The Haryana Registration and Regulation of Societies Act, 2012

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HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 1
(CHTR. 8, 1934 SAKA)
PART I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 28th March, 2012
No. Leg. 3/2012. The following Act of the Legislature of the S tate of
Haryana received the assent of the Governor of Haryana on the 26th March, 2012,
and is hereby published for general information :
HARYANA ACT NO. 1 OF 2012
THE HARYANA REGISTRATION AND REGULATION OF
SOCIETIES ACT, 2012
AN
ACT
to consolidate the law relating to the registration and regulation of Societies
in the State of Haryana, promoting art, fine arts, charity, craft, culture,
education, literature, philosophy, political education, r eligion, spor ts, science,
any public or charitable purpose and for matters connected therewith or
incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-third
Year of the Republic of India as follows :
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the Haryana Registration and Regulation
of Societies Act, 2012.
(2) It shall extend to the State of Haryana.
(3) It shall come into force on such date, as the Government may, by
notification, in the Official Gazette, appoint and different dates may be appointed for
different provisions of this Act.
2. In this Act, unless the context otherwise requires,
(i) Act means the Haryana Registration and Regulation of Societies
Act, 2012.;
(ii) Bye-laws means the Bye-laws of a Society ;
(iii) Collegium means an intermediate body consisting of elected
representatives of members of a Society and required to be
constituted in cases where the number of members exceeds three
hundred;
(iv) defunct Society means a Society which is not carrying on any
business or operation or has not filed its annual or other returns
with the District Registrar continuously for a period, as may be
prescribed;
Short title,
extent and
commencement.
Definitions.
2 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
(v) due date means and refers to the date on which the term of a
Collegium or Governing Body of a Society expires and by which
the elections of the successor body should be completed;
(vi) District means a revenue district notified by the Revenue
Department under the Registration Act, 1908 (XVI of 1908);
(vii) District Registrar means an officer appointed under section 3 of
the Act;
(viii) document means and includes register of members, books of
accounts, returns, annual returns, other statutory registers,
summons, notice, requisition, order, other legal processes, whether
issued or kept in pursuance of this or any other Act or otherwise;
(ix) elected member means a member of a Society who is duly elected
to the Collegium or as an office-bearer of the Governing Body;
(x) financial year means the period commencing from the 1st day of
the month of April of a year and ending with the 31st day of the
month of March of the following year;
(xi) General Body means the body of all members of a Society;
(xii) Governing Body means the Executive Committee, Managing
Committee or any other committee constituted or elected by the
members of the General Body or Collegium, as the case may be,
and responsible for the management of day-to-day affairs of the
Society;
(xiii) Government means the Government of the State of Haryana;
(xiv) major means a person of twenty one years of age or above;
(xv) member means a person who fulfils the eligibility criteria for
becoming a member of a Society, as specified in the Act and has
been admitted as a member of the Society in accordance with its
Bye-laws;
(xvi) Memorandum means the Memorandum of Association of a
Society as originally framed and as amended, from time to time, in
accordance with the provisions of the Act;
(xvii) office bearer means and includes the President, Vice-President,
Secretary, Joint Secretary, Manager, Treasurer or any other member
of the Governing Body empowered under the Bye-laws to give
directions in regard to the conduct of the business of the Society;
(xviii) prescribed means prescribed under the rules;
(xix) public notice means a notice published in at least two
newspapers largely circulating in the area, of which one shall be in
vernacular and copy of which is also displayed on the notice board
of the office of the District Registrar;
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 3
(CHTR. 8, 1934 SAKA)
(xx) Registrar means the Registrar of Societies appointed under
section 3 of the Act;
(xxi) Registrar General means the Registrar General appointed by the
Government under section 3 of the Act;
(xxii) Rules means the rules made under the Act;
(xxiii) Society means a Society duly registered or deemed to be
registered under the provisions of the Act and includes a S tate
Aided Society;
(xxiv) special resolution means a resolution passed in a meeting of the
General Body or the Collegium, as the case may be, in which at
least forty per cent of the members entitled to vote are present and
the resolution is approved by three-fifth of the members so present
and voting.
(xxv) State means the State of Haryana;
(xxvi) State Aided Society means a Society which is in receipt of any
recurring grant or financial aid from the Government or a local
body or any of its entities to manage its facilities or institutions
established in accordance with the objectives set out in its
Memorandum or its Bye-laws and shall include a Society where
any one or more of its institution is receiving aid.
CHAPTER II
OFFICERS OF THE SOCIETY
3. (1) The Government may , by order , appoint a member of Indian
Administrative Services as the Registrar General, who shall exercise such powers
and perform such duties and functions, as are conferred upon him by or under
the Act.
(2) The Registrar General may, by order, appoint a Class-I officer of
the Government as Registrar and other officers of the Government not below the
rank of Class-II as Additional Registrar or Joint Registrar to assist the Registrar in
the discharge of his functions and empower them to exercise such powers and
perform such duties and functions, as may be assigned to them, from time to time.
(3) The Registrar General, may further appoint District Registrars not
below the rank of Class-II in the Government, to exercise the powers and discharge
such functions and duties, as assigned to them under the Act, in respect of the
territorial jurisdiction of one or more districts. He may also appoint certain officers
as Deputy District Registrars or Assistant District Registrars not below the rank of
Class-II of the Government as per relevant service rules or terms of employment and
empower them to exercise such duties and functions, as may be assigned to them,
from time to time.
Registrar
General, other
officers and their
powers.
4 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
(4) The officers appointed under this section shall exercise powers,
discharge duties and perform functions under the overall administrative control and
superintendence of the Government.
4. Every officer exercising or authorized to exercise powers under the Act
or the rules made thereunder shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).
5. No suit, prosecution or other legal proceedings shall lie against the
Registrar General or any officer or official subordinate to him or acting under his
authority, in respect of anything done by or purporting to have been done by him in
good faith under the Act.
CHAPTER III
AIMS AND OBJECTS OF SOCIETY
6. Any seven or more persons associated for any of the purposes
mentioned hereunder, may, by subscribing their names to a Memorandum and filing
the same with the District Registrar, form themselves into a Society. The aims and
objects, for which a Society may be formed are,-
(i) promotion of charity or any philanthropic activity;
(ii) promotion of arts, education, science, literature, philosophy ,
religion, industries, skill development, fine arts, etc.;
(iii) promotion of sports (excluding games of chance);
(iv) promotion of folk arts;
(v) promotion of artefacts and handicrafts;
(vi) instruction and diffusion of any useful knowledge;
(vii) diffusion of political education;
(viii) establishment or maintenance of libraries or reading rooms for
general public use, or of public museums and galleries of painting
and other works of art;
(ix) promotion of conservation and proper use of natural resources
such as land, water , forests and wildlife, and optimal use of
infrastructure facilities like roads, power, eco-friendly initiatives
and such other resources and infrastructure facilities, as may be
notified by the Government, from time to time;
(x) formation of associations of flats or tenement or condominium or
floor space owners pursuant to the requirements as laid down
under the Haryana Apartment Ownership Act, 1983 (Act 10 of
1983) or a welfare organization formed for housing projects or a
resident welfare organization for the operation, management and
maintenance of facilities for the residents or civic amenities of any
defined area;
Registrar General
and other officers
to be public
servants.
Indemnity for
acts done in
good faith.
Aims and objects.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 5
(CHTR. 8, 1934 SAKA)
(xi) the collection of natural history , mechanical and philosophical
inventions, instruments or designs etc.; and
(xii) implementation and promotion of any Government sponsored
schemes in the State:
Provided that no Society shall be registered under the Act
unless it prohibits the payment of any dividend or distribution of
any assets, income or profits to its members or their dependents or
legal heirs except where a Society has been formed or established
by the contributions of share holders or members in the nature of
a housing Society or a welfare association of flats or tenement or
floor space owners pursuant to the requirements laid down under
the Haryana Apartment Ownership Act, 1983 (Act 10 of 1983) or a
resident welfare association for the operation, management and
maintenance of facilities for the residents or civic amenities of any
defined area.
CHAPTER IV
REGISTRATION OF SOCIETY
7. (1) No Society shall be registered with a name which contravenes the
provisions of the Emblems and Names (Prevention of the Improper use) Act, 1950
(Central Act 12 of 1950).
(2) Except with the previous approval of the Government in writing,
no Society shall be registered by a name which contains any of the following words,
namely: -
(i) Co-operative or Land Development;
(ii) Reserve Bank;
(iii) Union or State or National or International or
Universal or any word expressing or implying the sanction,
approval or patronage of the Central Government or any State
Government; and
(iv) Municipal or Chartered or any word which suggests or
is calculated to suggest connection with any municipality or
other local authority.
(3) No Society shall be registered in the State under a name which is
identical with or too nearly resembles the name of any other Society or any body
corporate which has been previously registered under the Act or incorporated under
any other law for the time being in force, as the case may be, except where the
Society in existence is in the course of being dissolved and signifies in writing its
consent to registration of such name.
Societies not to be
registered with
undesirable name.
6 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
8. (1) An application shall be filed in the prescribed proforma for getting
approval of the name of the Society in accordance with the prescribed procedure.
(2) After approval of the name, an application for registration of the
Society shall be filed with the District Registrar, in whose jurisdiction the registered
office of the Society is situated, alongwith the Memorandum and the Bye-laws
prepared in accordance with the provisions of the Act and containing all such
particulars, as may be prescribed.
(3) The Memorandum shall be signed by at least seven members who
shall be major and they shall add their address, description and occupation, if any,
in the presence of at least two witnesses who shall also be major and who shall
append their signatures and add their address, description and occupation, if any .
The Bye-laws shall also be signed by the signatories to the Memorandum.
9. (1) After scrutiny of the documents presented before the District
Registrar, if he is satisfied that the applicant has complied with all the provisions of
the Act and the rules as to registration, he shall enter the particulars of the Society
registered, in a register maintained by him in physical or electronic form and issue
a certificate of registration in the form and manner, as prescribed.
(2) If the District Registrar refuses to register a Society, he shall state
the reasons therefor and communicate the same to the applicants.
(3) Every Society registered by the District Registrar shall be assigned
a distinct registration number.
(4) Every existing Society shall apply in the prescribed proforma to the
District Registrar for obtaining a new registration number within a period of one
year or such further period, as may be notified by the Government. If the new
number is not applied within one year then number shall be applied alongwith fee,
as may be prescribed, within a period of six months and if the Society fails to move
an application for new number within such extended period, the registration may be
cancelled.
10. (1) A certificate of registration issued by the District Registrar shall
be conclusive evidence that the Society therein mentioned is duly registered unless
proved otherwise.
(2) Every Society registered under the Act shall prominently display
its name alongwith registration number outside its registered office or any other
place where it is carrying on its business or operations, and shall have a seal with its
name engraved thereon. The Societys name, registration number and its registered
office shall be mentioned in all documents executed in its favour or on its behalf.
11. (1) Every Society shall have a registered office situated at any place
in the district in which it is registered, to which all communications and notices shall
be addressed.
(2) Information about every change in the address of the Society
Approval of
name and
application for
registration.
Registration.
Evidence of
registration.
Registered
office.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 7
(CHTR. 8, 1934 SAKA)
shall be given by the Society to the office of the District Registrar within thirty days
of its registration or the date of the change, as the case may be, who shall record the
same in the certificate of registration and the register of societies.
(3) Any change of the registered office of a Society to a place outside
the district in which it is registered, shall be intimated to both the District Registrars.
12. (1) A Society may change its name after getting the proposed new
name approved from the District Registrar in the manner prescribed. After approval
of name, the person authorised by the Society shall submit an application for change
of name alongwith the prescribed fee and a copy of the special resolution to the
District Registrar.
(2) The District Registrar shall register the change in the name of the
Society by entering the new name in the register in place of the former one and issue
a fresh certificate of registration, comprising the old, as well as the changed name,
with necessary alternations embodied therein. The change of name shall be valid
only upon issue of such a certificate.
13. (1) If a Society is registered under a name which, in the opinion of the
Registrar, is identical with or too nearly resembles the name of any other Society or
a body corporate which, having been previously registered or incorporated under
the Act or any other law for the time being in force, or being deemed to have been
registered under the Act continues to exist, he may , by order made in this behalf
direct such Society to change its name and amend its Memorandum within such
period as the Registrar may allow.
(2) Where a change in name is directed by the Registrar, the Society
which was registered first may be allowed to retain the name and those registered
subsequently shall be required to change their names within such period, as may be
specified by the Registrar.
(3) A change of name shall not affect the rights and liabilities of the
Society or any legal proceedings by or against it.
CHAPTER V
MEMBERSHIP
14. A Society shall consist of a minimum seven members at the time of its
registration and it may admit persons as founder-members, life-members, ordinary-
members, associate-members, tenure-members or honorary members, in accordance
with the provisions contained in its Bye-laws. A donation shall not create a right in
the donor to be admitted as a member of the Society.
15. A Society may prescribe different fees for different types of membership
in its Bye-laws, alongwith annual subscription fee and the member shall enjoy such
type of membership, as long as, he is not in arrears of payment of any such fee or
annual subscription for the period, as may be prescribed.
Change in the
name.
Change in name
on the direction
of Registrar.
Minimum
number of
members and
types of
members.
Different fees for
different types of
members.
8 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
16. A person shall be eligible to become a member of Society, if he,
(i) is 21 years of age on the date of admission;
(ii) subscribes to the aims and objects of the Society;
(iii) has deposited the membership fee as prescribed in the Bye-laws
of the Society; and
(iv) is not an insolvent or of unsound mind or have not been convicted
of an offence involving moral turpitude, punishable with
imprisonment of one year or more.
17. Every person admitted as a member shall be issued an identity card by
the Society containing the photograph and particulars, as may be prescribed.
18. (1) Every Society shall maintain a register of its members at its registered
office and shall enter therein the particulars of admission or removal of member
within fifteen days of the admission or removal or the cessation of any membership,
as the case may be, in the prescribed manner.
(2) A copy of the register of members maintained by the Society, if not
filed at the time of registration, shall be filed with the District Registrar within sixty
days from the date of registration.
(3) The Society shall file an updated list of members, separately
showing the inclusions and deletions, if any , every year within a period of sixty
days of the close of the financial year in the office of the District Registrar in
physical or electronic mode, as may be prescribed.
(4) While filing the updated list of members, the authorised officer of
the Society shall certify that such inclusions or deletions are as per the provisions
of the Act, rules and the Bye-laws.
19. The register of members shall be kept open at the registered office of
the Society and remain accessible to any officer of the office of District Registrar,
Registrar, Registrar General or any member of the Society during the business
hours.
20. (1) Every member shall subscribe to and be bound by the Bye-laws as
amended, from time to time and registered with the District Registrar.
(2) Every person admitted as a member on the date of notification of
elections, subject to his not being in arrears of membership fees or annual
subscription, for a period as may be prescribed, shall have the right to exercise his
vote in person.
(3) Every member shall have the right to inspect the books of accounts,
books containing the minutes of proceedings of meetings on any working day
during business hours after giving reasonable notice.
Eligibility
conditions for
becoming a
member.
Identity Card.
Register of
Members.
Inspection.
Rights and
obligations of
members.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 9
(CHTR. 8, 1934 SAKA)
21. (1) Where any member claims to have been admitted as a member but
not included in the register of members or any member is aggrieved with his removal
from the membership of the Society , such person may submit a petition to the
District Registrar alongwith prescribed fee.
(2) The District Registrar may require such person to support his
petition with such documentary or other evidence, as may be considered appropriate.
(3) Upon receipt of any such petition, the District Registrar shall
consider the matter and settle the disputes in accordance with the Bye-laws after
giving opportunity of hearing to all concerned.
(4) Where the Bye-laws are observed to be silent or lack clarity for
addressing the dispute or are inconsistent with the provisions of the Act and the
rules made thereunder, the District Registrar shall decide the matter in accordance
with the provisions contained in the Act or the rules made thereunder.
(5) Where the Society has large number of members and it is considered
expedient to verify, determine and establish the identity and genuineness of such
members, the District Registrar may require all members of the Society to appear
before him in person alongwith an acceptable proof of identity and address, as
recorded in the register of members, within such time and in such manner, as may be
prescribed.
(6) Where action is taken in accordance with sub-section (5) above
and certain members do not appear before him inspite of two opportunities granted,
the District Registrar shall be competent to strike off the names of such members
from the register.
22. A member admitted to a Society shall cease to be so in the following
events,
(i) upon submission and acceptance of his resignation; or
(ii) if he ceases to fulfil the eligibility condition for being admitted as
a member as mentioned under section 16; or
(iii) upon his failure to pay membership fee or annual subscription fee
continuously for a period, as may be prescribed; or
(iv) upon the death of a member:
Provided that in case of a Society registered for the purposes
pursuant to the Haryana Apartment Ownership Act, 1983 (Act 10
of 1983), a housing Society or a resident welfare association
registered as a Society for the operation, management and
maintenance of facilities for the residents or civic amenities of any
defined area, the nominee or the legal heir shall be enrolled as a
member subject to fulfillment of qualifications as laid down in the
Bye-laws and the provisions of the Act.
Settlement of
membership
disputes.
Cessation of
membership.
10 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
23. A partnership firm, whether registered or not, or a body corporate of
whatever description, shall not be eligible to be a member of a Society:
Provided that there shall not be any bar for a partner as defined in
section 4 of the Indian Partnership Act, 1932 (Central Act 9 of 1932) or a member or
share holder of a body corporate to become a member in his individual capacity.
CHAPTER VI
MEMORANDUM AND BYE-LAWS OF SOCIETY
24. The Memorandum shall state,-
(i) the name of the Society;
(ii) the aims and objects of the Society;
(iii) the names, addresses and occupations of the members of the first
Governing Body to whom the management of its affairs is
entrusted under the Bye-laws;and
(iv) the place and the district in which the registered office of the
Society is situated.
25. The Bye-laws shall generally conform to the model Bye-laws as
prescribed and shall contain provisions in respect of the following matters,
(i) identity which includes name and address of the Society;
(ii) aims and objects of the Society;
(iii) provisions regulating the membership of the Society i.e. eligibility,
admission, kinds of membership, membership fee, subscription
fee, resignation, withdrawal and termination etc.;
(iv) the composition of the General Body , its powers functions,
periodicity of its meetings, quorum, period of notice for meetings,
manner of voting, record of proceedings etc.;
(v) principles of formation of electoral colleges, constitution of
Collegium, manner and mode of election for a member of the
Collegium, resignation, removal, the term of office of the member,
powers, functions, procedure and periodicity of holding the
meetings of the Collegium, quorum, period of notice for meetings,
manner of voting, record of proceedings etc.;
(vi) composition of Governing Body, the manner and mode of election
or appointment, resignation or removal, the term of office of the
office bearers, its powers, functions and duties, procedure and
periodicity of holding the meetings, quorum, period of notice for
meetings and manner of voting, record of proceedings etc.;
(vii) procedure for amendment in the Bye-laws;
Firm barred from
being member.
Memorandum.
Bye-laws.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 11
(CHTR. 8, 1934 SAKA)
(viii) procedure regarding amalgamation, division and dissolution;
(ix) sources of finance including the types of funds to be raised,
maintenance of accounts, inspection of accounts and its audit,
appointment of auditor, liability of member for discharge of debts
etc.;
(x) provisions regarding the safe custody of the property or assets of
the Society, particularly mentioning the manner of keeping or
investing any money of the Society; and
(xi) any other matter relating to the af fairs of the Society, as may be
required.
26. (1) A Society may, by a special resolution, amend the provisions of its
Memorandum with respect to,
(i) change in the name of Society; or
(ii) change in the aims and objects of the Society, as permissible
under the Act.
(2) A Society may amend its Bye-laws by a special resolution.
(3) Any special resolution passed under sub-section (1) or (2) shall
be filed with the District Registrar within thirty days from the date of approval
thereof and the District Registrar may, if he is satisfied that the same is in accordance
with the provisions of the Act and the rules, register such change. Any such change
shall have no effect until it has been so registered.
(4) If the District Registrar refuses to register a change in the
Memorandum or the Bye-laws under sub-section (3), he shall communicate the
reasons therefor in writing within a period of sixty days of filing of the special
resolution by the Society, and the special resolution passed by the Society in that
case shall have no effect. If the District Registrar fails to communicate the reasons
within sixty days, the special resolution shall be deemed to have been registered by
him.
27. (1) Notwithstanding anything contained in the Act or the rules made
thereunder, if the Registrar , on a report from the District Registrar or otherwise,
considers that an amendment of the Memorandum or Bye-laws is necessary or
desirable to bring the same in conformity with the provisions of the Act or rules
made thereunder, he may, by an order in writing, direct the Society to make such
amendment within such time, as may be specified, in such order.
(2) The Governing Body shall place such directions before the General
Body or the Collegium, as the case may be, for its consideration and approval within
forty five days of the receipt of such directions.
(3) If the Society fails to make any such amendment within specified
time, the Registrar, after giving the Society an opportunity to state its objections,
Amendment of
Memorandum
and Bye-laws.
Powers of the
Registrar to direct
amendment in
Memorandum or
Bye-laws.
12 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
if any, register such amendment to the Memorandum or the Bye-laws, as the case
may be, and send a certified copy thereof to the Society . Such amendment to the
Memorandum or Bye-laws, as the case may be, shall be final and binding on the
Society and its members.
28. Every Society shall, on demand, deliver a copy of its Memorandum and
the Bye-laws to a member at the time of admission.
CHAPTER VII
GENERAL BODY, COLLEGIUM AND GOVERNING BODY
29. (1) The total number of persons admitted as members of a Society in
accordance with the provisions of the Act shall constitute its General Body.
(2) Every Society shall prescribe in its Bye-laws the composition of
its General Body, its powers, functions and duties, the periodicity of and the quorum
for the meetings, the manner of recording of its proceedings and all other matters
relating to the affairs of the General Body.
(3) The quorum for the meeting of the General Body shall not be less
than forty percent of the total members entitled to vote and present in person
subject to a minimum of four members.
(4) Every member shall have one vote and shall cast his vote in person.
30. (1) A Society consisting of more than three hundred members, unless
it is divided into two or more Societies or opts to re-determine and revise its
membership in accordance with clause (ii) of sub-section (1) of section 32 and sub-
section (2) of section 51, shall constitute a Collegium consisting of not less than
twenty one and not more than three hundred members in accordance with its Bye-
laws. The status of a Collegium in this case shall be the same in all respects as that
of the General Body of a Society comprising of not more than three hundred members.
(2) The tenure of the Collegium shall not exceed three years and the
members elected to the Collegium shall, in turn, elect the Governing Body.
(3) The Society shall file the list of the elected members of the Collegium
with the District Registrar within a period of fifteen days of holding the elections for
the Collegium in the manner, as prescribed.
31. (1) An annual general meeting of the General Body or the Collegium,
as the case may be, may be held as and when required. However , at least one
meeting of the General Body or the Collegium, as the case may be, shall be held in
every financial year in which the annual accounts of the Society, duly audited, shall
be placed before the members for adoption.
(2) A clear notice of fourteen days of every meeting shall be given to
the members of the General Body or the Collegium, as the case may be, before the
date appointed for the meeting. A copy of such notice alongwith the business to be
transacted during the general meeting shall also be endorsed to the District Registrar.
Supply of copy
of Memorandum
and Bye-laws.
General Body.
Collegium.
Meetings of
General Body or
Collegium.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 13
(CHTR. 8, 1934 SAKA)
(3) The notice shall specify the date, time, place and the object of the
meeting and in case any agenda item requiring a special resolution is proposed to be
considered in such meeting, the notice shall contain a copy each of such agenda.
(4) The District Registrar may nominate an officer subordinate to him
or an independent observer to be present at such general meeting.
(5) In addition to the annual general meeting, an extra-ordinary meeting
of the General Body or the Collegium, as the case may be, may be convened, at any
time, after giving due notice to all the members.
(6) The Governing Body shall convene an extra-ordinary meeting of
the General Body or the Collegium, as the case may be, within forty-five days of
receipt of a written requisition from at least one-tenth of the members of General
Body or the Collegium, as the case may be, for convening such a meeting. The
notice requisitioning the general meeting shall contain the reasons for such meeting
alongwith the proposed agenda.
(7) A clear notice of fourteen days shall be given for the extra-ordinary
meeting of the General Body or the Collegium, as the case may be, to all the members
specifying therein the date, time, place and the business to be transacted at such
meeting. A copy of the notice for an extra-ordinary general meeting shall also be
endorsed to the District Registrar, who may nominate an officer subordinate to him
or an independent observer to remain present during such meeting.
(8) In case the Governing Body fails to convene a meeting of the
General Body or the Collegium, as the case may be, upon such requisition under
sub-section (6) above, the District Registrar may , direct the Governing Body to
convene such meeting, within such period as directed.
(9) The Governing Body shall furnish a copy of the proceedings of
the meeting of the General Body or the Collegium, as the case may be, convened
under sub-section (6) above, duly countersigned by the subordinate officer or
observer, if deputed for such meeting, to the District Registrar within a period of
thirty days. Wherever such subordinate officer or the observer validates the
proceedings of the meeting, the District Registrar shall take the same on record.
(10) No extra-ordinary general meeting shall be deemed to have been
duly convened, if the members of the General Body or Collegium, as the case may
be, have not been given the requisite notice.
32. (1) Where a Society, registered prior to the coming into force of the
Act, consists of more than three hundred members, it shall convene a meeting of its
members to consider and resolve through a special resolution at least six months
before the due date for election of Governing Body,-
(i) to continue with the present number of members; or
(ii) re-determine the number of members of the General Body by
prescription of a revised criteria, including membership fee
and annual subscription or special additional charges:
Constitution of
the General
Body/ Collegium
of existing
Societies.
14 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
Provided that in case the number of members opting
for any such revised criterion exceeds three hundred, the
membership may be decided by draw of lots.
(2) Where the term of Governing Body is expiring before the expiry of
six months from the commencement of the Act, it shall be deemed to have been
extended up to six months from the date of commencement of the Act and the
Society shall take action according to clause (i) or (ii) above.
(3) Where the membership of a Society exceeds three hundred, the
Governing Body shall prepare a scheme of determination of the electoral colleges in
accordance with the principles, as may be prescribed, for holding elections to the
Collegium and place the same for consideration of its members as a special resolution
with consequential amendment to its Bye-laws.
(4) Where a Society resolves to approve a scheme under sub-section
(2) above, the Governing Body shall submit the resolution to the District Registrar
for his approval.
(5) The District Registrar shall examine the scheme received under
sub-section (3) above and ,
(i) approve the same and take it on record, if found to be in
accordance with the principles as prescribed ; or
(ii) suggest such modification, as he may consider necessary ,
and the Society shall reconsider and revise the scheme
accordingly.
(6) Where an existing Society does not have a duly elected Governing
Body in position and the affairs of the Society are being managed either through an
adhoc body or through an Administrator appointed by the Government in this
behalf,-
(i) such adhoc body or the Administrator shall take steps to
hold the elections of the Governing Body, if its membership is
within the specified numbers;
(ii) prepare and submit a scheme for determination of the electoral
colleges and constitution of a Collegium or determination of
the number of members under sub-section (1) above, to the
District Registrar, who shall examine the same and cause a
meeting of the members of the Society convened and place
the same for consideration of the proposed scheme, with or
without any modifications.
(7) Where the members of the Society resolve to approve the scheme
prepared under clause (ii) of sub-section (6) above, with or without any modification,
the District Registrar shall take the same on record and approve the same. Thereafter,
the Bye-laws of the Society shall be deemed to be modified to that extent .
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 15
(CHTR. 8, 1934 SAKA)
(8) Where it is not found feasible by the adhoc body or the
Administrator to convene a meeting of the members or the number of members
attending such meeting does not represent the quorum, the adhoc body or the
Administrator, as the case may be, shall submit a scheme prepared under clause (ii)
of sub-section (6) above, to the District Registrar, who shall forward the same to the
Registrar with his recommendations and the Registrar shall approve the scheme
with or without any modifications.
(9) The scheme, as approved by the Registrar, shall be notified to the
general public through a public notice, at the expense of the Society.
(10) The adhoc body or the Administrator, as the case may be, shall
take steps for the constitution of the Collegium in the first instance, to be followed
by the election of the Governing Body.
(11) All proceedings under this section shall be conducted in a
summary manner.
33. (1) The members of the General Body or the Collegium, as the case
may be, shall elect the Governing Body (by whatever name called), consisting of not
less than three and not exceeding 21 members. The office-bearers shall comprise of
the President, Secretary and Treasurer as a minimum, and other office-bearers, as
prescribed under the Bye-laws.
(2) The Society shall file the list of the elected office-bearers with the
District Registrar within a period of thirty days of holding of the elections for the
Governing Body in the manner, as prescribed.
(3) The tenure of the Governing Body shall not exceed three years.
The matters pertaining to re-election of any office-bearer shall be regulated in
accordance with the Bye-laws.
(4) Every Society shall maintain a register showing the names,
addresses and occupation of the persons appointed or elected as office-bearers
and shall file with the District Registrar, -
(i) a copy of the register within a period of thirty days from the
date of appointment or election of the office-bearers;
(ii) a notice of every change in the office-bearer within a period
of thirty days, from the date of such change; and
(iii) the details of the office-bearers alongwith the annual return
in the manner, as prescribed under the rules.
(5) The constitution of the Governing Body, appointed or elected for
the first time or thereafter, shall be valid only upon approval thereof by the District
Registrar and its tenure shall commence from the date of its approval.
34. (1) The Bye-laws shall contain provisions for its office-bearers, namely,
the President, Vice-President, Secretary, Joint Secretary, Treasurer etc. and specify
Governing Body.
Office-bearers,
their powers,
functions and
duties.
16 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
their powers, functions and duties, singly or jointly with other members of the
Governing Body.
(2) The office-bearers shall exercise their powers strictly in accordance
with the provisions contained in the Bye-laws and any powers exercised in excess
of the authorisation under the Bye-laws shall render such decisions non-est.
35. A person shall be disqualified from continuing as an office-bearer as
soon as he ceases to be a member of the Society.
36. (1) Meetings of the Governing Body may be held as and when required.
However, the Governing Body shall meet once every quarter and hold at least four
meetings in a financial year.
(2) A clear notice of three days of every such meeting shall be given
by the Secretary of the Governing Body to the office bearers before the date
appointed for the meeting. However, the Governing Body may meet at shorter notice,
wherever so required, with the consent of at least fifty percent of its members.
37. (1) The Society shall maintain record of the minutes of proceedings of
every meeting of the General Body or Collegium, as the case may be, and every
meeting of its Governing Body in the proceedings books separately maintained for
this purpose. Such minutes shall be signed by the Chairman and the Secretary of the
meeting.
(2) In case the minutes of the meeting are not signed by the Chairman
for any reasons, whatsoever, the Governing Body may authorize any of the office-
bearer to sign such minutes.
(3) The minutes of every meeting of the Governing Body or the General
Body or Collegium, as the case may be, shall be placed for confirmation in the
succeeding meeting of such body.
(4) Any resolution passed by the Governing Body or the General
Body or Collegium, as the case may be, during any of its meetings, which is not
consistent with the provisions of the Act or the rules framed thereunder or the Bye-
laws, shall be invalid.
(5) No act or proceedings of a Society or any of its office bearer shall
be deemed to be invalid merely on the ground of any vacancy or defect in the
organisation of the Society
38. Every Society shall supply a copy of the balance-sheet or a statement
of accounts together with the auditor's report to every member of the General Body
or the Collegium, as the case may be, alongwith the notice of the annual general
meeting, unless these documents have been placed on the website of the Society .
Disqualification
of office bearer.
Meetings of
Governing Body.
Record of
proceedings of
meetings of
General Body or
Collegium and
the Governing
Body.
Notice to
accompany
copies of
balance sheet
and auditors
report etc.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 17
(CHTR. 8, 1934 SAKA)
CHAPTER VIII
ELECTIONS
39. (1) Elections shall be first held for the constitution of the Collegium
from within the electoral colleges determined therefor , wherever applicable, and
thereafter for the Governing Body by the Collegium.
(2) The process of elections of the Collegium of a Society shall be
commenced, in so far as possible, three months prior to the due date so that the
newly elected Governing Body is in place on or before the due date.
(3) On the day the elections of a Society are notified, the Governing
Body or the adhoc body or the Administrator, as the case may be, shall publish the
list of members entitled to vote. Such list of members shall be made available to a
member on demand, on payment of such fee, as may be prescribed by the Society in
its Bye-laws.
(4) Any person or group of persons, if aggrieved with the list of
members published under sub-section (3) above on account of non-inclusion or
wrongful inclusion of any member, may file a petition with the District Registrar
stating the specific grounds of challenge within a period of fifteen days of publication
of the list of members. The District Registrar may, where the number of members is
very large and for reasons to be recorded, accept the petition within an extended
period of seven days.
(5) The District Registrar may, if he has reasons to suspect the bona-
fides of any such petition, require the petitioners to deposit such amount, as
prescribed, as a surety against any abuse of sub-section (4) above. The amount
deposited by the petitioners shall be refunded forthwith if the petition succeeds but
shall be liable to be forfeited, if such petition is found to have been made without
any merits.
(6) Where a petition is filed before the District Registrar under sub-
section (4) above, the District Registrar shall, after fulfillment of the condition
specified under sub-section (5), immediately hold the election process in abeyance
and proceed to conduct an inquiry by himself or by an officer appointed by him, in
this behalf, for determining the list of eligible members.
(7) The District Registrar may, for the purpose of his inquiry, refer to
the annual return of members filed by the Governing Body in his office and consult
any or all the relevant records of the Society. The District Registrar shall enjoy all
the powers vested in him under Chapter XII of the Act for holding the inquiry. Any
such inquiry shall be conducted in the open and completed in a summary manner.
(8) Upon completion of the inquiry under sub-section (6) above, the
District Registrar shall determine the list of members eligible to vote, make it public
and set the process of election in motion. Where the initial list of members published
under sub-section (3) above is found to be defective during the inquiry, the election
Elections and
settlement of
disputes.
18 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012
(CHTR. 8, 1934 SAKA)
of the Collegium or the Governing Body, as the case may be, shall be conducted by
the District Registrar under his direct supervision and control after settling the
dispute as per the provisions of the Act.
(9) Where elections of the Governing Body are held by the members
of the General Bod

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