Resident Welfare Association (RWA) Administrator or ad-hoc committee has no power to approve or admit new members in the society.
Problem:
Often in the resident welfare association in the state of Haryana, upon the completion of the tenure of the Governing Body or otherwise, the administrator is appointed by the district registrar to run the day to day affairs of the society and to conduct the election of the society. This always happens in the district Gurgaon of state of Haryana, since there are lot of RWA’s registered under the provision of the Haryana Registration and Regulation of Society Act, 2012. RWA’s/ Societies does not conduct the election of the Governing Body within the stipulated time period and then the case is moved to the district registrar and the district registrar appoints the administrator under the power conferred to his under section 39 of the Haryana Registration and Regulation of Society Act, 2012. In many cases it has been noticed that during this time period along with the managing the affair of the society, the administrator admits the new members in the association/society and conduct the election of the society upon the new list of members of the society. Therefore, the issue arises that whether the administrator appointed by the district registrar has the power to admit new members in the society or not.
Legal Provision:
In this regard the sub-section 10 of section39 of the Haryana Registration and Regulation of Society Act, 2012 provides that – Where the elections of the Governing Body are not held by the due date, for whatsoever reasons, the District Registrar may constitute an adhoc Committee or appoint an Administrator to manage the affairs of the Society, immediately upon the expiry of the due date, for the intervening period and for conducting the elections of the Governing Body.
Further, in relation to the admission of members and issued of the identity cards, Rule 11 of the Haryana Registration & Registration of Society Rule 2012, provides that –
(1) Every Society shall prescribe in its byelaws the manner of application for admitting members to the Society and the competent authority to decide such applications as per Form-X. The payment of membership fee shall be made by the applicant from his bank account through a Bank Instrument (Demand Draft/Pay Order/Cheque) and in no case be accepted in cash.
(2) Every Society shall issue an identity card to every person admitted as a member containing the particulars given in Form-XI in terms of section 17 of the Act. The Society may decide about the validity or renewal of such identity card at such intervals as deemed appropriate.
Discussion:
In the light of the above stated, sub section 10 of section 39 of the Haryana Registration and Regulation of Society Act, 2012 confirmed the power to the district registrar to appoint the administrator or adhoc committee for the following purposes only:
– To manage the affairs of the Society for the intervening period and
– To conducting the election of the Governing Body.
Further the part C of Form-X is very Cleary stated that the decision to admit a new member in the society shall be taken in the meeting of the Governing Body and shall be approved by resolution only.
Further that, in the case of Salman Jalaluddin Akbar v/s District Registrar, Firm and Society, Gurugram vide order dated 10.11.2022 and Sh. Parveen Yadav v/s District Registrar, Firm and Society, Gurugram vide order dated 17.11.2022 the State Registrar, Haryana, set aside the election conducted by the administrator upon the new member admitted by the administrator and directed to conduct the fresh election with the old membership list of the members.
Therefore, on the basis of the above discussion it can be concluded that the Administrator or adhoc committee appointed by the district registrar only for the purposes of managing the affairs of the society in the absence of Governing Body and conduct the election of the Governing Body. The admission of new member in the society or removal of any members from the society is not the business of the administrator or adhoc committee as per the provision of the Haryana Registration and Regulation of Society Act, 2012 read with rules made thereunder.
Author Bio
1.Under the Amended HRRS Act 2014, can any RWA in Gurugram, conduct business lawfully without FIRST having its bye-laws approved by District Registrar of Societies, Gurugram, and being allotted a New Registration Number?
2. I seek clarification because our RWA hardly 6 monthis into office has raised the Maintenance Charges, twice, without approved bye-laws or a new registration number.
Appreciate your clarification as per law. Thank you