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Section 21

Haryana Registration and Regulation of Societies Act, 2012State Act of Haryana · Act 3 of 2012

(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 affairs of the Society, as may be required.

Where this provision sits

ActHaryana Registration and Regulation of Societies Act, 2012
Section21
JurisdictionState of Haryana
StatusIn force as published by the source

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