Haryana society act
GAURAV PRABHAKAR
(Querist) 12 December 2016
This query is : Resolved
Respected Sir's,
Our society is registered under Haryana Society Act 2012.
Few months ago, we elected new RWA.
Now after coming to power, RWA is not performing well and doing dictatorship.
Majority of residents are not happy with performance and raising the complaints too.
Under what section RWA could be dissolved?
Do we have provision in Haryana society act?
or we have to continue to suffer.
Appreciate input and guidance.
R.K Nanda
(Expert) 13 December 2016
better consult local lawyer.
Rajendra K Goyal
(Expert) 13 December 2016
Refer the bye laws of the society.
If you do not have a copy, file RTI with the Registrar of societies to provide copy.
Can discuss in detail with Registrar of societies.
Kumar Doab
(Expert) 13 December 2016
Agreed with experts.
H.M.Patnaik
(Expert) 13 December 2016
Procedure for Dissolution of Society is provided in the Bye-laws of each society which may be referred to .
However, your genuine problem is with the functioning of the present elected body, pl. refer relevant provisions of your Bye-laws which provides for Removal of office bearers in Special meeting by majority of members .
In case the Bye-laws of the Registered Society is silent on such aspect, the Society Regn. Act shall prevail.
Dr J C Vashista
(Expert) 14 December 2016
Nothing more to add, well explained by experts, I agree.
Refer bye-laws of the Society and discuss with a local lawyer.
GAURAV PRABHAKAR
(Querist) 14 December 2016
Well, Unfortunately in Bye Laws of our society. There is no mention of how the incompetent RWA could be dissolved.
Neither I see any reference of same in Haryana State Society Act 2012.
Hence asking in this forum. If they have or know any reference where in incompetent RWA is removed?
Rajendra K Goyal
(Expert) 14 December 2016
You can challenge the decision of RWA if are take against the norms.
Discuss with local lawyer dealing in society matters.
Kumar Doab
(Expert) 14 December 2016
Check with Registrar Co-OP Societies.
Since rules are found to be silent on this imp. aspect, by you.
Local counsel can certainly help.
Dr J C Vashista
(Expert) 15 December 2016
Dear Sh. Kumar Doab,
The society is not a Cooperative Society governed by State (Haryana) Cooperative Societies Act rather it an association (Residents Welfare Association) registered with Registrar of Firms & Societies (District) under the provisions of Societies Registration Act, 1885 (Central) and Haryana Societies Act, 2012(State).
Regards
@ Gaurav,
Please show the Memorandum of Association and Articles of Association adopted by your RWA to a local lawyer, it must contain the procedure to dissolve the association. Otherwise, challenge the documents (MoU an AoA) for mandatory and perpetual injunction setting them aside in the Civil Court of jurisdiction impleading Registrar as well.
Kumar Doab
(Expert) 15 December 2016
Dear DR.J.C.Vashista,
Thanks for correcting.
Kumar Doab
(Expert) 15 December 2016
Author @ GAURAV PRABHAKAR,
DR.J.C.Vashista is near to you and you can benefit from his counsel.
