Review of Model Constitution in respect of Central Government Employees Residents Welfare Associations – finalization thereof
Government of India
Ministry of Personnel, P.G.and Pensions
Department of Personnel & Training
Lok Nayak Bhawan, Khan Market
New Delhi, Dated 23.3.2021
1) All Area Welfare Officers
2) Presidents of all RWAs
3) Secretaries of all RWAs
4) All Ministries/Departments
5) Placed on website of Departments of Personnel and Training
Sub:- Review of Model Constitution in respect of Central Government Employees Residents Welfare Associations – finalization thereof
I am directed to refer to the letter of even number dated 28.8.2020 on the above-mentioned subject and to enclose a copy of the revised Model Constitution for information and necessary action. The revised Model Constitution shall be effective from the date of issue of this letter. Hindi version of revised Model Constitution shall follow.
2. This issues with the approval of the Competent Authority .
Under Secretary to the Government of India
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL & TRAINING)
MODEL CONSTITUTION IN RESPECT OF RESIDENTS WELFARE ASSOCIATIONS RECOGNISED BY THE GOVERNMENT OF INDIA, DEPARTMENT OF PERSONNEL & TRAINING.
The Department of Personnel & Training encourages formation of Resident Welfare Associations in the Government residential colonies located in Delhi/New Delhi and outside Delhi. All Resident Welfare Associations functioning in Government Colonies are necessarily be under the ambit of supervision of the Department of Personnel and Training as a Welfare measure for the Government employees and their dependents, whether or not such Associations seek/receive grants-in-aid from the Department of Personnel and Training.
2. All Welfare Associations of the Central Government Employees in receipt of grants-in aid from the Department of Personnel & Training, New Delhi shall be required to be registered under the Societies Registration Act, 1860.
3. According to the Act, any seven or more persons having intention to form a Society may, by subscribing their names to a Memorandum of Association, form themselves into a Society under the Act. In case of Welfare Association, however, an Association of not less than 200 Government Servants (unless otherwise justified as a special case) shall be registered.
4. The Act lays down that the ‘Memorandum of Association’, and the “Rules and Regulation” of any Society/Association should be drawn up separately. Further, that whereas the ‘Memorandum of Association’ should contain the names of the society, names, addresses and occupations of the members of the governing body etc., the ‘Rules and Regulations’ should have the details of the Constitution like membership, manner of holding meetings, powers of the functionaries etc., the page-numbering of the rules and their classification/numbering are also required to be done separately from the Memorandum.
5. The Memorandum of Association shall contain the following provisions:-
(i) THE NAME OF THE ASSOCIATION
No distinction of class or character should appear in the name of Association(s). It is, advisable to name an Association as ‘CENTRAL GOVERNMENT EMPLOYEES RESIDENTS WELFARE ASSOCIATION/KENDRIYA SARAKARI KARAMCHARI AWASIYA SUDHAR KALYAN SABHA’……….followed by the name of Blocks/Type/Number of Quarters/area covered or represented by the association so as to suitably give an identification to it. No names other than the two mentioned above will be acceptable and, for the sake of uniformity, such Associations having different names should initiate action to change their names. An Intimation to this effect will be sent to the Department of Personnel and Training.
(ii) THE ADDRESS OF THE REGISTERED OFFICE OF THE ASSOCIATION
This should be the Home Address of the SECRETARY of the Association/Sabha/Samiti authorised to correspond with the Government or local Authorities etc. The name of the sender of the communication may be typed, if necessary.
(iii) THE JURISDICTION OF THE AREA OF OPERATION OF ASSOCIATION
This shall state in unambiguous terms the jurisdiction of the Association in which it shall function. There should be a specific mention of the name of Blocks e.g. Block ‘A’, ‘B’, ‘C’ of…. or the types of Qrs/Blocks (e.g. 500 Qrs from No…. to No…), the residents of which shall be entitled to become members of the Association. The area of operation should be a compact one, that is to say, it should not be fragmented/disjointed or scattered. Another important point is that it should not encroach upon or overlap the jurisdiction of another Association in the vicinity recognized by the Department of personnel & Training.
(iv) THE OBJECTS FOR WHICH THE ASSOCIATION IS ESTABLISHED
(a) To foster a spirit of mutual help and goodwill among the inhabitants of the colony in general, and the members of the Association in particular, thereby, promoting communal harmony and national integration.
(b) To make all possible efforts to achieve general amenities, consumer protection such as interaction with traders on quality and quantity of goods, over charging etc. monitoring of the public distribution system including supply of essential and consumable items and environmental protection such as steps to curb pollution, ensure cleanliness, plantation of trees, interaction with authorities on any environmental aspects and for this purpose, represent the interest of the residents before appropriate authorities.
(c) To undertake all such other lawful acts, deeds or things including Sports and Cultural activities as are incidental or conducive to the attainment of any or all of the above objects including the general Welfare of the Employees and their families.
(d) To promote such welfare and socio-economic activities as may be approved by the Department of Personnel & Training.
(v) The Managing Committee will set targets in the areas stated in the objects and conduct half-yearly reviews to assess the achievements of targets. This will be called the Annual Action Plan of the Association. A copy of the Action Plan has to be sent to the Chief Welfare Officer, Department of Personnel & Training in the beginning of the Financial Year. The Association, while applying for grants in-aid to the Department of Personnel & Training, shall indicate, with special reference to the Action Plan, achievements or shortfalls with reasons.
6. The Association shall, however, desist/refrain from taking part directly or indirectly in any political or anti-government activities or associating with foreigners or foreign Institution/Association. The Association shall not bring any political or other outside influence to bear upon any authority in connection with the affairs thereof.
7. The ‘Memorandum’ of the Association should, further, give the names, address, occupations and designations of the members of the governing body (at the time of registration) to whom the management and affairs of the Association have been entrusted. It is also required to be duly signed by these members before it is registered.
8. The ‘RULES AND REGULATIONS’ of the Association shall contain the following provisions.
RULES AND REGULATIONS
I OFFICIAL YEAR
The official year shall be financial year i.e., from 1st April to 31st March.
II MEMBERSHIP *
There shall be two types of members.
All Central Government Employees and employees of Lok Sabha, Rajya Sabha, Supreme Court, High Court, UPSC, Statutory and Autonomous bodies, Delhi Administration shall qualify for ‘Regular’ membership of an association in receipt of grant-in-aid from Department of Personnel and Training subject to fulfilment of conditions as laid down in para (b) to (h) as below :
(a) Employees of the following offices shall, however, be eligible for enrolment as ‘Associate’
(i) Members of the Armed Forces and other Armed Forces of the Union.
(ii) Retired Government Servants.
(b) There should be a drive to maximize membership. For this purpose, as many persons, who fulfil the eligibility conditions for membership are to be so enrolled on the payment of the fee prescribed by the General Body of the Association. No person, who is eligible to become a member and who is willing to pay the prescribed fee, shall be denied membership.
* Amended vide letter No.5/8/2013-Welfare dated 3.06.2014 (Annexure-XI).
(c) The following ‘Regular’ members shall be eligible to seek office in the Managing/ Executive Committee:
(i) Who are allottees of Government quarters in the area and are residing there;
(ii) Who are residing in the colony on sharing basis after obtaining official approval;
(iii) Husband/Wife, sons and daughters of a Government servant who are also Govt. Employees and residing in the same flats, provided no other member from the same house is contesting office in the Managing/Executive Committee
(d) Associate member as mentioned in 2(i) to (ii) above who are allottees and residing in the area or are residing on sharing ‘basis’ after obtaining approval shall not be eligible to seek office in the Managing/Executive Committee, though they shall have the right to vote in elections.
(e) Member desirous of contesting election would be required to obtain an undertaking from the concerned Head of Department that in the event of any misappropriation of funds etc., disciplinary action against the office bearers from the aforesaid offices would be proceeded in accordance with the provisions of the Conduct Rules of the relevant Secretariats/Organizations.
(f) Member desirous of contesting election would be required to obtain certificate from their respective office that the service conditions applicable to them allow them to hold elective office in RWA.
(g) While enrolling as member or renewing membership, the Association has to satisfy itself that the individual who is being enrolled falls in any of the categories mentioned above. The sample of this is at Annexure-A.
(h) In case, any Government employee, eligible to become a member of the Association of the area where he resides, faces any difficulty in becoming the member of the Association, he/she can submit an application directly to the Area Welfare Officer for necessary action who will settle the matter, if necessary, in consultation with the Chief Welfare Officer, Department of Personnel & Training.
Notes :(i) Employees of organization whose service conditions do not allow to hold elective office in RWA will however have the right to vote in the election;
(ii) Membership shall not be open to the employees of the private shops/companies.
III ADMISSION FEE & SUBSCRIPTION
(a) Every person admitted as member shall have to pay an admission fee at the time of enrolment and also subscription (monthly/quarterly/annually) as laid down by the Association in their Constitution, in advance. Proper receipts will be issued to the members in token of having received the enrolment fee and the subscription. The signatures of the members shall be obtained on the office copy/counterfoil of the receipt book in token of his/her having received the receipt. The membership shall cease automatically if the same is not renewed within one month of the beginning of the next official year. In such cases, membership can be revived only after payment of all arrears on account of subscription or other dues outstanding against the member plus a nominal fine as may be prescribed by the Managing Committee.
(b) The Managing Committee shall have the right to raise funds as and when necessary and charge additional subscription from members for any individual games, events, activity or function of the Association.
IV PROECEDURE FOR RECOGNITION OF NEWLY FORMED ASSOCIATION/REVIVAL OF DEFUNCT ASSOCIATION.
All such Associations of Central Government Employees as are interested for recognition of their Association and also those which have become defunct due to any reasons thereof may make a formal request in this regard along with the following documents and the recommendations of the Area Welfare Officer concerned to the Department of Personnel
a) List of Members enrolled as on 31st March……..(There should be a minimum of 200 members in the Association). However, the limit of 200 members may be relaxed on case to case basis by Chief Welfare Officer, Department of Personnel & Training.
b) A copy of the Registration (Association) Certificate;
c) A list of present Managing Committee;
d) A Certificate regarding adoption of the Model Constitution of the Residents Welfare Association as framed by this Department duly approved by the General Body of the Association;
e) A Certificate stating therein that the members enrolled in the Association are not members of any other Association functioning in the same area/locality.
(a) The affairs of the Association shall be managed by a Managing Committee consisting of the following office-bearers:-
|(iv)||Joint Secretary||(one post)|
|(vi)||Convenor (Civic Amenities & Health Services)||(one post)|
|(vii)||Convenor (Sports & Cultural Activities)||(one post)|
|(viii)||Convenor (Environment & Consumer Rights and Security)||(One post)|
(b) All the above members of the Managing Committee will be elected simultaneously. The contestants for Treasurer post should preferably have the knowledge of accounting procedure.
(c) The office-bearers and members of the Managing Committee shall hold office for two years. However, they shall continue until fresh elections are held and results declared by the 30th of April, of that year, whichever is earlier.
Note: Those persons who are due to retire within this period would not be eligible to contest the election.
(d) As per Rule 15(1)(c) of the CCS (Conduct) Rules 1964, no Government Servant, shall, except with previous sanction of the Government, hold an elective office in RWA. Further a Government Servant may be allowed to hold elective office in RWA for a period of two terms or for a period of 5 years, whichever is earlier for which prior sanction would be required when he/she contests an election in RWA.
(e) On part of a Government Servant not obtaining prior permission for holding elective office in any Association, recognized or unrecognized, and also holding any elective office in any Association for more than specific period as prescribed above, would attract action under the provisions of CCS (Conduct) Rules, 1964.
(f) The committee shall meet once a month. A notice of 3(three) days shall be necessary to call an ordinary meeting whereas no notice shall be necessary for an emergent meeting.
(g) The quorum for ordinary meetings of the Managing Committee shall be one third of the total membership thereof whereas no quorum shall be necessary for an emergent meeting. Any member who does not attend three meetings of the managing Committee consecutively without permission (from the President or the Vice-president in the case of President himself) shall be removed from the Managing Committee and would be informed in writing. Such action of the Managing Committee would be got ratified by the General Body.
(h) Every member present and voting in the Managing Committee shall have one vote provided in the case of equal division of votes, the President shall have casting vote.
(i) The committee shall be responsible for the day-to-day management of the affairs of the Association and shall have the power to incur expenditure within the funds available with the Association for conducting the activities of the Association. It shall not go in debts or take loans for conducting its activities.
(j) The Managing Committee shall, at the appropriate time, in consultation with, and after approval of the Area Welfare Officer, appoint a Returning Officer from amongst the members of the Association for holding elections, provided that such member shall not himself be taking part or contesting in the said elections. Only regular member would be eligible for such appointment. No such person who held an executive post in the last Managing Committee will be eligible to be appointed as Returning Officer. The Area Welfare Officer will intimate the Chief Welfare Officer about the appointment of Returning officer in time, giving his complete official and residential address and Telephone No. if any before the elections are notified.
In case of absence of a consensus between the Managing Committee and the Area Welfare Officer about the appointment of a Returning Officer, the matter shall be referred to the Chief Welfare Officer, Department of Personnel & Training whose decision in this regard shall be final. The Returning Officer shall hold elections as per guidelines issued by Department of Personnel and Training from time to time. In case of any confusion, he/she may consult Area Welfare Officer/Chief Welfare officer of Department of Personnel and Training.
(k) The committee shall have the ‘right’ to accept or reject the resignation(s) of office bearers/members and to make appointment to fill vacancies caused either due to resignation or any other reasons, as under:-
(i) From amongst the elected Member of the Managing Committee to fill the vacancies of office bearers.
(ii) From amongst the ‘regular’ members of the Association to fill the vacancies of Members of Managing Committee. The Managing Committee can fill the vacancies for the remaining part of the term thereof subject to the condition that the total vacancies
(to be filled) do not exceed or constitute 2/3rd of the total posts of the managing Committee during the Block year.
A report on filling up of vacancies etc. shall be sent to Area Welfare Officer/Chief Officer and required to be presented for ratification in the next meeting of the General Body, which should be held within two months. The decision of the General Body shall be intimated to the Chief Welfare Officer, Department of Personnel & Training.
(l) All office-bearers shall function and act under the control of the Managing Committee. The Committee shall have the power to set up ad hoc Committee or sub-Committee and to delegate powers to them, as deemed necessary. The Committee shall have the right to co-opt residents of the area (Regular or Associate Members) for such specific purpose or purposes, as it may deem fit.
(m) Any office-bearers/Member of the Managing Committee if directly/indirectly involved in political activity may be removed from the Managing Committee by Chief welfare Officer, Department of Personnel & Training after he/she is satisfied about such act of the office bearer/ member. The Chief Welfare Officer may also recommend to the Administrative Ministry/Department/Office of the concerned office bearer/Member for taking suitable disciplinary action under the CCS (conduct) Rules, 1964.
(n) The Chief Welfare Officer, Department of Personnel & Training will also have power to dissolve a Managing Committee and set up an ad hoc Committee to run the affairs of the Association or/and order mid-term election if:-
(i) On the basis of the reports of Area Welfare Officer, he/she is satisfied that the work of the Association is not being conducted in accordance with the objectives laid down in the Constitution;
(ii) Two-thirds of the members (including office bearers) of the Managing Committee resign/leave office due to any other reason.
The term of ad hoc Managing Committee shall be for a period of three months from the date of issue of letter giving approval to the ad hoc Managing Committee. After a period of three months, ad hoc Managing Committee stands dissolved automatically. Extension of term of ad hoc Management Committee under exceptional circumstances may be considered by Chief Welfare Officer, Department of Personnel and Training.
The mid-term election for the remaining part of the term would be conducted by following the complete procedure of the election as laid down in this Constitution. However, elections shall not be held if the remainder of the term of a Block year is less than 6 months. During this period, Area Welfare Officer shall take care of that area.
VI. DUTIES POWERS AND RESPONSIBILITIES OF OFFICE BEARERS OF THE COMMITTEE:
(a) Individual office-bearer, who receive the grants-in-aid from the Department of Personnel & Training shall be responsible for submission of the approved annual accounts etc. for the previous financial year to the Department of Personnel & Training.
He/She shall presides over the meetings of the General Body/Managing Committee and exercise general supervision over the activities of the Association. He/She may dispose of such important and urgent matter which for want of time cannot be put up to the Managing Committee and report the same in the next meeting of the Managing Committee. He/She may also authorize expenditure up to Rs.2000/- expenditure so incurred should be got approved by the Managing Committee at its next meeting. He/She would be treated as ‘Head’ of the Association. In the event of resignation by any office bearer/member, the President shall arrange to convene a meeting of the Managing Committee within a week of receipt of resignation in which Area Welfare Officer shall also be invited.
He/She shall carry out such duties, as may be assigned to him/her from time to time by the President. In the absence of the President, he/she shall assume the duties and powers of the President.
He/She shall (i) maintain a register containing the names and address of the members of the Association,(ii) issue notice of the meetings in consultation with the President and record the minutes of the meetings,(iii) be responsible to the Managing Committee for all activities of the Association and will conduct correspondence on behalf of the Association,(iv) have authority to incur expenditure not exceeding Rs.1000/- in anticipation of formal sanction, such expenditure being reported to the Managing Committee for approval at its next meeting(v) submit a report on the working of Association for the preceding year at the Annual General meeting and (vi) execute contracts on behalf of the Association as and when authorised to do so by the Managing Committee(vii) keep all the records(excluding cash and accounts) of the correspondence with him/her.
(e) JOINT SECRETARY
He/she shall carry out such duties may be assigned to him/her time to time by the President/Secretary. In the absence of the Secretary, he/she shall assume duties and powers of the Secretary and shall be responsible to submit a quarterly report of activities to the Under Secretary(RWA), Department of Personnel & Training and annual report and audited annual accounts within 60 days of the close of the financial year.
He/She shall (i) be responsible for making all collections and receive cash and give receipts thereof on behalf of the Association and be responsible for the proper maintenance of Association Accounts,(ii) keep regular accounts of money received and disbursed and be responsible for the proper maintenance of the accounts book and other Registers of the Association and for this purpose, he/she shall post all the receipts of income and expenditure regularly in the Cash Book and put it up for information of the Managing Committee in its next meeting,(iii) work as Financial Adviser to the President/Secretary of the Association,(iv) keep cash in hand up to Rs.2000/- only and to deposit excess funds, if any, in the Bank(v) prepare an annual statement of accounts at the end of the financial year and after approval of the Managing Committee, submit it to the Annual General Body meeting, duly audited(along with the Auditor’s report and replies thereto, if any).
The Convenor shall look after the work relating to the field of his/her assignment in consultation with President/Secretary.
He/she shall be appointed by the Managing Committee before the end of March every year for audit of accounts of that financial year from amongst the regular members of the Association (other than a sitting member of the Managing/Executive Committee). He/she shall audit the accounts of the Association and obtain clarifications in this regard, if necessary, from the office-bearers of the Managing Committee. He/she shall suitably endorse his/her report on the Annual statement of the Accounts, and on the list of assets of the Association etc.
The Area Welfare Officer, nominated for the area, shall be the ex-officio patron of the Association. He/She shall be invited by the Association to attend all the meetings of the Managing Committee/General Body as a ‘Special Invitee’ where his/her role will be that of a “passive Observer”. He/She will tender advice on matters raised in such meetings when called upon to do so and not interfere with the normal proceedings.
He/She shall be required to periodically review the Annual Action Plan of the Association and tender necessary advice to the Association on shortfalls, if any. Any special observation/Report on the Action plan should be forwarded to the Chief Welfare Officer, Department of Personnel & Training.
It shall be duty of the Area Welfare Officer, as a Patron of the Association, to keep a special watch on enrolment or renewal of membership of the Association, particularly in the month of March every year. He/She shall ensure that every genuine allottee willing to become a member is enrolled as a member of the Association. In case of any difficulty faced by the residents, the Area Welfare Officer can entertain application directly as provided in Para II(2)(h) above.
The proposal seeking grants-in-aid shall be submitted with the recommendation of Area Welfare Officer who may ensure that the grant so allocated is spent by following due process and proper auditing of accounts is done.
Area Welfare Officer shall also submit a report in the month of January of every year regarding the number of Associations functioning in his/her area and whether these are recognized by the Department of Personnel & Training or otherwise.
IX. GENERAL BODY
(a) The General Body shall consist of all members of the Association and the final authority of the Association shall vest in it.
(b) The rights and privileges of the General Body shall be:-
(i) To elect the Managing Committee, including office-bearers and members latest by the end of April in every block of two years.
(ii) To remove any office-bearer/member of the Managing/Executive Committee/member of the Association
(iii) To adopt the Model Constitution, framed by the Department of Personnel & Training (as amended from time to time.)
(iv) To pass the accounts of the previous year and consider the
Auditor’s report and Annual report.
(v) To approve the programmes of activities of the Association for the ensuing year.
(vi) To consider and decide about the winding up of the Association and disposal of its assets & liabilities in consultation with the Department of Personnel & Training.
(vii) To discuss any other item with the permission of the Chair.
A. ORDINARY MEETING OF THE GENERAL BODY
(1) The quorum for the General Body meeting shall be ¼ of the total number of members on roll.
(2) A notice of at least 14 days shall be given in writing for convening an ordinary meeting of the General Body.
(3) A meeting for want of quorum may be adjourned by the President/Presiding Officer and no quorum shall be necessary for such an adjourned meeting when reconvened.
(4) Meeting of the General Body of the Association shall be held at least once in a year within a period of two months of the completion of the financial year i.e. before the 31st of May, Annual Report, Annual Accounts for the previous financial year and general plan/programmes for the next financial year would be approved/ decided in these meetings.
(5) A special meeting of the General Body may be held either at the instance of the President of the Association or on a requisition signed by at least 1/5th of the total number of members to discuss specific matters to be stated in writing. The quorum for such meetings shall be at least 1/5th of the total number of members on rolls of the Association present in person. In case, the Area Welfare Officer is satisfied about the need for calling a General Body meeting and if such meeting is delayed for any reason, he/she may with the approval of Chief welfare Officer, Department of Personnel and Training, advise the President to convene a general body meeting for the purpose.
B. EXTRAORDNARY MEETING OF THE GENERAL BODY
(1) Matters pertaining to the removal of office –bearers including members and/or the removal of any members of the Association and appeals against the decisions of Managing Committee shall require 2/3rd majority of the members present and voting. The quorum for such meeting shall be 1/3rd of the total members on roll.
(2) A’NO CONFIDENCE MOTON’ against the Managing Committee shall be considered only if at least 1/3rd of the total members on roll put such a motion in writing and a meeting is convened specifically to consider it. The quorum for such General Body meetings shall be 1/3rd of the total members on roll and decision will be valid if the 2/3rd majority of the members present and voting in that meeting vote in favour of such a decision. In such a situation bye-election would be ordered with the approval of the Chief Welfare Officer, Department of Personnel & Training as per procedure of election laid down in the Model Constitution.
(a) The list of Regular and Associate members as on 31st March should be displayed within a week from 1st April and finalized after 7 clear days of such display/notification by considering representation for rectification of errors, if any. In any case, the final voters list should be published latest by 15th April.
(b) All Office Bearers and Members of the Managing/Executive Committee shall be elected in the General Election to be held by secret ballots. The date of elections, which should be on or before 30th April, shall be decided by the Managing Committee. The terms of the elected office-Bearers and Members shall be TWO YEARS (BLOCK OF TWO FINANCIAL YEARS). The Managing Committee shall cease to exist on the 1st May of the year when the elections are due or till the new Committee is declared elected, whichever is earlier.
(c) Members (including Associate Members), whose subscription and other dues are not in arrears up to 31st of March of the year preceding the election year, shall be eligible to vote. Thus, only eligible residents who become member/associate member of the Association by 31st March of a year shall be eligible to vote and/ or contest elections, as the case may be during the next financial year.
(d) Every member present and voting shall have one vote.
(e) Voting shall by secret ballot.
(f) Elections shall be conducted by the Returning Officer who will be appointed in accordance with para V(j). The Area Welfare Officer concerned would also act as ‘OBSERVER’ at that time. The Returning Officer would be given copies of voters list (clearly indicating the voter number) on his/her appointment along with necessary material i.e., stationery/blank nomination forms/requisite Funds etc. for carrying out activities concerned with conduct of the elections. The Returning Officer would be given full assistance and cooperation by the Managing Committee/Members for smooth conduct of the elections. Nomination forms (Annexure-‘B’), duly proposed, seconded and accepted by the contestant member for a particular office, shall be received by the Returning Officer by a certain date and time fixed by the Managing Committee which should be at least 7 clear days before the date fixed for the meeting of the General Body/holding of the elections, as per the programme at Annexure-‘C’. No person can hold more than one office at a time of two blocks and, therefore, will be eligible to contest only for one office.
(g) An elector shall be entitled to propose or second only one nomination paper. In case he/she has proposed one nomination paper and also seconded another nomination paper, in that case both the nominations would be invalid.
(h) No elector shall propose or second a nomination paper for an office for which he/she himself/herself is a candidate. If an elector has already proposed or seconded a nomination paper for an office, his/her own subsequent nomination for such an office will be inoperative.
(i) All the members of the Association, who are eligible to vote in the elections to elect the office-bearers/ Members of the Managing/Executive Committee, will be informed through wide publicity of the programme of election, well in time in writing. They should be advised to bring their Identity cards and allotment letters/electricity in their name and any other valid documents with them to substantiate the validity of their membership at the time the elections are held.
(j) In case of any dispute arising in the matter of Election process or Election Results, the Area Welfare Officer, being an observer, shall submit a report to the Chief Welfare Officer in the Department of Personnel & Training for a decision, whose decision shall be binding upon the Association. After the declaration of the Election Results of an Association, if the Chief Welfare Officer is satisfied on the basis of the report of Area Welfare Officer/evidence brought to his/her notice that the elections have not been held in a fair manner or that mal-practices were resorted to by an individual(s), he/she may cancel the election and appoint an ad hoc Committee of members and an independent Returning Officer in consultation with the Area Welfare Officer for holding fresh election. The ad hoc body will discharge the functions of the Managing Committee till fresh elections are held.
(k) Persons aggrieved with decision of the Chief Welfare Officer may appeal to the Joint Secretary in charge of the Staff Welfare in the Ministry of Personnel, Public Grievances and Pensions for setting aside or revision or to modify the decision/decisions of the Chief Welfare Officer. The decision of such Joint Secretary shall bind all concerned finally and conclusively.
XI. SOURCE OF INCOME
The source of income of the Association shall be:-
(i) Subscription and fees as laid down in the Model Constitution and/or funds raised from time to time on specified counts.
(ii) Grants –in-aid from the Government.
(iii) Donation from Government(s) or Official Bodies.
NOTE: Chowkidar funds, if any, collected by RWAs are separate from the above income and expenditure from this fund. It shall be audited and presented in General Body Meeting where Area Welfare Officer shall be present.
XII. WITHDRAWALS FROM THE BANK
(i) These shall be authorised by the Joint signatures of the Treasurer and the President or the Secretary.
(ii) The outgoing Managing Committee will not make any withdrawal from the Bank Account after date of election.
XIII. SUITS BY AND AGAINST THE ASSOCIATION.
The Association may sue or be sued in the name of the President or the Secretary.
XIV. The Association shall not joint/federate with any other Association/Federation(s) without the prior approval of the Department of Personnel & Training.
XV. HANDING OVER OF CHARGE
The Secretary of the outgoing Managing Committee shall be responsible for handing over the charge to the Secretary of newly elected Managing Committee within 15 days of the due date on which the Returning Officer declares results of the elections. It shall be duty of the Secretary of the outgoing Managing Committee to ensure that all documents, Registers relating to Accounts including pass-Book, Cheque Book and other papers are handed over to the Treasurer of the newly elected Managing Committee whereas all other documents, Registers, and other assets/equipment/articles will be handed over to the Secretary of the newly elected Managing Committee. The Secretary of the newly elected Managing Committee shall inform the Area Welfare Officer about the position regarding handing over taking over of the charge including matters relating to the Accounts within 7 days of the date on which charge has been/ should have been handed over. If the post of the Secretary is vacant for any reason, another office-bearer, shall be nominated by the Managing Committee who shall be responsible for handing over the charge to the Secretary of the newly elected Managing Committee within 15 days of the declaration of the results. In case the Secretary/Treasurer other office-bearer nominated by the Managing Committee as mentioned above of the outgoing Managing Committee fails/refuses to hand over complete charge to the Secretary/Treasurer/other office- bearers of the newly elected Managing Committee within the due date, their conduct shall be viewed as’ Unbecoming of a Government servant’ thereby attracting provisions of the Central Civil Services (Conduct) Rules, 1964 and rendering them liable to appropriate disciplinary action. The Area Welfare Officer shall submit a report to the Chief Welfare Officer, Department of Personnel & Training in this regard within one month of the completion of election. Such office-bearers who fail/refuse to hand over the complete charge to the succeeding office bearers within a period of one month of the date of election, shall be debarred from holding the post of any office-bearer in any Residents Welfare Association.
(a) Any number not less than 3/5th of the members of the Association may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the Association, its claims and liabilities in consultation with the Department of Personnel & Training.
(b) If upon the dissolution of the Association there shall remain, after the satisfaction of all the debts and liabilities and any property whatsoever, the same shall not be paid to or distributed among the members of the Association but shall be given to some other Association/Body/Authority to be determined by the Department of Personnel & Training.
The Department of Personnel & Training gives grants-in-aid annually as per provisions laid down in letter No.5/11/2010-Welfare dated 8th May 2013 or instructions issued in this regard from time to time. However, non-receipt of grant shall not be considered a ground for de-recognition of any Residents Welfare Associations if the said Resident Welfare Associations is functioning according to the instructions issued by Department of Personnel & Training.
XVIII. FURNISHING OF UTILIZATION CERTIFICATE
It shall be the responsibility of the Secretary/Treasurer/Officer bearer to furnish Utilization Certificates in terms of provisions of General Financial Rules (GFR) for grants received from Department of Personnel and Training. In case new Managing Committee takes over office, the previous Managing Committee shall be liable to provide all necessary details to newly elected Managing Committee relevant for furnishing of Utilization Certificates to Department of Personnel and Training.
Any point relating to interpretation of the provisions of the Model Constitution or any other dispute pertaining to the functioning of the Association, relief on which has not provided elsewhere in the Constitution, shall be referred to the Chief Welfare Officer, Department of Personnel & Training whose decision in this regard shall be binding on all the parties.