AWHO

Compliance with Laws An Analysis

Governance of AWHO
Founders AWHO Board Of Manage ment

M O M

R
U L e s

Registrar of Societies
Annual changes in Governing body or Changes in Rules never filed with regulator.

Members AWHO 1. 2. 3. 4. 5.

Board elected and 1/3rd changed every year changing every one every 3 years. Election subverted: Board all ex-officio and changed because of new postings! Subversion of democracy!

Never met so far Never consulted on any thing Never approves any thing Never elects any one Only subject to arbitrary rules passed and changes in rules imposed against the unwilling members tyrrannically

Compliance with Laws

Requirements
1. Certified Copy :For certified copy of MOA & RR for a registered society a fees of Rs.1/- per page will be charged. Application to this effect should contain the Name, Reg. No and must be signed by the General secretary or the President of the society. For carrying out the aims and objects given by the memorandum and for internal management of the society, rules and regulation may be made by the society. If the rules and regulations of the society are inconsistent with provision of the Societies Registration Act, 1860 they are invalid and mere filing with registering authority for the purpose of registration of society cannot make them valid. GENERAL BODY: i. General body defined ii. Power and duties / functions of the general bodies. iii. Notice of meeting and periodicity of meetings. MANAGING / GOVERNING BODY/EXECUTIVE

Violations
1. 2. Both are missing from the Registrars office as reported to Maj Gen VK Singh.(Retd) by the Registrar. Rules and Regulations (Brochure) not passed by the General Body. Brochure defines only how the members can be constrained and not their rights or the Duties and responsibilities of the Managing body. For a valid contents: http://www.delhi.gov.in/wps/wcm/connect/98f82500 46a2ddbd902e915d9d3d91ee/Registration+of+Societi es.pdf?MOD=AJPERES&lmod=1899298285 Rules :
1. 2. 3. 4. 5. Violates Laws of the land Arbitrarily decided by the Management. Not passed by the General body Changes arbitrarily decided by unelected Management Imposed on members tyrannically.

2.
3.

4. 5.

3.

COMMITTEE:
i. Managing/Governing Body/Executive Committee defined ii. Minimum and maximum strength including office bearers iii. Composition iv. Election and its mode v. Term of the office of the Governing Body vi. Powers and suits of the office bearers vii. Quorum and notice of the meeting viii. Filling up of casual vacancies

4. 5.

General Body never met so far, never passed any thing, never passed the accounts. Managing Governance Body above the laws of the land and above the rules of the society.

Compliance with Laws (Contd)

Requirements
1. Annual List of Managing / Governing Body to be filed As required Under Section 4 of the Societies Registration Act, the list of Managing / Governing Body shall be filed once in every year with the Registrar of Societies, Delhi Sub-Committee, if any, formation, Composition, duties and functions Source of income and utilization of funds Audit of Accounts Operation of the Bank Account

Violations
1. 2. 3. Never filed with Registrar of Societies. No members incorporated, decided arbitrarily by unelected Governance Body. Source of income and utilization of funds and audits kept secret. Current business to the tune of Rs.10000 Crores.

2.
3. 4. 5.

1.

2.

Action Requested
Compliance Action with Registrar of Society be completed immediately

File the MoA after approval by the General Body of Members on the rolls of the Society with the Registrar Rules be analyzed by the legal counsel of the society for compliance with the Consumer Protection, Competition laws and the associated case laws and make amends to the rules. File the Rules after approval by the General Body of Members on the rolls of the Society with the Registrar. Other mandatory reports to be filed with the Registrar be audited and filed with the Registrar so that the risk of cancellation of the Registered Society status is abated. Management action to inquire and fix responsibility for failure to file the mandatory documentation with the Registrar of Societies be got approved by the General Body and appropriate action taken against the servants of the Society and the management body. Request to condone the failure to file the same yearly with the Registrar of the Societies after satisfying the General Body of the members of the Society be filed with the Registrar of the Societies after ensuring that the failure did/does not result inn negative consequence t the status of the society.

3. 4.

5.

6.

Principles of Restorative Justice and Conflict Management:

1.

2. 3.
4. 5. 6. 7. 8.

crime as harm to victims and the community peace; focus on putting right the wrong; victim and the offender are active players in responding to and resolving the criminal conflict; compensating victims for their losses through restitution by the offender; empowering victims in the justice process; holding offenders accountable for their actions; impressing on offenders the real human impact of their behavior; mitigation of the personal and relationship injuries experienced by the victim, offender and the community as a consequence of the offending; and