Society registered under the a.p. societies act but no following the rules. remedy
Querist :
Anonymous
(Querist) 07 January 2012
This query is : Resolved
Hon'ble Experts,
In our town in A.P. there is an educational society running variou scools & colleges. The society was established by founder members who are no more and the funds were collected from abroad. Now the cosiety own properties worth crores of rupees. The office bearers including president and the secretary etc atc were involved in swindling the funds. Some of the members of the society tried to bring them to book but the so called office bearers changed bye laws over night and inducted goonda elements as new members and given them posts in the managing committee. Now the sincere members are unable to, raise their voice, no regular meetings held and the entire society affair has become the family affair of the president and his henchmen and there are no elections no audit and no rules followed. some of the members tried to file cases in district court to set right the things but the office bearers spent huge amount and the sincere members were not having funds to fight the cases so some how no rders could be passed against the erring members and the society.
Now what I want to know is whether the registrar of societies has any role to set right the administration of the society and proper elections etc. as in the case of cooperative societies?
because the sincere members cant afford to approach high court then supreme court pursuing the cases, they dont have the funds and also it would end in loss to the society because the amounts so spent in fighting cases by the office bearers is after all the society money.
Also can the other members or the general public seek information from the society under the provisions of RTI Act?
Please clarify and if possible provide the authorities of citations.
Any guidance by the LCI members more particularly from A.P. will be appreciated.
thank you sir.
Raj Kumar Makkad
(Expert) 07 January 2012
Every society has to convene its annual general meeting and its proceedings are mandatorily to be sent to registrar. Induction of new member or deletion of anyone should also be duly done as per bye-laws and its due intimation within time is required to be sent to the registrar. Even audit report is also be sent to society.
If alleged office bearers have violated any of the term of registration of society then registrar has full power to get cancel such society and prior to that can issue show cause notice and can provide opportunity of hearing.
Shonee Kapoor
(Expert) 07 January 2012
Agreed with opinion provided by Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 07 January 2012
Respected expert Mr. Raj Kumar,
What about the application of RTI act to the registered society. can we apply for any information regarding the strength , particulars of the members and details of the income and expenditure of the society under RTI Act? Is the society liable to furnish the same to us or simply can they ignore our request? If they do so whome to approach? Please guide us,.
Devajyoti Barman
(Expert) 07 January 2012
Yes it is bound to do so as the Society does come under the purview of the RTI Act.
Raj Kumar Makkad
(Expert) 08 January 2012
Recently National Information commission has ruled out that society also come within the purview of RTI Act so you may also use this facility.
Querist :
Anonymous
(Querist) 08 January 2012
Respected experts Mr. Raj Kumar & Mr.D J Barman
Whome do I have to address the RTI application? To the secretary or the President of the society or the Registrar with whome the society is registered.
You mentioned about the NIC ruling, would you please furnish the details or upload the text of the said ruling Sir.
Here my advocate says RTI Act not applicable to society even though it is registered and he further says the out siders or the general public dont have any say or any question in its way of administration. The managing body or a member of the society alone can question it. It is quite unreasonable. Should the public at large just keep watching when some of the members are looting the society which is established for some social cause and benefit of the general public? Please guide and help. I see a ray of hope in your replies.
Thank you.
prabhakar singh
(Expert) 08 January 2012
If you are not member of that society then opinion of your advocate is right.
Querist :
Anonymous
(Querist) 08 January 2012
Sir, Prabhakar Ji, of course I am not a member of the said society but the foumder members are no more and as long as they were alive the society was run in the interest of the section of the people it was created for. But now the majority of the office bearers with the connivance of the president and secretary misusing the funds of the society and illegally collecting amounts from the very people for whose benefit the society was formed with the funds supplied by the well wishers abroad. As I said there are properties worth of crores of Rupees on the name of the society and slowly some members/office bearers have joined hands resorting to all illegal practices and if any sincere member opposing he is sidelined and the majority formed by the crookes is eyeing on the property of the society. If no one intervenes it is not far off when the property of the society is sold and shared between the crooked members.
in this background we few people belonging to the section of the public for whose benefit the society was formed have come together and want to ensure that the society is run lawfully with transparency and accountability in its affairs with regular meatings of the governing body and general body and timely elections in fair manner. In fact there is no practice of calling any meeting of the governing body or the general body. No proceedings no recrding of the same and no elections of the office bearers. Only few goonda elements as henchmen of the president have a gathering in a hotel room, spend lavishly on drinks and food and call it a meeting of the governing body. Even the names of these goondas are not mentioned in the records with the registrar. They are entered as members in the loose papers available with the president. Tomorrow if any of these goondas revolt the president will show him the door as his name is not entered in the list of members with the sregistrar. Thus the president is the actual culprit and kingpin.
