HARYANA REGISTRATION AND REGULATION OF SOCIETIES ACT, 2012
Haryana Act No. 1 of 2012
The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th March, 2012, and is hereby published for general information :
An Act to consolidate the law relating to the registration and regulation of Societies in the State of Haryana, promoting art, fine arts, charity, craft, culture, education, literature, philosophy, political education, religion, sports, science, any public or charitable purpose and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-third Year of the Republic of India as follows :-
(1) This Act may be called the Haryana Registration and Regulation of Societies Act, 2012.
(2) It shall extend to the State of Haryana.
(3) It shall come into force on such date, as the Government may, by notification, in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
Section 1 of the Haryana Registration and Regulation of Societies Act, 2012, primarily deals with the short title, extent, and commencement of the Act, setting the foundational scope and applicability of the legislation. It signifies the legislative intent to consolidate laws relating to the registration and regulation of societies within Haryana, replacing the earlier Societies Registration Act, 1860, in its application to Haryana.
Section 1 states:- The short title of the Act is "Haryana Registration and Regulation of Societies Act, 2012."- It extends to the entire State of Haryana.- The Act shall come into force on a date appointed by the State Government, which is usually notified separately.- It consolidates the law relating to societies, including provisions for registration, regulation, amendments, and dissolution.
# Summary in Bullet Points: Legal Comments
In conclusion, Section 1 of the Haryana Registration and Regulation of Societies Act, 2012, functions as the foundational clause setting the scope, applicability, and commencement of the legislation, establishing a modern, consolidated legal regime for societies within Haryana with clear procedural and territorial boundaries.
In this Act, unless the context otherwise requires,
(i) Act means the Haryana Registration and Regulation of Societies Act, 2012.;
(ii) Bye-laws means the Bye-laws of a Society ;
(iii) Collegium means an intermediate body consisting of elected representatives of members of a Society and required to be constituted in cases where the number of members exceeds three hundred;
(iv) defunct Society means a Society which is not carrying on any business or operation or has not filed its annual or other returns with the District Registrar continuously for a period, as may be prescribed;
(v) due date means and refers to the date on which the term of a Collegium or Governing Body of a Society expires and by which the elections of the successor body should be completed;
(vi) District means a revenue district notified by the Revenue Department under
(1) The Government may, by order, appoint a member of Indian Administrative Services as the Registrar General, who shall exercise such powers and perform such duties and functions, as are conferred upon him by or under the Act.
(2) The Registrar General may, by order, appoint a Class-I officer of the Government as Registrar and other officers of the Government not below the rank of Class-II as Additional Registrar or Joint Registrar to assist the Registrar in the discharge of his functions and empower them to exercise such powers and perform such duties and functions, as may be assigned to them, from time to time.
(3) The Registrar General, may further appoint District Registrars not below the rank of Class-II in the Government, to exercise the powers and discharge such functions and duties, as assigned to them under the Act, in respect of the territorial jurisdiction of one or more districts. He may also appoint certain of
Every officer exercising or authorized to exercise powers under the Act or the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).
No suit, prosecution or other legal proceedings shall lie against the Registrar General or any officer or official subordinate to him or acting under his authority, in respect of anything done by or purporting to have been done by him in good faith under the Act.
Chapter III of the Haryana Registration and Regulation of Societies Act, 2012 (hereinafter "the Act") deals with the Aims and Objects of Society. This chapter establishes the foundational purposes for which a society may be registered under the Act, providing the legal framework for the legitimate formation and operation of societies in the State of Haryana. The Act consolidates the law relating to registration and regulation of societies promoting art, fine arts, charity, craft, and other specified purposes.
Chapter III (specifically Section 6) provides that any seven or more persons associated for any of the purposes mentioned under the Act may, by subscribing their names to a memorandum of association, form a society that shall be registered under the Act. The purposes include promotion of art, fine arts, charity, craft, and other lawful objectives specified in the Act.
Chapter III itself does not prescribe specific punishments. However, the Act provides for penalties in other chapters:- Non-filing of returns/documents: Penalties as per Chapter XV of the Act [Source: ]- Show cause notice may be issued under Section 56(1) of the Act for violations [Source: ]- Failure to comply with registration and regulation requirements may attract penalties under subsequent provisions of the Act
Society Formation - Any seven or more persons associated for purposes including art, fine arts, charity, and craft may form a society by subscribing to a memorandum of association - [Source: ]
Registration Mandate - Every existing society must apply to the District Registrar for allotment of a new registration number in Form-VI, indicating the mandatory re-registration process under the Act - [Source: ]
Governing Body Term - The maximum term of the Governing Body of a society is three years as per Section 33(3) of the Act, establishing temporal limits on leadership tenure - [Source: ]
Dispute Resolution - The Act provides for summary settlement of membership and election-related disputes, which traditionally take long time in courts - [Source: ]
Scope Limitation - The Association shall not act beyond the scope of its objects without suitably amending the provisions of its bye-laws, reinforcing the principle of ultra vires - [Source: ]
Certificate of Registration - Form-III provides the "Certificate of Registration to be issued under Section 9(1)" of the Act, confirming the registration process - [Source: ]
Property Alienation - A society registered under the Act is competent to sell, transfer, or alienate immovable properties subject to specific conditions under Section 44 - [Source: ]
Large Society Governance - A society with more than 300 members must either be divided into two or more societies or opt to re-determine and revise its membership structure - [Source: ]
Annual Return Obligation - Every society must file an annual return of updated list of office-bearers/members of the Governing Body with the District Registrar - [Source: ]
Model Bye-laws Compliance - Societies must ensure strict compliance with the provisions of the Act and rules made thereunder, as reflected in model bye-laws - [Source: ]
Fee Payment Mechanism - Prescribed fees shall be payable through a Treasury Receipt, establishing the financial compliance mechanism - [Source: ]
Re-registration Time Extension - The Haryana Cabinet has extended the time limit for existing societies to obtain new registration numbers, indicating administrative flexibility - [Source: ]
Regulatory Hierarchy - Registration and regulation is carried out through the Registrar General, State Registrar, and District Registrars - [Source: ]
Collegium Requirement - For societies with 1000 or more members (amended from 300), a collegium must be formed - [Source: ]
Amendment Facilitation - The Haryana Registration and Regulation of Societies (Amendment) Rules, 2024 facilitates the re-registration process - [Source: ]
Show Cause Mechanism - After issuance of show cause notice under Section 56(1), a hearing is provided before any adverse action - [Source: ]
Membership Threshold - The Act contains provisions regarding membership thresholds and their implications for governance structure - [Source: ]
Extent of Application - The Act extends to the whole of the State of Haryana, establishing its territorial jurisdiction - [Source: ]
Summary Dispute Settlement - The Act provides for summary settlement of disputes under the Act and rules, aiming for expeditious resolution - [Source: ]
Bye-law Compliance - The governing body is responsible for achieving the aims and objects of the society and shall work in the best interest of the society under the Act - [Source: ]
Any seven or more persons associated for any of the purposes mentioned hereunder, may, by subscribing their names to a Memorandum and filing the same with the District Registrar, form themselves into a Society. The aims and objects, for which a Society may be formed are,-
(i) promotion of charity or any philanthropic activity;
(ii) promotion of arts, education, science, literature, philosophy, religion, industries, skill development, fine arts, etc.;
(iii) promotion of sports (excluding games of chance);
(iv) promotion of folk arts;
(v) promotion of artefacts and handicrafts;
(vi) instruction and diffusion of any useful knowledge;
(vii) diffusion of political education;
(viii) establishment or maintenance of libraries or reading rooms for general public use, or of public museums and galleries o
(1) No Society shall be registered with a name which contravenes the provisions of the Emblems and Names (Prevention of the Improper use) Act, 1950 (Central Act 12 of 1950).
(2) Except with the previous approval of the Government in writing, no Society shall be registered by a name which contains any of the following words, namely: -
(i) Co-operative or Land Development;
(ii) Reserve Bank;
(iii) Union or State or National or International or Universal or any word expressing or implying the sanction, approval or patronage of the Central Government or any State Government; and
(iv) Municipal or Chartered or any word which suggests or is calculated to suggest connection with any municipality or other local authority.
(3) No Society shall be registered in the State under a name which is identical with or too nearly resembles the name of any
(1) An application shall be filed in the prescribed proforma for getting approval of the name of the Society in accordance with the prescribed procedure.
(2) After approval of the name, an application for registration of the Society shall be filed with the District Registrar, in whose jurisdiction the registered office of the Society is situated, alongwith the Memorandum and the Bye-laws prepared in accordance with the provisions of the Act and containing all such particulars, as may be prescribed.
(3) The Memorandum shall be signed by at least seven members who shall be major and they shall add their address, description and occupation, if any, in the presence of at least two witnesses who shall also be major and who shall append their signatures and add their address, description and occupation, if any. The Bye-laws shall also be signed by the signatories to the Memorandum.
(1) After scrutiny of the documents presented before the District Registrar, if he is satisfied that the applicant has complied with all the provisions of the Act and the rules as to registration, he shall enter the particulars of the Society registered, in a register maintained by him in physical or electronic form and issue a certificate of registration in the form and manner, as prescribed.
(2) If the District Registrar refuses to register a Society, he shall state the reasons therefor and communicate the same to the applicants.
(3) Every Society registered by the District Registrar shall be assigned a distinct registration number.
(4) Every existing Society shall apply in the prescribed proforma to the District Registrar for obtaining a new registration number within a period of one year or such further period, as may be notified by the Government. If the new number is not applied within one year t
(1) A certificate of registration issued by the District Registrar shall be conclusive evidence that the Society therein mentioned is duly registered unless proved otherwise.
(2) Every Society registered under the Act shall prominently display its name alongwith registration number outside its registered office or any other place where it is carrying on its business or operations, and shall have a seal with its name engraved thereon. The Societys name, registration number and its registered office shall be mentioned in all documents executed in its favour or on its behalf.
(1) Every Society shall have a registered office situated at any place in the district in which it is registered, to which all communications and notices shall be addressed.
(2) Information about every change in the address of the Society shall be given by the Society to the office of the District Registrar within thirty days of its registration or the date of the change, as the case may be, who shall record the same in the certificate of registration and the register of societies.
(3) Any change of the registered office of a Society to a place outside the district in which it is registered, shall be intimated to both the District Registrars.
(1) A Society may change its name after getting the proposed new name approved from the District Registrar in the manner prescribed. After approval of name, the person authorised by the Society shall submit an application for change of name alongwith the prescribed fee and a copy of the special resolution to the District Registrar.
(2) The District Registrar shall register the change in the name of the Society by entering the new name in the register in place of the former one and issue a fresh certificate of registration, comprising the old, as well as the changed name, with necessary alternations embodied therein. The change of name shall be valid only upon issue of such a certificate.
(1) If a Society is registered under a name which, in the opinion of the Registrar, is identical with or too nearly resembles the name of any other Society or a body corporate which, having been previously registered or incorporated under the Act or any other law for the time being in force, or being deemed to have been registered under the Act continues to exist, he may, by order made in this behalf direct such Society to change its name and amend its Memorandum within such period as the Registrar may allow.
(2) Where a change in name is directed by the Registrar, the Society which was registered first may be allowed to retain the name and those registered subsequently shall be required to change their names within such period, as may be specified by the Registrar.
(3) A change of name shall not affect the rights and liabilities of the Society or any legal proceedings by or against it.
A Society shall consist of a minimum seven members at the time of its registration and it may admit persons as founder-members, life-members, ordinarymembers, associate-members, tenure-members or honorary members, in accordance with the provisions contained in its Bye-laws. A donation shall not create a right in the donor to be admitted as a member of the Society.
A Society may prescribe different fees for different types of membership in its Bye-laws, alongwith annual subscription fee and the member shall enjoy such type of membership, as long as, he is not in arrears of payment of any such fee or annual subscription for the period, as may be prescribed.
A person shall be eligible to become a member of Society, if he,
(i) is 21 years of age on the date of admission;
(ii) subscribes to the aims and objects of the Society;
(iii) has deposited the membership fee as prescribed in the Bye-laws of the Society; and
(iv) is not an insolvent or of unsound mind or have not been convicted of an offence involving moral turpitude, punishable with imprisonment of one year or more.
Section 16 of the Haryana Registration and Regulation of Societies Act, 2012, prescribes the eligibility criteria for becoming a member of a society registered under the Act. It aims to regulate the composition of societies, ensuring proper membership standards and preventing misuse of the registration process. The section aligns with the broader objectives of the Act to promote transparency, accountability, and lawful functioning of societies.
Section 16 lays down the conditions and eligibility requirements for a person to become a member of a society. It specifies that a person must fulfill certain criteria, such as age, capacity, and adherence to the society’s rules, to qualify for membership. The section also empowers the society’s governing body to admit members and to prescribe further qualifications or disqualifications, subject to the provisions of the Act.
While Section 16 itself primarily deals with eligibility, violations such as admitting ineligible members or falsification of membership records can attract penalties under the Act. Penalties may include fines, cancellation of registration, or criminal sanctions if fraudulent practices are involved, as per provisions elsewhere in the Act or related laws.
Section 16 plays a pivotal role in maintaining the integrity and legality of society memberships under the Haryana Act. It ensures that only eligible persons are admitted, thereby safeguarding the society’s objectives and legal standing. Proper adherence to the eligibility criteria, transparent procedures, and compliance with statutory provisions are essential to prevent disputes and legal penalties.
Legal Comments Summary
This concise legal commentary synthesizes the provisions, scope, essential ingredients, and judicial interpretations related to Section 16 of the Haryana Registration and Regulation of Societies Act, 2012, with references from authoritative sources and case law.
Every person admitted as a member shall be issued an identity card by the Society containing the photograph and particulars, as may be prescribed.
(1) Every Society shall maintain a register of its members at its registered office and shall enter therein the particulars of admission or removal of member within fifteen days of the admission or removal or the cessation of any membership, as the case may be, in the prescribed manner.
(2) A copy of the register of members maintained by the Society, if not filed at the time of registration, shall be filed with the District Registrar within sixty days from the date of registration.
(3) The Society shall file an updated list of members, separately showing the inclusions and deletions, if any, every year within a period of sixty days of the close of the financial year in the office of the District Registrar in physical or electronic mode, as may be prescribed.
(4) While filing the updated list of members, the authorised officer of the Society shall certify that such inclusions or deletions are as per the
The register of members shall be kept open at the registered office of the Society and remain accessible to any officer of the office of District Registrar, Registrar, Registrar General or any member of the Society during the business hours.
(1) Every member shall subscribe to and be bound by the Bye-laws as amended, from time to time and registered with the District Registrar.
(2) Every person admitted as a member on the date of notification of elections, subject to his not being in arrears of membership fees or annual subscription, for a period as may be prescribed, shall have the right to exercise his vote in person.
(3) Every member shall have the right to inspect the books of accounts, books containing the minutes of proceedings of meetings on any working day during business hours after giving reasonable notice.
(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 t
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 a
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.
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.
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 t
(1) A Society may, by a special resolution, amend the provisions of its Memorandum with respect to,
(i) change in the name of Society; or
(ii) change in the aims and objects of the Society, as permissible under the Act.
(2) A Society may amend its Bye-laws by a special resolution.
(3) Any special resolution passed under sub-section (1) or (2) shall be filed with the District Registrar within thirty days from the date of approval thereof and the District Registrar may, if he is satisfied that the same is in accordance with the provisions of the Act and the rules, register such change. Any such change shall have no effect until it has been so registered.
(4) If the District Registrar refuses to register a change in the Memorandum or the Bye-laws under sub-section (3), he shall communicate the reasons therefor in writing within a period of sixty days of filing o
(1) Notwithstanding anything contained in the Act or the rules made thereunder, if the Registrar, on a report from the District Registrar or otherwise, considers that an amendment of the Memorandum or Bye-laws is necessary or desirable to bring the same in conformity with the provisions of the Act or rules made thereunder, he may, by an order in writing, direct the Society to make such amendment within such time, as may be specified, in such order.
(2) The Governing Body shall place such directions before the General Body or the Collegium, as the case may be, for its consideration and approval within forty five days of the receipt of such directions.
(3) If the Society fails to make any such amendment within specified time, the Registrar, after giving the Society an opportunity to state its objections, if any, register such amendment to the Memorandum or the Bye-laws, as the case may be, and send a certified copy thereof to
Every Society shall, on demand, deliver a copy of its Memorandum and the Bye-laws to a member at the time of admission.
(1) The total number of persons admitted as members of a Society in accordance with the provisions of the Act shall constitute its General Body.
(2) Every Society shall prescribe in its Bye-laws the composition of its General Body, its powers, functions and duties, the periodicity of and the quorum for the meetings, the manner of recording of its proceedings and all other matters relating to the affairs of the General Body.
(3) The quorum for the meeting of the General Body shall not be less than forty percent of the total members entitled to vote and present in person subject to a minimum of four members.
(4) Every member shall have one vote and shall cast his vote in person.
(1) A Society consisting of more than three hundred members, unless it is divided into two or more Societies or opts to re-determine and revise its membership in accordance with clause (ii) of sub-section (1) of section 32 and subsection (2) of section 51, shall constitute a Collegium consisting of not less than twenty one and not more than three hundred members in accordance with its Byelaws. The status of a Collegium in this case shall be the same in all respects as that of the General Body of a Society comprising of not more than three hundred members.
(2) The tenure of the Collegium shall not exceed three years and the members elected to the Collegium shall, in turn, elect the Governing Body.
(3) The Society shall file the list of the elected members of the Collegium with the District Registrar within a period of fifteen days of holding the elections for the Collegium in the manner, as prescribed.
(1) An annual general meeting of the General Body or the Collegium, as the case may be, may be held as and when required. However, at least one meeting of the General Body or the Collegium, as the case may be, shall be held in every financial year in which the annual accounts of the Society, duly audited, shall be placed before the members for adoption.
(2) A clear notice of fourteen days of every meeting shall be given to the members of the General Body or the Collegium, as the case may be, before the date appointed for the meeting. A copy of such notice alongwith the business to be transacted during the general meeting shall also be endorsed to the District Registrar.
(3) The notice shall specify the date, time, place and the object of the meeting and in case any agenda item requiring a special resolution is proposed to be considered in such meeting, the notice shall contain a copy each of such agenda.
(1) Where a Society, registered prior to the coming into force of the Act, consists of more than three hundred members, it shall convene a meeting of its members to consider and resolve through a special resolution at least six months before the due date for election of Governing Body,-
(i) to continue with the present number of members; or
(ii) re-determine the number of members of the General Body by prescription of a revised criteria, including membership fee and annual subscription or special additional charges:
Provided that in case the number of members opting for any such revised criterion exceeds three hundred, the membership may be decided by draw of lots.
(2) Where the term of Governing Body is expiring before the expiry of six months from the commencement of the Act, it shall be deemed to have been extended up to six months from the date of commencement of the Act and t
(1) The members of the General Body or the Collegium, as the case may be, shall elect the Governing Body (by whatever name called), consisting of not less than three and not exceeding 21 members. The office-bearers shall comprise of the President, Secretary and Treasurer as a minimum, and other office-bearers, as prescribed under the Bye-laws.
(2) The Society shall file the list of the elected office-bearers with the District Registrar within a period of thirty days of holding of the elections for the Governing Body in the manner, as prescribed.
(3) The tenure of the Governing Body shall not exceed three years. The matters pertaining to re-election of any office-bearer shall be regulated in accordance with the Bye-laws.
(4) Every Society shall maintain a register showing the names, addresses and occupation of the persons appointed or elected as office-bearers and shall file with the District Registrar,
(1) The Bye-laws shall contain provisions for its office-bearers, namely, the President, Vice-President, Secretary, Joint Secretary, Treasurer etc. and specify their powers, functions and duties, singly or jointly with other members of the Governing Body.
(2) The office-bearers shall exercise their powers strictly in accordance with the provisions contained in the Bye-laws and any powers exercised in excess of the authorisation under the Bye-laws shall render such decisions non-est.
A person shall be disqualified from continuing as an office-bearer as soon as he ceases to be a member of the Society.
(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.
(1) 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,
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.
(1) 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 Collegium.
(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
(1) 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 satisfied,
(i) that any corrupt practice has been committed by such office-bearer (s); or
(ii) that the nomination of any candidate has been improperly rejected; or
(iii) that the result of the election, in so far as it concerns such office-bearer, has been materially affected by the imprope
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.
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.
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.
(1) 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 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 ma
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,-
(i) in immoveable properties; or
(ii) in securities of the Government or in National Savings Certificates or other securities of the Government of India;
(iii) in the Post Office Savings Banks Account; or
(iv) 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.
(1) A Society shall have the powers to spend such sums out of its funds, as it thinks fit, for the purposes authorised under its Bye-laws or by the Act.
(2) No payment shall be made out of the funds to the President, Vice- President, Secretary, Treasurer or any other office bearer by way of honorarium or remuneration :
Provided that incurring of any expenditure on the Boarding/ Lodging and TA/DA of the office bearers while on tour in connection with the affairs of the Society, shall be permissible following the prudent financial norms. (3) Notwithstanding the restrictions prescribed above, a Society may pay such remuneration, salary or honorarium to the persons in its full-time or part-time employment, as it may determine:
Provided that no member shall be in the employment of the Society.
(1) Every Society shall keep proper books of accounts i.e. cash book, ledger etc. as required by Income Tax laws or the books as per standards laid down by the Institute of Chartered Accountants, at its head office or as may be prescribed with respect to,-
(i) all sums of money received and expended by the Society; and
(ii) the assets and liabilities of the Society.
(2) The books of accounts shall be open to inspection during the business hours by the Registrar General, Registrar, District Registrar or any officer authorised by them.
(1) Every Society shall get its annual accounts audited from an auditor who is a member of the Institute of Chartered Accountants of India, constituted under the Chartered Accountants Act, 1949 (Central Act 38 of 1949).
(2) The auditor shall not be a member of the Governing Body or family member of any of the office bearer.
The accounts, returns and registers shall be verified and signed by at least two office-bearers, authorised by the Governing Body.
(1) Every Society shall file the following returns, in the prescribed form, with the District Registrar within thirty days of holding the annual general meeting,-
(i) a list of the members duly certified by the President and the Secretary, as on the 31st March of the year, separately showing the deletions and additions during the previous year;
(ii) a list of the members of the Collegium duly certified by the President and the Secretary, alongwith the list of electoral colleges as on the 31st March of the year, separately showing the deletions and additions during the previous year;
(iii) a list of the office-bearers alongwith their names, addresses and occupations separately showing the deletions and additions during the previous year, if any;
(iv) an annual report on the working of the Society by the Governing Body duly certified by the President and Secretary;
(1) Any two or more Societies, after passing special resolutions for amalgamating with each other, shall move an application alongwith copies of resolutions, in the prescribed form for obtaining approval of the Registrar and after getting the approval, shall amalgamate together as one Society.
(2) Any Society, after passing special resolution for division of a Society, shall move an application in the prescribed form alongwith copy of resolution, for obtaining approval of the Registrar and after getting the approval, shall stand divided. The resolution shall contain proposals for the division of the assets and liabilities of the Society among the new Societies, relationship of the parent Society with the divided societies, if any, and may specify the areas of operation of and the members who may constitute each of the new Societies:
Provided that before division, the Society shall settle all the claims and liabilities or di
(1) The Registrar General, Registrar or District Registrar may, by written order, require any Society to furnish in writing such information or document or explanation as prescribed in the order within such time, not being less than two weeks from the date of receipt of such order.
(2) On receipt of the order, it shall be the duty of the Society to furnish such information or documents or explanation.
(1) Where the Registrar General, Registrar or District Registrar is satisfied that,-
(i) the records, registers or the books of accounts are likely to be tampered with or destroyed and the funds and the property are likely to be misappropriated or misapplied; or
(ii) the Governing Body is reconstituted at a general meeting and the outgoing members of the Governing Body refused, to hand-over charge of the records and property of the Society to those entitled to receive such charge; or
(iii) the office bearer, where the elections of the Governing Body have not been held by the due date, are likely to misuse such documents, funds, records or are reluctant to hand over the records to an adhoc Committee or the Administrator appointed for managing the affairs of the Society as an interim measure, he may issue an order directing a person duly authorised by him in writing to seize and take possession of such d
(1) Where on the information received or gathered under section 52 or on the application of a majority of the office bearers or on the application of not less than one-third of the members of the General Body or Collegium, as the case may be, or, if so moved by the District Collector or the State Government, the Registrar General, Registrar or District registrar is of opinion that there is apprehension that the affairs of a Society are being so conducted as to defeat the aims and objects of the Society or its Governing Body is guilty of mismanaging its affairs or of any breach of fiduciary or other like obligations or to defraud its creditors, he may, either himself or by any person authorized by him in that behalf, hold an inquiry into the affairs of the Society.
(2) An application or reference to the Registrar General, Registrar or District Registrar under sub-section (1) shall be supported by such evidence, as he may require for the purpose o
The Registrar shall consider the inquiry report alongwith the recommendations of the District Registrar, if any, and take any of the following steps,
(i) where no irregularities, whatsoever, of procedural or material nature, are found to have been committed by the Governing Body, he shall order closure of the inquiry alongwith information thereof to the Society and complainants, if any; or
(ii) where the irregularities or violations committed by the Society are found to be of procedural nature, which are rectifiable, he shall direct the Society to take recourse to such corrective measures within such time, as he may direct:
Provided that where a Society fails to carry out the directions, the Registrar shall forward the matter to the Registrar General alongwith his recommendations for appropriate action against the Society; or
(iii) where the irregularities or violations committed
(1) On receipt of report or recommendations of the Registrar, if the Registrar General is of the opinion that a case is made out for supersession of the Governing Body, he shall issue a show cause notice of the action proposed to be taken in this regard and consider the response of the Society, and grant an opportunity of hearing, if so requested.
(2) The Registrar General, after considering the reply, shall pass an order and may appoint an Administrator to manage the affairs of the Society with such directions as deemed appropriate. The orders passed by the Registrar General in this behalf shall be final and absolute.
(3) The Administrator shall be a Class-I officer or of equivalent rank in the Service of the Government or any statutory authority or such person who may have retired from a ClassI or equivalent position from the State or the Central Government or a statutory authority.
(4) Where a retir
(1) The District Registrar, in case he has reasonable cause to believe that a Society is defunct and is not carrying on business or operations, shall issue a show cause notice to such Society, at its registered office enquiring as to whether it is carrying on its business or operations and directing them to file such documents or returns, within a period of ninety days, from the date of issue of notice.
(2) Where the defunct Society responds to such notice within specified period and submits the requisite documents or informs alongwith evidence that it is carrying on business or operations, the District Registrar shall, after due verification of records, pass an appropriate order.
(3) If the District Registrar receives a reply from the defunct Society to the effect that it is not carrying on any business or operations, he may direct the Society to convene a meeting of its General Body and pass a special resolution for its d
A Society, which has no assets or liabilities to its account and is not desirous of carrying on with its business or operations, may, after passing a special resolution, apply for cancellation of its registration to the District Registrar and the District Registrar shall, after giving a public notice of not less than ninety days inviting objections, strike out its name from the register of Societies, after considering objections, if any.
(1) The Registrar may, if he is satisfied,
(i) that the Society has contravened any of the provisions of the Act or the rules made thereunder; or
(ii) that the Society is insolvent, or must necessarily become so; or
(iii) that the business of any such Society is conducted fraudulently or not in accordance with its Bye-laws or the aims and objects specified in its Memorandum; or
(iv) that it is carrying on any unlawful activity or allowing unlawful activity to be carried on in the premises under its control, order an inquiry to be conducted by the District Registrar or any other officer authorized by him.
(2) On receipt of inquiry report, the Registrar may, give a show cause notice to the Society specifying briefly the grounds of the proposed cancellation. A public notice inviting objections shall also be published after giving an opportunity to the Society an
When the registration of a Society is cancelled, the Society shall forthwith cease to carry on its business, except in so far as it may be required for the beneficial winding-up of its affairs, for which purpose it shall pass a special resolution and dissolve itself in the manner as provided in the Act:
Provided that the liability of office bearer shall continue and may be enforced as if the registration of Society has not been cancelled.
(1) Where the registration of a Society is cancelled, the District Registrar shall,-
(i) direct the Society to complete the process of its dissolution i.e. pass a special resolution, collect all its receivables, and settle all its liabilities, provide the details of any of its assets left over after settlement of the liabilities, and submit a proposal for transfer of its left over assets to any other Society in existence with identical aims and objects;
(ii) assess the credentials of a Society to whom any such assets are proposed to be transferred by the Society under clause (i) above and may either approve such proposal or direct the Society to place such assets at the disposal of the District Collector;
(iii) constitute a committee of members of such Society to carry out the process of dissolution of the Society where there is no Governing Body or General Body to carry out the directions under (i) ab
(1) A Society may resolve to dissolve itself by passing a special resolution in a meeting of the General Body or the Collegium, as the case may be, convened for the purpose.
(2) On the passing of the special resolution under sub-section (1) above, the Governing Body shall take all necessary steps for settlement of all claims and liabilities, as it may consider appropriate in accordance with its Bye-laws and if there are no Bye-laws, in accordance with the provisions of the Act.
(3) If any dispute arises amongst the members of the Society, the Governing Body, or the special committee, as the case may be, regarding the winding up of the affairs of the Society, it shall be referred to the District Registrar for such directions, as he may consider appropriate:
Provided that the special resolution for dissolution of the Society shall not be deemed to be a matter in dispute.
(4) If the
(1) Where the registration of a Society is cancelled and it is found to be meriting dissolution under section 57 or where the Government decides to dissolve a Society under section 62, the Registrar General or the Registrar, as the case may be, shall order dissolution of such Society in accordance with the procedure specified under the relevant sections.
(2) Upon dissolution of a Society under sub-section (1) above, the Registrar General or the Registrar or the District Registrar, as the case may be, shall take action for winding-up the affairs of the dissolved Society in accordance with the provisions contained in the Act.
(1) Where any surplus assets are left after the settlement of its claims and liabilities, such assets shall not be paid to or distributed amongst the members of the Society but shall be taken over and vest in the custody of Government:
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 successor-in-interest shall step in the shoes of original member subject to fulfillment of qualifications as laid down in the Bye-laws of the Society and the provisions of the Act.
(2) The Government shall place such assets at the disposal of the District Collector, who may,-
(i) in the first instance identify any other Society in operation with identic
(1) As soon as the affairs of a Society are completely wound-up, the District Registrar or his nominee, if any, shall make up an account of the winding-up showing how the winding up has been conducted and the property of the Society has been disposed and call a General Body meeting for the purpose of placing before it the account and giving any explanation in respect thereof. On conclusion, the Society shall stand dissolved and name removed from the register.
(2) The records of accounts shall be maintained for a period of three years from the date of dissolution. In case any matter pertaining to any such Society is pending before any court, such records shall be maintained till the final disposal by the competent court.
The provisions of this Chapter shall be applicable to State Aided Society and shall have effect notwithstanding anything contrary contained in the Act or any other State law for the time being in force and any reference to the word Society in this Chapter shall mean a State Aided Society.
The Government shall have the powers to issue such directions to a State Aided Society, as may be considered expedient from time to time, with regard to the management of its affairs, membership, elections, financial management, audit and submission of documents on their working to the District Registrar or the Registrar.
(1) If, in the opinion of the Government, the Governing Body of any Society,-
(i) makes default or is negligent in the performance of duties imposed on it; or
(ii) commits acts which are prejudicial to the interests of the Society, its members or public at large; or
(iii) fails to resolve disputes with regard to the eligibility of members; or
(iv) fails to hold elections of the Governing Body; or
(v) is otherwise not functioning properly,
it may, after giving a show cause notice, direct the supersession of the Governing Body and appoint an Administrator, alongwith or without constitution of committee of persons to assist him for a period not exceeding two years in the first instance:
Provided that the period may be extended and continued at the request of Administrator but it shall not exceed five years in continuit
(1) The Government may, after giving a show cause notice and for reasons to be recorded in writing, order dissolution of a Society with effect from such date, as may be specified in the order.
(2) Where the Governing Body stands superseded under section 68 and the affairs are being managed by an Administrator appointed by the Government and the Administrator reports to the Government that it is not feasible to hold the elections of the Governing Body, for whatsoever reasons, it shall be competent for the Government, by an order and for reasons to be recorded in writing, to dissolve the Society with effect from such date as may be specified in the order.
(1) If the Government orders dissolution, it shall, after settling the liabilities, if any, of the dissolved Society, take over its assets and properties, whether movable or immovable and transfer the same to any other Society having identical or similar objects, and where there is no such Society, the property shall vest in the custody of District Collector, until a Society having identical or similar objects is formed, where after the properties shall be transferred to such Society.
(2) On the dissolution of a Society, the registration of the Society shall stand cancelled and it shall cease to exist as a body corporate.
(1) Where, in the opinion of the Government, it is necessary and in larger public interest to divide a Society or amalgamate two or more Societies, it may, by order and from a date fixed therein, direct the division or amalgamation of such Societies, as the case may be.
(2) The Government shall, before issuing an order either dividing a Society or amalgamating two or more Societies under sub-section (1) above, communicate to the Governing Body or bodies concerned the proposal to divide or to amalgamate the Societies, as the case may be, fix a reasonable time for the Governing Body or bodies for making a representation against the proposal and consider the representations, if any, received from the body or bodies.
(3) Where there is no duly elected Governing Body in place in respect of any one or more of such Societies and the affairs of any such Society are being managed by an Administrator or through any adhoc arrangement
If a Society fails to comply with any of the requirements of the Act or contravenes any of the provisions thereof, then the Society in default shall be punishable with fine, as may be prescribed, which may extend to two thousand rupees, and in case of a continuing default or contravention, with fine which may extend to one hundred rupees for every day during which the default or contravention continues.
If an office bearer or any employee of the Society knowingly or willingly makes or causes to be made any false entry in, or any omission from any register, account, balance-sheet, or other document, required to be maintained by a Society under the Act, he shall be punishable with penalty which may extend to five thousand rupees and may be removed from such position or membership of the Society forthwith.
If any office bearer knowingly or willingly makes a false return or furnishes false information or wilfully or without any reasonable reason, disobeys any summons, requisition, or other lawful order or direction issued under the provisions of the Act or withholds or fails to furnish any information lawfully required from him by the District Registrar, Registrar or Registrar General or person authorised in this behalf under the provisions of the Act, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing default or contravention, with fine which may extend to one hundred rupees for every day during which the default or contravention continues.
The District Registrar may, upon an application in writing by any Society and on sufficient cause being shown, allow further time to such Society to comply with any of the provisions of the Act on payment of such late fees, as may be prescribed:
Provided that the extended period so allowed shall not be more than the time permissible under the Act or the rules made thereunder for any such compliance.
A Society registered under the Act shall be a Body Corporate by the name under which it is registered and a common seal. The Society shall be entitled to acquire, hold and dispose of property, to enter into contracts, to institute and defend suits and other legal proceedings and to do all other things necessary in furtherance of its aims and objects, for which, it has been established.
(1) A Society may sue or be sued in the name of the President, the Secretary or any office-bearer authorised by the Governing Body in this behalf and may bring or defend any action or other legal proceedings touching or concerning any property or any rights or claims of the Society.
(2) No suit or proceedings shall abate by reason of any vacancy or change in the holder of the office of the President, the Secretary or any office-bearer authorised under sub-section (1).
Every member of a Society may, be sued or prosecuted by the Society, for any loss or damage caused to it or its property or for anything detrimental done by him against the interest of the Society.
(1) An appeal against any orders passed by the District Registrar shall lie with the Registrar and the appeal against the orders passed by the Registrar shall lie with the Registrar General. The orders passed by the Registrar General in any such appeal shall be final and no further appeal shall be competent against his orders.
(2) Where an order originates from the Registrar General, an appeal against such order shall lie before the Government.
(3) Any appeal shall be filed within a period of sixty days of the date of issue of the impugned orders. The appellate authority may entertain an appeal beyond this period up to a maximum of another sixty days on sufficient grounds for condonation of delay being shown.
(4) Every appeal shall be accompanied with the fee as prescribed.
(5) The District Registrar, Registrar or the Registrar General may suo motu or on an application received in
Save as otherwise expressly provided in the Act, 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.
(1) Any notice, order or requisition meant for a Society or for the Governing Body thereof to be issued by the District Registrar, Registrar or the Registrar General or any other person or body shall be served on the President or Secretary of the Society, and service on the President or Secretary of the Society shall be effectual as if the same had been served on every member of the Society.
(2) The notice, order or requisition to the President or Secretary of the Society shall be sent by registered post or by any other mode, the service delivery of which can be tracked, at its registered office and once dispatched, it shall be deemed to have been served upon the Society.
(1) The Government shall prescribe the fees payable for following purposes, namely:
(i) application for approval of name;
(ii) application for registration of Society;
(iii) filing or recording or registering any document required by the Act or the rules made thereunder;
(iv) inspection of documents in the custody of the Registrar;
(v) making or granting copies of any entries or documents before or after registration;
(vi) filing of appeals; and
(vii) such other matters as appear to the Government necessary to give effect to the purposes of the Act including late fees.
(2) All fees and penalties payable under the provisions of the Act, if not paid, shall be recoverable as arrears of land revenue. The amount so collected shall be credited to the consolidated fund of the State.
(1) All documents filed by a Society with the District Registrar under the Act shall be deemed to be public documents and can be accessed by any citizen under the provisions of the Right to Information Act, 2005. To that extent, every society registered under the Act shall be deemed to be a public office for the purposes of the said Act and shall be liable to supply the requisite information against the fee prescribed by the Society, if any, for that purpose.
(2) Notwithstanding the above, information relating to all other proceedings and internal processes of the working of a Society is within its exclusive jurisdiction and accessible to the members of such Society and the offices of the District Registrar and Registrar.
The Government may, as soon as possible, introduce e-governance for effective and efficient administration of the provisions of the Act, and upon implementation of such a solution, all or part of the transactions, forms, payments, and other services under the Act, may be administered in the electronic/ online mode.
The Government may, by general or special order and keeping in view special circumstances and larger public interest exempt any Society or class of Society from any of the provisions of the Act:
Provided that the exemption shall be granted only for a period of one year and which may be extended by another year only for the reasons to be recorded:
Provided further that the exemption may be granted only for a particular provision and not from the whole of the Act and except for the provision from which exemption has been granted, all other provisions shall be applicable.
The Government shall be competent to issue such directions to any Society, as may be necessary, for the proper enforcement of the provisions of the Act and the rules made thereunder.
(1) The Government may make rules for carrying out the purposes of the Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-
(i) draft Bye-laws;
(ii) conditions and procedure to be followed in making, amending and abrogating Bye-laws;
(iii) forms and documents required for the registration of Society;
(iv) Forms and Registers required to be maintained;
(v) Annual and other returns to be filed alongwith fee;
(vi) manner and verification of various forms of accounts, returns and registers;
(vii) qualifications of Administrator, members of the Committee to assist the Administrator, returning officers, observers, and of the persons authorised to hold inquiry;
(viii) procedure to be followed for dissolution of a Soci
Save as otherwise expressly provided in the Act, the provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law for the time being in force.
(1) No Civil Court shall have jurisdiction to entertain or proceed with a suit, settle, decide or deal with any matter which, under the Act, is required to be settled, decided or dealt with by an authority under the Act.
(2) No order of the Government, Registrar General, Registrar or District Registrar made under or in pursuance of the Act shall be called in question in any court.
A Society may employ officers and officials for day to day conduct of its management or operations:
Provided that no member of the Society shall be in the employment of the Society.
If any difficulty arises in giving effect to the provisions of the Act in the first three years from the date of commencement of the Act, the Government may, by order published in the Official Gazette, make such provision or give such directions not inconsistent with the provisions of the Act, as appears necessary or expedient for removing such difficulty.
(1) The Societies Registration Act, 1860, in its application to the territorial jurisdiction of the State of Haryana is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Act (including any order, rule, regulation, instructions, certificate or Bye-laws) in the exercise of any power conferred by or under the repealed Act shall be deemed to have been done or taken in the exercise of the powers conferred by corresponding provisions of the Act.
(3) Any Society registered at any place in the State of Haryana under the Societies Registration Act, 1860, shall be deemed to have been registered under the Act, and its principal office shall be deemed to be the registered office:
Provided that
(i) the Memorandum and the Bye-laws of any such Society, to the extent these are repugnant to or inconsistent with any of the provisions of the Act and t
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