• Approval of Registrar of Societies for election of residents association

I am flat owner in an apartmetn compex in Chennai, Tamil Nadu. We have an owners association registered. But there was no elected representatives from inception. Few months back the builders took initiative to conduct an election of executive committee and filed details of the newly elected committee with Registrar of Societies.

Is it mandatory to get approval from the registrar for the new committee to function or once the documents submitted will it be treated as deemed approval.?.
Asked 5 years ago in Civil Law

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22 Answers

No need to have approval. 

You have to intimate Dy. Registrar of the Society with the details of members of Managing Committee and Office Bearers.

Thereafter, you may start the function of day to day affairs of the Association of the Apartment after submitting the report of election. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You don’t need approval of register for new committee to function 

 

documents have to be submitted to register office physically or loaded on the website 

Ajay Sethi
Advocate, Mumbai
100065 Answers
8171 Consultations

You don’t need formal approval of register to start functioning 

Ajay Sethi
Advocate, Mumbai
100065 Answers
8171 Consultations

Fee paid challan is sufficient 

Ajay Sethi
Advocate, Mumbai
100065 Answers
8171 Consultations

You need to just submit the report and begin working

Prashant Nayak
Advocate, Mumbai
34732 Answers
250 Consultations

Fee paid challan is sufficient with registration certificate issued by them.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes you can apply for it.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

Yes it is mandatory to get approval of elected committee from registrar of societies.

Elected body can start their functioning and wait for approvals after taking DD no.  Of application submitted to registrar of societies

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Registrar's approval is necessary. In fact the society has to be registered with the registrar.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes it has to be registered.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

All these things are documented and recorded.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir/Madam,

You are suggested that the said approval from the registrar of the society is necessary and there is no inordinate delay in granting such permission by the registrar as it is granted in due time generally. You may very well ask the approval document or the fee paid challan as a sufficient proof.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Start functioning pending approval if he alters something can be done thereafter but affairs to be managed no bar.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Fee paid challan is sufficient 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

All persons who have purchased apartment and executed a deed of apartment shall, automatically, be the members of the Association

Within the first three months of registration of the society, the Chief Promoter is required to call the First General Body Meeting of the society, Election being one of the topmost priorities of the meeting along with the constitution of the Provisional Committee until regular elections are held under bye-laws of the Society. Regular elections are supposed to be held once every five years as per the Bye-Laws.

In order to oversee the objectives, special requirements or functions of the Society, two Expert Directors and/or two Functional Directors may be co-opted. But they will have no right to vote and do not count as members of the Managing Committee.

 

T Kalaiselvan
Advocate, Vellore
90268 Answers
2510 Consultations

Yes, the registrar should formally accept the elected body in writing after which the office bearers elected to the association shall start functioning.

 

T Kalaiselvan
Advocate, Vellore
90268 Answers
2510 Consultations

The registrar will acknowledge the memorandum submitted by the association and would accord approval in writing.

T Kalaiselvan
Advocate, Vellore
90268 Answers
2510 Consultations

- As per the Societies Act, a proper procedure has been laid down for conducting elections to appoint a managing committee , and must start the election process about two months before the end of the existing managing committee’s term. 

- The committee is also expected to compile a list of members who are eligible to vote, which needs to be put up on the notice board 60 days before the election.

- Further , the managing committee has to appoint a returning officer to oversee the election , and the election programme has to be put up on the notice board and a copy submitted to the registrar.

- Hence, it is mandatory to get approval from the Registrar , but the new committee can start to function after submitting the necessary documents . 

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

Approval not required. 

documents have to submitted before registrar. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

once certificate of society registration issued you may start. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

the registrar will issue an Certificate by allotting a registration number to it. The signed Rules & Regulations, as well as Memorandum, has to be filed with concerned society or registrar of state with a mentioned fee.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If your association is registered under the TN Societies Registration Act, it becomes a legal entity only after the Registrar concerned issues a Certificate of Registration giving the registration no. and date. Till such time, the association does not legally come into existence. The fee payment challan alone cannot be proof of registration.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

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