(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 subsection (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 Byelaws. 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. (I) 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 maybe, 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.
HARYANA GOVT. GAL. t1XTRA.t. MAR. 2S. 2012 I 1 iCHTR. 8. 1934 SARA;
(31 The notice shall specify the date. time, place and the ohiect of the meeting and in case any agenda item requiring a special resolution is proposed to he 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 he 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 maybe, 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. ( I) 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)
(ii) to continue with the present number of members; or 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:
Cons ti tut ion o f the General Body/ Co l leg ium of exis t ing 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 amendmentto 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 ,-- (0 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,- (0 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;
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 i t 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.
(II) Al l proceedings under this section shall be conducted in a summary manner.
33. ( I ) The members of the General Body or the Collegium, as the ease 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, 00 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. ( I) The Bye-laws shall contain provisions for its office -bearers, namely, Office -bearers, the President, Vice -President, Secretary, Joint Secretary, Treasurer etc. and specify the ir P " ers func tions and duties.
Governing Body Disqual i f ication of of f ice bearer Meetings o f Governing Body Record of proceed ings of meetings of General Body o r Co l leg ium and the Governing Body Notice to accompany copies of balance sheet and aud ito rs report e t c .
to HARYANA GOVT. GAL. (EXTRA.). MAR. 28. 2012 (CHTR. 8. 1934 SAKA) their powers. functions and duties. singly or lointiv 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.