FORM A

[see sub-rules (1) and (4) of rule 3]

(Application for registration of Association of allottees)

To

The Competent Authority

Secretary, BDA

Sir,

I, . . . . . . . . . . . . . . . . . . . . . Promoter of the apartment project registered with the

Odisha Real Estate Regulatory Authority, Bhubaneswar under the name and style
of. . . . . . . . . . . . . . . . . . . . . . . . . . ... (the copy of such registration is annexed to
this application as Annexure 1) apply for registration of the Association of allottees
formed by the allottees of the aforesaid Project. Details of such formation in the
form of Memorandum has been annexed to this application as Annexure-2 along
with the byelaws.
Place __________

Date __________

Yours faithfully,

Signature of the Promoter

Or

*I, on behalf of the allottees, being allotted with the Apartment under the Project
registered under the Odisha Real Estate Regulatory Authority, (the copy of the
registration of the aforesaid Project is annexed to this application as Annexure-1)
apply for the registration of the Association of Allottees, which has been formed in
a general body meeting duly held on . . . . . . . . . . . . . . . in the presence of the
allottees, under the name and style of. . . . . . . . . . . .. for the Apartment under the
Project. Detail of such formation in the form of memorandum has been annexed to
this application as Annexure-2 along with the bye-laws.

Secretary
Association of Allottees with Seal
 Annexure-1

Enclosed attested copies of the documents submitted for registration of the Project
and Registration Certificate of the Project issued under the Odisha Real Estate
(Regulation and Development Rules, 2017 annexed to Form A.
NB: If the project has been completed prior to the commencement of the RE (R&D)
Act, 2016 and Completion Certificate has been issued prior to such
commencement, submission of approval/ registration certificates as referred to
in the said Act is not required.

Annexure-2
MEMORANDUM

(Name) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Association of
Allottee of . . . . . . . . . . . . . . . .. . .. . . . . . . Apartment Project. . . . . . . . . . . . . place.

I, hereby communicate that in a general body meeting of the allottees duly

held on. . . . . . . . . . . . . formed the Association of Allottees in pursuance of the
provisions of the Real Estate (Regulation and Development) Act,2016 read with the
provisions of the Odisha Apartment (Ownership and Management) Act, 2023 and
the Odisha Apartment (Ownership and Management) Rules,2023 under the name
and style of . . . . . . . . . . . . . . . . . . . . for our apartments at (adress) . . . . . . . . . . . . .
. . . . under the Project as registered under the RE (R&D) Act,2016 and under the
bye laws framed under the said Act and elected following allottees as members of
the Executive Committee of the said Association.

Name, address, Designation, Occupation and Signatures of the members of

the Executive Committee.

Sl. Name Fathers Address Occupa Designation Signature

No. Name tion

(1) (2) (3) (4) (5) (6) (7)

1. President

2. Vice-President

3. Secretary

4. Treasurer

5. Executive Member

6. Executive Member

7. Executive Member
 8
No. Name and address Booking No. of Signature
of allottees Apartment / Apartments
(Present)

Add more rows for additional allottees

Signature of the Secretary of the Association

with seal and date

Signature of the witness, (other than the Members of the Association of Allottees).

1. Sri .. . . . . . . . . . . . . . . . . . . . . . .

Address

2. Sri . . . . . . . . . . . . . . . . . . . . . . . .

Address

FORM B

[see rule 3(5)]

Registration of Certificate of association of allottees

Regd. No.. . . . . . . . . . . .
 Date. . . . . . . . . . . . . . . .

Office of the Competent Authority,

............................

Certified that . . . . . . . . . . . . . . . . . . . . . . . . (Name of Association)

has been registered under sub-section (2) of Section 15 of the Odisha
Apartment (Ownership and Management) Act, 2023.

Issued this. . . . . . . . . . . . . . . . .day of. . . . . . . . . . . . . . . 202. . . .

. under my signatures and seal.

Competent Authority

with Seal

FORM C

(See rule 4)

Application for modification of bye-laws of the existing Association

of allottees under the Proviso to sub-section (1) of Section 15.
To

The Competent Authority

......................

......................

Sir

I hereby communicate that in the general body meeting duly held on . .

. . . . . . . . . . . . . . . . . . . . . . . . . , the ( Name) Association of allottees
of . . . . . . . . . . . . . . . . . . . . . . . . . . . (Name) Apartment have modified the
bye-laws of the said Association in consonance with the provisions of the
Odisha Apartment (Ownership and Management) Act,2023 and a
consolidated copy of the bye-laws is enclosed herewith for approval.

Yours faithfully

Signature of Secretary

(Name) Association of allottees

with seal
 FORM D

[see rule
5(1)]

Declaration by Promoter/Association of allottees under section 9 of the Odisha

Apartment (Ownership and Management) Act,2023.

From

........................

........................

Promoter/Association of Allottees of . . . . . . . . . . . . . . . . . . . . . (Name of the

Apartment, Place.)

To

The Competent Authority

......................
......................
Sir,

1.In pursuance of section 9 of the Odisha Apartment (Ownership

and Management) Act,2023 I/we hereby declare that I/we am/are the
owner/owners of the _________property/apartment situated at_______
city/town/village____________in the District of _________ and do
hereby further declare that I/we submit the said property/apartment
continuing___________ number of apartment(s), together with the
common areas and facilities meant for__________ purpose to the
provisions of the Odisha Apartment (Ownership and Management )
Act,2023 and all amendments thereto.

Or
The Association of allottees in
pursuance of section 9 of the Odisha Apartment (Ownership and
Management) Act,2023 declare that the Promoter(s)_______________
are the owner/owners of the _________property/apartment situated
at_______ city/town/village____________in the District of _________
and do hereby declare that we submit the said property/apartment
contained___________ number of apartment(s), together with the
common areas and facilities meant for__________ purpose to the
provisions of the Odisha Apartment (Ownership and Management )
Act,2023 and all amendments thereto.
2. Authenticated copies of the site plan, layout plan and building plan,
sanctioned by (Name of the Planning Authorities) are appended
herewith and marked respectively, as Annexure “A,B,C”. The
relevant ownership documents also appended herewith and
marked as Annexure-D.

3. I/we _____________do hereby furnish further the following

particulars as required under sub-section (3) of Section 9 of the
said Act:

(A) Details of the land including the right, title and interest on
which the buildings and the improvements are or to be
located and the status of the land (free hold or lease hold).

(B) Description of the building stating the number of stories and

basements, the number of apartments and the principal
materials of which it is or is to be constructed.

(C) Description of the apartment, number of each apartment

along with its location, area of the project, number of rooms,
immediate common area to which it has access and other
necessary information for its proper identification.

(D) Description of common areas and facilities including lifts.

(E) Approved plan of the Project from the Authority Competent to

approve the said plan;

(F) Details of value of the property and of each apartment and

the percentage of undivided interest in the common areas
and facilities pertaining to each apartment and its owner.

(G) The statement that the apartment and the percentage of

undivided interest are not encumbered in any manner what
so ever on this day of _________ (month) 20________; -

(H) Statement indicating the purposes for which the building and
each of the apartment are intended and restricted to be
used;

(I) The copy of the registration certificate of the Association of

allottees or association of apartment owners, and its
registration number, if any;

(J) A copy of registration of the Project by the ORERA, if any;

and

(K) a copy of the Occupancy Certificate.

4. I/we ________________do hereby further declare ‘covenants’ and

undertake as follows: -

(i) that each apartment constitutes a single unit transferable and

 heritable as such;

(ii) that each apartment owner, present or future, shall be entitled

to an undivided interest in the common areas and facilities in
the percentage expressed in the declaration and
appurtenant to each apartment;

(iii) that common areas and facilities, shall remain undivided and
that I/we shall not bring any action for partition or division
thereof so long as the property remains subject to the
provisions of the Act;

(iv) that the percentage of undivided interest in the common

areas or facilities as expressed in the declaration shall not
be altered except with the consent at least 2/3rd of the
allottees expressed in an amended declaration duly
executed and registered as provided in the Act;

(v) that during the period for which the property remains subject
to the said Act, no encumbrance of any nature shall be
created against the property, though such an encumbrance
may be created only against each apartment and the
percentage of undivided interest in the common areas and
facilities appurtenant to such apartment, in the same manner
as in relation to any other separate parcel of property subject
to individual ownership;

(vi)that the percentage of the undivided interest in the common

areas and facilities shall not be separated from the
apartment to which it appertains and shall be deemed to be
conveyed or, encumbered with the apartment even though
such interest is not expressly mentioned in the conveyance
or other instrument ;

(vii) that I/we shall not do anything which would be prejudicial to

the soundness and safety of the property or reduce the
value thereof, impair any easement or hereditament nor
shall alter any material structure nor excavate any
additional basement or cellar;

(viii) that I/we shall not sell or otherwise transfer or rent out
my/our apartment for any purpose other than the permitted
use;

(ix) that for the proper and effective administration of the property
and for the due maintenance, repair and replacement of the
common areas and facilities I/we shall strictly comply with
the provisions of the said Act and the bye laws made
thereunder and shall pay my/our share of common expenses
as assessed by the association of allottees from time to time,
and that the failure to comply with any such requirement
shall be a ground for action for damages or for other relief or
reliefs at the instance of the Secretary on behalf of the
 association of allottees or in a proper case, by an aggrieved
apartment owner or the Competent Authority;

(x) I/we further declare that conveyance deed in favour of

association of allottees shall be executed in respect of
undivided title in common area of the Project/ Apartment ;

(xi) I/we further, declare and undertake that I/we shall not
construct any illegal/unauthorized structure in common areas
and facilities and if anything has been done contrary to the
provisions of the Real Estate (Regulation and Development)
Act,2016 or the rules made thereunder or this undertaking,
that shall be demolished in accordance with law and the cost
of such demolition shall be recovered from me/us.

In witness whereof I/we have set out hands this _______day

of______20____

and solemnly declare that what is stated herein above is true to my/our
knowledge.

Signature of Promoter(s) or Secretary, Association of

Allottees.
 FORM E

[see rule 6(3)]

ENTRY REGISTER RELATING TO

DECLARATION Date of Entry in the Register

Sl.No.-

Name of the Project

LAND DETAILS

Name of the land owner(s)-

Power of Attorney holder, if any

Khata No(s) –

Plot No(s)-

Extent of area

Extent of area covered under the project –

Classification(s) –

NAME AND ADDRESS OF THE PROMOTER(S)

Name of the promoter

Address –

Ph No. Email

DETAILS OF DEED OF EXECUTION

Name of the executant--

Date of transfer --

Date and Registration No. of the deed of execution

PLAN APPROVAL DETAILS

Approving Authority--

Letter No. and date of approval –

16

ORERA REGISTRATION DETAILS

 Date of Registration -

Registration No. –

DETAILS OF APARTMENT

No of Blocks

No. of floors in each block -

No. of Apartments is each block -

Amendment of Declaration (if any):

Date of submission –

Date of acceptance / rejection

Remarks

Name

Signature of competent Authority with

seal

FORM F
Deed of Transfer of Apartment
(See rule 7(1))

This deed of Transfer of Apartment executed on this ____________________ day of

____________________, 20__________________,

By and Between

[If the promoter is a company]

_____________________ (CIN no. ________________________), a company
incorporated under the provisions of the Companies Act, [1956 or 2013, as the case
may be], having its registered office at ____________________________ and its
corporate office at __________________________(PAN -______________),
represented by its authorized signatory ________________________ (Aadhar no.
_____________) authorized vide board resolution dated ___________ hereinafter
referred to as the “Promoter” (which expression shall unless repugnant to the context
or meaning thereof be deemed to mean and include its successor-in-interest,
executors, administrators and permitted assignees);

[OR]
17

[If the promoter is a Partnership firm]

________________________, a partnership firm registered under the Indian
Partnership Act, 1932, having its principal place of business at
________________________, (PAN ________________), represented by its
authorized Partner _____________________, (Aadhar no. __________________)
authorized vide ____________________, hereinafter referred to as the “Promoter”
(which expression shall unless repugnant to the context or meaning thereof be
deemed to mean and include its successors-in-interest, executors, administrators
and permitted assignees, including those of the respective partners).

[OR]

[If the promoter is an Individual]

Mr. / Ms. ________________________________, (Aadhar no.

__________________) son/daughter of _______________________, aged about
________________, residing at _________________________, (PAN
_______________), hereinafter called the “Promoter” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include his/her
heirs, executors, administrators, successor sin-interest and permitted assignees).

AND

[If the Purchaser is a company]

__________________________, (CIN no. __________________) a company

incorporated under the provisions of the Companies Act, [1956 or 2013, as the case
may be], having its registered office at ___________________________, (PAN
______________), represented by its authorized signatory, __________________,
(Aadhar no. __________________) duly authorized vide board resolution dated
___________, hereinafter referred to as the “Purchaser” (which expression shall
unless repugnant to the context or meaning thereof be deemed to mean and include
its successor-in-interest, executors, administrators and permitted assignees).

[OR]

[If the Purchaser is a Partnership Firm]

_____________________, a partnership firm registered under the Indian Partnership

Act, 1932, having its principal place of business at _____________, (PAN
______________), represented by its authorized partner, _____________, (Aadhar
no. __________________) authorized vide _____________________________,
hereinafter referred to as the “Purchaser” (which expression shall unless repugnant
to the context or meaning thereof be deemed to mean and include its successors-in-
interest, executors, administrators and permitted assignees, including those of the
respective partners).
18

[OR]

[If the Purchaser is an Individual]

Mr. / Ms. ___________________, (Aadhar no. __________________) son/daughter

of ______________, aged about _________, residing at
_________________________________, (PAN __________________), hereinafter
called the “Purchaser” (which expression shall unless repugnant to the context or
meaning thereof be deemed to mean and include his/her heirs, executors,
administrators, successors-in-interest and permitted assignees).

[OR]

[If the Purchaser is a HUF]

Mr. / Ms. ___________________, (Aadhar no. __________________) son of

______________, aged about _________, for self and as the karta of the Hindu
Joint Mitakshara Family known as __________ HUF, having its place of
business/residence at _____________________________, (PAN
__________________), hereinafter referred to as the “Purchaser” (which
expression shall unless repugnant to the context or meaning thereof be deemed to
include his heirs, representatives, executors, administrators, successors-in-interest
and permitted assigns as well as the members of the said HUF, their heirs,
executors, administrators, successors-in-interest and permitted assignees).

[Please insert details of other Purchaser (s), in case of more than one Purchaser]

Whereasthe Promoter is the absolute and lawful owner of [khasra nos./ survey nos.]
[Please insert land details as per local laws] ___________ totally admeasuring
_____ square meters situated at _____in Tehsil & District_____________ (“Said
Land”) vide sale deed(s) dated ______________ registered as documents no.
________ at the office of the Sub-Registrar.

[OR]

_________________ (“Owner”) is the absolute and lawful owner of [khasra nos./

survey nos.] [Please insert land details as per local laws] ___________ totally
admeasuring _____ square meters situated at _____in Tehsil &
District_____________ (“Said Land”) vide sale deed(s) dated ______________
registered as documents no. ________ at the office of the Sub-Registrar. The Owner
and the Promoter have entered into a [collaboration/development/joint development]
agreement dated ____________ registered as document no. __________ at the
office of the Sub-Registrar.

And whereasthe Said Land is earmarked to build a [commercial/residential/any other

purpose] project, comprise _____ multi-storied apartment buildings and [insert any
other components of the Projects] and the said project known as
19

‘__________________’ (“Project”) which has been registered under the RE (R&D)

Act, 2016 and the Rules made thereunder bearing registration certificate No.
______________;

And whereas the promoter has executed a deed of Agreement for sale in favour of
the allottee purchaser by a deed dated the ____________ and registered at the
office of ____________________________which is annexed in this deed as
Annexure -1;
And whereas in pursuance of the aforesaid agreement for sale, apartment No.
_______________having carpet area of__________ square feet type________,
ON_______ floor in [Tower/block/building] No______(building) along with
garage/close parking No______measuring______________square feet in the
_________; (Please insert location of garage/close parking ) and undivided
proportionate interest in common area and facilities of the Purchaser ( hereinafter
referred as apartment) morefully described in schedule ‘A’ and the approved floor
plan and the apartment is annexed hereto and marked as Schedule ‘B’.

And whereas the occupancy certificate has been issued in respect of the said
apartment of the building situated in the said project by the local authority vide No.
____________________ dated ___________ and annexed to the deed as Annexure
-2,

And whereas the promoter/association allottee has submitted the Declaration before
the competent authority and the copy of declaration(s) is annexed to this Deed as
Annexure 3;
20

NOW, THEREFORE THIS DEED OF TRANSFER OF APARTMENT WITNESSES

AS FOLLOWS:

1. That in consideration of Rs. ________________ (Rupees

________________________________) paid by the purchaser to the said promoter,
which the promoter hereby acknowledges as the lawful and final price of the
Apartment and the promoters hereby transfers the said Apartment No.
_______________having carpet area of__________ square feet type________,
ON_______ floor in [Tower/block/building] No______(building) along with
garage/close parking No______measuring______________square feet in the
_________[please insert the location of garage/close parking] as permissible under
the applicable law and of undivided interest in common areas and facilities as
defined in clause(i) of section 2 of the Act, as describe in the Schedule A and floor
plan of the apartment as is annexed hereto as mark as schedule B of the property of
the said project situated at___________________(detail) has been allotted to the
purchaser as described in the said Schedule into the use of purchaser to have to
hold the same absolutely free from encumbranceswithout any interference and
disturbance by the promoter or anyone claiming through or under it.

1.2 The total above consideration based on the carpet area is Rs.
____________________________ (Rupees only ("Total Price") (Give break up and
description):

Explanation:

I. The Total Price above includes the booking, amount paid by the allottee/
purchaser to the Promoter towards the Apartment.

II. The Total Price above includes Taxes (consisting of tax paid by the promoter by
way of goods and services tax, cess and such other taxes levied, in
connection with the construction of the project and paid by the promoter) of to
the date of handling over the possession of the Apartment/ to the purchaser.
 III. The Total Price of [Apartment] includes: 1) undivided interest in the Common
Areas; and 2) garage(s)/closed parking(s) as provided in the Agreement.

2. That the said apartment as referred to in paragraph 1 above of this deed shall
hereinafter be subject to the provisions of the Odisha Apartment (Ownership and
Management) Act, 2023 (Odisha Act of 2023) and further declare that the purchaser
shall comply strictly with the covenants conditions and restrictions set forth in this
Deed and with the Bye laws forming part thereof including administrative
rules/guidelines made pursuant to Bye-law as mentioned from time to time.
21

3. The Promoter acknowledges, the purchaser shall have the absolute right title and
interest to the [Apartment] as mentioned below:

(I) The purchaser shall have exclusive ownership of the [Apartment as more fully
described] schedule A of this deed.

(II) The purchase shall also have an undivided interest in common areas. Where
the interest of Allottee in the Common Areas is undivided and cannot be
divided or separated, the purchaser shall use the Common Areas and
facilities along with other occupants, maintenance staff, etc., without
causing any inconvenience or hindrance to them.

(III) The promoter shall hand over the common areas to the association of
allottees after duly obtaining the occupancy certificate from the competent
authority as provided in the Act.

(IV) The Purchaser shall have exclusive right to use Basement Car Parking
No._________ as detailed mentioned in Schedule - A. The Purchaser shall
have right over the car Park(s) till his Ownership continues and if the
Purchaser transfers the Apartment, he shall cease to be Owner of the car
Parks.

4. upon execution of this deed it shall be lawful for the purchaser to hold enter upon
use occupy and enjoy the apartment as stated above without any claim or
interference, whatsoever, by the promoter.

5. That the purchaser shall –

(a) To maintain the apartment at his own cost and keep it in good condition and
repair the said apartment within intimation to the association and not to do any
repair work or construction in violation of laws rules or byelaws.

(b) use common areaand facilities in accordance with purposes for which they
 are intended without hindering on encroaching upon lawful life and
otherapartmentowner;

(c) Keep the apartment, itswalls, partitions,sewer, drains and pipes and
appurtenances andtheir belonging thereto in good condition and ensure that
the support, shelter of the building are not in any way damaged or
jeopardised;
22

(d) Not change the colour of the outer wall or painting of the window or carry out
any changes in the exterior elevation or design.

(e) Not put any signs, board or nameplates, publicity materials or advertising
materials, etc. on the face or faces of the building or anywhere on the exterior
of the project, building therein or common areas and facilities.

(f) Not to use the services areas and the basement in any manner whatsoever
other than the earmarked parking space, which is meant for use by the
association on allottees for rendering maintenance on services or any
otherusepermitted for the time being in force.

(g) Not take any action which will adversely affect the right of theassociation of
allottees with respect to common areas and facilities which were vested or to
be vested to the association of allottees.

(6) That the purchaser covenants shall complywith the provision of the deed,
byelaws, decision, resolution, guidelines and regulation of the association of
allotteesand instruction, the direction of the office bearer of the allotteeswhich are
conveyed or issued in accordance with the Act,rules and bye- laws.

(7) The Purchasers shall abide by the bye laws of the association and pay
contributions towards the common expenses payable for common areas and
facilities, and also pay government and municipal taxes or both in due time and shall
not be defaulted in such dues and common expenses charged by the association.

(8) No purchaser shall do any work which would be prejudicial to the soundness or
safety of the property or reduce the value thereof or impair any easement or
hereditament nor shall any apartment owner add any material structure or excavate
additional basement or cellar without first obtaining the consent of all the other
apartment owner. Association of apartment owners formed as per the provision of
the Act.

(9) That the purchaser shall have the absolute right to lease his apartment provided
that the said lease is made subject to the covenant and restrictions contained in the
deed and deed of transfer of common areas and further subject to the provisions of
the bye laws.

(10) That if the purchaser intends to transfer his apartment, he shall obtain no dues
certificate from the association of Allottees before such transfer.
23

(11) That the percentage of undivided interest in common areas and facilities
appertaining to the apartment mentioned in Schedule A shall not be encumbered in
any manner whatsoever on each apartment.

(12) That for the purpose of stamp duty and registration fee to be imposed on the
registration of this deed of the apartment shall be owned by the purchaser
exclusively and the promoter shall have no liability whatsoever thereto.

SCHEDULE-A
(Schedule on the details of Apartment)

IN WITNESS WHEREOF THE PARTIES HERETO SET THEIR RESPECTIVE

HANDS AND SIGNED THIS DEED OF APARTMENT at ___________ (city/town)
the day, the month and year mentioned above.

(Signature of the promoter).Signature of purchaser

(including Joint purchaser)

1.
2.

Witnesses
(Name and address)

1.

2.

N.B: This is a model deed of conveyance and its clauses may be appropriately
attended to comply to the provisions of extant laws and the facts specific to the
transactions.
24

FORM G
Deed of Transfer of Common Area and Facilities
(See rule 7(1))
This deed of Transfer of common area and facilities executed on this
____________________ day of ____________________, 20__________________,

By and Between

[If the promoter is a company]

_____________________ (CIN no. ________________________), a company
incorporated under the provisions of the Companies Act, [1956 or 2013, as the case
may be], having its registered office at ____________________________ and its
corporate office at __________________________(PAN -______________),
represented by its authorized signatory ________________________ (Aadhar no.
_____________) authorized vide board resolution dated ___________ hereinafter
referred to as the “Promoter” (which expression shall unless repugnant to the context
or meaning thereof) be deemed to mean and include its successor-in-interest,
executors, administrators and permitted assignees);

[OR]

[If the promoter is a Partnership firm]

________________________, a partnership firm registered under the Indian
Partnership Act, 1932, having its principal place of business at
________________________, (PAN ________________), represented by its
authorized Partner _____________________, (Aadhar no. __________________)
authorized vide ____________________, hereinafter referred to as the “Promoter”
(which expression shall unless repugnant to the context or meaning thereof be
deemed to mean and include its successors-in-interest, executors, administrators
and permitted assignees, including those of the respective partners).

[OR]

[If the promoter is an Individual]

Mr. / Ms. ________________________________, (Aadhar no.

__________________) son/daughter of _______________________, aged about
________________, residing at _________________________, (PAN
_______________), hereinafter called the “Promoter” (which expression shall unless
repugnant to the context or meaning thereof be deemed to mean and include his/her
heirs, executors, administrators, successor sin-interest and permitted assignees).

AND
25

___________________ (Name & address of the association of allottees) is an

association body corporate registered/ deemed to have been registered under the
provisions of the Odisha Apartment (ownership and management ) Act, 2023 having
its office at __________ represented by the Secretary (authorised signatory) ______
Aadhar No. ___________ herein after referred to as the association of
allottees(which expression shall unless repugnant to the context or meaning, thereof
be deemed to mean and include his successor in interest, executors, administrator
and assignees.

Whereas the Promoter is the absolute and lawful owner of [khasra nos./ survey nos.]
[Please insert land details as per local laws] ___________ Totally admeasuring
_____ square meters situated at _____in Tehsil & District_____________ (“Said
Land”) vide sale deed(s) dated ______________ registered as documents no.
________ At the office of the Sub-Registrar._____________.

[OR]

_________________ (“Owner”) is the absolute and lawful owner of [khasra nos./

survey nos.] [Please insert land details as per local laws] ___________ Totally
admeasuring _____ square meters situated at _____in Tehsil &
District_____________ (“Said Land”) vide sale deed(s) dated ______________
registered as documents no. ________ at the office of the Sub-Registrar. The Owner
and the Promoter have entered into a [collaboration/development/joint development]
agreement dated ____________ registered as document no. __________ at the
office of the Sub-Registrar.

And whereasthe Said Land is earmarked to build a [commercial/residential/any other

purpose] project, comprise _____ multi-storied apartment buildings and [insert any
other components of the Projects] and the said project known as
‘__________________’ (“Project”) which has been registered under the RE (R&D)
Act, 2016 and the Rules made thereunder bearing registration certificate No.
______________ and the approved lay out plan of project is annexed to this deed
and marked as Annexure-I

And whereas the promoter has transferred the apartment constructed over the
approved project (please insert detailed of the apartment area transferred to different
allottees/purchaser and it is required to transfer the common area and facilities
(herein after refer to as the common area) to the association of allottees as per sub
section (1) of Section (17) of the R E (R & D) Act, 2016;
26

And whereas the occupancy certificate has been issued in respect of apartments
covered under the approved project;

And whereas the common areas as mentioned in the approved plan of the project
has been more-fully described in the Schedule to this deed;

And whereas the promoter/association allottee has submitted the Declaration before
the competent authority and the copy of Declaration(s) is annexed to this Deed as
Annexure2;
NOW, THEREFORE THIS DEED OF TRANSFER OF COMMON ARES AND
FACILITIES WITNESSES AS FOLLOWS:

1. That the said Common area as referred in the SCHEDULE to this deed shall
hereinafter be subject to the provisions of the Odisha Apartment (Ownership and
Management) Act, 2023 (Odisha Act of 2023);

2. The Promoter acknowledges that the purchaser while have the absolute right, title
and interest in their respective apartment, the un-divided proportionate title in the
common area shall stand transferred to the association of the allottees and as
mentioned below:

(a) The purchaser of the apartment (hereinafter referred to as the Apartment

owner) shall have an undivided interest in common areas which cannot be
divided or separated.

(b) The Apartment owner shall use the Common Areas and facilities along with
other occupants, maintenance staff, etc., without causing any inconvenience
or hindrance to them.

(c) The promoter shall hand over the common areas to the association of
allottees after duly obtaining the occupancy certificate from the Competent
Authority as provided in the Act.

3. upon execution of this deed it shall be lawful for the apartment owner to hold,
enter upon, use, occupy and enjoy the Common area as stated above without any
claim or interference whatsoever by the promoter.

4. That the Apartment owner shall Comply with the provision of the deed, byelaws,
decision, resolution, guidelines and regulation of the association of allottees and
instruction, the direction of the office bearer of the Association Allottees which are
conveyed or issued in accordance with the Act, rules and bye- laws in respect of
common areas.
27

5.That the common areas (whether general & restricted) shall remain undivided and
no owner shall bring any action for partition or division thereof.

6.The percentage of the undivided interest of each apartment owner in the common
areas and facilities shall have a permanent character and shall not be altered without
the consent of all the apartment owners.

7.The percentage of the undivided interest in the common area and facilities shall
not be separated from the apartment to which it appertains and shall be deemed to
be conveyed or encumbered with the apartment, even though such interest is not
expressly mentioned in the conveyance or other instrument.

8. The necessary work relating to maintenance, repairs and replacement of the

common area and facilities and the making of any additions or improvements
thereto. shall be carried out by the association of allottees only in accordance with
the provisions of this Act and the bye-laws.

SCHEDULE
TABLE

COMMON AREA AND FACILITIES

(A)Details of land
(i) Plot No.
(ii) Mouza
(iii) Khata No.
(iv) Village/City
(v) Bounded by
North
South
East
West

(B)Building
Sl.No. Description Area in Sqm. Floor Total

1 2 3 4 5

1 Stair case

2 Lift

3 Lobbies

4 Fire Escape

5 Common basement

6 Corridor

7 Watchmen’s Room

8 General Toilet/Bath

9 Electrical Room

28
1 2 3 4 5

10 Pump House

11 Open Terrace
 12 Society Room

13 Gym

14 Club

15 Office Room

(C)Facilities
Sl.No. Description Area in Sqm. Floor Total

1 2 3 4 5

1 Air conditioning plant

2 Incinerator

3 Open Parking

4 Water Tank

5 Sumps

6 Fire Installation
equipments

7 Rain Water
harvesting structure

8 Composting pits

9 Micro composting centre

10 STP

11 Motors

12 Solar Panels

13 Water heating system

14 Swimming Pool

15 Children’s play area

16 Parks

17 Equipments

NB: Additional item, if any, may be added for the purpose of common area and
 facilities other then common area and facilities mentioned above.

IN WITNESS WHEREOF THE PARTIES HERETO SET THEIR RESPECTIVE

HANDS AND SIGNED THIS DEED OF APARTMENT at ___________ (city/town)
the day, the month and year mentioned above.
(Signature of the promoter) Signature of Authorized Person On behalf of
_________________
(Name) Association of Allottees

Seal
Date
Witnesses
(Name and address)
1.

2.
29

FORM H
[see rule 7(1)]
PART – A
Register for Deed of Transfer of Apartment
1. Name of the project:
2. Address of the project:
3. No. of floor of the building:
4. No of block in the building:
5. No of apartments of the building:
6. District and Tahasil in which the deed of transfer of the apartment is
registered:
Sl. No. Name and Date of Date of Name and
address of execution of Registration Address of
the conveyance with serial transferor/
transferor of deed number subsequent
the volume and page. transferor of
apartment the Apartment

(1) (2) (3) (4) (5)

5
 PART – B

Register for deed/document of transfer of Common area

1. Name of the Project :

2. Address of the Project :

3. No. of Block in the building :

4. Name of the Association of Allottees:

and name of the apartment.

5. District and Tahasil in which deed of

Of transfer of common area is registered ( if any) :
Details of common area and facilities

Land details (including area) Building & open space

(1) (2)

30

FORM I

[See rule -7 (2) ]

Intimation relating to deemed transfer of common area under section 8 (8) of

the Odisha Apartment (Ownership and Management) Act, 2023.

To

The Competent Authority,

______________________
Sir,

I hereby communicate that in the general body meeting duly held on

dt.______________ the (name ) Association of allottees of
________________(Name) Apartment have resolved and identified the following
common area and facilities as specified in the Table below, of the apartment project
deemed to have been transferred to _____________ (name) association of
Allottees.
 TABLE
Details of the common area Extent of land

(1) (2)

Plot No., Khata Description of

No. Mouza common area
and facilities.

(a) (b)

Date_____________

Signature of the Secretary

of Association of allottees
with Seal and date.
31

FORM J

[See rule (8)]

Form of Memorandum of Appeal under section 25 of the Odisha Apartment

(Ownership and Management) Act, 2023.

For Office Use Only

Date of filing:

Date of Receipt by Post:

Signature of Receiving Officer

with seal.

Before the Appellate Authority. . . . . . . . . . . . . . . . .. . . .

(Name of Place)

Appeal No . . . . . .date. . . . . . . . . .

Name and address of the Appellant(s) ….. Appellant

Contact detail with Phone number and Email.(if any)

Vrs
Name and address of the Respondent … Respondent

with contact details and Email(if any).

(2) Jurisdiction of the Appellate Authority:
The appellant shall declare that the
subject matter of the claim falls within
the Jurisdiction of the Appellate Authority.

(3) Limitation of the appeal:-

(If filed after expiry of the limitation
specified in section 25 of the Odisha
Apartment (Ownership and Management)
Act,2023, Specify the reason of the delay):

(4) Brief facts of the case:

(Give a concise statement of
facts and grounds for complaint).
32

(5) Relief(s) sought for:

Specify below the relief (s) claimed
explaining the grounds of relief and
the legal provision (if any) relied upon
(6) Interim order, if any, prayed for:
(Pending final decision on the appeal,
the Appellant seeks issue of the
following interim order):

(Give here the nature of the interim order prayed for with reason). (7) Certificate to

the effect that the matter not pending with any other Courts now etc. (8) Particular

on payment of

fee:_______________________________________________________________

(9)List of enclosures: (document including an authenticated copy and the order

against which appeal is filed)
 Verification

I, . . . . . . . . . . . . . . . . . . . . . . . (Name in below) Son/Daughter of Sri . . . . . . . . . . . . .

. . . . . . . . . . . . . . . , the Appellant do hereby verify that the content of paragraphs (1-
9) are true to my personal knowledge and belief and that I have not suppressed any
material facts.

Place:_____________ Date:______________ Appellant

33

SCHEDULE
[see rule3(2)]

(Model Bye Laws for the association of allottees under section 15 of the
Odisha Apartment (Ownership and Management) Act, 2023.

Bye laws of (Name of the project) association of allottees

1. Name of the association of allottees.-(1) The name of the association of

allottees shall be ………………………………………………….

(2) The registered office of the association of allottees shall be

at…………………………………………………….in………………………………………
…….

2. Definitions.- (1) In these bye- Laws, unless the context otherwise requires.-

(a) “Act” means the Odisha Apartment (Ownership and Management) Act, 2023
(Odisha Act 8 of 2023)

(b) “allottee” means an allottee as defined in the Act;

(c) “association of allottees” means an association of allottees as defined in the Act;

(d) “authority” means the Odisha Real Estate Regulatory Authority established
under sub-section (1) of section 20;

(e) ‘Executive Committee’ means the committee consisting of the President, Vice
President, Secretary, Treasurer and three executive members who shall be elected
in accordance with these bye-laws and shall be responsible for day-to-day
management of the association of allottees;

(f) “Extra-ordinary resolution” means a resolution passed by general body meeting

with the consent of ninety percent of total members of the association of allottees;

(g) “general body” means all the members of the association of allotees;

(h) “member" in relation to the project concerned, means a person to whom

apartment or building, as the case may be, has been allotted, sold or otherwise
transferred by the promoter in accordance with the provisions of the RE(R&D) Act,
but does not include a person to whom such, apartment or building, as the case may
be, is given on rent;

(i) ‘majority’ means fifty one percent of the members present in person;
34

(j) “ordinary resolution” means a resolution passed with the consent of fifty-one
percent of the members of the association of allottees;

(k) “RE(R&D) Act” means the Real Estate (Regulation and Development) Act,2016
(16 of 2016);

(l) “reserved matters” means the list of matters, decisions in respect of which can be
taken only in an Extra-ordinary general body meeting of the members held in
accordance with these bye-laws such as, —

(a) to amend the bye-laws of association of allottes;

(b) decision regarding dissolution of the association of allottees; and (c)

matters pertaining to Section 9, Section 15 and Section 30 of the Act; and

(m) 'special resolution’ means a resolution passed by the members, with two third
votes in favour of resolution.

(2) Words and expressions used in these bye-laws, but not defined herein above,
but defined in the RE (R&D) Act shall have the same
meaning respectively assigned to them in the Act.
3. Aims and objective of the association of allottees.- The association of allottee
is established in pursuance of the provisions of the RE(R&D) Act and the Act shall
carry out the following objectives, namely:-

(a)to ensure the entitlements of all allottees as provided under the RE (R&D) Act
and the rules made there under;

(b) impose and collect the share of the common expenses from the apartment
owners;

(c) provide for maintenance, repair and replacement of common areas and facilities;

(d) impose such restrictions in the requirements relating to use and maintenance of
the apartments and the use of common areas and facilities not set forth in the
declaration, as are designed to prevent unreasonable interference with the use of the
respective apartment and of the common areas and facilities by the several
apartment owners;

(e) keep the financial records and book of Accounts;

(f) retain and rent out on license, suitable portions of the common areas and
facilities to non-residents for commercial purpose, if all the members agree and give
written consent after obtaining the permission of the competent authority and to
distribute the resulting proceeds to the apartment owners or application thereof in
reduction of the common charges for maintaining the buildings or to accumulate the
same for making a reserve fund, to be used for major repairs of the buildings;
35

(g) designation and removal of persons employed for the maintenance, repair and
replacement of the common areas and facilities;

(h) the income and/or Funds/deposit of the association of allottees, if any, shall be
utilised only for the objectives of the association of allottees;

(i) carry-out socio-cultural or recreational activities with individual/institution for the

benefit of the apartment owners; and

(j) frame procedure for the method of adopting and amending administrative rules
and regulations governing the details of operation and use common areas and
facilities.

(k) Frame such regulation and issue guidelines as may be required for day to day
smooth management and functioning of the Apartments.

4. Membership of the association of allottees.- (1) All allottees of the project in

whose favour allotment letter has been issued by the promoter shall become
members of the association of allotteesand each such member shall pay fee of
Rs.100/- ( one hundred rupees) as entry fees towards such membership.

(2) No person other than the allottee shall be entitled to become a member of the
association of allottees.

(3) Each member may receive a copy of the bye-laws on payment of Rs.3/-
(Rupees three only) for each page

(4) All members shall accept and strictly adhere to these bye-laws.

(5) Upon transfer of any apartment or building, as the case may be, in the project by
an allottee by way of sale, gift, will or otherwise, the purchaser or the donee or the
legatee, as the case may be, shall become a member of the association of allottees
on the basis of such transfer and the transferee after becoming owner thereof shall
be admitted as member of the association of allottees on payment of Rs. 100/- (One
hundred rupees) as entry fees towards such membership.

(6) A member dying intestate may be substituted by his legal heirs or

representatives on production of documents to the satisfaction of the Executive
Committee of the association of allottees and where any legatee is a minor, he shall
be represented by his legal guardian.

(7) The legal heirs or representatives of the deceased shall succeed to the rights
and liabilities of the deceased as a member of the association of allottees.

(8) Any person entitled to become a member of the association of allottees on

account of reasons mentioned in sub-clauses (5) and (6) of this clause shall sign and
execute such applications, forms, agreements, etc. as are required by the promoter
and the association of allottees to put such new member in place of the outgoing
member.
 36

5. Joint allotees: - Where an apartment or a building, as the case may be, is

allotted to two or more persons, the person whose name stands first in the
Agreement for sale of such apartment or building, as the case may be, shall become
the member of the association unless such joint allottees nominate one amongst
them to be a member of association in respect of such apartment or building, as the
case may be.

6. Disqualification. -(1) No allottee shall be entitled to vote in the election of office

bearers of the association including the President, Vice-President, Secretary, or
Treasurer and also shall not be eligible to contest for election to such office till arrear
dues are cleared by him under the bye-laws.

(2) No allottee shall be entitled to participate in any meeting for passing any
resolution till arrear dues are cleared by him under the bye-laws.

Note: — The names of allottees and the amounts in arrears shall be displayed at
least 15 days before the date of meeting on the notice board at the office of the
association of allottees till such time, as the arrears remain un-cleared.

(3) The General Body in its meeting shall take appropriate action including
disqualification from membership against any member who violates the conditions of
any of the clauses specified in these bye-laws.

(4) Where any person transfers his apartment by way of a sale, gift, exchange or in
any other manner, he shall cease to be a member of the association of allottees.

7. Voting.- (1) Each allottee shall have one voting right, in case of, -

(a) an Individual member, himself or herself, in person;

(b) trust, by any of the Trustees, duly authorized by the other Trustees;

(c) substituted Legal heirs, any member of the family who is a member of the
association of allottees;

(d) Joint ownership, the individual nominated to be a member of the

association of allottees;

(e) a legal heir who is a minor, his or her legal guardian; and

(f) a registered company, by a director, or any other officer duly authorized

by the company; and

(g) in absence of allottee, the tenant or his or her family member residing in
the apartment, authorised by the allottee.

(2) Voting will be by secret ballot, or show of hands as decided by the President.

(3) Each member shall have only one vote to caste irrespective of the number of the
apartments held by that member in the project.
37
8. Quorum. - Except as otherwise provided in these bye-laws.--

(a) the presence of minimum 2/3rd of the members shall constitute a quorum
for general body meeting;

(b) the presence of minimum 3/4th of the members shall constitute a quorum
for conducting election to the Executive Committee or dissolution of the
Executive Committee or removal of any elected member to any of the
office of office bearers of the association of allottees;

(c) the presence of minimum 2/3rd members of Executive Committee shall

constitute a quorum for all meetings of the Executive Committee; and

(d) the presence of minimum 2/3rdof the members shall constitute a quorum
for extra-ordinary general body meeting for decision on any of the matters
listed in reserved matters list.

9. Vote to be cast in person only.-In any meeting of the association of allottees,

vote may be cast in person only.

10. First Annual General Body Meeting and election of President.-(1) The first
annual general body meeting of the association of allottees shall be held for election
of President and other office bearers of the association of allottees.

(2) The President of the association of allottees after being duly elected shall
preside over the meetings at that first meeting and thereafter.

(3) ln absence of the President, the Vice-President shall Chair the meetings.

(4) The annual general body meeting of the association of allottees shall be held
every year within two months of the end of financial year, unless there arises any
urgency for calling the emergent meeting earlier.

11. Notice of Annual General Body Meeting.- (1) Notice of every annual general
body meeting shall be given to all members at least twenty-one days prior to the date
of such meeting and such notice shall contain the date and time, place and agenda
of the meeting.

(2) The notice shall also be displayed on the notice board of the office of the
association of allottees.

(3) A general body meeting may be held at the request of 51% of the members of
the association of allottees by furnishing fifteen days prior written notice to discuss
certain emergent issues.

12. Extraordinary General Body Meeting.- (1) Extraordinary general body meeting
may be called for taking decision on any of the reserved matters.
38

(2) Notice of every Extra-ordinary general body meeting shall be given to all
members at least (seven) 07 days prior to the date of such meeting and such notice
shall contain the date, time, place and agenda of the meeting,
 (3) The notice shall also be displayed on the notice board of the office of the
association of allottees.

13. Adjourned meeting.- If any meeting could not be held for want of quorum, the
members who are present may adjourn the meeting to a time not more than 24
hours from the time the original meeting was called and if at such meeting also, no
quorum is present, then the meeting shall stand adjourned to another date, not
beyond a period of one month from the date fixed for the first meeting, which may be
held without quorum.

14. Minutes.-(1) The Secretary shall cause to be entered all proceedings of

meetings of the association of allottees into the minute book.

(2) The pages of the minute books must be consecutively numbered and
authenticated by the President of the association of allottees.

15. Resolution.- (1) Agenda of the meeting shall be discussed and decision shall be
taken, ordinarily, in the form of a resolution.

(2) Agenda relating to, —

(a) expulsion of any member; or

(b) matters pertaining to common expenses, budget and finance, etc.,

shall be decided by the special resolution.

(3) Agenda relating to, —

(a) to amend byelaws of association of allottees;

(b) decision regarding dissolution of the association of allottees; and (c)

matters pertaining to Section 9, Section 15 and Section 30 of the Act, shall be

decided in an Extra-ordinary meeting.

16. Executive Committee, election and term of office.- (1) The affairs of the
Association shall be managed by the Executive Committee.

(2) The Executive Committee of the association of allottees shall consist of

President, Vice- President, Secretary, Treasurer and three Executive members.

(3) The members of Executive Committee shall not be entitled to any remuneration.
39

(4) The term of members of the Executive Committee shall be for two years.

(5)The members of Executive Committee shall be elected at the annual general

body meeting before expiry of the term of existing Executive Committee.

Explanation : For removal doubt it is hereby clarified that the promoter(s) shall not
be eligible to become members of the Executive Committee till occupancy certificate
issued and possession of the apartment were delivered to the allottees.

(6) The first election to the Office of the members of the Executive Committee shall
be held with at least seven allotteesor 50% of the allottees of the entire project
whichever is lower as member and shall continue unless removed earlier, for a
period of two years from the date of election.

17. Power and functions of the Executive Committee.- (1)The Executive

Committee shall have the following powers and functions, namely:—

(a) The Executive Committee shall perform all the functions necessary for the
management of the affairs of the association of allottees including those specifically
delegated by the association of allottees:

Provided that the Executive Committee shall exercise its powers subject to
the provisions of these bye-laws;

(b) The Executive Committee shall also have the powers to co-opt two persons from
among the members, to assist the Executive Committee in its day-to-day activities
and in such case, the persons so co-opted shall become associate members, but
such associate members shall have no right to vote in the meetings of the Executive
Committee;
(c) to expel a member on the recommendation of the General Body under sub
clause (3) of clause 6 of these bye-laws;
(d) to prepare the annual budget; and

(e) to implement t h e orders passed in the general body meeting and to do other
things which are in the interest of the association of allottees.

(2) The Executive Committee shall have the responsibility to carry out orders,
directions or instructions of any competent authority.

18. Powers and functions of office bearers of Executive Committee.— The

following powers shall be exercised and the functions shall be performed by the
office bearers, namely:—

(I) President:

(a) The President shall preside over the meetings of the Executive Committee as
well as general body meetings;
40

(b) The President shall have all of the general powers and function which are usually
vested in the office of the President of an association of allottees, including,
but not limited to assist in the affairs of the association of allottees.

(II) Vice President:

(a) In the absence of the President, the Vice-President shall perform the functions
of the President;

(b) in case both the President and the Vice- President are absent, the Executive
 Committee shall appoint some other senior member of the Executive
Committee to act as the President as an interim arrangement; and

(c) the Vice President shall also perform such other functions as may be, from
time to time, assigned to him by the Executive Committee.

(III) Secretary:

(a) The Secretary shall be responsible for general administration and procedural
functions of the association of allottees;
(b) the minutes of all the meetings shall be kept by the Secretary;
(c) notices of all meetings shall be issued under his signature;
(d) he shall have the charge of all records and documents of association of
allottees;
(e) he shall perform all duties as directed by the Executive Committee or
incidental to the office of the Secretary;
(f) the Secretary shall be the authorized spokesperson and carry out all
correspondences on behalf of the association of allottees; and
(g) the Secretary may sue or be sued for and on behalf of the association of
allottee.

(IV) Treasurer:

(a) All the financial functions and other related functions in respect of the
association of allottees shall be carried out by the Treasurer;

(b) the Treasurer shall be responsible for the funds as may be collected from the
members;

(c) he shall also keep full and accurate accounts of all receipts and
disbursements in the cash books and also perform such other duties as may
be directed by the Executive Committee;

(d) he shall keep not more than five thousand rupees in his hand for day to day
expenditure of the association of allottees and the rest amount shall be
deposited in the Bank Account within seven working days from the date of
collection.
41

19.Vacancies.- The vacancy in the office of any office bearer of the association of
allottees by reason of death or otherwise shall be filled by a decision to be taken in
the general body meeting and in case it is not possible any other elected member
may be kept in charge till the election is held.

20. Removal of members of Executive Committee.- Any elected member may

be removed from office by a decision of at least 2/3rd members of the association of
allottees in a general body meeting only after giving him an opportunity of being
heard.

21. Organization of meetings of Executive Committee.- (1) The 1st meeting

of a newly elected Executive Committee shall be held within (thirty) 30 days of
election at such place as may be decided by the President by the meeting at which
such members were elected.
 (2) No notice shall be necessary to the newly elected members in order to
convene such meeting provided a majority of the members of the Executive
Committee are present.

22. Regular meetings of Executive Committee.-(1)Regular meetings of the

Executive Committee may be held at least once in four months and not less than
three times in a calendar year, on such time and place as may be decided by the
President.

(2)Notice of regular meetings of the Executive Committee shall be given to each

member personally or by Email or through any electronics mode as may be decided
by the association of allottees or by Registered post, at least seven clear days prior
to the day fixed for such meetings.

(3)The Secretary shall maintain the minutes of meetings.

(4) The quorum of the meeting shall be more than half of the total number of
members of Executive Committee

(5) In the absence of the quorum, the meeting shall be adjourned.

23. Special meetings of Executive Committee. — (1) Special meetings of the
Executive Committee may be called by the President with prior notice to each
member of the committee given personally or by E-mail orthrough any electronics
mode as may be decided by the association of allottees or by registered post and
such notice shall state the date, time, place and the purpose of meeting.

(2) The period of notice of such meeting shall be decided by the President
depending upon the urgency of the matter to be discussed at such meeting.

24. Emergency meetings of the Executive Committee.—(1) Emergency

meetings of the Executive Committee may be convened by the Secretary with
permission of the President by a notice for convening the meeting.
42

(2) All decisions of the emergency meeting shall be ratified in a special meeting
convened for the purpose within ten days of the emergency meeting, failing which
the decision taken at emergency meeting shall stand void.

25. Resignation: — (1) An elected office bearer may resign at any time by
sending a letter of resignation to the President or, in his absence, to the Secretary of
the association of allottees and such resignation shall take effect from the date of
acceptance by the Executive Committee or one month from the date of tendering
resignation, whichever is earlier.

(2) Before acceptance of the resignation, the member may withdraw the same in
writing.

26. Obligations of the members. - Every member shall abide by the provisions of
the bye-laws of the association of allottees and follow all resolutions or decisions of
the general body, as conveyed through the Executive Committee.

27. Cessation of Membership. -(1) An elected member of the Executive

Committee shall cease to be such member if he is convicted in a criminal case
involving moral turpitude.

(2) Membership of the association of allottees shall be terminated, if continuation of

such member is considered to be against the interest of the association of allottees
by the general body after giving him a reasonable opportunity of being heard.

28. Funds.- Funds may be raised by the association of allottees in all or any of the
following. ways, namely:-

(a) by membership fees and charges collected in accordance with bye-laws; and

(b) by contribution and donation from the allottees.

29. Investment.-The association of allottees may deposit its funds in any

Nationalized or Scheduled Bank.

30. Accounts.-(1) The Treasurer shall keep proper books of accounts of all income
and expenditure of the association of allottees and shall prepare income and
expenditure account and balance sheet as on the 31st day of March of every
Financial Year.

(2) The accounts of the association of allottees shall be audited by a qualified

auditor or a firm of Chartered Accountant to be appointed by the Executive
Committee.

(3) One or more bank account(s) in any Nationalized or Scheduled Banks may be
opened in the name of the association of allottees.
43

(4) The bank accounts shall be operated jointly by the Secretary and Treasurer of
the association of allottees.

(5) The audited financial statement and the report shall be opened to the inspections
by any member of the association allottees during such period of time as may be
determined by the Executive Committee.

31. Publication of accounts and reports. – (1) The financial year of the
association of allottees shall be from the 1st of April to the 31st of March.

(2) A copy of the last financial statement and the report of the Auditor, if any, shall
be kept in a conspicuous place in the office of the association of allottees and shall
be placed in the general body of the association of allottees after being approved by
the Executive Committee and the copy such financial statement and the report shall
be submitted to the concerned Competent Authority not later than 18 th day of August
every year.

32. Seal of the association of the allottees.- (1) The association of allottees shall
have a common seal which shall be in the custody of the Secretary and shall be
used by the Secretary or any other person under the authority of the resolution of the
Executive Committee .

(2) A chronological record of the list of the seal used shall be maintained in a
register kept for the purpose.
 33. Amendment of the bye-laws. - Subject to the approval of the Competent
Authority, the bye-laws of the association of allottees may be amended by way of
alteration, omission, insertion or addition thereto at the general body meeting by a
2/3rd of members present and voting in the general body meeting.

PRESIDENT TREASURER SECRETARY

N.B : The association of allottees may add, alter or modify any of the provisions of
the model bye-laws but such addition, alteration or modification should not be made
inconsistent with the provisions of the RE (R & D) Act, the Act and the rules made
thereunder.

By Order of the Governor G. MATHI VATHANAN

Additional Chief Secretary to Government

Printed and Published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-
10 OGP/SBP Ex.Gaz.2549-183+60