CANCELLATION OF REGISTERED SOCIETY BY REGISTRAR OF SOCIETIES( ROS)
It is observed on perusal of Societies Registration Act 1860 (SRA), that power to cancel registration of a society, once accorded or certificate of renewal issued, on the ground that it has been obtained by misrepresentation or fraud- is available under a State Amendment carried out by State of Uttar Pradesh(U.P.) i.e. SEC 12D(1)(c). But similar power is not available to the Registrar of Societies (ROS) vis- a- vis societies registered in DELHI. WP(C) 7517/2012 of Delhi High Court.
Since SRA 1860 is a very old act, it is most respectfully submitted that a similar amendment to the act should be passed by the State of Delhi, to have uniform law, stop fraud by unscrupulous elements to register societies on false documents and stop innocent citizens falling prey to such fake societies. Please suggest actions to have this implemented through out India , but particularly in Delhi.-Col Paramjit Singh, VSM ( Retd) more
Since SRA 1860 is a very old act, it is most respectfully submitted that a similar amendment to the act should be passed by the State of Delhi, to have uniform law, stop fraud by unscrupulous elements to register societies on false documents and stop innocent citizens falling prey to such fake societies. Please suggest actions to have this implemented through out India , but particularly in Delhi.-Col Paramjit Singh, VSM ( Retd) more
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AND the Authorities supposed to govern are silent spactators, even though Complaints in writing lodged. This is the practical phonomina more
Jul 02
Factually Managing Committee is a group of Organized fraudusters to act for own benifits. more
Jul 02
But the overseeing power of societies is not there in many States.2.There technical institutes like Institution of Engineers etc.They still don't accept indian law,as they are under royal charter. more
Jun 30
Yes sir, The registrars of societies are forgetting the very purpose of sanction of a society. If a society is not providing its bye-laws or yearly financial reports, they should be called for reasons and rectify their problems to survive. Since this does not earn any money to the govt. they too did not bother to revise the good old laws governing them. more
Jul 01
Builders, Societies, seriously suffering Flat Owners SINCE REGISTRARS OF SOCIETIES TOTALLY FORGOT THEIR VESTED DUTIES like EC .
Strict Regulations are must at Public interest.. STRICT ENFORCEMENT SHALL BE THE MANDATE for all Bodies, Institutions , Policing as well as Judiciary. more
Strict Regulations are must at Public interest.. STRICT ENFORCEMENT SHALL BE THE MANDATE for all Bodies, Institutions , Policing as well as Judiciary. more
Jun 30
The registration of a Society like an RWA may not only be cancelled on the ground of fraud while registering but must also be de-registered if has stopped functioning or getting its Audit conducted or not holding it GBMs. Moreover, there should a mechanism for redressal of disputes without resorting to the civil courts as at present. Such a mechanism is there in the Delhi Cooperative Societies Act,2003 and the DCS Rules,2007. So why not in the Societies Registration Act,1860 which is a Central Act? more
Jun 30
MCS ACT 1960 makes the following provision: Section 21-A. De-registration of societies.— (1) If the Registrar is satisfied that any society is registered on misrepresentation made by applicants, or where the work of the society is completed or exhausted or the purposes for which the society has been registered are not served, he may, after giving an opportunity of being heard to the Chief Promoter, the committee and the members of the society, de-register the society : Provided that, where the number of members of the society is so large and it is not possible to ascertain the correct addresses of all such members from the records in the office of the Registrar and, in the opinion of the Registrar it is not practicable to serve a notice of hearing of each such individual member, a public notice of the proceedings of the de-registration shall be given in the prescribed manner and such notice shall be deemed to be notice to all the members of the society including the Chief Promoter and the members of the Committee of the Society, and no proceeding in respect of the de-registration of the society shall be called in question in any court merely on the ground that individual notice is not served on any such member. (2) When a society is de-registered under the provisions of subsection (1), the Registrar may, notwithstanding anything contained in this Act or any other law for the time being in force, make such incidental and consequential orders including appointment of Official Assignee as the circumstances may require. (3) Subject to the rules made under this Act, the Official Assignee shall realize the assets and liquidate the liabilities within a period of one year from the date he takes over the charge of property, assets, books, records, and other documents, which period may, at the discretion of the Registrar, be extended from time to time, so however, that the total period does not exceed three years in the aggregate. (4) The Official Assignee shall be paid such remuneration and allowances as may be prescribed; and he shall not be entitled to any remuneration whatever beyond the prescribed remuneration or allowances. (5) The powers of the Registrar under Sub-sections (1) and (2) shall not be exercised by any officer below the rank of a Joint Registrar of Co-operative Societies. more
Jun 27
However, there is one Section which mocks the above:
72. Final authority of society.—
Subject to the provisions in this Act and the rules, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the bye-laws.
Where the bye-laws of a society so provide, the general meeting shall be attended by delegates appointed by the members, and such meeting shall be deemed to be the meeting of the general body, for the purpose of exercising all the powers of the general body.
This destroys the smooth running of the society. The Governmental control is just not there, members do not take any responsibility and the Governing Body is permitted to manipulate as it desires.
In this, the essence co-operation is just lost making the society absolutely
non-co-operative. Personal ego dominates and the administration just does not bother.
Re-development brings out the greed of the members to the fore.
The idea of the act was to bring about a revolution in the field of co-operation but the result is exactly the opposite.
The authority does not take any responsibility. The government auditors are very amenable to small favors, leaving every authority to manipulate the situation.
This is the sorry state of co-operative societies, where law and the situation is only to be manipulated. Societies with small membership are the worst affected because they have authoritative and adamant managements.
This situation is not likely to improve in the near future. more
72. Final authority of society.—
Subject to the provisions in this Act and the rules, the final authority of every society shall vest in the general body of members in general meeting, summoned in such a manner as may be specified in the bye-laws.
Where the bye-laws of a society so provide, the general meeting shall be attended by delegates appointed by the members, and such meeting shall be deemed to be the meeting of the general body, for the purpose of exercising all the powers of the general body.
This destroys the smooth running of the society. The Governmental control is just not there, members do not take any responsibility and the Governing Body is permitted to manipulate as it desires.
In this, the essence co-operation is just lost making the society absolutely
non-co-operative. Personal ego dominates and the administration just does not bother.
Re-development brings out the greed of the members to the fore.
The idea of the act was to bring about a revolution in the field of co-operation but the result is exactly the opposite.
The authority does not take any responsibility. The government auditors are very amenable to small favors, leaving every authority to manipulate the situation.
This is the sorry state of co-operative societies, where law and the situation is only to be manipulated. Societies with small membership are the worst affected because they have authoritative and adamant managements.
This situation is not likely to improve in the near future. more
Jun 30
