Lawfully Yours: By Retd Justice K Chandru | RWA’s demand for annual maintenance payment can be challenged
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
RWA’s demand for annual payment of maintenance can be challenged
Q: The residents’ welfare association in my apartment recently announced that the MMC (monthly maintenance charge) must be paid once every six months, or once a year no more monthly payments. Almost everyone agreed. However, I’m unable to pay a lump sum amount, so I make monthly payments only and am up-to-date with it. But this registered association keeps harassing me on a common WhatsApp group that if I don’t follow the rules, some privileges like parking etc will be cut off. Is this legal? How do I counter it legally?
Sowmiya, Chennai
A: The Resident Welfare Associations must have bylaws registered with the Registrar of Societies based on which they have registered their society. Unless the bylaws are amended and the same re-registered with the Registrar, the office-bearers of the society, just on the basis of a resolution, cannot demand payment of maintenance on an annual basis. Even if there is an amendment, that can be challenged before a court of law as unreasonable. You can write to the jurisdictional registrar on this.
State can make amendments to criminal laws with consent of Prez
Q: As a layperson, I found it confusing when the Tamil Nadu government announced that it had appointed a panel to tweak the three new criminal laws, passed by the Lok Sabha and the Rajya Sabha. Won’t it lead to confusion across various states of the nation, if multiple changes are made in various sections of those laws which mainly aim to replace the outdated Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act? What happens in cases involving inter-state crimes? Won’t it lead to chaos? Do the states have the right to amend such criminal laws passed by the Parliament of India?
N Packianathan, Mylapore, Chennai
A: Criminal law is a subject coming under the concurrent list of Schedule VII of the Constitution. Therefore, both the State and the Centre can make laws. If there is already a central law on the subject, then the State can make amendments with the consent of the President of India, which means the central cabinet. There are numerous state amendments to both IPC and Cr.PC already. For example, in Uttar Pradesh CrPC there is no provision for Anticipatory Bail. Since the jurisdiction of criminal courts is decided on the basis of the place of occurrence, there is no likelihood of any confusion.
