Limitations of Administrator Powers in Haryana RWAs: Membership Admission Explained

Introduction

In Haryana, the functioning of Resident Welfare Associations (RWAs) often raises questions about the authority of appointed administrators. This blog aims to clarify the limitations of their powers, specifically regarding the admission of new members to the society.

Context

In Haryana, particularly in the district of Gurgaon, it is common for an administrator to be appointed by the District Registrar after the tenure of the Governing Body ends. This appointment occurs under the provisions of the Haryana Registration and Regulation of Societies Act, 2012, whenever an association fails to hold timely elections. The administrator’s responsibilities typically include managing daily affairs and facilitating elections, often leading to confusion about their power to admit new members.

Problem Overview

During the administrator's tenure, there have been instances where they admit new members while managing the society’s affairs. This opens up the legal question: does an administrator appointed by the District Registrar possess the authority to admit new members?

Legal Framework

Relevant Provisions

According to sub-section 10 of section 39 of the Haryana Registration and Regulation of Societies Act, 2012, the District Registrar has the authority to:

• Constitute an ad-hoc committee or appoint an administrator to manage the society’s affairs during the intervening period after the due date for elections.
• Oversee the conduct of elections for the Governing Body.

Further, Rule 11 of the Haryana Registration and Regulation of Societies Rules, 2012 stipulates:

1. Each society must outline in its by-laws the application process for new membership and designate the competent authority to approve such applications as per Form-X. Membership fees must be paid via bank instruments only, such as Demand Drafts, Pay Orders, or Cheques—not in cash.
2. An identity card must be issued to every new member, containing the details specified in Form-XI, in accordance with section 17 of the Act.

Discussion

From these legal provisions, it is clear that the administrator’s role, as defined, is limited to:

• Managing the society’s affairs during the absence of a Governing Body.
• Conducting elections for the Governing Body.

Furthermore, Form-X explicitly states that the decision to admit new members must occur at a meeting of the Governing Body and requires resolution approval. Legal precedents, including the cases of Salman Jalaluddin Akbar v/s District Registrar, Firm and Society, Gurugram and Sh. Parveen Yadav v/s District Registrar, Firm and Society, Gurugram, confirm that elections conducted by administrators who admitted new members were invalidated, requiring elections based on the pre-existing membership list.

Conclusion

Given the legal framework and case law analysis, it is evident that an administrator or ad-hoc committee appointed by the District Registrar is only authorized to manage societal affairs and conduct elections. They do not have the jurisdiction to admit or remove members from the society under the provisions of the Haryana Registration and Regulation of Societies Act, 2012 and its corresponding rules. This assertion underscores the importance of adhering to established procedures for membership to maintain the integrity of the society’s governance.