About RWA Registration/License
RWA registration refers to the process of registering a Resident Welfare Association (RWA) under the Societies Registration Act, 1860. An RWA is an organization formed by the residents of a particular locality or housing society to represent their collective interests and work towards improving the living conditions and facilities within the community. Here are some important aspects of RWA registration:Top of Form
Resident Welfare Associations (RWA) are generally classified based on the type of housing society or locality they represent. Here are the different types of RWAs:
- Apartment Owners Association: An Apartment Owners Association (AOA) is an RWA that represents the interests of apartment owners in a multi-story building. AOAs are responsible for maintaining the common areas and facilities, ensuring security, and resolving disputes among the residents.
- Gated Community Association: A Gated Community Association (GCA) is an RWA that represents the interests of residents in a gated community. GCAs are responsible for maintaining the security and infrastructure of the community, organizing events and activities, and addressing issues related to common facilities.
- Independent Houses Association: An Independent Houses Association (IHA) is an RWA that represents the interests of residents in an independent housing society. IHAs are responsible for maintaining the common areas and facilities, addressing issues related to safety and security, and organizing community events and activities.
- Co-operative Housing Society: A Co-operative Housing Society (CHS) is an RWA that represents the interests of residents in a housing society registered under the Cooperative Societies Act. CHSs are responsible for managing the affairs of the society, maintaining the common areas and facilities, and addressing issues related to safety and security.
- Resident Welfare Federation: A Resident Welfare Federation (RWF) is an RWA that represents the interests of multiple RWAs in a particular locality or city. RWFs are responsible for coordinating the activities of the individual RWAs, representing their collective interests, and addressing issues related to infrastructure and development.
Checklist and Document Requirement for RWA Registration:
To register a Resident Welfare Association (RWA) under the Societies Registration Act, of 1860, you need to prepare a checklist of the required documents and follow the registration process. Here is a checklist of the documents required for RWA registration:
- Memorandum of Association (MOA): The MOA should contain the following details:
- Name of the RWA
- Area of operation
- Aims and objectives of the RWA
- Sources of income
- Rules and regulations governing the RWA
- Process of amendment of the MOA and rules
- Rules and Regulations: The rules and regulations should contain the following details:
- Membership criteria
- Rights and duties of members
- Powers and functions of the office-bearers
- Procedure for conducting meetings and elections
- Process of dissolution of the RWA
- List of office-bearers: The RWA should have a minimum of three office-bearers – a president, a secretary, and a treasurer. The list of office-bearers should include their names, addresses, and contact details.
- Address proof: A copy of the address proof of the RWA’s registered office, such as an electricity bill, telephone bill, etc.
- Identity proof: Identity proof of all the office-bearers of the RWA, such as an Aadhaar card, PAN card, voter ID card, passport, etc.
- Registration fee: The registration fee for RWA registration varies from state to state. You need to pay the prescribed fee along with the application for registration.
Registration Process of RWA Registration
Once you have prepared the checklist of the required documents, you need to follow the registration process:
- Prepare the MOA and rules and regulations of the RWA.
- Get the MOA and rules and regulations signed by at least seven members of the RWA.
- Obtain the address proof and identity proof of all the office-bearers of the RWA.
- Submit the application for registration to the Registrar of Societies in the respective state.
- Pay the prescribed fee for registration.
- Once the application is approved, you will receive a certificate of registration.
Compliance to do After Obtaining RWA registration
- Once you have obtained the registration for your Resident Welfare Association (RWA) under the Societies Registration Act, of 1860, there are certain compliance requirements that you need to fulfill to maintain the legal status of your RWA. Here are the compliance requirements that you need to follow:
- Maintenance of Accounts: You need to maintain proper accounts of the RWA’s income and expenditure, along with supporting documents such as receipts and vouchers. The accounts should be audited by a chartered accountant every year, and the audited financial statements should be presented to the members in the annual general meeting.
- Annual General Meeting: You need to hold an annual general meeting (AGM) of the members of the RWA every year, within six months from the end of the financial year. The AGM should be convened to approve the audited financial statements, elect office-bearers, and discuss important matters related to the RWA.
- Filing of Annual Returns: You need to file annual returns with the Registrar of Societies in the respective state, containing the following details:
- Name and address of the RWA
- Names and addresses of office-bearers
- Aims and objectives of the RWA
- Activities of the RWA during the year
- Income and expenditure of the RWA during the year
- Changes made in the MOA or rules and regulations during the year, if any
- The annual returns should be filed within six months from the end of the financial year.
- Updating RWA’s details: You need to update the RWA’s details with the Registrar of Societies in case of any changes in the office-bearers, address, or rules and regulations.
- Compliance with Income Tax Act: If the RWA’s income exceeds the tax exemption limit under the Income Tax Act, the RWA needs to obtain a Permanent Account Number (PAN) and file income tax returns every year.
- In conclusion, once you have obtained the RWA registration, you need to fulfill the compliance requirements such as maintaining proper accounts, holding an annual general meeting, filing annual returns, updating RWA’s details, and complying with the Income Tax Act
Top 10 Advantages to RWA Registration/License
Registering as a Resident Welfare Association (RWA) in India has several advantages. Here are the top 10 advantages of registering as an RWA in India:
- Legal Recognition: Registering as an RWA gives legal recognition to the association, and it becomes a separate legal entity capable of entering into contracts, owning property, and suing and being sued in its name.
- Credibility: Registered RWAs have more credibility and influence compared to unregistered ones, as they are recognized by the government and other stakeholders.
- Empowerment: Registered RWAs are empowered to undertake activities related to the welfare of their members, such as the maintenance of common areas, sanitation, security, and organizing cultural and social events.
- Financial Assistance: Registered RWAs can avail of financial assistance and subsidies from the government and other organizations for undertaking development projects and welfare activities.
- Legal Protection: Registered RWAs are protected by the law, and they can take legal action against individuals or entities that infringe on their rights or cause harm to their members.
- Tax Benefits: Registered RWAs are eligible for tax benefits such as exemption from income tax on the RWA’s income up to a certain limit, and deduction of expenses incurred for the welfare activities of the members.
- Access to Information: Registered RWAs have access to information related to government policies, schemes, and regulations that affect their members’ welfare.
- Representation: Registered RWAs can represent their members’ interests and concerns before the government and other organizations, and lobby for policy changes and reforms.
- Social Interaction: Registered RWAs provide opportunities for social interaction and community building among the members, leading to increased social capital and a sense of belonging.
- Collective Action: Registered RWAs can mobilize collective action among their members for addressing social and environmental issues, and contributing to the overall development of the society.
In conclusion, registering as an RWA in India has several advantages, including legal recognition, credibility, empowerment, financial assistance, legal protection, tax benefits, access to information, representation, social interaction, and collective action.