of the year preceding the year in which election would 1ake place. 3- -3 Regigt - Krar Casg i Arnra CHAPTER-II vOTING, OUORUM AND PROXIES 9) VOTING Each apartment owner shall have one vote and in the case of joint owners of any apartment the person whose name stands first in the share certificate shall alone have the right to vote. 10) QUORUM Except as otherwise provided in these Byelaws, the presence in person of a majority of owners shall constitute a quorum. 11) VOTES TO BE CASTIN PERSON Votes shall be cast in person. CHAPTER-I1I ADMINISTRATION 12) POWERS AND DUTIES OFASSOCIATION The Association will have the responsibility of the administering the Mahalaxmi Apartment-8' approving the annual budget, establishing and collection monthly assessments and arranging for the management of the condominium in an efficient manner except as otherwise provided, resolutions of the Association shall require approval by majority of owners, casting votes in person. 13) PLACE OF MEETING: Meeting of the Association shall be held at a suitable place convenient to the owners as may from time to time be designated by the Association. 14) MEETINGS The first meeting of the Association shall be held within one month of the date on which atleast four apartments have been transferred by the Grantor to the owners. Thereafter the meeting of the Association shall be held on the 4tn Sunday of every month. At the first meeting there shall be elected by ballot of the unit owners the office bearers of the association, namely, the President, Secretary and the Treasurer. At every monthly meceting the owners shall transact such business of the association as may properly come before them. 15) SPECIAL MEETING: It shall be duty of the President to call a special meeting of the and Apartment Owners upon a petition signed by the majority of the owners - 14 1 a having been presented to the Secretary or at the request of the Housing Commissioner, or as the case may the Registrar or any Officer duly authorized by him in this behalf. The notice of any special meeting shall state the time and place of such meeting and purpose thereof. No other business shall be transacted at a special meeting except as stated in the notice without the consent of four fifth of the owners present in person. 16) NOTICEOF MEETING- It shall be the duty of the Secretary to mail or send a notice of each monthly or special meeting, stating the purpose thereof as well as the time and place where it is to be held to each apartment owner, at least 2 but not more than 7 days prior to such meeting. The mailing or sending of notice in the manner provided in these Byelaws shall be considered notice served. Notices of all meetings shall be mailed or sent to the Housing Commissioner or as the case may be the Registrar. 17) ADJOURNED MEETING:- If any meeting of owners can not be organized because a quorum has not be attended, the owners who are present may adjourm the meeting to a time not less than forty eight hours from the time the original meeting was called. If at such adjourned meeting also, no quorum is present, the owners present in person being not less than two shall form quorum. 18) ORDER OF BUSINESS The order of business at all meeting of the owner of units shall be as follows: a) Roll call. b) Proof of notice of meeting or waiver of notice. c)Reading of minutes of preceding meeting. d) Reports of officers. e) Report of Housing Commissioner or the Registrar or of the Officer duly authorized by them if present. Report of Committees. g)Election of office bearers. (to be held annually) h) Unfinished business, if any i) New business. 3- U 1 rar Clare 9s-2, 15 CHAPTER IV'.OFFICERS 19) DESIGNATION:- The Principal Officers of the Association shall be a President,a Secretary and Treasurer, all of whom shall be elected by the apartment owners in their general meeting for a term of one year. 20) REMOVAL OFOFFICERS Upon an affirmative vote of majority of the apartment owners, any officers may be removed, either with or without cause, and his successors elected at any regular meeting of the association or at any special meeting of the association called for such purpose. 21) PRESIDENT The president shall be the Chief Executive Officer of the Association. He shall preside at all meetings of the Association. He shall have all of the general powers and duties, which are usually vested in the office of the PRESIDENT of an Association, including but not limited to the power to appoint committees from among the owners from time to time as he may in his discretion decide to be appropriate to assist in the conduct of the affairs of the Association. In the absence of the President the Treasurer shall take the place of the President and perform his duties, if the President is unable to act. 22) SECRETARY The Secretary shall keep the minutes of all the meeting of the Association, he shall have charge of such books and papers of as the Association may direct; and he shall in general perform all the duties incidental to the oftice of the Secretary. 23) TREASURER: The Treasurer shall be responsible for Association funds and securities and shall also be responsible for keeping full and accurate accounts of all the receipts and disbursements in books belonging to the Association. He shall be responsible for the deposit of all moncys and other valuables eflects in the name and to the eredit of the Association in such depositaries as may from time be designated by the Association. ldss 37- 16 av2i Disi. CHAPTER V OBLIGATIONS OF THE APARTMENT OWNERS 24) ASSEsSMENTS: the All owners are obliged to pay monthly assessments imposed by Association to meet all the expenses relating to the "Mahalaxmi Apartment-8', which may include an insurance premium for policy, to cover repairs and other hazard or reconstruction work in case of hurricane, fire, earthquake or calamity. General Such assessment shall include monthly payment to a for replacements. Operating Reserve and a Reserve Fund 25) MAINTENANCE AND REPAIRS- all maintenance and repair work (1) Every owner must perform promptly, would affect the Mahalaxmi within his own unit, which if omitted to other owners, being Apartment-8° in entirely or in a part belonging and liabilities that his failure to do expressly responsible for the damages so may endanger. units such as water, light, (2) All the repairs of internal installations of the air conditioners, sanitary installations, gas, power, telephones, sewage, to the unit area doors, windows, lamps & all other accessories belonging concerned. shall be at the expense of the Apartment owner incured (3) An owner shall reimburse the Association for many expenditure and facility damaged through in repairing or replacing any common area his fault. 26) USE OF FAMILY UNITS-INTERNAL CHANGES; 1. All units shall be utilized for residential purpose only. modifications or alterations in 2. An owner shall not make any structural the his suit or installations located, there is without previously notifying The Association in writing, through the President or the Secretary. within thirty days and association shall have the obligation to answer shall mean that there is no failure to do so within the stipulated time, alteration or installation. objection to the proposed modification, 27) USE OF COMMON AREAS AND FACILITIES the lobbies, An owner shall not place or cause to be placed in other areas of °Mahalaxmi Apartment-8' vestibules, stairways, elevators or eegistrarClass 37-U-3 13 17 st and facilities of a similar nature both common and restricted any furniture, packages or objects of any kind. Such aears shall be used for no other purpose than for normal transit through them. 28) RIGHT OFENTRY (1) An owner shall grant the right of entry to any of the officers of the Association in case of any emergency originating in or threatening his unit, whether the owner is present at that time or not. (2) An owner shall permit other owner, or their representatives, when so required, to enter his unit for the purpose of performing installations, alterations or repairs the mechanicai or electrical services, provided that requests for entry are made in advance and that such entry is at a time convenient to the owner. In case of any emergency, such right of entry shall be immediate. 29) RULES OF CONDUCT (1) No resident ofthe "Mahalaxmi Apartment-8' shall post any advertisement or posters of any kind in or on any building except as authorized by the Association. (2) Residents shall exercise extreme care about making noises or the use of musical instrument, radios, televisions and amplifiers that ay disturb others. Residents keeping domestic animals shall abide by the Municipal sanitary byelaws and regulations. 3) t is prohibited to hang gaments, rugs etc. from the windows, balconies or from any of the facades of the 'Mahalaxmi Apartiment-8". (4) It is prohibited to dust etc. from the windows or to clean rugs, etc. by beating on the exterior part of the said Apartment. (5) It is prohibited to throw garbage or trash outside the disposal installation provided for such purpose in the service areas. If such installation is not provided, all garbage or trash shall be collected in vessel and thrown in the municipal dustbin. (6) No owner, resident or lessee shall install wiring for electrical or telephone installation, television antenna, machines or air conditioning units etc. on the exterior of the 'Mahalaxmi Apartment-8° or that protrude through the walls or the roof of that Apartment except as authorized by the Associatio. aegistrar ( las -2, A P37203G N 18 Dist. A yali CHAPTER VI FUNDS AND THEIR INVESTMENT 30) FUNDS: Funds may be raised by the Association in all or any of the or any of the following following ways, namely:- a) by shares. b) by contributions and donations from the Apartment owners. c)from common profits which shall form the nucleus of the Reserve Fund. d) by raising loans, if necessary, subject to such term and conditions as the Association with the approval of the Competent Authority may determine in this behalf. 31) INVESTMENT: The Association may invest or deposit funds in one or more of the following a) in the Central Co-Operative Bank or in the State Co-operative Bank; or b) in any of the Securities specified in the section 20 of the Indian Trust Act 1882; or C) in any Co-operative Bank or Society, other than those referred to in clause (a) of the Byelaws or in any banking company approved for this purpose by the Association. 32) AFFILIATION Should there be any Federation of Apartment Owners in the locality in which the 'Mahalaxmi Apartment-8° is situate, the Association may, after consulting the Competent Authority, becóme a member thereof, and pay the sum from time to time payable to such Federation under the rule thereof. 33) ACCOUNTS: (1) Banking account shall be opened by the Association into which all moneys received on behalf of the Association shall be paid, provided that the Secretary may retain in lhis personal custody an amount not exceeding Rs.500/- (Rs.Five Hundred only) for petty expenses. All payment above niefra 1SLar C 19 ist, AiT y a l Rs.100/- shall be made by cheques signed by the President and also by the Secretary or Treasurer. (2) Each Apartment owner shall have a pass book in which the Secretary shall enter the amounts paid to or received for his share in receipt of profits from common areas and contribution towards common expenses and his share of assessment and other dues, if any in respect of his apartment. (3) The Association shall on or before 31st July in each year publish an Audited Annual Financial Statement in respect of the common area and facility containing a) the profit and loss Account. b) the receipts and expenditure of the previous financial years; and c)a summary ofthe property and assets and liabilities of the Association, giving such particulars as will disclose the general nature of these liabilities and assets and how the value of fixed assets has been arrived at. (4) The Audited Financial statement shall be opened to the inspection of any Member of the Asscistion during office hours and in the office of the Association and a copy thereof shall be submitted to the Competent Authority not later than 15th August, every year (5) Every financial statement shall be accomplished by a complete list of the Apartment Owners. There shall also accompany the financial statement a similar list of loanees. The financial statement shall state upto what date profits and expenses of common areas are included. 34) PUBLICATION OFACCOUNTS AND REPORTS A copy of the last financial statement and of the report of the Auditor, if any, shall be kept in a conspicuous place in the office of the Association. 35) APPOINTMENTOF THE AUDITOR: The Association shall appoint at its general meeting, an auditor who shall audit the account of the Association to be prepared by the Secretary & Treasurer, and shall examine the annual return and verify the same with the accounts relating thereto and shall either sign the same as found by him to be correct, duly vouched and in accordance with the law, or specially report to the Association in what respect he finds it incorrect, un-vouched or not in accordance with law. Reglst 3 RoRo 20 Amrav 36) POWER OF AUDITOR: The auditors shall be entitled to call tor and examine any paper or documents belonging to the Association relating to the common areas and facilities and common expenses and shall make special reports to the Association upon any matter connected with the accounts which appears to him to require notice. CHAPTER VIU -MORTGAGEES 37) NOTICE TO THE ASSOCIATION An owner who mortgages his unit. shall notity the Association through the Secretary or the President of the Association. the name and &N address of his mortgagee; and the Association shall maintain such intormation in a book entitled "Mortgages of Units" The Association shall at the request of a mortgagee of a unit report any unpaid assessments due from the owner of such unit. CHAPTER VIl- COMPLIANCE 38) COMPLIANCE These Byelaws are set forth to comply with requirement of the Maharashtra Apartment Ownership Act, 1970. In case, any of these Byelaws conflict with the provisions of the Act, it is hereby agrecd and aceepted that the provisions of the Act will apply. 39) SEAL OF THEASSOCIATION The Association shall have a common seal, which shall be in custody of the Secretary, and shall be used only under the authority of a Resolution ot the Association and every deed or instrument to which the seal is attixed shall be attested for and behalf of the Association by the President & Secretary CHAPTERIX AMENDMENT TO PLAN OF APARTMENT OWNERSUIr 40) AMENDMENTOF BYELAWS These Byelaws may be amended by the association in a duly constitute meeting for such and purpose no amendment shall take otfecet unless approved by the owners representing at least 75% of all units in the Mahalaxmi Apartment-8'. 330 c Registraraf Class. IN WITNESS WHEREOF, I the Grantor hand to this Declaration on this named above 18 day of has hereto set my cmt.Nirmala Ramkrishnarao March, 2020. pamkrishnarao Sarode, Damdas Navrange, Sarode, Rahul Ramkrishnarao Sau.Deepika Govindrao Granters, dolder P.S.Associates, Karde & Sarode, Umesh Ho Mahalle) through their through its PartnersDeveloper & PowerSau.Ramakanta by Partner of Attorney Pravin Sahebrao Signature Grantor/Developer Thumb Impression Photograph (Smt.Nirmala RamkrishnaraoRamkrishnarao Sarode, Rahul Ramkrishnarao Sarode, Sau.Deepika Ramdas Navrange, Govindrao Karde & Sarode, Umesh Holder Grantors, Sau.Ramakanta through their Developer & Power P.S.Associates, Agrawal) through Partners by Partner its of Attorney Subhash Gulabchand Grantor/Developer Signature Thumb Impression Photograph Witnesses : 2 da