Resolution No.301 passed in the 42nd Governing Body Meeting held on 11.12.2012
““Resolved that the Paras 19.1(a), 19.2 and 19.3(a) of General Rules may be read as follows:
19.1 (a). IRWO will nominate an ad-hoc committee of at least two and not more than five allottees (from those who are actually residing in the complex) as soon as at least 10% of the allottees start residing in the complex. One of the members of the Committee will act as the Chairman of the Committee. The Ad-hoc committee will draft the bye-laws of the Allottee Welfare Association/Society. The Draft Bye-laws will be submitted to IRWO for approval after which the Association will be got registered with the Registrar of Societies of the area.
19.2. Formation of the Association
a) The Association must be formed within one year of the issue of the Allotment Letter to the allottees.
b) For maintenance of the housing complex for the above period of one year, IRWO will collect, in addition to the maintenance fund (Para 23), amounts from the allottees at the rate of 50 paise per sq. feet per month for one year before issuing the possession letter.
c) This additional amount will ensure that the full Maintenance Fund is available to the Association at the time it takes over the maintenance of the complex.
d) Any surplus from the amounts collected at (b) above would be transferred to the Maintenance Fund at the time it is handed over to the Association. Any shortfall would, of course, have to be adjusted from the same Fund.
19.3. Duties of the Association.
a) The Association will act according to the Bye-laws registered with the Registrar of Societies.”
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Resolution No.300 passed in the 42nd Governing Body Meeting held on 11.12.2012
““Resolved that Para 4.2 may be read as under:-
4.2.1. In case of unpopular schemes, membership for the specific scheme may be allowed to the following personnel on case to case basis:-
a) Blood relations of IRWO members viz. parents, spouse, children, grand children including adopted children, brother(s) & sister (s) including their spouses (as co-owners).
b) Working /Retired.:
i) Employees of Central Government, Central Government PSU and employees of Statutory Authorities & Autonomous Bodies under Central Government.
ii) Army/Air Force/Naval Personnel.
iii) Employees of State Government, State Government PSUs and employees of Statutory Authorities & Autonomous Bodies under State Government.
iv) Employees of Nationalised Banks.
Priority may be given in the order indicated above. In case of Blood Relations, application will have to be forwarded by the concerned IRWO member, quoting his primary membership number. In case more than one application is received from Blood Relations of an IRWO Member, he/she will have to specify the priority amongst these Blood Relations while countersigning the application. Applications in respect of other categories will have to be forwarded by their controlling officers. Allotment both within the categories of IRWO members and within the category of blood relations may be based on seniority of members as per IRWO rules. For other categories allotment may be decided by draw of lots, if required.
Further in relaxation of provisions of para 15 of IRWO General Rules, IRWO members who have already been allotted two DUs may also apply for unpopular scheme. However, 1st time applicants may get priority over 2nd time applicants and so on. Similarly, among Blood Relations, 1st priority blood relations will get priority over 2nd priority blood relations (in case more than one blood relations of an IRWO member apply) and so Allotment made to blood relations will not be considered as allotment to IRWO members. Applicants (other than IRWO members) applying for an unpopular scheme will also be required to become member of IRWO for the specific scheme before allotment of DU to them.
Further, an allottee of other schemes which have not been declared as unpopular wishes to switch over to the unpopular scheme he can do so in terms of the following procedure:
a) Application for switchover from the existing scheme to the unpopular scheme may be made in the scheme application form (clearly indicating change of scheme on top) during the period of opening of unpopular scheme only. Difference in booking money (if booking money is more) should be deposited along with the application.
b) Application will be clubbed along with the applications received for fresh booking and allotment will be based on as per rules of IRWO.
c) When change of scheme is approved, applicant will have to pay the difference between the instalments of new scheme (if more) and instalments already paid for the existing scheme plus Equalisation Charges. No deduction will be made for withdrawal/switchover.
d) For switchover to an unpopular scheme difference between the booking money/instalment amount would be adjusted in future instalments.
e) Such applicants for switchover to unpopular scheme after issue of booking letter will be considered only in respect of those allottees who have paid all the instalments due as on date of receipt of application.
4.2.2. Vacant Dwelling Units in an unpopular scheme may also be offered for sale to Central & State Government PSUs , Statutory Authorities and Autonomous Bodies at the same terms & conditions. However, such sale will be the last option after all eligible applicants as per para 4.2.1 are covered.
".
Resolution No.299 passed in the 42nd Governing Body Meeting held on 11.12.2012
““Resolved that Paras 23.1 and 24.1 of General Rules may be read as under:
23.1. A maintenance fund will be created for efficient maintenance and satisfactory functioning of common services in the colony.The Fund will be created by charging an initial amount from the allottees before making over possession of the dwelling unit. In case of multistorey building this amount shall be 4.5% of the cost of the dwelling units without lift and 6.5% of the cost of dwelling units with lift. In case of single storey/duplex houses the percentage shall be 3%of the cost of the dwelling unit. However, the actual amount will be communicated along with the Allotment Letter.
24.1. A Depreciation Reserve Fund will be created for each housing project for the purpose of having adequate funds available for replacement of such items of capital expenditure as lifts, water supply arrangements, generator etc. The Fund will be created by charging 1% of cost of the dwelling unit from the allottees before making over possession of the dwelling unit.”
“.
Resolution No.298 passed in the 42nd Governing Body Meeting held on 11.12.2012
“Resolved that Para 17(d) of General Rules may be read as under:-
17(d). After issue of allotment letter, allottees will be given a notice specifying the period in which all formalities must be completed and the possession of Dwelling Unit taken. An allottee who exceeds the notified period will be charged administrative expenses at the following rates per month or as per rates to be decided from time to time:
Type of DU Within 3 months After 3 months
I & II Rs. 1000 Rs. 2000
III & IV Rs. 2000 Rs. 4000
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Resolution No.297 passed in the 42nd Governing Body Meeting held on 11.12.2012
“Governing Body notes the efforts made in procuring land both from State Governments and private sources for housing schemes at various locations and agrees with the procedure adopted in procuring private land “.
Resolution No.296 passed in the 42nd Governing Body Meeting held on 11.12.2012
“Resolved that –
IRWO is authorized to raise Loan from HUDCO, not exceeding Rs. 200.00 Crore (Rupees Two Hundred crore only), for the purchase of Land at various places and other related expenditure i.e., E.D.C., I.D.C., Stamp Duty etc. from time to time as per requirement.
The following Directors / General Managers viz Shri R.P. Agrawal, Director, Technical, Shri A.K. Bhatnagar, Director, Finance, Shri Y.P. Gulati, General Manager (G), Shri S.P. Gupta, GM (Finance) and Shri S.K. Patni, Addl. G.M. (Fin) be and are hereby authorized severally to convey to HUDCO acceptance on behalf of IRWO the offer for loan on the terms and conditions contained in the sanction letter to be received and agree to such changes and modifications in the said terms and conditions as may be suggested and acceptable to HUDCO from time to time and to execute such deeds, documents and other writings as may be necessary or required for this purpose.
IRWO may borrow from HUDCO the loan not exceeding Rs.200.00 Crore (Rupees Two Hundred crore only) in phased manner as per requirement on the terms and conditions set out in the Standard form of Loan Agreement including its General Conditions for loan in addition to the special terms and conditions, if any to be received from HUDCO.
The standard form of Loan Agreement be and is hereby approved and the following Directors / General Managers viz Shri R.P. Agrawal, Director, Technical, Shri A.K. Bhatnagar, Director, Finance, Shri Y.P. Gulati, General Manager (G), Shri S.P. Gupta, GM(Finance) and Shri S.K. Patni, Addl. G.M. (Fin) BE AND ARE HEREBY severely authorized to accept on behalf of the Society with such modifications therein as may be acceptable to HUDCO and finalize the same.
The Loan Agreement (as per the standard forms with such modification as may be agreed to between HUDCO and IRWO) be executed by Shri R.P. Agrawal, Director, Technical, Shri A.K. Bhatnagar, Director, Finance, Shri Y.P. Gulati, General Manager (G), Shri S.P. Gupta, GM(Finance) and Shri S.K. Patni, Addl. G.M. (Fin) of IRWO severally.
IRWO shall execute the Loan Agreement and provide securities as stipulated therein relating to the above loan within the period stipulated by HUDCO, the condition being that till such Agreement is executed and securities provided, there is no binding obligation or commitment on the part of the HUDCO to advance any money or incur any obligation there-under.
Shri R.P. Agrawal, Director, Technical, Shri A.K. Bhatnagar, Director, Finance, Shri Y.P. Gulati, General Manager (G), Shri S.P. Gupta, GM(Finance) and Shri S.K. Patni, Addl. G.M. (Fin) of IRWO be and are hereby severally authorized to accept amendments to such executed Loan Agreement, and / or other documents as and when become necessary and to sign letter(s) of undertakings, declarations, agreements, acknowledgement(s) and other papers which the Society may be required to sign in connection with the aforesaid loans.
IRWO is agreeable and is in a position to:
meet the difference between the project cost and the sanctioned loan from its own resources before drawing any loan;
repay the loan installments within the prescribed period and payment of interest on due dates.
Executive Committee and officers of IRWO be and are hereby authorized to acknowledge debt on behalf of the Society.
Governing Body authorizes Land Purchase Committee to negotiate and finalize land purchases at various places out of Loan of Rs. 200.00 crore to be sanctioned from HUDCO.
Governing Body further resolved that:--
(1) The IRWO do create mortgage by deposit of title deeds in favour of:-
HUDCO for its loan upto Rs.200.00 crore (On first charge basis) by depositing with HUDCO, all documents of title, evidences, deeds and writings (hereinafter called “the said title deeds”) in order to create security on the IRWO’s immoveable properties together with all the buildings and structures thereon and all the plant and machinery attached to the earth or permanently fastened to anything attached to the earth (hereinafter referred to as “the said immovable properties”) on/and procured from the said loan amount to secure the due repayment, discharge and redemption by the IRWO to HUDCO together with interest, further interest by way of penal interest, compound interest, front-end fee, premia on prepayment or on redemption, costs, charges, expenses and other monies payable under their respective Loan Agreements / Letter(s) of Sanction / Memorandum of Terms and Conditions as amended from time to time.
(2) The following officers of IRWO viz Shri S.P. Gupta, GM, Finance, Shri S.K. Patni, Addl.G.M. (Fin) and Shri K.K. Lalit, Design Engineer be and are hereby authorized severally to deliver to and deposit the said title deeds for the aforesaid purpose with HUDCO and to get released the said documents after repayment of Loan alongwith interest thereon.
(3) The following officers of IRWO viz. Shri. S.P. Gupta, GM, Finance, Shri S.K. Patni, Addl.G.M. (Fin) and Shri K.K. Lalit, Design Engineer be and are hereby authorized severally to state on behalf of IRWO that the said title deeds so deposited were the only documents of title in the possession, power and control of IRWO and that IRWO has a clear and marketable title to the said immoveable properties and that the security in favour of the Lenders shall ensure in respect of IRWO immovable properties, both present and future, and also to give a declaration on oath and to execute such other deeds and documents as may be required by HUDCO to their satisfaction
“.
Resolution No.295 passed in the 42nd Governing Body Meeting held on 11.12.2012
“Resolved that M/s Sanjay Salig Arora & Co., Chartered Accountants, IX/1229, Subhash Road, Gandhi Nagar, Delhi, be appointed as Statutory Auditors for the year 2012-13 on consolidated Remuneration of Rs. 62,700.00 (Rupees Sixty Two Thousand and Seven Hundred Only) inclusive of Service Tax as applicable“.
Resolution No.294 passed in the 42nd Governing Body Meeting held on 11.12.2012
“Resolved that Annual Budget for 2012-13 of IRWO Corporate office for Administrative Expenses for the total expenditure of Rs. 227.00 lakhs be approved “.
Resolution No.293 passed in the 42nd Governing Body Meeting held on 11.12.2012
“Resolved that the Annual Report & Accounts of IRWO for the year 2011-12 audited by M/s Sanjay Salig Arora & Co., Chartered Accountants, IX / 1229, Subhash Road, Gandhi Nagar, Delhi – 110031 be adopted”.
Resolution No. 292 passed in the 41st Governing Body Meeting held on 02.08.2012
“Resolved that the Managing Director, Indian Railway Welfare Organisation , New Delhi be authorised to register with the Banks for availing the services of Internet Banking or E-banking for viewing purposes only and set up passwords (to various authorized persons) for utilizing the facility."
Resolution No. 291 passed in the 41st Governing Body Meeting held on 02.08.2012
“Resolved that Para 4.2 may be read as under:-
4.2. In case of unpopular schemes, membership for the specific scheme may be allowed
to the following personnel on case to case basis:-
a) Blood relations of IRWO members viz. parents, spouse, children, grand children
including adopted children, brother(s) & sister (s) including their spouses (as
co-owners).
b) Working /Retired.:
i) Employees of Central Government, Central Government PSU and employees
of Statutory Authorities & Autonomous Bodies under Central Government.
ii) Army/Air Force/Naval Personnel.
iii) Employees of State Government, State Government PSUs and employees of
Statutory Authorities & Autonomous Bodies under State Government.
iv) Employees of Nationalised Banks.
Priority may be given in the order indicated above. Only one application may be permitted from blood relations per IRWO member and the application will have to be forwarded by the concerned. IRWO member, quoting his primary membership number. Applications in respect of other categories will have to be forwarded by their controlling officers. Allotment both within the categories of IRWO members and within the category of blood relations may be based on seniority of members as per IRWO rules. For other categories allotment may be decided by draw of lots, if required.
Further in relaxation of provisions of para 15 of IRWO General Rules, IRWO members who have already been allotted two DUs may also apply for unpopular scheme. However, 1st time applicants may get priority over 2nd time applicants and so on. Allotment made to blood relations will not be considered as allotment to IRWO members. Applicants (other than IRWO members) applying for an unpopular scheme will also be required to become member of IRWO for the specific scheme before allotment of DU to them.
Further resolved that para 4.3 may be read as under:-
Para 4.3. The above Eligibility Conditions will apply to the employees of Railway PSUs, Autonomous Societies recognized by the Ministry of Railways and IRWO also."
Resolution No. 290 passed in the 41st Governing Body Meeting held on 02.08.2012
“Resolved that Para 21.1 of IRWO General Rules may be read as under:
21.1: A member may make any one of the blood relations as defined in these rules and also their spouses as co-owner of his Dwelling Unit. However, in case a member requires financial assistance for the DU from any of the blood relations, he may make additional co-owners. The Member shall have to give documentary evidence of the individual being made
co-owner as a blood relative to the satisfaction of the Organization, as well as documentary evidence for obtaining financial assistance from him.
Further resolved that Para 21.5 ( c ) may be read as under:-
21.5 ( c ) :No processing charges are payable for inclusion or deletion of the name of the blood relations as co-owner both when the request for inclusion is received in the Booking Application Form or where request for inclusion or deletion of co-owner’s name is submitted after issue of Booking Letter.
Also resolved that in view of the amendments made in Paras 21.1 & Para 21.5 ( c ) Annexures D, D1, D2 & D3 may be amended accordingly."
Resolution No. 289 passed in the 41st Governing Body Meeting held on 02.08.2012
“Resolved that Para 20.2 may be read as under:-
20.2. Before issue of Booking Letter (where wait-list does not exist)
In case of withdrawal after depositing booking money but before issue of Booking Letter, 50% of the booking money will be deducted. The balance will be refunded without interest . This will be however on submission of Undertaking as per Annexure H-2.
Further resolved that Para 20.3 may be read as under:
20.3. After issue of Booking Letter but before Allotment of Dwelling Unit (where wait-list does not exist):
In cases of withdrawal after issue of the confirmed Booking Letter but before allotment of the dwelling unit, full Booking Money plus 10% of insalments due (whether paid or not) up to the date of receipt of withdrawal letter plus interest due on delayed payment will be deducted and the balance paid without interest. This will be however, on submission of Undertaking as per Annexure H-2.
Also resolved that Para 20.4 may be read as under:
20.4. After Allotment (where wait-list does not exist)
In case of withdrawal after allotment but before possession of the dwelling unit, full Booking Money plus 15% of the instalment due (whether paid or not) up to the date of receipt of withdrawal letter plus interest on delayed payment will be deducted and the balance amount paid without interest. This will however be on submission of Undertaking as per Annexure H-2.
In cases the withdrawal is because of the death of the Member before possession of the dwelling unit, if the spouse or the children (if the spouse is not alive), so desire full payment made by the member will be refunded without interest to the legal heir after deducting interest on delayed payment, if any, and administrative charges of Rs.2500 subject to legal formalities.
Also Resolved that Para No20.6 may be read as under:
20.6. Where Waiting List exists such that the dwelling unit can be alloted to another applicant the penalty for withdrawal will be as under:-
i) a) Before issue of Booking Letter - Rs.2500/-
b) After issue of Booking Letter:
Type I & II - Rs.5000/-
Type III & IV - Rs.10000/-
ii) In cases of withdrawal after three months from the date of issue of Booking Letter, an additional payment @ 9% per annum on the defaulted instalment is also payable. The total penalty, however, will not exceed Rs.10000 in case of Type I & II and Rs.25000 in case of Type III & IV.
iii) In case no person on the Waiting List accepts the offer, the case will be treated as with no Waiting List and dealt with as per paras 20.3, 20.4 & 20.5 as applicable.
iv) However, it is further provided that
a) Actual refund will be made only after the dwelling unit is re-allotted and acceptance & undertaking is received from the new allottee, duly signed.
b) The new allottee shall pay to IRWO the cost of the dwelling unit plus an equalization charge as if he is a new entrant to the scheme.
Also Resolved that Para 20.7 may be read as under:-
20.7. All applications for withdrawal should be specific & as per IRWO rules. No conditional withdrawal will be accepted.
Also Resolved that Para 20.8 may be read as under:
20.8. Procedure for cancellation & withdrawal and restoration of allotment.
20.8.1. In schemes/categories where there is a waiting list.
a) Withdrawal cases
i) On receipt of the withdrawal application, the same may not be processed for 15 days, to enable the allottee to cancel his/her request for withdrawal during this period, if he/she so desires. If there is a reminder from the allotee for withdrawal or even if there is no further communication from the allottee within 15 days, the withdrawal application may be put for approval of the competent authority promptly. On receipt of such approval, acceptance of the withdrawal should be communicated to the allottee, simultaneously issuing an allotment letter to the next person on the waiting list in that category. Refund of the dues to the allottee should also be processed promptly.
b) Cancellation cases
i) In case of delay of payment of any installment of more than 7 days beyond the due date, delayed payment charges as indicated in Project Brochure will be charged extra on monthly basis; part month of delay will be taken as full month delay. If an allottee does not pay two consecutive instalments on due dates, a notice may be served to pay the installments within 90 days with delayed payment charges. In case the allottee does not make payments after having been served a notice about default of payment of two installments, a final notice would be served to him/her to make payment within 30 days. If the payment is not received by the due date, his/her allotment will be treated as cancelled without further intimation to him and his booking money/part cost of land/installment amount will be refunded after deducting the penalty amount mentioned in Para 20 of IRWO General Rules. Simultaneously an allotment letter should be issued to the next person on the waiting list in that category. Refund of the dues to the allottee should also be processed promptly.
ii) Thus, there is no scope of restoration of allotment in such cases.
20.8.2. In schemes/ categories where there is no waiting list
a) Withdrawal cases.
i) In such cases, on receipt of withdrawal application, a letter may be issued to the allottee asking him/her to reconsider his/her decision in view of heavy deductions from the amount deposited by him/her involved as per Para 20.3 of IRWO General Rules. No time limit may be insisted upon from the allottee for a response.
ii) On issue of the letter to the allottee:
a) If the allottee agrees for continuation in the scheme, in that case he/she will pay due installments along with delayed payment charges as indicated in the project brochure. On receipt of the installments, the case may be put up to the competent authority for approval.
b) If the allottee declines to continue in the scheme and stands by his/her decision to withdraw, he/she may be sent the prescribed format (Annexure H-2) for acceptance of the amount refundable in full and final settlement of the case. On receipt of this format duly signed, the case may be put up to the competent authority for acceptance.
c) If there is no response from the allottee, the request may be kept pending till the results of the re-opening of the scheme, if any, are available. If, after the reopening, a waiting list develops in the relevant category, then the case may be dealt with in terms of Para 20.8.1. above. If a waiting list does not develop, the case may be dealt with in terms of Para 20.8.2. above.
b) Cancellation cases
i) Same procedure for cancellation may be followed, as in Para 20.8.1. above, except that since there is no waiting list, no allotment letter can be issued in place of the allotment cancelled. Refund of the dues should, of course, be processed promptly.
ii) After cancellation, a request for restoration can be entertained where there are vacant dwelling units in the relevant category. In the meantime, if the scheme has been re-opened for booking, the results of the reopening should also be taken into account. If a waiting list develops as a result of the reopening of the scheme, then the case would be dealt with under Para 20.8.1.(b) above."
Resolution No. 288 passed in the 41st Governing Body Meeting held on 02.08.2012
“It is resolved that in order to give some relief to the allottees of Kundli/Sonepat Project who want to withdraw, as a special measure, booking made in Phase I & Phase II be combined for the purpose of wait list. After doing so if Wait List develops then withdrawal in Phase 1 may be accepted under Para 20.6 & 20.7."
Resolution No. 287 passed in the 41st Governing Body Meeting held on 02.08.2012
"It is resolved that Standing Grievance Committee consisting of following members should consider the issue of increase in cost of Kundli/Sonepat Project (Phase 1) as well as relief to be provided to the allottees:
1. Adviser, Land & Amenities, Railway Board, Convenor
2. General Secretary, NFIR – Member
3. General Secretary, AIRF – Member
4. Executive Director (Acctt.) Rly Board - Member
5. Director (Technical), IRWO – Member.
(Chairman/IRWO may change the constitution of Standing Grievance Committee if considered necessary)."
Resolution No. 286 passed in the 41st Governing Body Meeting held on 02.08.2012
“Resolved that an amount of Rs.70,800.00 incurred on payment to M/s S Ramasubramaniam & Associates towards Legal fee for contesting the case of Chennai Phase-1 Project in Tamil Nadu State Consumer Dispute Redressal Commission, Chennai may be transferred from Reserve Fund."
Resolution No. 285 passed in the 41st Governing Body Meeting held on 02.08.2012
“ Para 28.6 of IRWO General Rules may be read as under:
Provided further that in the event of consent being given, IRWO may impose such terms and conditions as it may consider fit. Transfer fee of Rs.10,000/- (for Type 1 &II), Rs.15,000/- (for Type III) and Rs.20,000/- (for Type IV) each shall be payable by the transferor and transferee. “
Resolution No. 284 passed in the 41st Governing Body Meeting held on 02.08.2012
“It is noted that Governing Body has already approved payment of gratuity to eligible employees of IRWO in terms of Payment of Gratuity Act, 1972 and creation of Gratuity Fund vide Resolution No. 256 passed in the 35th Meeting held on 5-8-2008. Accordingly it is resolved that arrears of Gratuity amounting to Rs. 41,94,041.00 in respect of closed projects be contributed from Reserve Fund to Gratuity Fund."