Formation of RWA

[Anil Mehrotra]

Dear Friends

After trying unsuccessfully to  dissolve our MC which has not been functioning since none of them stay in the society by passing a resolution in the SGBM , the residents have now decided to form a RWA to look into day to day affairs of the CGHS.

The RCS office has not been responding positively to our SGBM decisions based on some of their own interpretations.

Hence , now residents havettr decided to take charge themselves and therefore would seek the guidence of learned members of the forum to help us with the procedure for its formation and byelaws etc so that we can begin the formalities immediately.

Thanks & regards
Anil Mehrotra
8802043399

[Vinod Sharma]

Dear Mr. Mehrotra,

Formation of RWA is not the solution since it has no legal status.The correct procedure is a requisition to the present MC by atleast one fifth members of the society for covening a special GB Meeting u/s 36 of the DCS Act. While giving requisition, you have to mention the proposed Agenda as ' to deliberate upon the no confidence motion proposed to be moved by the members and voting on the same if necessary'. If the MC does not convene the meeting , you may then approach RCS to conduct the meeting. If the motion of no-confidence succeeeds, the General Body has to elect an ad-hoc committee in the same meeting to run the affairs of the society. Elections are required to be conducted by the ad-hoc committee within 90 days of its appointment.

In our Society, we followed the procedure and the MC was supreseded.

vinod Sharma

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[N. Ramakrishnan]

Anil ji, In continuation of Vinod's email, forming an RWA in a CGHS is not legal (rather there is a prohibition under DCS Rules). Under DCS Rules, Rule 106 sub rule 10 read as follows : (10) Any other organization such as Resident Welfare Association or Apartment Owners Association, by whatever name it may be called shall not be allowed to control or participate in the management of Co-operative housing complex. However the committee of the co-operative housing society may set up sub-committees consisting of member and non member to assist the committee in the management of the complex of the cooperative housing society. If the RCS gets to know about an association running the affairs which is not formed as per DCS ACt and Rules, the RCS will appoint an administrator to take control of the affairs who will then conduct a fresh election. The suggested measures can be : Initiate a talk amongst the members, request the existing committee to convene a general meeting and dissolve the committee and go for a fresh election (in that general meeting, an ad-hoc committee can be appointed by the general body for a three month period and initiate election process. If the current MC refuse to convene a general meeting, then you can follow the route suggested by Vinod. Rama    --- On Mon, 2/18/13, Vinod Sharma <vino...@gmail.com> wrote:

[Surjit Chetal]

follow mr vinod sharma' advice. Never ever allow the Administrator to take over.The rcs will be to happy to appoint an Administrator and u all will hv to pay a very heavy price for that.Take help of DF only

S K Chetal

[Anil Mehrotra]

Dear Rama ji & Vinod ji

 

Thanks for your suggestions . Highly appreciated.

 

We have tried all these procedures to supersede the MC but the present President and Secretary have always managed to get the SGBM nullified by the RCS on some pretext or the other . Also the RCS took 4 months to nullify the proceedings.

 

Also , the present MC have managed to convince the Bank and the authorized signatories have been changed wherein the Treasurer has been omitted for any Bank transactions and have taken control of the funds. It has also been learnt that they have opened another account in the other bank also and are gradually transferring funds to that account. In Nutshell , they have misused their official status and the powers convened by DCS Rules & Acts to the MC.

 

The members are frustrated as they are not able to do anything as RCS office doesn’t respond timely and effectively. Hence the formation of RWA was thought of to take control forcefully and the residents to give money to RWA rather than the present MC to run the society. The case is complicated as the present MC has Retd and serving Defence Personnel , IPS officers who have their clout in the Govt offices. We even requested them to resign on their own but all of them refused as they find the society as a milking cow since some of the flats are on sale and some  are not allotted yet. I guess everyone understands this.

 

I know that we have a complicated case but we are fighting for it and will have to find a solution too.

 

Regards

Anil

[Sushil Kumar]

We understand what you are trying to convey us.Any seven people can form RWA and its not a difficult job.But the real issue is a society registered under GHCS has to be run by Management for day to day function.

And hence it is not advisable to form RWA within the society.Our sincerer advise would be to convince residents and change MC.Important thing is public participation and once it happens everything will be alright.

Regards

[Arun Banerjee]

Sushilji has rightly conveyed the gist. Its actually residents of Society to come forward. Also if there is any problem & the same is not responded by MC, the same can be asked under Section 139 of DCS Act 2003.