Lawfully yours: By Retired Justice K Chandru

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Update: 2024-07-29 01:30 GMT

Retd Justice K Chandru

Defunct residents' assn can appeal to govt to get registration restored

An age-old residents' association devoid of activities is reviving, with the young generation taking it over and attempting to regain the official registration status. The association still appears on websites but with no names of office-bearers (new or old). The new team wants to revive the association and retain the same old registration number. What are the legal procedures to restore the association and the expenses involved? Old office-bearers, most of whom have left for heavenly abode, have not left any instructions and the bylaws too are missing. Please advise how to set things right in the house.

— Manuraj, Perambur

A certified copy of the bylaws can be obtained from the office of the Registrar of Societies concerned. Then one has to find out whether the society's registration has been cancelled or not. On getting to know the same, you can appeal to the government to reconsider its decision. The delay in approaching the government will have to be explained. If the government accepts your appeal, then it may restore the registration given to your defunct association.

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Clarity in levy and collection process of  water tariff can be sought under RTI Act Tambaram Corporation has sent an SMS to inmates of a residential apartment asking them to pay water charges individually for 2023-24. Earlier, the water charges were collected by the apartment association, based on the connection, though the bills were on the residents. The usual procedure of sending demand notices seeking the opinion of the residents has not been followed. The SMS does not say how the amount payable is arrived at. On inquiry, the officials say the decision is based on the bylaws of the erstwhile municipality. I understand that irrespective of whether it is a corporation, municipality or panchayat, a government order is a must. If so, can the residents seek a copy of the GO? In the absence of GO, can the residents treat the demand as null and void? Please advise.

— VS Jayaraman, Chromepet

You can apply for the reasons for the change in the usual procedure and the method of calculation adopted for the tax assessed. If they don't provide you with the details, you can apply under the Right to Information (RTI) Act and get the same. If the calculation is found to be erroneous you can challenge the demand notice.

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