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Registration under society act

(Querist) 23 July 2014 This query is : Resolved 
Sir, an Association has been registered under the Haryana Registration and Regulation of Societies Act, 2012 (Haryana Act No. 1 of 2012)in a residential colony in Gurgaon. It is mandatory for a resident of this colony to become member of this Association if he has got his Deed of Apartment done as per the Haryana Apartment Ownership Act, 1983. There are seven residents as Office bearers of this Association. Two office bearer of this Association do not fulfil this condition.

Can the registration of this Association under the above stated Act be challenged before the Registrar of Societies.
Hemant Agarwal (Expert) 23 July 2014
1. Membership of an Assocation or Society, is always "voluntary" and subject to payment of filling in the Association Membership Forms and payment of the membership fees. Hence the concept of mandatory holding of "Property" inside the Associations property, is not maintainable.

2. Secondly a property owner may resign from the Association's membership, and still can continue to hold his property, without any reference to the Association. This is more so since, the property belongs to the owner on "title-ownership basis" and not on membership basis.

3. ONLY a association's duly registered member can be delegated /elected as "office-bearer". IF the "office-bearer" does not hold associations membership, THEN he has to vacate the seat of the office-bearer.

4. A Association is a mutually agreeable and voluntary concept organisation and no dictatorship is possible.

Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Raj Kumar Makkad (Expert) 23 July 2014
The office-bearers can be got elected only out of the members of the association and membership is open only for the residents of the colony then how those two persons became members of the association?

If there is violation of this general rule, the membership of those office-bearers cann certainly be got challenged before District Registrar Firms and Societies Gurgaon.
ROHIT SHARMA (Expert) 24 July 2014
1. I do corroborate the explicit reply of expert Lrnd. Adv. Shri Raj Kumar Makkad.

2. File a complaint as directed.
T. Kalaiselvan, Advocate (Expert) 25 July 2014
If it is found to have been violated and are being functioning in the way and desires of few causing inconvenience to others, a case before the jurisdictional Registrar court can be filed seeking necessary relief and remedy.


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