Rules for Society Mergers in India 1. Legal Basis for Merger • Society mergers are governed by the Societies Registration Act, 1860, particularly Section 12, or by relevant state-specific societies laws.• A society may legally amalgamate, divide, or transfer its...
Renewal Procedure for a Society in India 1. Applicability of Renewal Requirement • Under the Societies Registration Act, 1860, there is no central mandate for periodic renewal.• However, many State Societies Acts require societies to renew their registration...
1. Legal Possibility of Affiliation • The Societies Registration Act, 1860 and state-specific laws do not prohibit affiliation, provided it promotes the society’s registered objectives.• Affiliation allows a society to become a member, partner, or recognized unit of a...
1. Legal Recognition and Identity • An unregistered association has no distinct legal personality • It is treated as a group of individuals rather than an entity• It cannot sue or be sued in its own name • Members are personally liable for actions and obligations of...
Implications of a Society Being De-Registered in India 1. Legal Status Ceases • The society loses its legal identity and ceases to exist as a registered entity.• It cannot function, sue, or be sued in its name.• The registration certificate stands cancelled and has no...
Maintenance Rules for Housing Societies in India 1. Responsibility for Maintenance Charges • Every flat or unit owner is required to pay monthly or quarterly maintenance charges as decided by the society.• Charges are generally based on area (per square foot) or equal...
Impact of GST on Societies in India 1. Applicability of GST • Goods and Services Tax (GST) applies to societies (including housing societies and cooperative societies) when their annual turnover exceeds ₹20 lakhs (or ₹10 lakhs in special category states) from taxable...
Process for Expulsion of a Member 1. Reference to Bye-Laws • Check the society’s registered bye-laws to confirm if expulsion is permitted• Identify the specific grounds and procedure outlined for expulsion• Ensure the member’s actions fall within the defined...
Yes, members can be removed from a society in India, but only by following due process as laid down in the Societies Registration Act and the society’s own bye-laws. The removal must be lawful, fair, and well-documented. Legal Basis for Removal • The power to remove a...
Audit Requirements Under State Laws for Societies in India General Framework • Societies registered under the Societies Registration Act, 1860 or relevant State Societies Acts must undergo regular audits. • State laws and bye-laws of each society prescribe the exact...