corporate law

Published on 11 April 2025

The Role of Resident Welfare Associations in Haryana: Legal Guidelines and Misconceptions

Understanding the Role of Resident Welfare Associations in Haryana

Resident Welfare Associations (RWAs) play a crucial role in community governance in Haryana, especially in urban areas like Gurgaon. However, confusion often arises about the authority of administrators appointed by the District Registrar, particularly regarding member admissions when there is no elected Governing Body.

Legal Framework Governing RWA Administrators

Powers and Responsibilities

Under Section 39(10) of the Haryana Registration and Regulation of Societies Act, 2012, the District Registrar can appoint an administrator or an ad-hoc committee if a society does not conduct timely elections for its Governing Body.

The administrator's role is limited to transitional management, which includes:

  • Overseeing daily operational matters
  • Organizing new elections

Key Point

It is important to note that administrators cannot admit new members; their role is restricted to managing operations and ensuring the electoral process is conducted.

Admission of New Members: Legal Guidelines

Relevant Provisions

The process for admitting new members is governed by Rule 11 of the Haryana Registration and Regulation of Societies Rules, 2012, along with the society’s bye-laws.

Form-X, as per these Rules, stipulates that:

  • New member admissions must be sanctioned by a resolution of the Governing Body at a duly convened meeting.

Additionally, Section 16 of the Act sets the eligibility criteria for membership and underscores the necessity for Governing Body approval for any admissions, as opposed to decisions made by the administrator.

Recent Case Law

Recent court cases, including Salman Jalaluddin Akbar v/s District Registrar, Firm and Society, Gurugram and Sh. Parveen Yadav v/s District Registrar, Firm and Society, Gurugram, have reinforced that:

  • Administrators’ actions to admit new members are ultra vires (beyond their legal authority) according to both judicial decisions and directives from the District Registrar.
  • Elections should rely on the membership list that exists prior to the administrator's appointment.

Addressing Common Misconceptions

Outdated and Incorrect Practices

Myth: Administrators have the authority to approve new memberships as part of their management duties.

Fact: New memberships can only be approved by the Governing Body through a formal resolution.

Any member changes made by an administrator, including admissions or terminations, are legally invalid and can jeopardize the validity of subsequent elections.

Practical Guidance for RWAs

Compliance with Legal Standards

  • Bye-Laws: Societal bye-laws must not contradict the provisions outlined in the Act or Rules. Any clause that grants an administrator additional powers that conflict with these laws is null and void.

  • Membership Register: Societies need to update their member records within 15 days following official membership changes, ensuring all changes have the necessary approvals.

  • Dispute Resolution: Any disputes related to the membership list before elections should be handled by the District Registrar, not by the administrator.

Current Legal Context

As of 2025, there have been no amendments increasing the powers of administrators concerning member admissions.

Conclusion

In Haryana, RWAs operate within a defined legal framework that clarifies the roles and powers of appointed administrators. It is essential for RWAs to strictly follow both legal provisions and their own bye-laws to uphold the integrity and legitimacy of their governance processes.