• Is it legal for society to frame rule of breaking into house?

The society has framed a rule that if the tap is open in the house then they will break the lock of the house to remedy the situation.
Can such a rule be upheld by law?
Asked 8 years ago in Criminal Law
Religion: Christian

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5 Answers

This is illegal. If any office bearer of the society or a member of the society acts on this rule he will be liable to be criminally prosecuted for the offence of house trespass.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The law is silent on the time frame within which the receipts are to be issued but it should be done at the earliest. If receipts are not provided then the members can refuse to pay the maintenance charges.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1/ The Rule is illegal and can in no way be supported.

2. Raise this issue in next committee meeting. if they do not amend this rule then file complaint with Registrar of COOPERATIVE SOCIETY.

3. No law of the land upheld the commission of offence which finds place nuder the garb of some silly society Rules.

4. For the receipt issues and other disputed lodge complaint with Registrar of society.

Devajyoti Barman
Advocate, Kolkata
22832 Answers
490 Consultations

5.0 on 5.0

The society has framed a rule that if the tap is open in the house then they will break the lock of the house to remedy the situation.

Can such a rule be upheld by law?

Such byelaws are not supported by the rules or law of land.

These things get through by passing a resolution in the general meeting

Since such rules are common for all the obligation on everyone's part in this regard is implied.

you may have to cooperate with the society bye laws or else you can raise this issue and record your objections along with your other members of the society.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

Society has not issued receipts for payments made towards society maintenance charges and share certificate. It is newly formed. How many days can society be allowed before providing the receipts for the payments? Vague reasons are being provided for the delay of providing the receipts for the payments made to society.

The society is governed by the bye-laws and the statutory law of the land, hence the society as a body shall not be able to make any decision inthi regard unilaterally. You may allow some time and then issue a complaint against the society before the concerned cooperative court in this regard.

T Kalaiselvan
Advocate, Vellore
84973 Answers
2204 Consultations

5.0 on 5.0

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