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Pratyay Sengupta (Propreitor)     01 November 2010

Registration of Society

Is it  necessary to get registered our Flat Owners' & Residents'  Association to pressorise a owner to pay his contribution which he does not pay during last one and half years? Please let me know also whether mutution is mandatory or not in the case of registration of the Association under Society Registration Act.



Learning

 2 Replies

M. A. Khan (advocate)     01 November 2010

Sir, which state ur society situated.  Because registration of society depends upon the laws applicable to states.  So far as registration under Society Registration Act is concerned,  any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of the Act, may, by subscribing their names to a memorandum of association, and filing the same with Registrar form themselves into a society under this Act.  Therefore, SRA does't specify housing activity.  Hence it will be difficult to register under SRA.

 

 

The following societies may be registered under this Act:-

Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts for instruction, the diffusion of useful knowledge, 1[the diffusion of political education], the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

Answer to ur question is that for recovery of dues, society is required to be registered, unless it has any legal entity, how it can proceed against its members.  Mutation in the land record is not mendatory for registration.

Advisable to register the society under the Local Act of state such as Mah. Co Op. Society Act, for State of Mah. etc.

Pratyay Sengupta (Propreitor)     01 November 2010

Dear Mr. Khan,

Thanks for prompt reply. Our association is situated in West Bengal. So where should we appeal for the recovery of dues maintenance charges and proportionate Municipal Tax from a flat owner who intentionally does not pay the same and taking undue advantage of law.


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