Registration of Resident Welfare Society in UP

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1. Should be typed on Thick and durable paper and only one side of the paper {Rule 5(2)}

2. Word “Memorandum of Association” should be typed on the top

3. First Section should contain only the name of the society {Section 2 and Rule 3}

4. Second Section should contain full address of the society {Section 2 and Rule 3}

5. Third Section should contain area of operations of the society

Minimum Members

Any seven or more persons associated for any Literary, Scientific, or Charitable purpose, may, by subscribing their names to a Memorandum of Association and filing the same with the Registrar of Societies form themselves into a Society under the Societies Registration Act, 1860

Objective

Promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, or for charitable purposes; Charitable purposes could be grouped into four heads, (i) relief of poverty, (ii) education, (iii) advancement of religion and (iv) other purposes beneficial to the community not coming under any of the preceding heads.

Registration

Registration of Society in Uttar Pradesh implies Registration of Memorandum of Association and Rules and Regulations of the Society with Deputy Registrar of Firms, Societies and chits

Registration of Society under Society Registration Act, 1860

Registration of Resident Welfare Society in Uttar Pradesh

Applicable Rules Uttar Pradesh Society Registration Rules, 1976

Provisions related to Memorandum of Association

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6. Forth Section should all the objectives of the society in line with objectives stated in the

Society Registration Act, 1860 section 1 and 20 i.e. Literature, scientific, educational

and religious etc. and not commercial

7. Fifth Section should contain a table giving Name, Father / Husband name, full address,

designation and occupation of the Governing body {Section 2 and Rule 3}

8. Sixth section should contain the following declaration

We, the following persons associated for the purpose and objectives specified in

Memorandum of Association of the proposed society by name and style of “xxxxxxxx

Resident Welfare Society” agree to form the proposed society. We hereby express our

desire to form ourselves into an Association under The Societies Registration Act, 1860

and subscribed our signatures for the said purposes.

All the people desirous of forming the Society should sign against the above declaration.

9. In case Memorandum of Association contains more than one page, all the pages should

be signed by all the members desirous of forming the society {Section 1, Rule 3 and 5}

10. Memorandum of Association should be dated {Rule 3}

11. Photocopy of the minutes of the proceedings of the meeting of society should be

annexed

12. In case signatures on the documents seems suspicious to Dy. Registrar, it may require

society to get them attested by a gazetted officer

13. In case name of the Society resembles the name of already registered society / seems

confusing. Dy. Registrar may require society to change such Name {Rule 3(2)}

14. In case of use of prohibited word “ ” in the name of the society which is against the

provisions of section 3(2)(b) of the Act, Dy. Registrar may require society to change

such Name. The Emblems Act, 1950 prohibits the use of any name, emblems, official

seal etc. as specified in the Act without previous permission of competent authority. It

also prohibits the use of the name of national heroes and other names etc. mentioned in

the Act.

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1. Rules and Regulations should start from page 1

2. Should be typed on Thick & durable paper and only one side of the paper {Section 2}

3. Word “Rules and Regulations” should be typed on the top

4. First Section should contain only the name of the society {Section 2 and Rule 3}

5. Second Section should contain full address of the society {Section 2 and Rule 3}

6. It is not mandatory to give objectives in the Rules and regulations, however, in case it is

given, it should be exactly the same as given in Memorandum of Association

7. Condition for the membership of the Society, Donation etc. and the conditions in which

the membership in the society will be terminated {Section 2 and Rule 4}

8. Formation, meeting, quorum of meetings, period of notice of meetings of the general

body of the society as well as date of annual meeting {Section 1 and Rule 4}

9. Rights and duties of General body {Section 2 and Rule 4}

10. Formation, duration, meetings, quorum of meeting notice period of meeting, procedure

for filling the vacancies of the managing committee {Section 2 and Rule 4}

11. Rights and duties of Managing committee {Section 2 and Rule 4}

12. Rights and duties of each member of the Managing committee should be given in detail.

Managing committee positions should be in line with what is stated in Memorandum of

Association {Section 2 and Rule 4}

13. Position that will represent the society for a case by or against the society in the court of

law {Section 2 and Rule 4}

14. There should be arrangement of maintaining the accounts of the society which should

be signed by at least two members of managing committee {Section 2 and Rule 4}

15. There should be provision of the Audit of the Society.

16. There should be provision of the amendment in the Rules & Regulations of the Society.

17. Date in line with date as per Memorandum of association

18. Rules and Regulations should be authenticated to be true by at least three members of

the Association.

19. Rules and Regulations should be signed by at least three members of the Association

on each of the pages.

Provisions related to Rules and Regulations

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1. Registration fee of Rs. 2,000/- can be paid either in cash in the Dy Registrar office or by

way of DD in favour of Dy Registrar – Firms and Societies and Chits

2. Provide following records of the society – Minute book, Agenda register, Cash book and

Membership register, Ledger book, Bank pass book etc.

3. In respect of Registration of Society, under section 4 B (1)of the Act, list of the general

body with their name, father’s / husband’s name, address, occupation, photocopy of

membership receipt book, photocopy of membership cash book, Minutes book

photocopy should be signed by at least two managing committee members and two

other members

4. Public notice as per contents below should be published in a local state level daily

newspaper and a copy of the same should be produced

It is declared to all that Shri ………….. has declared himself as the Secretary of the

Society “………… Residents Welfare Society” with address as ………………………….…

…………………………….. and have applied for the registration of the Society under

Society Registration Act, 1860. As per the documents Shri ………….. – President, Shri

………….. – Vice President, Shri ………….. – Joint Secretary, Shri ………….. –

Treasurer, Shri ………….. – Joint Treasurer, Shri ………….. – Member.

In case any person has objection against the formation of the society then that person

can file his / her objection within 30 days along with the proof in favour of objection. It

would not be possible to consider the objection after the expiry of 30 days period from

the publish date and a decision in respect of registration of society would be made

based on the merits or demerits of the case.

It may be noted that this notice is published under Section 3(1) of The Societies

Registration Act

By Order

Dy. Registrar, Firms Societies and Chits

Other Provisions

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5. Self-attested copies of the address and ID proof of the Managing committee members

6. Every addition, deletion, correction should be attested by at least one authorised

signatory.

7. Following Self Declaration (Undertaking) to be provided

SELF DECLARATION

I …………….. Son / Daughter / wife of ……………… aged ……. Years, occupation …………

Resident of ………………………………… solemnly declares that the particulars / details

given in the application are true and correct to the best of my personal knowledge and trust. I

have not hidden anything in the details / particulars. I am fully aware of the consequences of

providing untrue particulars / details. In case any detail / particulars given in the application

are found to be incorrect, I would be responsible for the action taken against me under the

provisions of section 199 and 200 of Indian Penal code, 1960 and any other applicable law

for the prosecution and punishment.

I also solemnly declares that in case any of the self-attested document or declaration given

by me are found to be incorrect or I am found to be guilty of self-attesting incorrect

documents, then all the benefits available to and availed by me can be taken back with

immediate effect.

Place ………………… Signature of Applicant …………..………………………………….

Date ………………… Name of Applicant ………………………………………………….

Name and Address of the society ………................………………………………………………..

………………… ………………………..

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Once the documents as below are submitted in duplicate with the Dy. Registrar – Firms,

Societies and Chits, it will check the documents for its completeness as well as adherence to

the Societies Registration Act, 1860 as well as Uttar Pradesh Society Registration Rules,

1976 and after being satisfied with its completeness as well as adherence to Act and Rules,

it will instruct the society desirous of getting Registered to publish a Public Notice as per

format stated above. At its discretion, Dy. Registrar may fix 15- 30 days for the period of wait

for the objections against such Society formation:

1. Memorandum of Association

2. Rules and Regulations

3. Other records as below:

a. Minutes Book

b. Agenda register

c. Cash book

d. Membership register,

e. Ledger book,

f. Bank pass book etc.

4. Public notice as per contents below should be published in a local state level daily

newspaper and a copy of the same should be attached

5. A Self Declaration (Undertaking on Rs. 10 Stamp Paper) as per contents below to be

provided

Procedure

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MEMORANDUM OF ASSOCIATION OF

…………………. RESIDENT WELFARE SOCIETY

1. NAME OF THE SOCIETY / ASSOCIATION: The Name of the Society shall be “………………… Resident Welfare Society” (hereinafter called the “Association” or interchangeably as “Society”).

2. PLACE AND ADDRESS: The Registered Office of the Association shall be at …………………………………….., …………………………………

3. AREA OF OPERATIONS:

The Area of Operations of the society would be for the residents of residential house

and apartments situated on Plot No. ….. to Plot No. ……,

………………………………………….

4. OBJECTIVES OF THE ASSOCIATION:

a. To provide, without any motive of profit, social aid especially for the residents of

Plot No. ….. to Plot No. ……, …………………………………………. Uttar

Pradesh and to make services available from Govt. and other agencies

concerning Roads, Footpaths, Parks, Streetlights, Water supply, Electricity

supply, Animal nuisance, Pollution, safety and security and for other social

reasons etc.

b. To manage, maintain, administer and regulate the common areas and common

facilities at Plot No. ….. to Plot No. ……, ………………………………………….,

Uttar Pradesh

Template - Memorandum of Association

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c. To represent the Members in all matters pertaining to their common problems in

the premises and settle or compromise with third parties any matter or dispute

affecting the common problems in the premises.

d. To promote close co-operation between Members render all possible advice and

guidance to Members relating to ownership and enjoyment of apartments and to

provide such amenities and facilities to Members from time to time as the Board

of Managers may deem fit.

5. DETAILS OF MANAGING BODY MEMBERS:

Sl. No

Name / Son of

Age Address Profession Designati

on Signature

1

……………

……. s/o

……………

……..

….

………………………

………………………

……………………

……………. President

2

……………

……. s/o

……………

……..

….

………………………

………………………

……………………

……………. Vice

President

3

……………

……. s/o

……………

……..

….

………………………

………………………

……………………

……………. Secretary

4

……………

……. s/o

……………

……..

….

………………………

………………………

……………………

……………. Joint

Secretary

5 ……………

……. s/o ….

………………………

……………………………………. Treasurer

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……………

……..

……………………

6

……………

……. s/o

……………

……..

….

………………………

………………………

……………………

……………. Joint

Treasurer

7

……………

……. s/o

……………

……..

….

………………………

………………………

……………………

……………. Convener


Memorandum of Association and operate as per Rules and Regulations of the proposed

society by name and style of “……………….. Resident Welfare Society” hereby express

our desire to form ourselves into an Association under The Societies Registration Act, 1860

and subscribed our signatures for the said purposes. Date: …. , ………., ….

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RULES AND REGULATIONS OF

…………………. RESIDENT WELFARE SOCIETY

1. NAME OF THE SOCIETY / ASSOCIATION: The Name of the Society shall be “……………. Resident Welfare Society” (hereinafter called the “Association” or interchangeably as “Society”).

2. PLACE AND ADDRESS: The Registered Office of the Association shall be at ……………………………………... …………………………………………………………………………………

3. MEMBERSHIP – ADMISSION, TERMINATION & MEMBERSHIP FEES: a. A resident owner of each flat shall be required to be a member of the Association

subject to the approval of the Association, provided he is above the age of 18

years. In the event of an owner being less than 18 years of age, he will be

represented in all matters relating to the Association by a legal Guardian.

b. All members of the Association shall fill up an application for membership in the

prescribed application form along with one time membership fee of Rs.50/-

(Rupees fifty only). Every Member shall be liable to pay monthly Maintenance

Charges and such other charges or contributions as are determined by the

Executive Committee from time to time. All owners shall obtain a No Objection

Certificate (NOC) from the Association before effecting sale of an apartment.

NOC and gate pass will be issued only after all dues due towards the

Association are settled.

c. The number of members of the Association shall be limited to the number of flats

/ houses constructed and occupied in the said layout. The Secretary of the

Template - Rules and Regulations

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Association shall maintain and periodically update register of resident members.

When an owner transfers the ownership of an apartment, the right of

membership passes automatically to the new owner on one time (non-

refundable) payment of Rupees 1,100/- (Rs. One Thousand one hundred only),

being the application fee. There would be no application fees required, where, if

in case of death membership passes automatically to the legal heir / inheritor of

the original member of the Association.

d. TERMINATION OF MEMBERSHIP: The membership shall terminate on: i. members acting against the objects of the Association,

ii. resignation by a written communication addressed to the President of the

Association and accepted by the Executive committee.

iii. being adjudicated bankruptcy on entering a scheme or arrangement under

Bankruptcy Act or being declared as of unsound mind.

iv. non-payment of dues within 60 days from the due date.

6. GENERAL BODY:

a. Constitution: Every member, whose membership is not terminated, by default will form part of

the General Body of the Society.

b. Annual Meetings:

Within six months of close of annual accounting period (i.e. financial year), an

Annual General Body Meeting of the Association shall be held to consider the

accounts of the Association, to consider budget estimates and action plan for

next financial year and appointment of auditors. The members may also transact

any other business in addition to those as notified in the meeting agenda upon

approval from the President / Chairman of meeting. The prescribed quorum

required for annual general meeting shall not be less than 51% of the total count

of members.

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c. Special Meetings: A Special Meeting of the members of association or of the members of the

executive committee shall be convened on the written request from i. the President/Vice-President or

ii. the Secretary/Joint Secretary and Treasurer/Joint Treasurer or

iii. Not less than one-third number of members of the association or of the

governing body, or one sixth of total number of members of the Executive

Committee, entitled to vote who shall state in writing the business for which

they wish the meeting to be convened.

d. Notice and Quorum: A Special Meeting of the members of association or of the members shall be

convened within ten (10) days of receipt and approval of the requisition. No other

business shall be transacted at the Special Meeting except as stated in Agenda

without the consent of three – fourth of the members present. The prescribed

quorum for such meeting shall not be less than 51% of the members of the

executive committee.

For an Annual General meeting, the Secretary shall make adequate

arrangements for sending meeting invite to each member at the address

furnished by the member and as recorded in the Register of Members, stating

the purpose thereof with time and place of meeting, twenty one (21) days in

advance prior to the (annual general) meeting. Any irregularity in sending of the

notice, however, shall not invalidate proceedings of the meeting.

e. Adjourned Meetings: If any Annual or Special meeting cannot be held for want of the prescribed

quorum, the members who are present may adjourn the meeting to be held at

the same place and not less than thirty minutes from the time at which the

original meeting was called. If at such an adjourned meeting the quorum is still

not present, the member’s present being not less than five (5) shall form a

quorum.

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f. Place of Meeting: The General Body Meeting shall be held at the registered office of the

Association or at such other place, within the locality, as the Managing

/Executive Committee may decide.

g. Chairman of the Meeting: The President, or in his absence the Vice President, shall preside at all monthly

meetings of the executive committee, the Annual General Body Meeting and any

Special Meeting. In the absence of both, the Members present may elect a

Chairman among themselves (from the members of the Managing Committee) to

preside over the Meeting.

h. Decisions at Meetings: Every issue at an Annual General Body Meeting and/or a Special Meeting shall

be decided by the voting members present and be decided by a simple majority

of votes cast in person at that meeting. In the event of a tie, the President /

Chairman (as the case may be) shall have a casting vote.

Any resolution passed and/or decision taken on any matter at an Annual General

Body Meeting / Special Body Meeting, including at adjourned meetings, with

prescribed quorum, shall be deemed to be a Resolution passed and/or decision

taken on any matter by the majority of members. Such resolutions / decisions

affecting Memorandum of Association or Rules and regulations of the

association will be reported to the office of Registrar and shall be binding on all

Members/Residents.

In all meetings of the General Body, every member shall have one vote

regardless of the area of the unit he/she owns, provided that any member

owning more than one unit, and each of the said units is registered as a separate

unit in his/her name, shall have as many votes as the number of units he/she

owns. Votes shall be cast in person or by proxy. The proxy shall be a Member /

Resident of the Association and shall be appointed by the owner of the Flat in

writing addressed to the President and/or Secretary. Voting shall either be by

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show of hand or by ballot.

i. Disqualification for participation and Voting: A member shall not be entitled to vote in any General Body meeting if the

Member is in default in respect of payment of maintenance and other charges

due to the Association for more than sixty days. A Power of Attorney holder,

Tenant or an occupant appointed as a proxy by any Member of the Association

to attend any meeting of the General Body and vote on behalf of the Member

shall not be entitled to contest any election for selection of the members of

Managing Committee or Executive Committee. 7. GOVERNING BODY / MANAGING COMMITTEE / EXECUTIVE COMMITTEE - ITS

CONSTITUTION, POWER AND FUNCTION: a. Election of Governing body / Managing committee / Executive Committee:

The Managing Committee shall consist of a President, a Vice-President, a

Secretary, a Joint Secretary a Treasurer, a Joint Treasurer and a Convener,

totally seven (7) members. The members of new Managing Committee shall be

elected once every year in the Annual General Body Meeting. The term of office

bearers will be limited to one year only, however, the members of the erstwhile

Managing committee can be re-elected for the succeeding year. No office bearer

will continue to hold the same position for three consecutive years. The election

shall be conducted by show of hands or, if necessary, by secret ballot.

b. Functioning of Governing body / Managing committee / Executive

Committee:

i. The Managing Committee shall govern the affairs of the Association in

Association with members of the Executive Committee. Any Member of the

Association is eligible for election to the Managing Committee.

ii. The members of the Executive Committee shall consist of all elected

members of the Managing Committee further added with equivalent

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(maximum) number of Executive Members to perform activities of the

Association. The members of Executive Committee will be nominated by

members of the Managing Committee based upon their past performance in

activities of the Association. Those (nominated) members who receive at

least three fourth votes from the members of the Managing Committee will be

considered eligible for admission in the Executive Members for one year term.

iii. Nominations for electing members of the Managing Committee shall be

invited for election prior to the Annual General Meeting. Each member shall

be eligible to contest and file his / her nomination only for one post of the

Managing Committee. The General Body shall elect the honorary office

bearers for one full year, however, in case of a special general body meeting,

warranting elections of the office bearers, the term of such elected people will

only be for the interim period and full election proceedings will be carried out

by inviting nominations for elections to be held at the Annual General

meetings as per the time frame mentioned above. The Secretary shall

prepare and share all pertinent information like timeline and modus-operandi

of the election proceedings in a detailed manner with all the members of the

Association. Appropriate committees will be formed for a transparent election

process including the nomination committee, election committee and the

balloting committee. The members of these committees would be individual

residents (preferably Senior Citizens) of the Association. All related guidelines

with regard to the process will appropriately be shared with all concerned.

iv. The members of the Managing Committee shall be eligible for re-election on

completion of their respective term of one year. However, the members of the

Managing Committee shall not be eligible for re-election on the same position

after having served for three consecutive years. The term of members of the

Executive Committee will end every year subjected to re-election upon

approval of application by at least 51% of the members of the Managing

committee.

v. Any vacancy in the office of Managing Committee arising out of resignations,

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expulsion, death, or there being no candidate in the election or for any other

reason during the tenure of the Committee, may be filled up by members of

the Executive Committee who are willing to serve for the rest of the term of

the Committee. c. Rights and Duties of Governing body / Managing committee / Executive

Committee:

i. The Executive Committee is empowered to review and discuss annual report

and accounts at the General Body Meeting, to suggest alteration,

amendments, or modification in rules and regulation of the Association and to

do any other activities in the interest of the Association as per the rules and

regulation of Societies Registration Act. The members of Executive

Committee will oversee the affairs of the society and will act under the

prescribed guidelines of Managing Committee. In all cases, wherever

applicable, the decision by majority of the members of the Managing

Committee will be considered as final.

ii. The members of the Executive Committee can initiate talk with the Managing

Committee to suggest any amendments in existing rules as laid down in the

memorandum of association. The members of the Managing Committee if

appropriate may take up those amendments in upcoming annual general

meeting or at special general meeting to obtain votes from eligible voters.

d. Notice period, Quorum at the meeting of Governing body / Managing

committee / Executive Committee:

i. Within seven days of end of every month a monthly meeting of the Governing

body would be called for to discuss the routine affairs of the society, monthly

receipts and expenditure account and such other matters as the governing

body deem fit or such other matter for which any member of the governing

body or general body has given a notice for.

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ii. Governing body Meeting shall be convened with at least a two (2) day notice

to the members of the governing body of the date, time and place of the

meeting as well as the agenda to be discussed during the meeting. iii. The quorum for the Governing body meeting would be at least (3) three

members of the Governing body.

iv. If any Governing body meeting cannot be held for want of the prescribed

quorum, the members who are present may adjourn the meeting to be held at

the same place and not less than thirty minutes from the time at which the

original meeting was called. If at such an adjourned meeting the quorum is

still not present, the member’s present being not less than two (2) shall form a

quorum.

v. The Governing Body Meeting shall be held at the registered office of the

Association or at such other place, within the locality, as the Governing body

may decide.

vi. The President, or in his absence the Vice President, shall preside at all

monthly meetings of the executive committee. In the absence of both, the

Members present may elect a Chairman among themselves (from the

members of the Managing Committee) to preside over the Meeting.

vii. Every issue at a Governing Body Meeting shall be decided by the voting

members present and be decided by a simple majority of votes cast in person

at that meeting. In the event of a tie, the President / Chairman (as the case

may be) shall have a casting vote.

Any resolution passed and / or decision taken on any matter at a Governing

Body Meeting, including at adjourned meetings, with prescribed quorum, shall be

deemed to be a Resolution passed and / or decision taken on any matter by the

majority of members.

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TERMINATION OF AN EXECUTIVE MEMBER:

Any individual who is an Executive member of the Association can be terminated

by remaining members of the Executive Committee citing reasons and issuance

of ‘Show Cause notice’ before initiating the termination process. The termination

process will be carried out as has been notified in the Societies Registration Act

1860. An Executive member will also cease to be a member of the Managing

Committee after his termination and will have no controls or authorities. 8. POWERS AND FUNCTIONS OF THE PRESIDENT, VICE PRESIDENT,

SECRETARY, JOINT SECRETARY AND TREASURES: The Managing committee members will have the following powers and duties

a. President: The President shall have general control over all affairs of the Association and

shall act on behalf of the entire Association. He shall have the power to defend

or pursue all legal actions on behalf of the Association, to enter into contracts, to

give advice over policy matters, to institute legal proceedings and sign all papers

and documents relating thereto.

b. Vice President:

Helping and assisting President in executing his activities and in the absence of

President, Vice President is empowered to act with similar powers and

authorities as that of the President.

c. Secretary: General Administration, all works for registration of Association with Registrar of Societies, and its periodical renewals, correspondence, enquiry into the public

complaints and its periodical renewals, and to do everything necessary by

coordinating work with the help of Govt. agencies and also to perform other

responsibilities as and when need arises.

d. Joint Secretary:

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Helping and assisting Secretary in executing his activities and in the absence of

Secretary, Joint Secretary is empowered to act with similar powers and

authorities as that of the Secretary.

e. Treasurer:

To ensure that all Account Books and accounts are properly maintained as per

direction of the Managing / Executive Committee. To sign all receipts for cash

and cheques received by The Society. The Treasurer is responsible for accounts

audited in a timely manner

f. Joint Treasurer:

Helping and assisting Treasurer in executing his activities and in the absence of

Treasurer, Joint Treasurer is empowered to act with similar powers and

authorities as that of the Treasurer.

g. Convener: The Convener will be responsible for sending notice of annual or monthly

meetings, prepare an agenda for each meeting, designate a person or persons

on the committee to take notes of the minutes of each meeting to be compiled

and sent to all members before the next meetings. Keep a record of the agendas

and minutes of each meeting.

9. REPRESENTATION OF SOCIETY IN A COURT OF LAW FOR A CASE BY OR

AGAINST THE SOCIETY

In the situation of a legal case in any court of law for a case and any Act or Statute, the

representation of the Society will be done by any one of President, Vice President,

Secretary or Treasurer as is decided by the Managing Committee in a meeting called

for this purpose.

11. ACCOUNTS

The Treasurer is responsible to maintain all accounting records of the association and

get the accounts audited in a timely manner. The accounts will be closed on 31st

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March of the accounting year.

The Association shall on or before 30th June every year, publish an audited annual

financial statement, which will be available for scrutiny by any qualified member at the

registered office and will also be provided to every member along with the Notice for

the Annual General Body Meeting. Annual Financials of the Society will be signed by

at least two members of the then Executive committee. A copy of the report will also

be submitted to such authorities as may be required by law. As per Societies

Registration Act 1860 annual balance sheet duly audited and approved at the AGM will

be filed along with any resolutions with the office of Registrar.

12. AUDIT

Once in every year, accounts of the Association shall be audited by a qualified

Chartered Accountant appointed by the Association in its Annual General Meeting.

The accounts shall be audited by a Chartered Accountant every year.

13. ADDITIONS, ALTERATION OR AMENDMENTS:

Addition, alteration or amendment shall be made to the Rules and Regulations only by

a resolution passed by majority at the Annual general meeting or at a special general

meeting held by members of the executive committee and passed by a majority of

51% of the members present and voting in person. The notice for such (special)

meeting to the members of the executive committee has to be sent to each member at

least seven (7) days in advance under proper acknowledgement. Every change in the

Rules and Regulations shall come into effect only after it having been filed with the

Registrar within 30 days from the date of such meeting. In case of other provisions,

which are not incorporated herein, the Association shall strictly follow The Societies

Registration Act, 1860

14. RESIDUAL MATTERS a. If the General Body takes a decision to amalgamate the association with any

other similar Association it is allowed to do so as per Section 21 of the Societies

Registration Act 1860.

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b. The Association will be empowered to collect maintenance charges and any

other charges as proposed and approved at the annual general meeting or at a

special meeting from all unit holders /residents of the Association. Such charges

may be revised from time to time upon obtaining a majority of approvals.

Similarly, the Association is empowered to raise funds using all fair means, viz.

inviting sponsorship for in-house events for residents, any cultural / humanitarian

activity, licensing vendors or by providing space to an insider / outsider for

conducting private events.

c. The funds so raised will be spent for safety, security, cleanliness of the locality or

for meeting any other expenses of the association. The amount may also be

spent to perform any humanitarian and/or cultural activity for needy or for the

welfare of residents including kids, children, ladies and the senior citizens. The

Treasurer/Joint Treasurer will be accountable for any money received and / or

spent under the society name. However, the Treasurer has to obtain prior

approvals either from the President/Vice President or in his absence from the

Secretary/Joint Secretary if the amount to be spent is exceeding INR 5,000/- (Rs.

Five Thousand only) on any single expenses includes capital expenditure.

d. The dissolution of Association (if required) will be done as per Section 22 and 23

of the Societies Registration Act, 1860.

e. The Association shall indemnify all the Executive Committee members from any

liability or losses that may arise while acting in good faith in the course of

discharge of their duties and responsibilities excepting for offences involving

wilful misappropriation of Association funds and/or other financial

misdemeanours and/or moral turpitude.

f. The Managing Committee shall open bank account/s with any scheduled banks

in the name of the Association as may be decided from time to time and shall

authorize the operation of such accounts under the signature of Treasurer/Joint

Treasurer with any one of the President/Vice President and/or Secretary/Joint

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Secretary. g. An Auditor shall retire at the Annual General Meeting following his appointment

but shall be eligible for reappointment. The nomination of auditors shall be

submitted by the Executive Committee to the members of the Annual General

Meeting. A member of the Association will not be eligible for appointment as

auditor.

h. All the provisions of Societies Registration Act, 1860 shall be followed, the

members undertake herewith.


Memorandum of Association and operate as per Rules and Regulations of the proposed

society by name and style of “……………. Resident Welfare Society” hereby undertake

and confirm that all the contents of these Rules and Regulations are true and correct to our

knowledge and understanding. President Vice President Secretary

Date: ….., ……………., …….

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SELF DECLARATION

(Stamp Paper – Rs. 50)

I, …………………, s/o …………….., aged … Years, occupation …………, resident of ………

………………………………………. and I, …………………, s/o …………….., aged … Years,

occupation …………, resident of ………….………………………………………. do hereby

solemnly affirm and declare as under:

(1) That the particulars / details given in the application are true and correct to the best of

our personal knowledge and trust.

(2) That we have not hidden anything in the details / particulars.

(3) That we are fully aware of the consequences of providing untrue particulars / details.

(4) That in case any detail / particulars given in the application are found to be incorrect,

we would be responsible for the action taken against us under the provisions of section

199 and 200 of Indian Penal code, 1960 and any other applicable law for the

prosecution and punishment.

(5) That we solemnly declares that in case any of the self-attested documents or

declaration given by us are found to be incorrect or we are found to be guilty of self-

attesting incorrect documents, then all the benefits available to and availed by us can

be taken back with immediate effect.

Place: ……………. Signature of Applicants

…………..…………………………….

Date …., ……, …. Name of Applicants: …………… and …………………

Name and Address of the society: ……………………. Resident welfare Society, ……………………………. ……………………………………………………………..

Template - Affidavit / Self Declaration

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PUBLIC NOTICE

It is declared to all that Shri ………….. has declared himself as the Secretary of the

Society “………… Residents Welfare Society” with address as ………………………….…

…………………………….. and have applied for the registration of the Society under

Society Registration Act, 1860. As per the documents Shri ………….. – President, Shri

………….. – Vice President, Shri ………….. – Joint Secretary, Shri ………….. –

Treasurer, Shri ………….. – Joint Treasurer, Shri ………….. – Member.

In case any person has objection against the formation of the society then that person

can file his / her objection within 30 days along with the proof in favour of objection. It

would not be possible to consider the objection after the expiry of 30 days period from

the publish date and a decision in respect of registration of society would be made

based on the merits or demerits of the case.

It may be noted that this notice is published under Section 3(1) of The Societies

Registration Act

By Order Dy. Registrar, Firms Societies and Chits

Template - Public Notice

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CASH RECEIPT

No. ……………

Date: ……………………………..

Received From ………………………………………………………………….. Office Use only

The Sum of …………………………………………………………………………

On Account of ……………………………………………………………………. A/c #

……………………………………………………………………………………………. Previous dues adjusted

……………………………………………………………………………………………. Current dues

…………………………………………………………………

For ………………….. Resident Welfare Society

Template - Receipt Book

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Sl.

No

Name and

Father’s name Age Address Profession Designation Signature

1 ……………….

s/o …………… …..

…………………………

………………………. …………… President

2 ……………….

s/o …………… …..

…………………………

………………………. ……………

Vice

President

3 ……………….

s/o …………… …..

…………………………

………………………. …………… Secretary

4 ……………….

s/o …………… …..

…………………………

………………………. ……………

Joint

Secretary

5 ……………….

s/o …………… …..

…………………………

………………………. …………… Treasurer

6 ……………….

s/o …………… …..

…………………………

………………………. ……………

Joint

Treasurer

7 ……………….

s/o …………… …..

…………………………

………………………. …………… Convener

8 ……………….

s/o …………… …..

…………………………

………………………. ……………

Executive

Member

9 ……………….

s/o …………… …..

…………………………

………………………. ……………

Executive

Member

10 ……………….

s/o …………… …..

…………………………

………………………. ……………

Executive

Member

11 ……………….

s/o …………… …..

…………………………

………………………. ……………

Executive

Member

Template - List of Members

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No. EC MEETING/2016-17/001 Dated: …..., ……………, ……

Minutes of the first Meeting of Executive Committee of …………….. Resident Welfare Society held on …. …………. …….

Secretary, …………….. Resident Welfare Society had invited all the members of the society

for the first meeting on ….., …………., …….. Agenda items were already circulated

separately to the members. Members who attended the meeting is attached herewith.

At the outset, President welcomed all the members of the executive committee for the 1st

meeting. He thereafter requested secretary to take up the agenda items one by one.

The decisions taken by the EC on various agenda items are as below:

1. Considering the registration of the Society: The Secretary informed the members that it is advisable for the association to be

registered in order to form a valid legal entity and to get the registration of society

with the Dy. Registrar, Firms, Societies, and Chits, ………...

2. Considering the name for the registration of the Society: The Secretary informed the members that for the registration of society with the Dy.

Registrar, Firms, Societies, and Chits, ………, the society need to consider up to five

name in the choice of preference so that the society can be registered in the name

and style of selected name. Members suggested some names and finally it was

agreed to pursue with the following names in the preference of choice:

i. ………….. Resident Welfare Society

ii. ………. Resident Welfare Society

iii. ………. Friends Resident Welfare Society

iv. ………. Family Resident Welfare Society

Template - Minutes of First Meeting

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v. ……… Group Resident Welfare Society

3. Authorising President and Secretary jointly to complete the documentation for the registration of the Society: The Secretary informed the members that for the registration of society, one or more office bearers need to be authorised to complete the documents with the Dy. Registrar, Firms, Societies, and Chits, ………. Members authorised President and Secretary jointly to complete the documents, sign these and get it filed with the Dy Registrar.

There being no other agenda item for discussion, meeting ended with the vote of thanks to the chair ……………

Secretary Copy to:

1. The President/All the EC Members 2. Notice Boards. List of Participants S. No.

Name Post Held

1 …………………….. President

2 …………………….. Vice President

3 …………………….. Secretary

4 …………………….. Joint Secretary

5 …………………….. Treasurer

6 …………………….. Joint Treasurer

7 …………………….. Convener

8 …………………….. Executive Member




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RENT AGREEMENT (Stamp Paper – Rs. 50)

This Lease Deed is made on this …………. between ……………….. S/o ………………...,

resident of …………………………………………………………………………, hereinafter

called as Lessor (which expression shall include its heirs, Executors, administrators &

assignees) on the ONE PART & M/s …………. Resident welfare Society, a Society

proposed to be registered in Uttar Pradesh under the Societies Registration Act, 1860

through its secretary Sh. …………… hereinafter called the Lessee (which expression also

includes his, successor legal representative & assignees) on the OTHER PART.

WHEREAS the Lessor is the absolute owner of the premise known as ……………………….

………………………………………., and have unfettered rights to let out the same on such

terms & conditions as he may think fit.

WHEREAS the second party has agreed to take on lease the deemed premises including

fitting & fixtures, for commercial purpose and as proposed office of the above said society as

per terms & conditions given here-in-after.

Now This Deed Witnesses As follows: -

1. That the lessee has agreed to pay to the lesser monthly rent of Rs. ……../- ( ……

Thousand Rupees) (without electricity and water bill) for the period of eleven months.

That the above rent is fixed & agreed rent between the parties and the LESSEE /

TENANT shall have no legal right to challenge it otherwise in any Court of Law.

2. That the period of the lease granted by the lessor to the lessee for the deemed premises

has been agreed initially to be for eleven months commencing from …………… to

……………. The Lessee shall have the option but not the obligation to renew this lease

Template - Rent Agreement for Society Office

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deed by the mutual consent of both the parties for a further period of eleven months & so

on, by informing the Lessor at least one month in advance from the date of expiry of this

deed.

3. That all rules, regulation, laws & by-laws of the municipal & other authorities having

Jurisdiction over the premises shall be strictly complying with by the Lessee.

4. That the lease can be terminated at any time during the tenure of the deed by giving one

month notice from either side or rent in lieu of the same.

5. That on expiry of the lease period the LESSEE shall handover the vacant possession of

the premises properly & before leaving the premises, he shall pay all dues, cost of

Breakages & damages, if any.

6. The lessee shall not sublet the premises or any part thereof and handover the

possession of the said portion to the Landlord on vacation.

7. Lessee shall use the Premises for the purposes mentioned above and not carry on any

activities which shall be likely to be unlawful, cause annoyance or disturbance to other

tenants/occupants or any commercial activities.

In witness whereof the above said Lessor & the Lessee has subscribed their hands in the

presence of the following witnesses: -

LESSOR LESSEE

(Sh. ………………………) (Sh. …………………..)

Witness

1.

2.

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(Stamp Paper – Rs. 10)

N.O.C. from Landlord

I, …………………… S/o …………………….. resident of …………………………………………………………………,

………………….. do hereby solemnly affirm and declare as under:

1. That I am the legal owner and in possession of property bearing No ……………………………

…………………………………………………………………………………….

2. That I shall have `No objection’ if the registered office of the society named

“………………Resident welfare Society” Shall be situated at my above said premises.

DEPONENT

VERIFICATION

Verified at Ghaziabad, on this the ………day of ………….. 2016 that the contents of the above

affidavit are true and correct to the best of my knowledge and belief and nothing has been

concealed therefrom.

DEPONENT

Template - NOC from Landlord

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Dated: 30th Dec 2015

The Dy. Registrar – Firms, Societies and Chits

………………, Uttar Pradesh, India.

Sub: Submission of documents for the registration of Society

Dear Sir,

We wish to form a registered society in the name and style of “………….

Resident Welfare Society”. Kindly find attached herewith following

documents in respect of the request for registration:

1. Memorandum of association;

2. Rules and regulations / Bye-laws;

3. Affidavit of the President and Secretary

4. Proof of registered office - Rent Agreement, No objection from the

landlord; and House Tax bill in the name of Landlord

5. Authority letter duly signed by all the members of the managing

committee;

6. Affidavit / Undertaking by President and Secretary of the society.

7. ID Proof of Seven Members from the same state. (Voter ID / Driving

License / Passport / Adhaar Card).

8. Cash Receipts for the Membership fee payment

9. Cash Book

10. Payment challan of Fee for registration of Rs. 2000

11. Minutes of the first meeting of the Society where all the members had

desired to form a society together with a approval of name of the society.

Signature of the President and Secretary

Template - Cover Letter

Documents

Registration of Resident Welfare Society in UP