Whether tenents can registered a resident welfare association under societies act ?
dhiru
(Querist) 22 June 2013
This query is : Resolved
1. whether tenents of any area joining themselves can form a registered resident welfare Association ?
2..If there is already a registered resident welfare association then the registrar can deny to register RWA with a different name of any area ?
Sri Vijayan.A
(Expert) 23 June 2013
1. They can form, if they have need, reason and justification for the formation of association.
2. Registrar shall not deny, provided there is no other societies or associations in the same name.
Guest
(Expert) 23 June 2013
Tenants Welfare Association seems to be a new type of Association, is it against Landlords or what?
So far only Residents' Welfare Associations are in vogue and they fight for amenities, maintenance and welfare of themselves and other objects incidental thereto.
Please ask your question properly.
dhiru
(Querist) 23 June 2013
my question is clear Land lord not residing there, and no dispute with land lords but because tenents are living they need basic facility like road sever from govt. outside their premises . So landlord had given them the suggesstion to form RWA AND APROCH AUTHORITIES ON HIS BEHALF
Raj Kumar Makkad
(Expert) 25 June 2013
Such tenant can become an associate member on the NOC of his landlord.
prabhakar singh
(Expert) 25 June 2013
Any association can be registered for any purpose by any class of people so long the same confirms to laws under which the same is proposed to be registered.
dhiru
(Querist) 25 June 2013
Rules & regulation of the Society
(Resident Welfare Association)
1. Name of the Society : Name of the society shall be " SBS Resident welfare Association.”
2. Membership : The membership of the society is open to any person who has attained the age of majority and has interest in the development of the society and abides by terms and conditions of the society without discrimination of the religion, caste, creed or colors, but subject to the approval of the governing body.
3. Subscription : The rate of subscription for all the members
shall be Rs. _50_ per month and admission fee Rs.__100__ per member.
4. Refusal : The governing body of the society may refuse any person for the membership, provided reasons for refusal shall be communicated to the person concerned in writing with reason.
5. Termination : The governing body of the society may terminate any member from the society on the following grounds:-
(i) On his/her death
(ii) If the member fails to pay subscription for three successive years from the due date of paying subscription.
(iii) If the member of the society works against the aims and objects of the society
(iv) If the membership of the society tender his/her resignation to the society.
(v) If the member fails to attend three successive meetings of the general body without intimation in writing.
The reason for termination shall be communicated to the concerned member in writing. .
6. Appeals : Every such expelled member shall have right to appeal to the general body of the society which may or may not be accepted. All the appeals shall be preferred to the general body of the society; the decision of the general body shall be final. The reason of rejection shall be communicated to the concerned member.
7. Re-Admission : In case an expelled / terminated member is Re-admitted by the general body the same person / member shall have to pay all dues upto date. The decision of the general body shall be final.
8. Rights & Privilege of : Every member shall have right to participate in the Membership general body meeting. Besides this, he/she shall have also right to vote in the meeting of the society. Every member shall be entitled to participate in the meetings, functions and get-together programmes of the society.
9. Quorum & Notice of the meetings:-
A. General Body: There shall be a general body of the society consisting of all the members. The meeting of the general body shall be held once every year with 2/3rd quorum. No quorum shall be required in the adjourned meeting. An emergent meeting of the general body may also be summoned on the written request of 3/4th members, with __5___ days prior notice for such meetings. The notice period of the general meeting of the general body shall be 5 days. The following business shall be transacted in these meetings:-
(i) To prepare annual programs and policies.
(ii) To discuss and to decide all such matters and issues which are directly or indirectly related to the affairs of the society.
(iii) To pass annual budget of the society.
(i) To appoint in a qualified auditor for conducting annual audit of the society.
(ii) To consider any other business brought forwards by the governing body.
B. Governing Body :There shall be a governing body of the society to look after and to manage the day to day affairs of the society. It shall consist of minimum ___7_____ and maximum _1000_ members including the office bearers. The meetings of the governing body shall be held every_4_ months with 2/3rd quorum
No quorum shall be required in the adjourned meeting. An emergent meeting of the governing body may also be summoned on the written request of 3/4th members by __5___ days notice of the meeting. The notice period of the governing body shall be _____5____ days. The following business shall be transacted in these meetings:-
a) To take necessary steps for the implementation of all the programmes and policies drawn by the general body.
b) To approve the necessary expenditure to meet the day to day requirements of the society
c) To take decisions on application for membership
d) To appoint committee for disposal of any business of the society or for advice on any matter pertaining to the society.
e) To arrange finance if required from other bank(s), institutions or individual on reasonable terms and conditions and the governing body as a whole is liable for its return.
f) To appoint, terminate and fix duties of any staff.
g) To receive, to have custody of and to expand the funds of the society and manage the properties of the society.
h) To sue and defend all legal proceedings on behalf of the society.
i) To take all such other legal steps which may appear beneficial for the smooth and better management of society.
j) The following is the present structure / strength of the governing body:-
1. President : One
2. Vice-President : One
3. General Secretary One
4. Secretary : One
5. Treasurer : One
6. Finance Advisor : One
7. Executive Members : One or maximum three.
10. Powers & Duties of the office bearers:-
President : - a) He/She shall preside all the meetings of general body and governing body.
b) In case of equality of votes in any meetings, he/she Shall tender his/her casting vote.
c) He/She shall supervise work of other office bearers from time to time.
Vice President - In the absence of the President the Vice-President shall enjoy all powers and duties which are entrusted to the President. He/She will also assist to the President in his/her duties from time to time.
General Secretary - a) He/She shall represent the society in public and private offices
b) He/She shall keep all types of records of the society including the register of members containing their names, addresses and other brief particulars.
c) He/She shall undertake all types of correspondence on behalf of the society.
d) He/She shall convene the meetings of general body, governing body and inform every member regarding time, date and venue of the meeting through a _5_days earlier written notice.
Secretary - In the absence of the General Secretary, the Secretary shall enjoy all powers and duties which are entrusted to the General Secretary. He/She will also assist to the General Secretary in his/her duties from time to time.
Treasurer - He/She shall collect subscription, gifts, grants-in-aid and donations from the members and the general public and shall be responsible for keeping and maintenance of a true and correct accounts of the society’s fund.
Executive Members - They will assist in the day to day work of the society as directed by the President and General Secretary
11. Financial year The financial year of the society shall be from 1st April to 31st March, of every year.
12. Source of Income and Utilisation of Funds
Subscriptions, donations, grant-in-aid and gifts from the members and the general public shall be the source of income of the society. All the income of the society shall be utilized towards the aims and objects of the society.
13.Operation of Bank Account The funds of the Society shall be kept in a scheduled bank. The bank account of the society shall be operated by the Treasurer and/or any one of the President or General Secretary.
14. Audit of Accounts The accounts of the society shall be audited by the qualified auditor every year to be appointed by the Governing Body.
15. Filling up Casual Vacancies The Casual vacancies may be filled up by the resolution passed by majority of votes by both the governing body and general body up to the next election.
16. Election The governing body of the society shall be elected for a term of _2_ years in general body meeting. The raising hands shall be the mode of election. The newly elected governing body list should be attested by three out going office bearers and it will be filed with registrar of the societies, Delhi.
17. Annual list of Managing / Governing Body (Section 4 of the Act)
Once in the month of April every year a list of the office bearers and members of the governing body of the society shall be filed with the Registrar of Societies, Delhi as required under section 4 of the Societies Registration Act, 1860.
18. Legal Proceedings (Section 6 of the Act):
The Society may sue or be sued in the name of the President / General Secretary as per provision laid down under section 6 of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi.
19. Amendment (Section 12 & 12A of the Act)
Any amendment in the Memorandum of Association or rules will be carried out in accordance with procedure laid down under section 12 and 12A of the Societies Registration ACt, 1860.
20. Dissolution and Adjustment of Affairs (Section 13 & 14 of the Act)
If the society needs to be dissolved it shall be dissolved as per provision laid down under section 13 & 14 of the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi.
21. Application of the Act All the provisions under all the sections of the Societies
Registration Act, 1860 as applicable to the National
Capital Territory of Delhi.
22. Essential Certificate Certified that this is the correct and true copy of Rules and Regulations of the Society.
sd/- sd/- sd/-
President General Secretary Treasurer
Raj Kumar Makkad
(Expert) 26 June 2013
The rules and regulations provided above are not mandatory to be followed rather these have been provided like a format.
