Memoramdum etc.
Guest
(Querist) 08 January 2015
This query is : Resolved
Can somebody provide model/sample Memorandum and Rules and Regulations for forming a Residents' welfare Society.
R.K Nanda
(Expert) 08 January 2015
search google.
ajay sethi
(Expert) 08 January 2015
we dont provide model rules and regulations . if you are registering a cooperative housing society you can adopt the model bye laws . collect copy from housing federation office
Guest
(Querist) 09 January 2015
At the suggestion of Nanda Ji, I searched google and have found Specimen as follows but I feel aims and objectives need to be improved:
[Specimen of Memorandum of Association and Rules & Regulations of Resident Welfare Association (RWA)]
Memorandum of Associations
Name of the Society : The Name of the Society shall be ----“LMN”------
------------------------------------------------------------
Registered Office : The registered office of the Society shall be
and remain in the National Capital Territory of Delhi and at present is its following address-----------------; ---------------------------------------------------
Working Area of the Society ------------------------------------------------------
Aims of Objects of the society
The main aims and objects for which the society is established are as under:-
1. To make best efforts for creating mutual harmony, co-operation and love and affection amongst the residents.
2. To take up the matter with the competent authorities for common interest of the residents for providing and or improving upon common facilities in the area like - Park, drainage, roads, street-lights, scavenging, water and electricity supplies, banking, post office , bus services facilities, community hall and Barat-Ghar, milk booth, health centre, rationing shop, mini-super bazaar, shopping facilities.
3. To arrange establish and open libraries, reading rooms for the use of residents/members.
4. To arrange and organize social and cultural functions from time to time.
5. To make adequate arrangements for poor, widows and handicapped orphans, old aged and mentally retired persons.
6. To maintain run and construct Basti Vikas Kendra, Jan Suvidha Parisar, Roads, Foot Path, Anganvari, Libraries etc. with the help of concerned Government authorities for giving the education to the students, socially neglected people and children.
7. To publish books, magazines and other publications for the promotion, protection and advancement of residents.
8. To approach the concerned authorities for redressal of grievances of members of society.
9. To make correspondence in lawful manner to arrange meetings, conferences, with the concerned authorities.
10. To disseminate information of the Government Rules, policies, notifications among the members of the association.
12. To arrange and establish medical and charitable dispensaries.
13. To provide lectures by the expert team of the Doctors, Journalists, Lawyers and Professionals etc.
14. To help and assist poor and needy residents and their families during emergencies such as flood, war, earth-quack and rains.
15. To receive and collect any gift, subscriptions and donations either in cash or in any kind or acquire by and other lawful ways and means and open the same in fulfillment of all or any other aims and objects of the society, the income and property(s) of the society shall be applied solely for promotion and fulfillment of the aims and objects of the society. If any person wants to contribute, donate or give subscription, the same shall be spent towards the promotion of the particular objects only.
16. To open, found, establish, promote, set up, run, maintain, arrange finance, support and / or help the various community development programs/activities and also construct and develop the community halls, Shochalaya, Charitable Dispensaries, hospitals, libraries and other buildings/institution for use of general public and for welfare or the general public.
17. To arrange and organize various kinds of Welfare programs e.g. Vocational Education, entertainment, games etc. for children, working men & women.
18. To do such other things / acts/ activities which are necessary and which may be incidental or conducive to the attainment of any of the object of the Society.
19. All the income earnings, movable, immovable properties of the society shall be solely utilized and applied towards the promotion of its aims and objects only set forth in the Memorandum of Association and no portion thereof shall be paid or transferred directly or indirectly by way of profit, dividends, bonus in any manner whatsoever to the present or past member of the society or to any persons claiming through any one or more of the present or past member. No member of the society shall have any personal claim on any moveable or immoveable properties of the society or make any profit whatsoever by virtue of his/her membership.
GOVERNING BODY The names, addresses, occupations and designations of the present members of the Governing Body of the Society is entrusted as required Under Section 2 of the Society Registration Act, 1860 as applicable to the National Territory of Delhi are as follows:-
Sl.No. Name & Address Occupation Designation
1
Desirous Persons : We, the undersigned are desirous persons of forming a society names “LMN” under the Societies Registration Act, 1860 as applicable to the National Capital Territory of Delhi in pursuance of theMemorandum of Association of the society:-
Sl.No. Name & Address Occupation Signatures
1
Rules & regulation of the Society
(Resident Welfare Association)
1. Name of the Society : Name of the society shall be ------------
“LMN”-----------
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. ______ per month and admission fee Rs._______ 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 _____ days prior notice for such meetings. The notice period of the general meeting of the general body shall be _____________ 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 ________ and maximum _______ members including the office bearers. The meetings of the governing body shall be held every ___________ 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 _____ days notice of the meeting. The notice period of the governing body shall be _________ 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
______________
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 _______ 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 ________ 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
