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SATYA PAL SINGH (Jt Secretary)     23 November 2016

Bye laws

Sir(s),

A  Welfare Society of apartments approved a draft of Bye Laws in its General Body Meeting and adopted from the same day. The said Society, about 6 months later got itself registered with the Registrar of the Societies submitting the mandatory/necessary documents including the standard copy of Bye Laws as available with the application form. The Registrar approved that standard copy of Bye Laws by stamping and signing on the last page.

However, the working committee of the Society continued to follow the draft Bye Laws which were approved by the General Body before registration of the Societies with the Registrar. It conducted the elections for the working committee as per the Bye Laws it adopted in its General Body.

When some members took objection that the elections were to be held as per the Bye Laws registered by the Registrar, the elected committee argued that Bye Laws adopted by the General Body are only applicable as General Body is supreme.

Kindly advise whether the Bye Laws approved by the Registrar are not effective once the Society is registered, or older Bye Laws shall continue to be in force.

Thanks & regards



Learning

 2 Replies

Kumar Doab (FIN)     23 November 2016

The Model Bye Laws are available.

Society is to frame in accordance with Model Bye Laws.

The copy acknowledged by registrar may be mere acknowledgment.

The LCI experts Mr. Hemant Agarwal, Mr. Kishore Mehta, Mr. M.V.Gupta are experts in society/such matters.

You can benefit from their counsel.

 

 

 

 

 

SATYA PAL SINGH (Jt Secretary)     24 November 2016

Thanks Sir. The point is that the Bye Laws adopted by the General Body prior to its registration is applicable when the application for registration contained the Model Bye laws and the earlier adopted Bye Laws were not submitted to the Registration Ofice.


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