Reviewing Resident Welfare Associations.
In India its common to have a Resident Welfare Association in cities, the RWA can represent both block and colony. Here we are going to write about the working style, legal existence and power of the RWA’s.
Authority and Functions of RWA’s
The Societies Registration Act (1860) is the parent act followed by Resident Welfare Associations and each state may have different amendments for this act. RWA’s are governed by the memorandum of association which itself is a constitutional document. These organizations work as voluntary groups created by residents of colonies or blocks but with no legal powers. The RWA can work for sums of maintenance, cultural functions and organization of workshops and many more. They don’t have the power to impact ones right over his/her property. In societies, RWA can impose their own rules and regulations in order to define their powers but the main motive of all these should always be the well-being of the residents. Now in a society, RWA being a legal body can sue an individual and also can be sued for its non-acceptable work. Some of the work that RWA takes care of is taking care of management and maintenance of common areas, society laws and many more.
Working force of Resident Welfare Association
Seven or more persons can subscribe their names to a Memorandum of Association and can file it with the Registrar of Societies to form themselves into a Society under the Societies Registration Act, 1860.
In order to form an RWA, required are seven or more people who will give their consent to register themselves to a Memorandum of Association and can further register them into a society under the Societies Registration Act(1860).
Do RWA’s follow any Guideline issued by Government?
The Resident Welfare Associations are bind to follow specimen MOA rules and regulations stated by the government. In some cases, the government has also issued guidelines to them in order to promote participation of non-board members in RWA.
Court’s suggestion and mandatories for Resident Welfare Associations.
In India courts closely take care of the working of RWA’s. Under the section 6 of the Societies Registration Act(1860), the society can sue or can be sued in the name of President of RWA. Section 6 is an option provided to the non-members of RWA to keep a control over unlawful activities of the RWA. Water harvesting is also suggested by the apex court to the RWA’s functioning in Delhi/NCR region.
Governance of Resident Welfare Associations
We are providing an idea of the governance structure of Resident Welfare Associations.
RWA members – Anyone can apply for the membership of the society who is interested to work for the development and maintenance of the society and also gives consent to the laws, terms of the society without any discrimination of the caste, creed, religion or colours but subject to the approval of governing body. Tenants can also be included here. One can’t become a member by just residing in the society. It needs proper registration in a prescribed form.
Membership refusal– The RWA can refuse any applicant for the board member but with a reason of refusal in writing.
Membership termination– An existing member of RWA can be terminated on the ground of the following.
The member working against the aims and objective of the society.
Without written intimation missing 3 consecutive meetings of the RWA body.
Duties and Rights of members– Attending membership general body meets is the basic right of every RWA member. Voting at the meeting of the society is another duty of the member. Also, each and every member can take part in the functions, meetings and get together of the society.
Governing body RWA
Governing body of a society looks after the society and manages the each and everyday affairs of the society. Also, governing body represents an integral part of RWA. It consists of the members from the locality under the control of that particular RWA. The governing body conducts an audit by a professional auditor in order to check the accounts of the society. The RWA itself choose the governing body of the society for a fixed period. The following are the main members of a governing body.
President, VicePresident, General Secretary, Secretary, Treasurer, Finance Advisor, Executive members.
Responsibility, duties and power of Governing body members.
President- He/She has to vote in case of equal votes in a meeting. Has to be present in all the meetups of governing as well as the general body. Also, time to time supervision of the work of the other members of governing bodies is a must.
Vice President- VP’s main role is to assist the president in his/her responsibilities timely. Also in the absence of the president, it is the VP who takes care of all the tasks.
General Secretary- GS is the one who takes care of all the data of residents like names, addresses and other brief particulars.
Secretary- The main role of secretary is to assist GS in his/her duties time to time. Also in the absence of GS, all the powers are shifted to the secretary.
Treasurer- Maintaining the accounts of the society is the key responsibility of the treasurer.
The financial year of RWA begins from 1st Apr. and ends on 31st Mar. of every year. The funds collected from society are kept in a bank and the caretaker of the account is the treasurer.
Executive members- The president and general secretary direct executive members to assist in the day to day work.
At last, we will conclude saying that Resident Welfare Associations have played a major role in improving Delhi/NCR in the past decade and we hope they keep on doing the same great work in coming decades.