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Ajay Kumar (Junior Assistant )     01 February 2021

society act, non submission of accounts and minutes to sub registrar

dear members a handful of our community members registered a society in 1967 on our community name and later in 2005 submitted to district registrar for updation of new office bearers, the registrar sought the pending annual list, office bearers list from 1967 to 2005. but the members failed to file the list and kept silent.
now the members registered a new society in 2014 and even this society they did not file annual returns as I obtained certified copies in 2020.

further the same members formed another new society on our community name in 2018, whose jurisdiction to entire state, now also they did not file annual list, minutes of meetings till date. neither they are conducting elections.

what are legal options to make this illegality to streamline the community society.


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 February 2021

Society registration is optional. In the rules and regulations of the Byelaw, generally, there will be a clause regarding the conduct of an annual general body meeting once a year in the month of xxxxxxx (month as the members decided).  And every year, they file minutes, the copy of the acknowledgement/receipt given by the Registrar shall enclose.  so first check the byelaw.  and the society fails to file minutes of the General Body, for more than 10 years, it will be deemed as defunct.  But some rules are different according to each State.  so make a complaint to the Registrar of Societies of your area/District.

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Ajay Kumar (Junior Assistant )     01 February 2021

Sir all the above 3 society bye law says that annual general body meeting to be conducted every year in month of March. And to show accounts for the previous year., This is in hyderabad south. They are intentionally not filing the annual accounts and minutes as I got certified copies of bye laws.

G.L.N. Prasad (Retired employee.)     02 February 2021

Make a written complaint to the Registrar, and follow up with him on action taken on your complaint.   You can also inform the same through online grievance process.  Wait for two months after making follow up and contact a local advocate for issuing legal notices to office bearers and drag them to court for further remedy.

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kavksatyanarayana (subregistrar/supdt.(retired))     02 February 2021

I have already said you in my reply that you shall make a complaint before the Registrar of Societies of your district.

 

Ajay Kumar (Junior Assistant )     02 February 2021

Yes sir what you said is correct. I have to raise complaint with Registrar but registrar does not have power to conduct enquiry since dispute should be decided as per sec 23 of Societies registration act in Civil Court


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