Section 44 in Haryana Registration and Regulation of Societies Act, 2012
44. Restrictions on the sale or tranfer of immovable property.
(1)A Society registered under the Act shall be competent to sell, transfer or alienate any of its immovable properties subject to the following: -(a)in case the immoveable property is acquired from the Government or any of its instrumentalities or a municipal body or gram panchayat or any other such authority, with the prior written permission of the Government;(b)in case the immoveable property is acquired by means of a conditional gift or conditional donation from any source, in accordance with such conditions subject to the prior permission of donor or his authorised representative, and in case the donor is not alive and has left no such authorised representative, with the prior permission of the Registrar;(c)any other immoveable property acquired by the Society from out of its own resources or funds or borrowings, with the prior permission of the General Body or the Collegium, as the case may be, through a special resolution.(2)The Governing Body shall determine the reserve price of any such immoveable asset, which shall not be less than the applicable Collector rates, before its disposal, so as to ensure that it is not sold or transferred at an undervalued consideration.(3)The proceeds from the transfer or sale of any immoveable property of the Society, wherever conducted in accordance with the provisions contained in this section, shall be immediately deposited in the account of the Society.(4)Where any office bearer of the Governing Body indulge in violation of the provisions contained in sub-sections (1), (2) and (3) above, the District Registrar shall be competent to take any or all of the following actions,-(i)where the amount of consideration is not deposited in the account of the Society within three working days, direct such office bearer to pay interest out of his own pocket at the rate of twenty four percent for the period it remained in his possession but such period shall in no case be more than thirty days;(ii)where the immoveable asset has been sold or transferred at an undervalued price, recover the difference assessed on the basis of Collector rates from the erring office bearer and deposit the same in the Societys account;(iii)where the immoveable asset has been disposed of without the permission as required under sub-section (1) or without complying with the conditions applicable, recover the amount, alongwith any additional amount as assessed on the basis of Collector rates, from the concerned office bearer and deposit the same with the allotting authority;(5)Where the recovery of any amount is involved from any person in the course of enforcement of sub-section (4) above, and the persons concerned do not deposit the said amount within the period allowed, the District Registrar shall be competent to recover such amount as arrears of land revenue.(6)In addition to the action under sub-sections (4) and (5) above and depending upon the gravity of the violation, the District Registrar may also recommend to the Registrar for,(i)removal of any erring person from the office and debarring such person from holding any position in future or removal from membership of the Society ;(ii)super-session of the Governing Body and appointment of an Administrator for managing the affairs of the Society; and(iii)registration of an FIR.(7)The Registrar shall take appropriate action on the recommendations of the District Registrar within a period of fifteen working days of the receipt of information.(8)Nothing under this section shall absolve the office-bearer from criminal action.
