KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
14.8.2016
Shri S.N. Singh
District Registrar
Firms and Societies,
No. 2, IDC,
Near Maharana Pratap Chowk,
Gurgaon, Haryana
Respected Sir,
IRREGULARITIES
BEING COMMITTED BY ANSALS RETREAT RESIDENTS WELFARE ASSOCIATION REGARDING
ENROLMENT OF MEMBERS
REFUSAL TO
FOLLOW THE ORDERS OF THE DISTRICT REGISTRAR DATED 1.8.2016 AND 12.8.2016
A PERIOD OF 45
DAYS HAS LAPSED SINCE THE ORDERS WERE PASSED AND NOT EVEN ONE PERSONA HAS BEEN
ENROLLED
REFUSAL TO ENROL
ME AS A MEMBER AGAINST THE RULES LAID IN THE HRRS ACT 2012
NON COMPLIANCE
OF ORDERS AFTER AN ENQUIRY UNDER SECTION 54 ON PRIORITY, REQUEST FOR FORWARDING THE ORDERS AS LAID IN
SECTION 55 TO THE REGISTRAR ALONG WITH THE RECOMMENDATIONS FOR DISSOLUTION OF
THE SOCIETY SINCE THE IRREGULARITIES OR VIOLATIONS COMMITTED BY THE SOCIETY ARE
FOUND TO BE OF A SERIOUS AND MATERIAL NATURE ( RELATING TO MEMBERSHIP) AND
THERE IS A TOTAL DISRESPECT FOR THE BYE-LAWS UNDER HRRS ACT, 2012.
I am the owner of
Farm Land No. A 2, Ansals Aravali Retreat, Village Raisina, Gurgaon, Haryana
which is registered through a Sale Deed and a copy of the Registration is
enclosed herewith for your ready reference.
As you are aware
Ansal Retreat Resident Welfare Association having its Registered Office at G
3A, Ansal Retreat, Village Raisina, Gurgaon, Haryana is registered with you
vide Registration No. HR – 018 – 2012 – 00032 with the basic objective of
looking after the welfare of the farm land owners at Ansals Aravali Retreat as
we have been informed, though we have
not been given any documents by the Association so far in support of the above
claim.
Sir you are also
aware that any RWA is a civic body that represents the interest of the
residents of a locality and is basically meant to be the trustees of the
residents for looking after the affairs of the area and therefore has to be
absolutely transparent.
It has never been heard that a society which is in violation
of the entire Haryana Registration and Regulation of Societies Act, 2012 has
been registered and is being allowed to operate and in spite of clear
instructions from your office is not following any of the guidelines as laid
down in the HRRS Act 2012 and as informed by you to them through your various
letters based on different complaints made against them.
ISSUE NO. 1 WHAT DOES THE ACT SAY
As
per section 16 of the HARYANA
REGISTRATION AND REGULATION OF SOCIETIES ACT 2012 which reads as under:
A person
shall be eligible to become a member of Society if he is:
·
21 years of age
·
Subscribes to the aims and objects of the Society
·
Has deposited the membership fee as prescribed in
the bye-laws of the society and
·
Is not insolvent or of unsound mind or not have been
convicted.
Hence so long a person is the
owner of a farm house and meets the above conditions; he cannot be denied the
membership. And the above are the only conditions to be met for becoming a
member.
WHAT DO THE BYE-LAWS OF ANSAL RETREAT
RESIDENT WELFARE ASSOCIATION SAY
At Page No. 2 para No. 3 (iii) the
bye-laws read as under:
(ii)
Regular Member – Farm owner of Ansal Aravali Retreat who has joined as
Associate Member and later will become Regular Member. Other member can also become Regular member
if Governing body approve your membership as Regular Member. The regular member will be eligible to seek office
of the Office bearer/Governing Committee. The new Regular member has to give
the following undertake:
(a) To give time to association for its
activities
(b) To give a donation/registration fee decided
by Governing body
(c)
Undertaking that he/she will not sell his farm for next 10 years.
(d) The farm is registered in his name
Sir,
it would be noticed that the following conditions for the membership of the
Association are not in consistence with the bye-laws of HEES Act 2012:
b) To give a donation/registration
fee decided by Governing body
(c) Undertaking that he/she will not sell his farm for next 10
years.
Both the above conditions are absolutely contradictory to the HRRS
Act 2012 for being a member of the Association.
Every owner by virtue of being a plot owner automatically has a right to
be a member of the Association and condition contrary to the HRRS Act cannot be
imposed upon the member. Imposing a
condition that the member cannot sell his property is against the fundamental
right of a citizen of the country and was and is never envisaged to be a part
of the HRRS Act.
(iii) Associate Member – Any new farm owner/close
relative of farm owner of farm house/tenant staying in farm in Ansal Aravali
Retreat will become Associate Member on payment of entry fee of Rs. 1100/-. But
the condition is only one member will be allowed to vote in election from a
farm (For preference will be given to owner, if he is absent then other member
of the said farm can vote). Only one vote will be allowed from a farm, but
there can be more than one associate member from a farm. But all, the member can attend General body
meeting. There should be a drive to
maximise membership. For this purpose,
as farm owner who has farm in Ansal Aravali Retreat will automatically become
an Associate Member, after paying prescribed fee approved by General body,
Associate member shall not be eligible to seek office of the Office
bearer/Government Committee, though they shall have the right to vote in
election.
A
farm owner who has farm in Ansal Aravali Retreat will automatically become
Associate member, after paying prescribed fee approved by General Body.
Unfortunately whatever has been written
in the bye laws of the Society is contradictory to the Societies Act/Rules.
Now let me first explain the meaning
of Associate Member:
A person whose name stands second in the
registration documents can become an associate
member. Though he has no right of an ordinary member but as an
associate member he acquires right to vote in the absence of first member that
is the member whose name stands first in the registration. An
associate member has always a right to vote provided original members in whose
name stands the property is absent at the General Body Meeting.
Hence there is no question of the
Associate member paying any fee as he steps in during the absence of the
person whose name stands first in the registration. Whereas as per the
bye-laws a sum of Rs.1100.00 is being charged as admission fee and another Rs.
1000.00 as the annual fee and subsequently as per the minutes of the GBM
enclosed this fee is being increases in from Rs. 1100.00 to Rs. 11,000.00
I would now explain the definition of an ordinary member.
An ordinary
member is the one who has purchased an interest in property in the form of plot
and each plot owner is eligible to one membership.
You would, therefore, notice that the definition of
the ordinary member and the Associate member and the conditions imposed for
being an ordinary member and the conditions for transition from Associate
member to a regular member are all against the Societies Act/Rules 2012.
AS PER THE MINUTES OF THE GBM FILED BY
AARWA ON 8.3.2015 WITH THE DISTRICT REGISTRAR OF SOCIETIES, GURGAON - AT PAGE 2
OF THE MINUTES IT IS WRITTEN UNDER THE HEADING MEMBERSHIP AS UNDER:
The General Body approved the increase in the membership fee
of Associate member admission fee from Rs. 1100.00 to Rs. 11,000.00. Annual subscription will remain the
same. Regular member Admission fee has
been increased from Rs. 6,000.00 to 25,000.00.Membership will be only offered
to resident (i. who stays at Ansal Aravali Retreat) and the person applying for
membership has to undertake that he is not a member of any other resident
welfare Association. If any found to be member of any other resident welfare
association, the governing body is authorised to cancel his membership and the
member can apply fresh for new membership after resigning from other RWA. The
general body believe that a person can stay at one place, so he can be member
of one Welfare Association. Special
exemption could be given to member by General Body on case to case basis if the
member stays at two places.
The three major violations of the HRRS Act 2012 in this
resolution are:
1. Membership will be only offered to
resident (i. who stays at Ansal Aravali Retreat)
2. The person applying for membership has
to undertake that he is not a member of any other resident welfare Association.
If any found to be member of any other resident welfare association, the governing
body is authorised to cancel his membership and the member can apply fresh for
new membership after resigning from other RWA.
It is absolutely wrong to
state that a membership will only be offered to resident (i. who stays at Ansal Aravali Retreat).This is an
absolutely illegal condition.
Similarly the second condition is also illegal and
an infringement on the fundamental right as a person can have two houses and therefore has a
right to be a member of both the Associations and hence imposing and approving
this kind of a condition is absolutely illegal. This condition is violative of the
fundamental right of any farm owner to own another property and be a member of
the Resident Welfare Association.
The intention behind all these clauses is to ensure that the
membership to the Association is confined to few people so that they control
the entire finance and maintenance of the area without involving a larger
majority from amongst the farm land owners.
”Member” as per the definition given in the HSRA 2012 Act means a person who fulfils he eligibility
criteria for becoming a member of a Society, as specified in the Act and has
been admitted as a member of the Society in accordance with its bye-laws. Those conditions are laid in Section 16 of
the HRRS Act 2012 as given above.
Hence putting any other condition for becoming a member is illegal
and hence the entire process of electing the Governing body based on the
illegal conditions imposed in the bye-laws is illegal.
SECTION 24 AND 25 OF
THE HRRS ACT 2012
The
contents of the Memorandum and the Bye-laws shall be prepared in accordance
with the provisions contained in sections 24 and 25 of the Act.
Section 24 –
Memorandum - The memorandum shall state:
(ii) Aims and objects
of the Society
Unfortunately
in the present case there is no
memorandum submitted at all and hence there are no aims and object for which
this Society has been formed and hence a gross violation of Section 24.
Section 25 – BYE-LAWS
The
Bye-laws shall generally conform to the model bye-laws as prescribed and shall
contain provisions in respect of the following matters:-
(ii)
Aims and objects of the Society
(III)
Provisions regulating the membership of the Society ie. Eligibility,
admissions, kinds of membership, membership fee, subscription fee, resignation,
withdrawal and termination
In the present case unfortunately case there is no memorandum
submitted at all and hence the Society has not given any aims and objects of
the Society and therefore a gross violation of Section 24.
Similarly the bye-laws of the said Society are in complete violations
of the above clauses related to provisions regulating the membership of the
Society i.e. Eligibility, admission, kinds of membership, membership fee, subscription
fee.
SECTION 15 OF HRRSA
RULES 2012 – CONTENTS OF THE MEMORANDUM
OF ASSOCIATION AND BYE-LAWS
The
contents of the Memorandum and the Bye-laws shall be prepared in accordance
with the provisions contained in sections 24 and 25 of the Act. The Society
shall generally follow the model memorandum and the byelaws set out in
Appendix-I, II and III of these rules. Provided
that a Society may include or exclude any or all such provisions in its bye
laws as required keeping in view the nature and scope of its activities and
operations, and which may or may not find a mention in the model bye-laws subject to the condition that such
additions or omissions are not inconsistent with the provisions of the Act and
these rules.
As
per the THE Annexure III of HARYANA
REGISTRATION AND REGULATION OF SOCIETIES RULES, 2012, The Honorary Membership
fee has to be nil, the ordinary member fee has to Rs. 1100.00 and the life
membership Rs. 11,000.00 and founder members fee as Rs. 21,000.00.
Not only as per Section 15 of
the HRRSA Rules 2012 but also as per Section 25 of the HRRSA 2012 the society
shall generally follow the model memorandum and the bye-laws set out in
Appendix I, II and III.How can they increase the membership of the Associate
Member to Rs.11, 000.00 from Rs. 1100.00 which is much more than prescribed in
the HARYANA REGISTRATION AND REGULATION
OF SOCIETIES RULE 2012 rules and for a regular member from Rs. 6,000.00
to Rs. 25,000.00, whereas the ordinary member fee which as per the law is Rs.
1100.00 but this association is asking for Rs. 25,000.00
The
minutes of the General Body Meeting held of Ansal Retreat Resident Welfare
Association on 8.3.2015 pertaining to the Continue with the Office – Bearers at
point No. 3 reads as under: A section of the same is pasted below for your
ready reference wherein it states:
“
….The general body requested the present Office Bearers to be elected in voice
vote and their term start from 8.3.2015 to 7.3.2018 for 4 year and their term
could be extended.
SECTION
32 OF THE HRRS ACT 2012 SUB SECTION (6) READS AS UNDER:
Where
an existing elected body does not have a duly elected Governing Body in
position and the affairs of the Society are being managed either through an
Adhoc body of through an Administrator appointed by the Government in this
behalf:
(i) such adhoc body or the Administrator shall
take steps to hold the elections of the Governing Body, if its membership
is within the specified numbers:
As is evident from the records of the Association
available in your office, no election of this Society has ever been held since
its registration on 7.9.2012 whereas the same should have been held
immediately. An adhoc body cannot under
any norms of the HRRS Act 2012 keep running on adhoc basis for three years.
33-
HRRSA 2012 – GOVERNING BODY
33.
(1) The members of the General Body or the Collegium, as the case may be, shall
elect the Governing Body (by whatever name called), consisting of not less than
three and not exceeding 21 members. The office-bearers shall comprise of the
President, Secretary and Treasurer as a minimum, and other office-bearers, as
prescribed under the Bye-laws.
(2) The Society shall file the list of the
elected office-bearers with the District Registrar within a period of thirty
days of holding of the elections for the Governing Body in the manner, as
prescribed.
(3) The tenure of the Governing Body shall not
exceed three years. The matters pertaining to re-election of any
office-bearer shall be regulated in accordance with the Bye-laws.
(4) Every Society
shall maintain a register showing the names, addresses and occupation of the
persons appointed or elected as office-bearers and shall file with the District
Registrar, - (i) a copy of the register within a period of thirty days from the
date of appointment or election of the office-bearers; (ii) a notice of every
change in the office-bearer within a period of thirty days, from the date of
such change; and (iii) the details of the office-bearers along with the annual
return in the manner, as prescribed under the rules.
(5) The constitution of the Governing Body,
appointed or elected for the first time or thereafter, shall be valid only upon
approval thereof by the District Registrar and its tenure shall commence from
the date of its approval
None of the
provisions as laid down in Section 33
(i) to (5) have been followed as is evident from the records with the
office of District Registrar, Gurgaon and therefore the Registration should be
recommended for cancellation to the Registrar of Societies, Government of
Haryana.
More specifically sub section three states that the tenure of the
governing body should not be more than three years.
You would
notice from the minutes of the General Body meeting pasted above on “ Continue
with Office bearers “ wherein it
states that the General Body requested the present Office-Bearers to be elected
in voice vote and their terms start from 8.3.2015 to 7.3.2018 for 4 years and
their term could be extended further.
Hence
neither the elections were held as per Section 32 nor a fresh body was elected
as per Section 33 and hence the very existence of the fresh body is in
violation of the HRRS Act 2012 and therefore the said body is ineligible to
even carry on with any function of the Society and a fresh body is required to
be elected.
Similarly
as per sub section (5) given above which reads “the constitution of the Governing Body, appointed
or elected for the first time or thereafter, shall be valid only upon approval
thereof by the District Registrar and its tenure shall commence from the date
of its approval”.
Since your office has not granted any approval of the
constitution of the body since 2012 and since they are in gross violations of
all the provisions of the HRRS Act, 2012 and since no elections have ever been held
by them hence the tenure of the Association has not even commenced and even if
it is considered to have commenced by default the same stands expired after a
period of three years from the formation of the Society on 7.9.2015.
Respected Sir, I have been filing complaints since 7.4.2016
with your office and you have been calling the office bearers of the
Association and advising them to follow the rules laid down in the HRRS Act
2012 and give the membership to every farm owners as by default each farm owner
has a right to be a member. Inspite of
all your verbal instructions to them they have refused to admit me a regular
member and returned my application after rejecting on the grounds which are
absolutely extraneolus to the HRRS Act and the bye laws laid under the
Act. I am here under giving the grounds
mentioned by them in their letter of 30th June 2016. A copy of the
letter is enclosed herewith for your ready reference
.
1.
You are already a member of a parallel Association whose
actions are prejudicial to the interest of the plot owners and of our
Association particular.
2.
Yourself personally as a member of parallel Association is
indulged in making false complaints and allegation about our Association and is
continuously trying to malign the minds of other property owners within Ansal
Retreat, Village Raisina and various government departments.
3.
You are working with personal vendetta and have
intentionally filed FIR against our employee with false information.
4.
We came to know that your property is under dispute
5.
You are not remitting the maintenance charges of your
property, for proper maintenance of the entire Ansal Retreat.
As you know sir, as per section 16 of the HRRS Act quoted
earlier in the letter, a membership has to be given to every owner of the farm
if he is meeting the criteria mentioned in the section and I meet all the
requirement as laid in the section and
hence the membership cannot be denied to me for reasons which are quiet unheard
of.
In view of above
and in view of the non compliance of
orders dated 1/8/2016 and 12/8/2016 after an enquiry under section 54 on
priority, I request for forwarding your
orders as laid in section 55 to the Registrar along with the recommendations
for dissolution of the society since the irregularities or violations committed
by the society are found to be of a serious and material nature ( relating to
membership) and there is a total disrespect for the bye-laws under HRRS Act,
2012.
Thanking you,
Yours faithfully
KULDEEP KUMAR KOHLI
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