(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.
Sett lement of membership disputes.
(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 Cessation of events,--- membership.
(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 regist ered as a So cie ty for th e o perat ion , m an agemen t 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.
Firm barred from being member Memorandum.
Bye-laws.
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;
the names, addresses and occupations of the members of the first Governing Body to whom the management of i ts 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
(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 composit ion 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 col leges, constitution of Collegium, manner and mode of election for a member of the Collegiwn, resignation, removal, the term of o ffice of the member, powers, functions, procedure and periodicity of holding the meetings of the Col legium, quorum, period of notice for meetings, manner of voting, record of proceedings etc.;
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;
(v0 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 I i (CHTR. 8, 1934 SAKA) (vi ii) 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 any other matter relating to the affairs of the Society, as may be required.
26. ( I ) A Society may, by a special resolution, amend the provisions of its Memorandum with respect to,--
(i) change in the name of Society; or
(8) change in the aims and objects of the Society, as permissible under the Act.
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(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.