Haryana registration & regulation of societies act 2012.
Subroto
(Querist) 14 March 2013
This query is : Resolved
Sir,
The Act was published in HARYANA GOVT. GAZ. (EXTRA.) on MAR. 28, 2012. The Section 1(3) of the Act says that :
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.
What does the above sentence mean? Does it mean that the Act will come into force only when the Govt. appoints a specific date in the future for its enforcement OR does it mean that the Act becomes automatically enforced on the date (28th March 2012) when the Act is published in the Official Govt. Gaz.
Ours Society is registered under the repealed Societies Registration Act, 1860 & I need to know whether it is mandatory for us to Amend our 'Byelaws & Memorandum' in accordance with the new Act OR Do we only need to Amend them according to the New Act when the New Act comes into force?
I also want to know that whenever the District Registrar of Firms and Societies asks our Society (that is running two schools) to submit our Audited Balance sheet/annual accounts, Do we have to submit the audited balance sheets of both the schools OR just the audited balance sheet concerned with the membership fee, annual subscription, loans, rent from
property/assets, interest, grants, gifts, donations, etc. received and expended by our Society. Is Income of both Schools the Income of the Society as well?
Thanks.
Kuummaar AS
(Expert) 17 March 2013
The Act has come into force on 28.3.2012. Please read Section 92 of the Act, quoted below sub-section (4) of which provides that nothing under the Act shall affect any right, privilege, obligation,liability or punishment under the repealed Act:
92. (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Societies Registration Act, 1860, in its application to the territorial jurisdiction of the State of Haryana is hereby repealed.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Bye-laws) in the exercise of any power conferred by or under the repealed Act shallbe deemed to have been done or taken in the exercise of the powers conferred by corresponding provisions of the Act.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 underthe 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, tothe extent these are repugnant to or inconsistent with any of
the provisions of the Act and the rules made there under,shall be brought in conformity with the provisions of the Act within a period of two years from the commencement of theAct or within such further period as the Government may allow, and thereafter, to the extent of such repugnancy or inconsistency, be deemed to be void and of no effect;
(ii) any officer elected or appointed to and holding officeimmediately before the commencement of the Act shallcontinue to hold such office until the expiry of his term ofoffice or until such office is lawfully terminated;
(4) Nothing under the Act shall affect any right, privilege, obligation,
liability or punishment under the repealed Act:
Provided that any investigation or proceedings, including proceedingsfor dissolution, or the supersession of the Governing Body or appointment of anAdministrator commenced before the coming into force of the Act, shall be continuedand conducted in accordance with the provisions contained in this Act.
You may act accordingly.
Subroto
(Querist) 18 March 2013
Please help me ! Is there any Commencement Notification for the above said Act till date ?
ajay sethi
(Expert) 18 March 2013
mr makkad can guide you . he is from haryna
Subroto
(Querist) 18 March 2013
Here I would like to give an example of THE HARYANA SCHOOL EDUCATION ACT, 1995 which was notified on 4th June, 1999.
The Section 1(3) of the THE HARYANA SCHOOL EDUCATION ACT, 1995 (http://schooleducationharyana.gov.in/downloads_pdf/rules/Haryana%20School%20Education%20Act,%201995.pdf) says:
It shall come into force on such date, as the State Government may, by notification, appoint and different dates may be appointed for different provisions of this Act, and any reference to the commencement of this Act in relation to any provision thereof shall be construed as a reference to the date on which that provision comes into force.
COMMENCEMENT NOTIFICATION:
1) No. S.O. 141/H.A. 12/1999/S. dated 14.12.2000-In exercise of the powers conferred by Sub-section (3) of the Section 1 of the Haryana School Education Act, 1995 (Act 12 of 1999) and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints the date of publication of this notification in the official Gazette to be the date on which provisions of Sections 8 and 24 shall come into force.
2) No. S.O. 97/H.A. 12/1999/S. dated 20.07.2001-In exercise of the powers conferred by Sub-section (3) of the Section 1 of the Haryana School Education Act, 1995 (Act 12 of 1999) and all other powers enabling him in this behalf, the Governor of Haryana hereby appoints the date of publication of this notification in the official Gazette to be the date on which provisions of all Sections of the said Act, except Section 8 and 24 (which have already come into force vide Haryana Government, Education Department, notification GSR No. 141/H.A. 12/1999/S.I./2000, dated the 14th December, 2000) shall come into force.
If you see the above Commencement Notifications don't you think the same should also apply to the Haryana registration & regulation of societies act 2012.
I know I can act according to the new Act but can I wait till the Commencement of the Society Act as the rule no. 8(1) of the Haryana Registration and Regulation of Societies Rules, 2012 says that Every existing Society shall apply to the District Registrar for allotment of a new registration number in Form-VI within a period of one year from the date of coming into force of the Act without any fee or within next six months on payment of fee setout in the Schedule of fees ?
Subroto
(Querist) 18 March 2013
(In continuation of my above post) ----
Moreover, Mr. Kumar AS has said that The Act has come into force on 28.3.2012. Now, one thing that comes into my mind is :
Suppose The Act has come into force on 28.3.2012 & being a Gen. Sec. of an existing Society I have applied to the District Registrar for obtaining a new registration number on 21.4.2012 as per Section 9(4) of The Act. After that the Haryana Registration and Regulation of Societies Rules, 2012 were published in the Official Gazette on 21.06.2012. Now, in order to abide by the rule 8(1) and other rules of The Societies Rules, 2012 do I have to again apply to the District Registrar for obtaining a new re-registration number in the prescribed Form-IV ?
[The rule 8(1) itself says that Every existing Society shall apply to the District Registrar for allotment of a new registration number in Form-VI within a period of one year from the date of coming into force of the Act......but nowhere the date of coming into force of the Act is mentioned.]
Kuummaar AS
(Expert) 18 March 2013
The date of coming into force of the Act was advised on your statement that "The Act was published in HARYANA GOVT. GAZ. (EXTRA.) on MAR. 28, 2012." Please provide a copy, if possible, of the Gazette to see what exactly has been published.
Subroto
(Querist) 18 March 2013
Thanks for your reply Mr. Kumar AS.
What I meant was The Act was pulished or notified in the Official Gazette on Mar.28, 2012 but in Section 1(3) it says that it shall come into force on such date as the Govt. may by notification, in the official gazette Appoint.....
Here is the link to the extract of The Act from the Official Gazette of Haryana Govt.:
http://haryana.gov.in/society%20rules/Socities%20Act.pdf
The Section 1(3) of the THE HARYANA SCHOOL EDUCATION ACT, 1995 also states exactly the same thing. Kindly have a look at it also. Her is the link to it:
http://schooleducationharyana.gov.in/downloads_pdf/rules/Haryana%20School%20Education%20Act,%201995.pdf
prabhakar singh
(Expert) 18 March 2013
Passing of an Act is one thing while making it enforced is another.
There are several Acts although passed but not enforced as yet.
Subroto
(Querist) 18 March 2013
The District Registrar of Firms and Societies has sent us a Notice to amend our byelaws & re-register our Society by 28 Mar. 2012. Can I ask him to show me the Commencement Notification first ?
prabhakar singh
(Expert) 18 March 2013
May be! May not?
sahi kaha hai jaiso ko taisa bhavani ko bhainsa!
THEEK HAI NAAAAAAAAAAAAAAAAAA!
Subroto
(Querist) 18 March 2013
Prabhakar Sir, is this 'jaiso ko taisa..' for me or the District Registrar?
Raj Kumar Makkad
(Expert) 18 March 2013
Mr. Author! Sorry I have read this query at very belated stage otherwise the discussion would not have gone in the direction it is going on.
The mentioned Act has been notified on 28 June 2012. All existing societies have also to get their bye-laws prepared according to new Act and have to submit it before DR up to 31 March 2013 with the following documents:
1. New Constitution -2 copies
2. Old constitution-1 copy
3. Old registration Certificate-1 copy
4. last 3 years audited balance sheet-1 copy each
4. List of Managing Committee -1 copy
5. List of Members of the Society-1 copy
6. Photocopies of cheuqes/pay order/DD received from members for annual subscription.
7. Copy of resolution authorizing to register the society.
8. Copy of challan of Rs. 500/-
If a society is not in a position to make its constitution as per new Act till 31-03/2013 then also it can do with an affidavit to get it done till 30.06..2013.
Raj Kumar Makkad
(Expert) 18 March 2013
If you have further any query on the subject, contact me.
Subroto
(Querist) 18 March 2013
Thanks Mr. Makkad for your reply.
Sir, in your reply you have said that The mentioned Act has been notified on 28 June 2012. Does it mean that the Act has been enforced or commenced on 28 June, 2012 by means of a Commencement Notification in the Official Gazette (as stated in Section 1(3) of The Act) ?
The Act itself was notified on 28 March, 2012 and the Rules thereunder were notified through the Official Gazette on 21 June, 2012 though I am not sure about any Commencement Notification in the Official Gazette regarding The Act.
Raj Kumar Makkad
(Expert) 18 March 2013
Yes. It has been enforced with effect from 28 June 2012 and not from 26 as the same was a typographic error. The Act and rules are now in full operation as already told to you.
Raj Kumar Makkad
(Expert) 18 March 2013
Had I seen this query earlier, it would have taken ugly turn and use of unwarranted words as one of the so-called expert in such things do here.
Subroto
(Querist) 19 March 2013
Thank you very very much Mr. Makkad. Now I really feel satisfied. Now only one last question & I am done (sorry sir for bugging you like this) :
I also want to know whenever the DR asks our Society (that is running two schools) to submit our Audited Balance sheet/annual accounts, Do we have to submit the audited balance sheets of both the schools OR just the audited balance sheet concerned with the membership fee, annual subscription, loans, rent from property/assets, interest, grants, gifts, donations, etc. received and expended by our Society. Is Income of both Schools the Income of the Society as well?
Raj Kumar Makkad
(Expert) 19 March 2013
I think your society might be filing annual returns independent than the schools. You are not expected to submit the returns of the schools as those are independent bodies having independent status but of the society. It shall be better to take help of your CA in this regard if society do not file separate returns.
No separate bills or challans or ledger etc. is required to be submitted.
Subroto
(Querist) 19 March 2013
Sir, our society is filing annual returns of both the schools and the CA also suggests so but I doubt it as I am of the same opinion as yours which says that the schools are independent bodies having independent status.
Subroto
(Querist) 19 March 2013
Mr. Makkad would you please give me details of the Official Gazette in which this commencement notification regarding the said Act was pulished and from where could I get it ?
Our so called society lawyer here is asking for it.
Raj Kumar Makkad
(Expert) 19 March 2013
I have a copy of the mentioned Gazette offline. If you require it, I may post it to you. Make contact to me on tomorrow during office hours.
Subroto
(Querist) 19 March 2013
Sir, can you please give me your contact information so that I can contact you.
Thanks.
Subroto
(Querist) 25 March 2013
Sir, do the existing life members of an existing society need to pay again their admission membership fee that they already paid some 10-20 years before?
Is it mandatory for us to adopt the model byelaws as such? Can I omit some of its clauses? Some so called lawyers here are saying that you have to and some say you don't.
dr g balakrishnan
(Expert) 01 February 2014
here date of publication in gazette is the commencement of Act but different sections application dates may vary dates is the import of the notification cited
