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Section 3

The Haryana Registration and Regulation of Societies Act, 2012 (1 of 2012)State Act of Haryana · Act 1 of 2012

(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 -1 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.

Rettialtar General, o ther of f ice rs and the tr powers.

Reg istrar General and othe r o ff icers to be publ ic servants.

I ndem nity f o r acts done in good fai th.

Aims and ob jec ts 4 HARYANA GOVT. GA! . (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).

S. 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 byhim in good faith under the Act.

CHAPTER ER 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,- (0 promotion of charity or any philanthropic activity;

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;

(vi ii) 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;

promotion of conservation and proper use of natural resources such as land, water, forests and wildlife, and optimal use or 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;

HARYANA GOVT. GAL (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. (I) No Society shall be registered with a name which contravenes the Societies not to be provisions of the Emblems and Names (Prevention of the Improper use) Act, 1950 reg is tered with (Central Act l2 of 1950).

undes irab le name.

(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: - 00

(iii) "Co-operative" or "Land Development";

"Reserve Bank";

"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.

6 11ARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 (CHTR. 8, 1934 SAKA) Approval of 8. (I) An application shall be filed in the prescribed profomia for getting name and approval of the name of the Society in accordance with the prescribed procedure.

app l icat ion f o r registration. (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.

Registration. 9. ( I ) 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.

Evidence o f registration.

Registered of f ice .

10. ( I ) 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 Society's name, registration number and its registered office shall be mentioned in all documents executed in its favour or on its behalf.

11. ( I) 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 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.

Where this provision sits

ActThe Haryana Registration and Regulation of Societies Act, 2012 (1 of 2012)
Section3
JurisdictionState of Haryana
StatusIn force as published by the source

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