(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. ( I) 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 officebearer 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 Byelaws, 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.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 17 (CHTR. 8, 1934 SAKA)
CHAPTER VIII ELECTIONS
39. ( I) 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 Col legium.
(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 bonafides 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 subsection (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 Elec tions and settlement of disputes.
Settlement of disputes arising from election of Collegium or Governing Body and its officebearers.
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 Body, without requirement of a Collegium, any challenge to the list of members of the General Body shall be settled by the District Registrar in the same manner, as specified above.
(10) Where the elections of the Governing Body are not held by the due date, for whatsoever reasons, the District Registrar may constitute an adhoc Committee or appoint an Administrator to manage the affairs of the Society, immediately upon the expiry of the due date, for the intervening period and for conducting the elections of the Governing Body.
(11) A Society may approach the District Registrar for appointment of the returning officer and/or an observer for conducting the elections of the Collegium or the Governing Body, as the case may be, whereupon the District Registrar shall order the appointment of the returning officer and/or an observer within seven working days of the receipt of such request from the Governing Body or the adhoc Committee or the Administrator, as the case may be.
(12) The returning officer appointed by the District Registrar shall ensure a minimum notice of fifteen days to all the members, served individually where possible, or though a public notice, at the expense of the Society, for the information of the members.
(13) The returning officer and/or the observer, wherever appointed, shall complete the process of elections, and submit a report thereof to the District Registrar, whereupon the duly elected Governing Body shall be placed in charge of the affairs of the Society and the appointment of any adhoc Committee or the Administrator shall cease to continue forthwith.
(14) The District Registrar may fix the remuneration or honorarium for the person appointed as the Administrator, the returning officer, the observer or member of adhoc Committee in the manner and at the rates prescribed from time to time.
40. ( I ) The Registrar, on a reference made to him by the District Registrar or by at least one-fourth of the members of the General Body or the Collegium, as the case may be, hear and decide in a summary manner any doubt or dispute in respect of the election or continuance in office of any elected member or office bearer to the Collegium or Governing Body, as the case may be, and may pass such orders in respect thereof, as he deems appropriate:
Provided that the election of any or all the members of the Collegium or the office -bearers of the Governing Body shall be set aside where the Registrar is
(i) that any corrupt practice has been committed by such officebearer (s); or that the nomination of any candidate has been improperly rejected; or
(di) that the result of the election, in so far as it concerns such office -bearer, has been materially affected by the improper acceptance of any nomination or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or does not comply with the provisions of any Bye-law.
A person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or through any other person--
(i) HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 19 (CHTR. 8, 1934 SAKA) induces or attempts to induce, by fraud, intentional misrepresentation, coercion or threat of injury to any elector to give or to refrain from giving a vote in favour of any candidate, or any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election;
(ii) with a view to inducing any elector to give or to refrain from giving a vote in favour of any candidate, or to induce any person to stand or not to stand as, or to withdraw or not to withdraw from being a candidate at the election, offers or gives any money, or valuable consideration, or any place or employment, or holds out any promise of individual advantage or profit to any person;
(iii) abets the doing of any of the acts specified in clauses (i) and 00;
(iv) induces or attempts to induce a candidate or elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure;
(v) canvasses on grounds of caste, community, sect or religion;
(vi) commits such other practice as the Government may prescribe to be a corrupt practice.
Explanation promise of individual advantage or profit to a person includes a promise for the benefit of the person himself, or for anyone in whom he is interested.
(2) The Government may, prescribe the procedure for hearing and deciding of doubts or disputes in respect of such elections and make provision in respect of any other matter relating to such elections, for which insufficient provision exists in the Act or in the rules framed thereunder.
Acquis i tion o f moveab le and immovab le property.
Property how vested.
Terms of g if t.
Restr ictions on the sale o r tranfer of immovab le property 20 HARYANA GOVT. GAZ. (EXTRA.), MAR 28, 2012 (CHTR. 8, 1934 SAKA)
(3) Where by an order made under sub -section (1), an election to the Collegium or the Governing Body is set aside or an office -bearer is held no longer entitled to continue in office or where the Registrar is satisfied that any election of office -bearer of a Society has not been held within the time and in accordance with the Bye-laws, he may cause a meeting of the General Body or Collegium, as the case may be, convened for electing such office -bearer or office -bearers, and such meeting shall be presided over and conducted by the District Registrar or by any officer authorized by the Registrar in this behalf, and the provisions of the Bye-laws relating to meetings and elections shall apply to such meeting and election with necessary modifications.
(4) Where a meeting of the General Body or the Collegium, as the case may be, is convened on the orders of the Registrar under sub -section (3), no other meeting shall be called for the purpose of election by any other authority or by any person claiming to be an office -bearer of the Society.
CHAPTER IX PROPERTY AND FUNDS OF THE SOCIETIES
41. A Society registered under the Act may acquire movable or immovable property, on free -hold or lease basis, from out of its funds or donations or grants or loans obtained from legal sources in accordance with its Bye-laws in its name.
42. All property, movable and immovable, belonging to a Society, whether acquired before or after its registration, if not vested in the trustees, shall vest in the Society, and any such property may be referred to as the property of such Society in any legal proceedings:
Provided that in case a Society is registered for the purposes of 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 property may vest in the members or their successor -in -interest who have contributed for acquisition of such property.
43. Where a Society accepts a gift or donation of money or property of any other kind from any person or institution for a specific purpose, it shall use the money or such property gifted or donated or any part thereof only for the purpose for which it has been so gifted or donated and for no other purpose.
44. ( I) A Society registered under the Act shall be competent to sell, transfer or alienate any of its immovable properties subject to the following: -
(a) in case the immoveable property is acquired from the Government or any of its instrumentalities or a municipal body or gram panchayat or any other such authority, with the prior written permission of the Government;
(b) in case the immoveable property is acquired by means of a conditional gift or conditional donation from any source. in HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 21 (CHTR. 8, 1934 SAKA) accordance with such conditions subject to the prior permission of donor or his authorised representative, and in case the donor is not alive and has left no such authorised representative, with the prior permission of the Registrar;
(c) any other immoveable property acquired by the Society from out of its own resources or funds or borrowings, with the prior permission of the General Body or the Collegium, as the case may be, through a special resolution.
(2) The Governing Body shall determine the reserve price of any such immoveable asset, which shall not be less than the applicable Collector rates, before its disposal, so as to ensure that it is not sold or transferred at an undervalued consideration.
(3) The proceeds from the transfer or sale of any immoveable property of the Society, wherever conducted in accordance with the provisions contained in this section, shall be immediately deposited in the account of the Society.
(4) Where any office bearer of the Governing Body indulge in violation of the provisions contained in sub -sections (1), (2) and (3) above, the District Registrar shall be competent to take any or all of the following actions,-
(i) where the amount of consideration is not deposited in the account of the Society within three working days, direct such office bearer to pay interest out of his own pocket at the rate of twenty four percent for the period it remained in his possession but such period shall in no case be more than thirty days;
where the immoveable asset has been sold or transferred at an undervalued price, recover the difference assessed on the basis of Collector rates from the erring office bearer and deposit the same in the Society's account;
where the immoveable asset has been disposed of without the permission as required under sub -section (1) or without complying with the conditions applicable, recover the amount, alongWith any additional amount as assessed on the basis of Collector rates, from the concerned office bearer and deposit the same with the allotting authority;
(5) Where the recovery of any amount is involved from any person in the course of enforcement of sub -section (4) above, and the persons concerned do not deposit the said amount within the period allowed, the District Registrar shall be competent to recover such amount as arrears of land revenue.
(6) In addition to the action under sub -sections (4) and (5) above and depending upon the gravity of the violation, the District Registrar may also recommend to the Registrar for,--- Inves tment o f Funds.
App l ication o f funds .
22 HARYANA GOVT. GAZ. (EXTRA.), MAR. 28, 2012 (CHTR. 8, 1934 SAKA) (0 removal of any erring person from the office and debarring such person from holding any position in future or removal from membership of the Society;
00 super -session of the Governing Body and appointment of an Administrator for managing the affairs of the Society; and
(iii) registration of an FIR.
(7) The Registrar shall take appropriate action on the recommendations of the District Registrar within a period of fifteen working days of the receipt of information.
(8) Nothing under this section shall absolve the office -bearer from criminal action.
45. Every Society, to such extent, and under such conditions, as may be permitted under its Bye-laws, from time to time, invest or deposit any portion of its funds not immediately required,- (0
(iii)
(iv) in immoveable properties; or in securities o f the Government or in National Savings Certificates or other securities of the Government of India;
in the Post Office Savings Banks Account; or in a special account opened by the Society for the purpose in a-
(a) Scheduled Bank as authorized or notified by the Reserve Bank of India; or
(b) Cooperative Bank situated in the State, or in such other mode of investment, as may be prescribed.