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State of Haryana - Section

Section 25 in Haryana Registration and Regulation of Societies Rules, 2012

25. Amalgamation and Division of a Society.

(1)Where one or more Societies resolve to amalgamate themselves into one Society in accordance with the provisions contained in sub-section (1) of section 51, or a Society resolves to divide itself into two or more societies in accordance with the provisions contained in sub-section (2) of section 51 of the Act, the said Societies or Society shall prepare a Scheme of amalgamation or division, as the case may be. Such a scheme of amalgamation or division shall, inter alia, contain the following, namely:-
(i)name and address of the Society, its Governing Body and objects;
(ii)the financial position i.e. assets & liabilities of the Society as at the close of financial year immediately preceding supported by the audited annual accounts for the last three financial years;
(iii)the grounds, objects and rationale in support of the proposal;
(iv)details of the proposal of amalgamation or division, as the case may be;
(v)details of pending litigation for and against the respective Societies, if any;
(vi)consent of the secured creditors, if any;
(vii)a copy of resolution of the Governing Body supporting the move;
(viii)a copy of the special resolution of the General Body/Collegium, as the case may be;
(ix)area of operation of the amalgamated Society /sub-divided Societies along with their relationship with the parent/ apex Society, if any;
(x)settlement of all pending claims/ liabilities and a certificate from the Governing Body to that effect.
(2)An application in Form-XVIII in triplicate shall be filed by the authorised officebearer/ member of the Governing Body to the Registrar.
(3)The Registrar shall, thereafter, pass appropriate orders on the proposal for amalgamation or division of the Society, as the case may be, and convey the same to the applicant Society with a copy to the District Registrar.
(4)The applicant Society shall file a copy of the orders of the Registrar along with the following documents with the District Registrar for registration, namely ;
(i)a certified copy of Memorandum and byelaws of the amalgamated Society or the divided Societies;
(ii)list of members and office bearers of such Society;
(iii)prescribed fee as mentioned in Appendix 1.
(5)The District Registrar shall cancel the registration of the amalgamating Societies and shall issue a certificate of registration of the new Society. Similarly, in case of division, he shall register the new Societies created by way of division.
(6)In case the amalgamating Societies are registered with different District Registrars, the newly amalgamated Society shall be registered by the District Registrar where the Society resolves to maintain its registered office.