Vous êtes sur la page 1sur 15


Dear Member,>>
1. Having been entrusted to review the Bye-Laws (Rules &
Regulations) of> C-3, RWA, our team would like to reach out to
maximum number of> residents and invite your constructive
2. The existing Rules & Regulations of C-3, VK RWA are attached
for easy> reference. Members are requested to peruse the same and
offer> their considered suggestions in the form of
amendments/additions/deletions,> with a view to making our RWA
more effective and vibrant.>>
3. Responses are requested either in writing to any of the team
members,> or> by mail at kushalkavita@gmail.com by 18 March
Warm regards,>> Ms R Vaidyanathan CaptK Dang Mr RK Grover Wg
Cdr> RS> Baidwan> C-3/3130 C-3/3184 C-3/3111> C-3/3016>
-------------------------------------------------------------------------------------------BY-LAWS OF RESIDENTS WELFARE ASSOCIATION OF
DELHI 110070.
2. OFFICE ADDRESS : Office of the Elected RWA President, C-3,
NEW DELHI 110070.
3. REGISTRATION: RWA of C-3, Vasant Kunj, New Delhi is duly
registered with the Registrar of Societies, Govt. of Delhi vide
Registration No. S-28856 dated 03 January 1996 and is subject to
the Indian Societies Registration Act XXI of 1860.
4. CHARTER OF RWA: This RWA constitutes the supreme
democratic, lawful and inclusive decision-making forum to address
the societal concerns and issues of the residents of C-3, Vasant Kunj,

New Delhi. It derives strength from the Memorandum of Association

dated 03 January 1996.
5. OBJECTIVE OF BY-LAWS: The primary objective of these ByLaws is to provide a set of rules & guidelines and requisite
administrative framework to govern the RWA so as to promote
harmonious well-being of residents through organized, civic
community living. These objectives are further amplified hereunder,
but are not limited to:a) Foster a spirit of mutual goodwill among the residents in general,
thereby promoting transparency, communal harmony and integration.
b) Govern community activities including environmental protection,
curbing of pollution, cleanliness, arboriculture, and to represent the
interest of the residents before appropriate authorities.
(c) Administer and encourage all such lawful acts, deeds or things
including Sports and Cultural activities as are incidental or conducive
to the general welfare of the residents.
6. OFFICIAL YEAR. The official year of the RWA shall be the
financial year i.e., from 1st April to 31st March.
7. MEMBERSHIP. Every bonafide flat owner, lessee or tenant
(hereinafter referred to as RESIDENT) residing in Sector C,
Pocket-3, Vasant Kunj, New Delhi, shall automatically deemed to be
a member of this RWA and shall be governed by these By-Laws. This
flows from the following stipulations on Page 8 of DDAs original
brochure governing the Self-Financing Scheme for flats, wherein it is
specified that: Responsibility for the Maintenance of Common
Portions And Common Services etc:- Every successful candidate
(resident) will be required to become a member of the registered
agency to be formed for the purpose of maintenance of common
portions and common services for these Housing Pockets.


a) Application for new membership of the RWA (as may become due
in case of change of ownership or tenancy of a flat), shall be made
on the prescribed form available from the RWA office. An
administrative fee of Rs.100/- (Rupees one hundred only) shall be
payable by all new members and deposited with the RWA Secretary/
Treasurer, along with the form. Members shall be required to pay
monthly/quarterly/ annual subscription, as may be determined by the
RWA Managing(Executive) Committee from time to time. Sample

Application Form is placed at Annexure I.

b) In case membership is refused to any RESIDENT applicant, the
reasons for the same shall be conveyed in writing to such applicant.
c) The term MEMBER shall mean and include the spouse, children
and parents staying with the resident, as well. However, only one
resident from each flat shall have right to vote or seek election.
Any member who defaults in the payment of subscription to the RWA
shall lose all rights, benefits and facilities provided by the RWA and
shall have no right to vote at any deliberation of the RWA. Such
resident shall not be eligible to hold any office, nor seek election to
any office of the RWA. Membership of the RWA shall also cease on
the following grounds:
a) On the death of the member. In such circumstance, the
membership would automatically pass on to the resident
spouse/legal heir of the member.
b) On being expelled by the RWA by passing a resolution at the
GENERAL BODY meeting (see Article 14(g) below). Re-admission of
membership of an expelled member may however, be considered by
the General Body, subject to the expelled member rectifying the
cause of expulsion.
c) By automatic expulsion on failing to pay the upto date membership
subscription within three months of the due date. Re-admission of
membership may be granted on payment of all outstanding dues,
along with simple interest @ 2% per month of delay (or part thereof)
plus the administrative fee applicable to new members.
10. If any member is expelled, he/she shall be conveyed the same in
writing, clearly explaining the circumstance/reason(s) for such
expulsion. Such decision of the General Body shall also be duly
recorded by the President/ Secretary.
member of the RWA shall enjoy the following rights and privileges:a) Right to receive notices. He/She shall be entitled to receive notice
for General Body Meetings and to attend the same.
b) Right to Vote. He/She shall be entitled to vote in all meetings of the
General Body.
c) Right to resolution of disputes. Members may bring up unresolved
issues of concern/ disputes to the notice of the duly elected
Executive Committee (EC) of the RWA, in writing. Such disputes

would normally be deliberated and decided by the EC or the General

Body of RWA.
d) Right to receive copy of By-Laws/Balance Sheet. Every new
member shall be entitled to receive a copy of the By-Laws &
Memorandum of Association. Every member shall also be entitled to
an upto date Balance Sheet of the RWA.
e) Right to Initiate Agenda for Meetings. Every bonafide member
shall be entitled to raise issues of concern for inclusion in the Agenda
for scheduled meetings of the General Body.
12. GENERAL BODY. The General Body of the RWA shall be the
supreme decision making authority on matters pertaining to the
Association. It shall consist of all bonafide Members of the RWA.
a) It shall elect an EXECUTIVE COMMITTEE (EC) consisting of upto
9 (Nine) members, including the office bearers.
b) It shall function through this elected EC.
c) To approve the Action Plan and activities of the RWA for the
ensuing year.
d) Confirmation of the minutes of the previous General Body meeting.
e) Approval of budget, annual statement of accounts, Balance Sheet
and Audit Report.
f) Adoption of the annual report presented by the Secretary.
g) Amendment or repeal of any existing By-Law.
h) To ratify the impeachment or re-admission of an office bearer.
i) To approve the expulsion or re-admission of a member.
j) Any other matter with the permission of the Chair.
a) The General Body shall meet at least thrice in a year preferably in
April, October and February. It would be the responsibility of all
members to participate in and contribute to the success of
deliberations therein, in a civilized and democratic manner.
b) Besides issues intended to be raised by the EC, additional points
for inclusion in the Agenda of General Body Meetings (GBM) shall be
sought from all Members, in the circular scheduling the meetings. All
agenda points received from Members in writing shall be put before
the General Body for consideration.
c) A meeting of the General Body may also be requisitioned by a
notice in writing by at least 1/5th of the RWA members to the
Secretary, who shall place the same before the EC. The Secretary
shall also call a meeting of the General Body at the earliest, on

receipt of such notice with agenda to be discussed. It shall be called

an Extra-ordinary General Body Meeting (EGM).
d) Not less than 10 days notice shall be given for a GBM.
e) Quorum for General Body meetings shall be 1/4th of the total
membership of the RWA. No quorum shall be necessary for an
adjournment of a meeting.
f) Each member present at the GBM shall have a single vote and
motions shall be carried by simple majority. No proxy voting shall be
allowed. In case of a tie, the President shall have the casting vote.
g) However, motion for the impeachment or re-admission of an office
bearer and expulsion or re-admission of a member, shall be widely
circulated in advance of the GBM and shall be effective only if it is
carried by 2/3rd majority of members present, subject to the cause of
impeachment/expulsion being remedied.
h) The President or in his absence Vice President and in the absence
of both the President and the Vice President, the Secretary shall
preside at the GBM.
a) Composition. The EC of RWA shall be a duly elected, honorary
body. The EC shall consist of at least five members (the office
bearers) and not more than nine members, as listed below:
President 1 No.
Vice President 1 No.
Secretary 1 No.
Joint Secretary 1 No.
Treasurer 1 No.
Executive Members Not more than 4.
b) Term of the Executive Committee. The term of the EC will normally
be one year (i.e. April to March). No office-bearer i.e., President,
Vice-President, Secretary, Jt Secretary and Treasurer shall hold
office for more than two terms consecutively. He/She may however,
stand for election as member of the EC without this limitation.
a) The General Body shall elect a Returning Officer (RO) preferably
in February, to conduct the election of the EC, including the office
bearers. For this purpose, any bonafide member may propose and
another may second the name of the RO, who shall also be a
bonafide member.
b) The RO shall, invariably schedule election of the EC to be held at
least two weeks before the expiry of term of the existing EC (i.e. 31st

March of every year) so that the new EC shall assume office on 1st
of April. Sample Election Notification is placed at Annexure II.
c) Accordingly, the RO shall invite nominations for election to the EC.
Each electoral nominee shall be proposed and seconded by a
member with voting right (see Article 9).
17. DUTIES OF THE RETURNING OFFICER. The responsibility for
effective conduct of Election shall rest with the RO. He shall ensure:a) That each electoral candidate, the proposer and the seconder are
bonafide members of the RWA. If after the election disqualifications
are discovered, the election of such member shall automatically
stand nullified. Sample Electoral Nomination Form is placed at
Annexure III.
b) That if a member has any arrears of subscription or outstanding
dues against his/her name, such member shall not be entitled to
contest the election. For this purpose, the RO shall satisfy him/herself
before preparing an updated Electoral Roll.
c) That if there is any criminal case pending against a member in a
Court of Law or he/she has been convicted of a criminal offence, no
such member be allowed to contest the election. Self- certificate to
this effect will be given by every electoral candidate.
d) That if a member has been adjudged insolvent and is under a
notice from a competent authority (i.e. DDA or MCD etc.) for legal
liability for misuse and/or in illegal occupation of the common land
and/or services of the RWA, no such person shall be entitled to
contest the election.
e) An elector shall be entitled to propose or second only one
nomination paper.
f) No elector shall propose or second a nomination paper for an office
for which he himself is a candidate. If an elector has already
proposed or seconded a nomination paper for an office, his own
subsequent nomination for such office will be invalid.
g) All members of the RWA who are eligible to vote in the elections,
will be informed through wide publicity of the schedule of election,
well in time, in writing. All voters shall bring their Identity Cards,
allotment letters, electricity/telephone bills etc. in their name or other
valid documents with them to substantiate their identity/ membership
while casting their ballots.
18. The RO shall make all efforts to invite at least one neutral
Observer (such as representative of Bhagidari movement of Delhi
Govt. or Federation of RWAs of Vasant Kunj) to oversee the Election.

19. The RO shall promulgate the Election Result giving the names
and portfolios of newly elected/constituted EC immediately after the
election. One copy of the Election Result shall be filed with the office
of the Registrar or Societies, Delhi as required under Section-4 of the
Societies Registration Act.1860, within two weeks of election, through
the newly elected President/Secretary.
20. HANDING OVER OF CHARGE. The office-bearers of the
outgoing EC will be responsible for handing over the charge to the
newly elected office-bearers by 01 April, and in any case within 15
days of the date on which election results are declared by the RO. It
shall be the responsibility of the outgoing President to ensure that
Handing/Taking Over by his/her team is completed smoothly and
expeditiously, and also faithfully recorded in the relevant books. All
documents relating to membership subscription, Accounts including
Pass-Book, Cheque Book, Balance Sheet records and other financial
documents will be handed over to the incoming Treasurer. All other
important documents, registers, files including master copy of these
By-Laws etc. will be handed over to the incoming Secretary. Property
ledgers and other assets/equipment/articles shall be handed over to
the incoming Joint Secretary.
21. In case an outgoing office bearer fails/refuses to hand over
complete charge to the incoming office-bearer within the stipulated
period, such a case shall be brought before the General Body at the
earliest opportunity for necessary disciplinary action, which may
include imposing a debar from holding the post of office bearer,
besides other remedial actions. Similarly, if the conduct of an office
bearer during the currency of tenure is determined to be unbecoming
of an office- bearer (for willful neglect of duty or financial impropriety
etc.), such a case shall be brought before the General Body at the
earliest opportunity for necessary disciplinary action, which may
include impeachment from the post of office bearer, besides other
remedial actions. All such decisions of the General Body will require
to be carried by 2/3rd majority of the members present. Again,
reversal of such decisions after its cause is remedied, shall require to
be carried by 2/3rd majority of members present at the GBM.
a) To perform/ be responsible for all activities as set out in the
Objectives of these By-Laws/ Memorandum of Association of the
b) To exercise jurisdiction over the affairs of the RWA, including (but

not limited to) the following activities:i. Taking necessary steps for safety and security of the residents and
their property, ensuring sanitation & hygiene of common areas,
pruning of trees, desilting of drains and sewers, fumigation etc.
ii. Liaise with civic authorities for repair and maintenance of internal
roads, pavements, street lights and other common areas.
iii. Hold community events and other welfare activities with the
consensus of the General Body and subject to funds available.
iv. Effectively manage car parking and road discipline.
c) To take up common cause of the RWA members with the various
authorities, forums and agencies for the welfare of the residents.
d) To lawfully collect and raise funds to meet the objectives of the
RWA, including Membership subscription. The EC shall not go into
debt or take loans for conducting its activities.
e) To constitute various sub-committees, preferably from amongst the
elected members of the EC as may be required to fulfill the
Objectives of the RWA.
f) To perform any other duty assigned by the General Body.
g) To incur non-recurring expenditure upto Rs.10,000/- (Rupees ten
thousand) from the funds of the Society, with the approval of the EC.
Recurring expenditure and expenditure beyond this amount shall
require the prior approval of General Body. However, the President/
Secretary may authorize non-recurring expenditure of upto
Rs.3,000/- (Rupees three thousand).
h) All withdrawals from the bank shall be authorized by the Joint
signatures of the Treasurer and either the President or the Secretary.
The outgoing EC shall not make any withdrawal from the Bank
Account for non-recurring expense after the date of election.
i) The EC shall have the discretion to administer any other schemes
beneficial to or desired by members in general, provided however
that if the implementation of such a plan results in a recurring
expenses, the EC shall take steps to submit the plan for ratification
by the General Body at the earliest opportunity.
j) To maintain updated Master Copy of By-laws, Accounts, Important
Documents & Correspondence and faithfully hand over all such
records to office bearers of the succeeding EC, without delay.
k) To encourage community participation and effective
communication amongst the RWA members through verbal, paperbased or electronic communication.
a) PRESIDENT. He/she shall:
i. Manage the affairs of the Association.

ii. Preside over the meetings of the Executive Committee and

General Body.
iii. Represent or ensure the representation of the RWA on all
occasions and at all places where such representation is necessary
and called for.
iv. Have a casting vote in case of a tie.
b) VICE PRESIDENT. He/she shall assist the President in conducting
the affairs of the RWA and in the absence of the President, shall
perform the duties of the President. \he/she shall also specifically:
i. Identify and examine issues of concern to the community, help
generate debate and take them up for resolution at the appropriate
forum, keeping the EC informed.
ii. Monitor approved plans and activities of the RWA.
iii. Keep a close liaison with Govt./municipal authorities of relevance
to the RWA.
c) SECRETARY. He/she shall supervise the general administration of
the Association subject to the directions and overall guidance of the
EC. His/her duties shall include:
i. To issue notices of all the meetings.
ii. To record and keep the minutes of the proceedings at all the
meetings of the EC and the General Body in a register/file to be
maintained for this purpose.
iii. To conduct the correspondence relating to the Association with
various authorities and other forums.
iv. To carry out and implement the decisions of the EC and the
General Body.
v. To present the Annual Report to the General Body.
vi. To perform all other duties and to transact all other business
concerning the Association as may be entrusted to him by the EC or
the General Body. For this purpose he shall maintain relevant records
and keep them in proper custody.
d) JOINT SECRETARY. He/she shall support the Secretary and shall
carry out such duties as may be assigned from time to time by the
President/Secretary. In the absence of the Secretary, he /she shall
assume the duties and powers of the Secretary. Further, he/she shall
be the custodian of the property of RWA and for maintaining the
property ledger.
d) TREASURER. He/she shall be responsible:i. To maintain upto date accounts of the RWA in proper books/records
for this purpose viz, Bank Accounts books, Income and Expenditure
ii. Issue receipts for all the moneys received.
iii. Disburse the required payments of the RWA with the approval of

the Executive Committee/President.

iv. Supervise and be responsible for the collection of the subscription
and other amounts due to the RWA.
v. To keep a sum of Rs.3,000/- (Rupees three thousand) with him/her
to meet emergent expenses and shall deposit any surplus funds in
the Bank.
vi. Reconcile the Bank Account with Bank Statement every month.
vii. Assist the Auditors in auditing the RWA Accounts and present the
Annual Audit Report received from the Auditors along with the
statement of accounts at the GBM.
viii. To report to the EC about defaulting members who have failed to
pay their subscription/dues.
e) EXECUTIVE MEMBERS. All elected members of the Executive
Committee shall scrupulously make themselves available for
meetings of the EC and assist the office bearers in the smooth
running of the affairs of the Association. They shall also:i. Assist in the collection of subscription and other dues to the RWA.
ii. Shall act as facilitators to address issues of concern and shall
interact and sensitize members on both policy and routine issues.
a) The EC shall have the right to accept or reject the resignation of
an office bearer/member and to make appointments to fill vacancies
thus created in the EC. This may be done as under:(i) From amongst the elected Members of the EC to fill the vacancies
of office bearers.
(ii) By co-opting from amongst the bonafide members of the RWA to
fill the vacancies in the EC. The EC can thus fill the vacancies for the
remaining term thereof subject to the condition that the total
vacancies (to be filled) do not exceed or constitute 2/3rd of the total
elected posts of the EC.
b) While accepting any resignation of an office-bearer, the President
shall ensure proper handing/taking over of charge.
c) The EC shall automatically stand dissolved if two-thirds of the
elected members (including office bearers) resign in writing during an
official year.
d) In such circumstances, mid-term election for the remaining term of
the official year would be conducted without delay, by following the
complete procedure of election as laid down in these By-Laws. The
responsibility to expeditiously call an EGM of RWA and elect a RO
shall be that of the remaining elected members of the original EC.

residents must bear in mind their inherent responsibility to support

the efforts of the elected EC, notwithstanding areas of personal
disagreement, if any. These By-Laws provide adequate measures to
resolve disputes lawfully and democratically, which must be
exercised. All residents must:a) Pay their membership subscription and other dues by the 7th of
every month. Members who make advance payments (yearly, half
yearly, quarterly) shall be entitled to special rebates as may be
decided by the EC.
b) Diligently make themselves available for all GBMs and other
community events held by the RWA from time to time.
c) Not impede the effective functioning of the RWA by non-payment
of dues for frivolous reasons (such as non pruning of trees, disruption
of water supply or non- availability of parking space etc). Such issues
are instead, to be brought up in writing to the EC members.
d) Ensure peace and harmony is maintained in the pocket at all times
by showing due cooperation, sensitivity and concern for fellow
residents by:
i. Parking vehicles so as not to inconvenience others,
ii. Not littering/ dumping of garbage and construction material,
iii. Repairing broken and leaking drain pipes/ getting choked drains
iv. Ensuring water tanks do not overflow or breed insects etc.
v. Engaging the services of Vatavaran to maintain hygiene in the
vi. Not indulging in rampant construction activity detrimental to safety
or convenience to others.
a) The Executive Committee shall meet at least once a month.
b) A notice of such a meeting shall be given by the Secretary
preferably seven days in advance in writing, along with the Agenda to
be discussed.
c) In order to form the quorum of the meeting at least one-third of the
total members of the EC must be present.
d) Deliberations of the EC shall be duly minuted/ recorded.
e) In case an urgent matter is to be discussed at least three members
may request the meeting of the EC in writing, along with the Agenda.
One day advance notice will be valid for such an Urgent Meeting.
f) No matter other than the one mentioned in the Agenda of the
Urgent Meeting shall be discussed in the meeting except with the
permission of the President or if majority of the members present, so

27. VOTING. Ordinarily all decisions shall be taken according to the

opinion of the simple majority of the members present and eligible to
vote. The voting for election of EC shall be by secret ballot. However,
voting on issues deliberated in the EC shall be by raising hands
unless there is a demand for a secret ballot, for which a written
requisition has to be given on the floor of the house by three valid
members, present personally at the meeting. In case of a tie, the
President shall have the casting vote.
28. AUDITORS. A Chartered Accountant shall be appointed as an
AUDITOR at the GBM, to audit the accounts of the Association, at a
remuneration to be fixed by the EC and ratified by the GBM.
29. FUNDS.
a) The funds of the RWA shall consist of the following:i. Admission/Administration Fee.
ii. Membership Subscription.
iii. Donations, if any
iv. Any other money realized/raised, with the approval of at least half
the members of EC, and received only by cheque.
b) A resolution shall be passed by the EC for keeping the funds of the
RWA in a Licensed Bank and authorizing the operation of such Bank
Account by the TREASURER and any one of the PRESIDENT or
SECRETARY of the Association, signing on behalf of the RWA.
c) The resolution duly signed by the PRESIDENT shall be made
available to the authorized bank for opening/operating the account.
d) The funds of the Association shall be used exclusively to promote
the Objectives of the Association.
e) No elected member of the RWA shall seek any compensation
(monetary or otherwise) for services rendered to the community (in
terms of time, expertise or effort) as this is a purely voluntary, nonprofit organization. EC office bearers however, are entitled to seek
reimbursement from the RWA for reasonable expenses legitimately
incurred in the conduct of their bonafide duties (such as telephone,
stationery charges etc.), by prior approval of the President and on
provision of receipted bill.
30. FINANCIAL YEAR. The financial year of the RWA shall be the
Indian fiscal year i.e. April to March.
31. LEGAL SUITS. The Association may sue or be sued in the name
of the President as per provisions laid down under Section 6 of the

Societies Registration Act, 1860.

amend/alter, extend or abridge of the provisions the Constitution and
By-Laws vests solely with General Body as stipulated vide Section 12
and 12A of the Indian Societies Registration Act, 1960, provided
however, that no amendment, revision, or addition to the Constitution
and By-Laws/Articles of Association shall be valid and binding unless
approved by not less than 2/3rd of the members present.
needs to be dissolved it shall be dissolved as per provisions laid
down under Sections 13 and 14 of the Societies Registration Act,
34. APPLICATION OF THE ACT. All provisions of the Societies
Registration Act, 1860 shall apply to this Association.
35. CERTIFICATE. It is hereby certified that:a) This is the duly approved, authentic copy of By-Laws of the C-3,
Vasant Kunj RWA.
b) These By-Laws take immediate effect, in supersession of the
Rules & Regulations governing C-3, Vasant Kunj RWA, brought into
effect on 03 January 1996, having been duly approved by the
General Body on _________________________.
c) An authenticated copy of these By-Laws has been submitted to the
Registrar of Societies, Govt. of Delhi on
_________________________, against a stamped receipt. .


Place: New Delhi
Date: April 2010Annexure-I
_ wish to become a member/renew membership of
_____________________________ and undertake to pay the
prescribed fee by paying Rs.__________________ as the
membership fee. I certify that I am the allottee/tenant and resident of
Flat No.___________ belonging to _____________________

Particulars furnished are correct/ Signature of the applicant

Flat No.
Telephone No.
E-Mail id
Telephone No.

Signature of the Secretary

Date and Seal.
Annexure II
(i) Last date of enlisting as bonafide/eligible member
(ii) Date of publication of Electoral Roll __________________
(iii) Date of submission of electoral nominations for the various posts
in the Executive Committee: (Nomination form at Annexure-III)
(iv) Scrutiny of Nominations _____________________________
(v) Last date of withdrawal of Nomination
(vi) Date of elections, timings and venue:
(vii) Displaying of Election Result:
Elections for the Executive Committee of the RWA of C-3, Vasant
Kunj, New Delhi

Contesting for the post of :_________________________________

Name of the candidate:
Official designation/Office
Residential Address
___________________________________________Telephone No.
Voter No.( as given in the Electoral

Name Voter No. Candidates Signature

Proposed by: Name Voter No. Signature
Seconded by: Name Voter No. Signature
I accept the nomination for the above post in the Executive
Committee. Returning Officer

The above nomination has been examined and found valid/invalid.
Dated________________________ Signature of Returning
Received a Nomination form for the post of
_______________________________________in the name of
Date/Time: Signature of Returning O