In the same township, there are two RWAs (residential welfare associations).

Is it legal for two residential welfare associations to exist in the same township with similar surroundings?

Response

What is RWA

A Resident Welfare Association (RWA) is a non-governmental organisation that represents the interests of residents in a particular urban society, locality, or community, especially in an urban society. The association is in charge of dealing with residents’ day-to-day issues, organising events, managing facilities in apartments and complexes, and protecting unitholders’ rights.

Residential colonies in urban cities such as Delhi and Mumbai have a RWA for each block and colony. For example, if you live in Delhi’s Dwarka F block, you will have your own separate RWA.

With thousands of families living together in such societies and townships, it is essential to have local machinery of members who are responsible for managing the society on a regular basis, hearing and resolving complaints, organising events, and ensuring a safe and secure environment for the members.

For the most part, the association is a group of members chosen by the society members and recognised as an Association of Persons (AOP) under the Indian Income Tax Act.

The RWA Registration must register under the Societies Registration Act, 1860, and is governed by constitutional documents such as the Memorandum of Association, which outlines the organization’s rights and objectives.

At least seven people could sign a Memorandum of Association (MOA) with the Registrar of Societies to form a Society under the Societies Registration Act, 1860.

Why is it important to register with the RWA?

The following are the purposes and powers available to a registered RWA once it has been registered:

To Hear And Decide On A Member Of The Association’s Complaints.

To bring the matter to the attention of the appropriate authorities in the public interest in order to provide or improve common facilities in the society such as public parks, drainage, roads, streetlights, scavenging, community halls, adequate electricity, and water supply, and so on.

From time to time, arrange and organise social and cultural functions.

Making Appropriate Arrangements For The Poor, Widows, Orphans, And Handicapped Orphans, The Elderly, And Retired

To build shelters or provide financial assistance to underprivileged or economically disadvantaged members of the community.

To Approach The Concerned Authorities For A Redress Of Grievances Relating To The Member’s Conferences With The Concerned Authorities

To correspond in a legal manner in order to set up meetings and conferences with the relevant authorities.

To organise services for the area, such as sanitary fittings, plumbing, electrical work, security, and sweeping, among others.

To Accept And Collect Any Gifts Or Donations Obtained Through Any Legal Means And To Use Them For The Purpose Of Fulfilling All Or Any Other Objects Of The Society.

If any member of the society wishes to contribute to the RWA fund, the money should be used solely for the welfare and promotion of the society’s goals.

The RWA registration procedure is as follows:

The RWA registration procedure is as follows:

Prepare Documents – Prepare all required documents in accordance with the rules of the State Society Registration Act, State Apartment Act, or Society Registration Act 1860, as applicable in each state, as well as the Registrar’s guidelines.

Model Bye-Laws Asset In The Applicable Act In The State Of Registration. Draft Bye-Laws – Prepare A Bye-Law According To Model Bye-Laws Asset In The Applicable Act In The State Of Registration.

File Application With Documents – File Application With Jurisdictional Registrar Along With Necessary Documents And Bye-Laws.

In a few states, the filing procedure is partially online; otherwise, the entire process is offline and requires a visit to the registrar’s office.

Pay Fees – Pay Government Fees Online, in Cash, or in Any Other Mode Accepted By The Registering Authority.

The Registrar issues a Registration Certificate after the Name and Bye-Laws have been approved. In the normal course, the Registrar will take at least 25 to 90 days to complete this procedure.

Is it possible to have two RWAs in one society?

The main distinction between the two is that in a society, there will be only one RWA for that society, whereas in an area, there may be multiple RWAs for different areas.

RWAs can be formed with the consent of the residents in a given area.

The main distinction between the two is that in a society, there will be only one RWA for that society, whereas in an area, there may be multiple RWAs for different areas.

RWAs can be formed with the assent of the residents in a given area.

Reference: The Societies Registration Act, 1860 – 202100523-20210010-81

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