Delhi Co-operative Societies Act, 1972

{
    "id": 27026,
    "slug": "delhi-co-operative-societies-act-1972",
    "title": "Delhi Co-operative Societies Act, 1972",
    "short_title": "Delhi Co-operative Societies Act, 1972",
    "act_number": "(Delhi Act No. 35 of 1972)",
    "act_year": 1972,
    "act_type": "STATE",
    "location": "Delhi",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Delhi Co-operative Societies Act, 1972",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "CHAPTER I",
            "chapter": "CHAPTER I",
            "content": "Preliminary",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"bye-laws\" means the registered bye-laws for the time being in force, and includes registered amendments of such bye-laws;\n(b) \"committee\" means the governing body of a co-operative society, by whatever name called, to which the management of the affairs of the society is entrusted;\n(c) \"co-operative bank\" shall have the same meaning as is assigned to it in the Deposit Insurance Corporation Act, 1961 (47 of 1961);\n(d) \"co-operative society\" means a society registered or deemed to be registered under this Act;\n(e) \"co-operative society with limited liability\" means a co-operative society the liability of whose members is limited by its bye-laws to the amount, if any, unpaid on the shares individually held by them or to such amount as they may individually undertake to contribute to the assets of the society, in the event of its being wound up;\n(f) \"co-operative society with unlimited liability\" means a co-operative society the liability of whose members is unlimited for the purpose of contributing jointly and severally to any deficiency in the assets of the society in the event of its being wound up;\n(g) \"Deposit Insurance Corporation\" means the Deposit Insurance Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961);\n(h) \"federal society\" means a society-\n(a) not less than five members of which are themselves societies; and\n(b) in which the voting rights are so regulated that the members which are societies have not less than four-fifth of the total number of votes in the general meeting of such society;\n(i) \"financing bank\" means a co-operative society, the objects of which include the creation of funds to be lent to other co-operative societies;\n(j) \"Lieutenant-Governor\" means the administrator of the Union territory of Delhi appointed by the President under article 239 of the Constitution;\n(k) \"member\" means a person joining in the application for the registration of a co-operative society and a person admitted to membership after such registration in accordance with this Act, the rules and the bye-laws, and includes a nominal and an associate member and the Central Government when it subscribes to the share capital of a society;\n(l) \"officer\" means the president, vice-president, chairman, vice-chairman, managing director, secretary, manager, member of committee, treasurer, liquidator, administrator and includes any other person empowered under the rules or the bye-laws to give directions in regard to the business of a co-operative society;\n(m) \"prescribed\" means prescribed by rules;\n(n) \"Registrar\" means a person appointed to perform the functions of the Registrar of Co-operative Societies under this Act, and includes any person appointed to assist the Registrar when exercising all or any of the powers of the Registrar;\n(o) \"Reserve Bank\" means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 (2 of 1934);\n(p) \"rules\" means the rules made under this Act;\n(q) \"Tribunal\" means the Delhi Co-operative Tribunal constituted under section 78.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "CHAPTER II",
            "chapter": "CHAPTER II",
            "content": "Registration of Co-Operative Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "3",
            "title": "3. Registrar.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "4",
            "title": "4. Societies which may be registered.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "5",
            "title": "5. Restrictions on registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "6",
            "title": "6. Restrictions on holding of shares.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "7",
            "title": "7. Application for registration.",
            "chapter": null,
            "content": "(a) in the case of a society of which no member is a co-operative society, by at least ten persons qualified in accordance with the requirements of section 5; and\n(b) in the case of a society of which a member is a co-operative society, by a duly authorised person on behalf of every such society and where all the members of the society are not co-operative societies, by ten other members, or, when there are less than ten other members, by all of them.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "8",
            "title": "8. Power of the Registrar to decide certain questions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "9",
            "title": "9. Registration.",
            "chapter": null,
            "content": "(a) that the application complies with the provisions of this Act and the rules;\n(b) that the objects of the proposed society are in accordance with section 4;\n(c) that the proposed bye-laws are not contrary to the provisions of this Act and the rules; and\n(d) that the proposed society has reasonable chances of success, the Registrar may register the society and its bye-laws.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "10",
            "title": "10. Registration certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "11",
            "title": "11. Amendment of bye-laws of a co-operative society.",
            "chapter": null,
            "content": "(a) is not contrary to the provisions of this Act and the rules;\n(b) does not conflict with co-operative principles; and\n(c) will promote the economic interests of the members of the society, he may register the amendment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "12",
            "title": "12. When amendments of bye-laws come into force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "13",
            "title": "13. Change of name.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "14",
            "title": "14. Change of liability.",
            "chapter": null,
            "content": "(a) the assent thereto of all members and creditors has been obtained; or\n(b) all claims of members and creditors who exercise the option referred to in sub-section (2) within the period specified therein have been met in full.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "15",
            "title": "15. Amalgamation, transfer of assets and liabilities and division of co-operative societies.",
            "chapter": null,
            "content": "(a) transfer its assets and liabilities in whole or in part to any other co-operative society;\n(b) divide itself into two or more co-operative societies.\n(a) the assent thereto of all the members and creditors has been obtained; or\n(b) all claims of members and creditors who exercise the option referred to in sub-section (4) within the period specified therein have been met in full.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "16",
            "title": "16. Power to direct amalgamation, division and reorganisation in public interest etc.",
            "chapter": null,
            "content": "(a) a copy of the proposed order has been sent in draft to the co-operative society or each of the co-operative societies concerned; and\n(b) the Registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestions and objections which may be received by him within such period (not being less than two months from the date on which a copy of the order aforesaid is received by the society or societies, as the case may be), as the Registrar may fix in that behalf, either from the society or from any of the societies concerned or from any member or class of members thereof or from any creditor or class of creditors thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "17",
            "title": "17. Registrar to prepare scheme of amalgamation of co-operative bank in certain cases.",
            "chapter": null,
            "content": "(a) for the reorganisation of the co-operative bank; or\n(b) for the amalgamation of the co-operative bank with any other co-operative bank.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "18",
            "title": "18. Liability of a co-operative bank to the Deposit Insurance Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "19",
            "title": "19. Cancellation of registration certificates of co-operative societies in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "CHAPTER III",
            "chapter": "CHAPTER III",
            "content": "Members of Co-Operative Societies and their Rights and Liabilities",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "20",
            "title": "20. Persons who may become members.",
            "chapter": null,
            "content": "(a) an individual competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872);\n(b) any other co-operative society;\n(c) the Central Government; and\n(d) such class or classes of persons or association of persons as may be notified by the Lieutenant-Governor in this behalf:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "21",
            "title": "21. Nominal or associate members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "22",
            "title": "22. Member not to exercise rights till due payment made.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "23",
            "title": "23. Votes of members.",
            "chapter": null,
            "content": "(a) in the case of an equality of votes, the chairman shall have a second or casting vote;\n(b) a nominal or associate member shall not have the right of vote;\n(c) where the Central Government is a member of the co-operative society, each person nominated by the Central Government on the committee shall have one vote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "24",
            "title": "24. Manner of exercising vote.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "25",
            "title": "25. Restriction on transfer of shares or interest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "26",
            "title": "26. Transfer of interest on death of members.",
            "chapter": null,
            "content": "(i) in the case of a co-operative society with unlimited liability, such nominee, heir or legal representative, as the case may be, may require payment by the society of the value of the share or interest of the deceased member ascertained as aforesaid;\n(ii) in the case of a co-operative society with limited liability, the society shall transfer the share or interest of the deceased member to such nominee, heir or legal representative, as the case may be, being qualified in accordance with the rules and bye-laws for membership of the society, or on his application within one month of the death of the deceased member to any person specified in the application who is so qualified;\n(iii) no such transfer or payment shall be made except with the consent of the nominee, heir or legal representative, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "27",
            "title": "27. Liability of past member and estate of deceased member.",
            "chapter": null,
            "content": "(a) in the case of a past member, on the date on which he ceased to be a member;\n(b) in the case of a deceased member, on the date of his death, shall continue for a period of two years from such date.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "CHAPTER IV",
            "chapter": "CHAPTER IV",
            "content": "Management of Co-Operative Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "28",
            "title": "28. Final authority in a co-operative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "29",
            "title": "29. Annual general meeting.",
            "chapter": null,
            "content": "(a) approval of the programme of the activities of the society prepared by the committee for the ensuing year;\n(b) election, if any, of the members of the committee other than nominated members subject to the provisions of section 31;\n(c) consideration of the audit report and the annual report;\n(d) disposal of the net profits; and\n(e) consideration of any other matter which may be brought forward in accordance with bye-laws:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "30",
            "title": "30. Special general meeting.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "31",
            "title": "31. Election and nomination of members of committees.",
            "chapter": null,
            "content": "(a) if he has held any such office on that committee during two consecutive terms, whether full or part;\n(b) if he holds any such office on a committee of another co-operative society of the same type;\n(c) if he holds any such office on the committees of three or more co-operative societies of a different type or different types:\n(i) \"Scheduled Castes\" means any of the Scheduled Castes specified in Part I of the Schedule to the Constitution (Scheduled Castes) (Union Territories) Order, 1951;\n(ii) \"primary agricultural credit society\" has the meaning assigned to it in clause (iii) of section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).\n(a) where the Central Government has subscribed to the share capital of a co-operative society, the Central Government or any person authorised by it in this behalf shall have the right to nominate on the committee such number of persons not exceeding three or one-third of the total number of members thereof, whichever is less, as the Central Government may determine;\n(b) where the Industrial Finance Corporation, the State Finance Corporation or any other financing institution notified in this behalf by the Central Government has provided finance to a co-operative society, the Industrial Finance Corporation, State Finance Corporation or other financing institution, as the case may be, shall have the right to nominate one person on the committee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "32",
            "title": "32. Supersession of committee.",
            "chapter": null,
            "content": "(a) order fresh election of the committee, or\n(b) appoint one or more administrators who need not be members of the society, to manage the affairs of the society for a period not exceeding one year specified in the order, which period may, at the discretion of the Registrar be extended from time to time, so, however, that the aggregate period does not exceed three years.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "33",
            "title": "33. Securing possession of records, etc.",
            "chapter": null,
            "content": "(b) if the committee of a co-operative society is reconstituted at a general meeting of the society or the committee of a society is removed by the Registrar under section 32 or if the society is ordered to be wound up under section 63 and the outgoing members of the committee refuse to hand over charge of the records and property of the society to those having or entitled to receive such charge, the Registrar may apply to the magistrate, within whose jurisdiction the society functions, for securing the records and property of the society.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "34",
            "title": "34. Acts of co-operative societies not to be invalidated by certain defects.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "CHAPTER V",
            "chapter": "CHAPTER V",
            "content": "Privileges of Co-Operative Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "35",
            "title": "35. Co-operative societies to be bodies corporate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "36",
            "title": "36. First charge of co-operative society on certain assets.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "37",
            "title": "37. Charge on immovable property of members borrowing loans from certain societies.",
            "chapter": null,
            "content": "(i) any person who makes an application to a society of which he is a member for a loan shall, if he owns any land or has interest in any land as a tenant, make a declaration in the prescribed form which shall state that the applicant thereby creates a charge on such land or interest specified in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application and for all future advances, if any, required by him which the society may make to him as such member subject to such maximum as may be determined by the society together with interest on such amount of the loan and advances;\n(ii) any person who has borrowed a loan from a society of which he is a member before the date of the coming into force of this Act, and who owns any land or has any interest in land as a tenant shall, as soon as possible, make a declaration in the form and to the effect referred to in clause (i);\n(iii) a declaration made under clause (i) or clause (ii) may be varied at any time by a member with the consent of the society in favour of which such charge is created;\n(iv) no member shall alienate the whole or any part of the land or interest therein specified in the declaration made under clause (i) or clause (ii) until the whole amount borrowed by the member together with interest thereon is paid in full:\n(v) any alienation made in contravention of the provisions of clause (iv) shall be void;\n(vi) subject to the prior claims of the Government in respect of land revenue or any money recoverable as land revenue, there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (i) or clause (ii) for and to the extent of the dues owing by him on account of the loans and advances;\n(vii) the record of rights shall also include the particulars of every charge on land or interest created under a declaration under clause (i) or clause (ii) notwithstanding anything contained in any law relating to land revenue for the time being in force;\n(viii) any sum due to a society in consequence of charge created under a declaration under clause (i) or clause (ii) shall, on application for its recovery being made by such society accompanied by a certificate signed by the Registrar, be recoverable by the Collector, according to the law and under the rules for the time being in force for the recovery of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "38",
            "title": "38. Charge and set-off in respect of share or contribution or interest of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "39",
            "title": "39. Share or contribution or interest not liable to attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "40",
            "title": "40. Register of members.",
            "chapter": null,
            "content": "(a) the date on which any person entered in such register or list became a member;\n(b) the date on which any such person ceased to be a member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "41",
            "title": "41. Admissibility of copy of entry as evidence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "42",
            "title": "42. Exemption from compulsory registration of instruments.",
            "chapter": null,
            "content": "(1) any instrument relating to shares in a co-operative society notwithstanding that the assets of the society consist in whole or in part of immovable property; or\n(2) any debenture issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property, except in so far as it entitles the holder thereof to the security afforded by a registered instrument whereby the society has mortgaged, conveyed, or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or\n(3) an endorsement upon or transfer of any debenture issued by any such society.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "43",
            "title": "43. Exemption from certain taxes, fees and duties.",
            "chapter": null,
            "content": "(a) the stamp duty chargeable under any law for the time being in force in respect of any instrument executed by or on behalf of a co-operative society or by an officer or member thereof and relating to the business of such society or any class of such instruments or in respect of any award or order made under this Act, in cases, where, but for such remission the co-operative society, officer or member, as the case may be, would be liable to pay such stamp duty;\n(b) any fee payable under any law for the time being in force relating to the registration of documents or court-fee.\n(a) land revenue;\n(b) taxes on agricultural income;\n(c) taxes on sale or purchase of goods; and\n(d) taxes on professions, trades, callings and employments.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "44",
            "title": "44. Deduction from salary to meet co-operative society’s claim in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "45",
            "title": "45. Other forms of State aid to co-operative societies.",
            "chapter": null,
            "content": "(a) subscribe to the share capital of a co-operative society;\n(b) give loans or make advances to co-operative societies;\n(c) guarantee the repayment of principal and payment of interest on debentures issued by a co-operative society;\n(d) guarantee the repayment of share capital of a co-operative society and dividends thereon at such rates as may be specified by the Central Government;\n(e) guarantee the repayment of principal and payment of interest on loans and advances to a co-operative society; and\n(f) give financial assistance in any other form, including subsidies, to any co-operative society.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "CHAPTER VI",
            "chapter": "CHAPTER VI",
            "content": "Properties and Funds of Co-Operative Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "46",
            "title": "46. Funds not to be divided by way of profit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "47",
            "title": "47. Contribution to charitable purpose.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "48",
            "title": "48. Contribution to Co-operative Education Fund.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "49",
            "title": "49. Investment of funds.",
            "chapter": null,
            "content": "(a) in the post office savings bank; or\n(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (2 of 1882); or\n(c) in the shares or securities of any other co-operative society; or\n(d) with any bank carrying on the business of banking approved for this purpose by the Registrar; or\n(e) in any other mode permitted by the rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "50",
            "title": "50. Restrictions on loans.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "51",
            "title": "51. Restrictions on borrowings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "52",
            "title": "52. Restrictions on other transactions with non-members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "CHAPTER VII",
            "chapter": "CHAPTER VII",
            "content": "Audit, Inquiry, Inspection and Surcharge",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "53",
            "title": "53. Audit.",
            "chapter": null,
            "content": "(a) to summon at the time of his audit any officer, agent, servant or member of the society, past or present, who he has reason to believe can give valuable information in regard to transactions of the society or the management of its affairs; and\n(b) to require the production of any book or document relating to the affairs of, or any cash or securities belonging to, the society by any officer, agent, servant, or member in possession of such books, documents, cash or securities and in the event of serious irregularities discovered during audit, to take them into custody.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "54",
            "title": "54. Inspection of societies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "55",
            "title": "55. Inquiry by Registrar.",
            "chapter": null,
            "content": "(a) he shall at all times have, for purpose of examination, free access to the books, accounts, cash and other properties belonging to or in the custody of the society and may summon any person in possession or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, at any place specified by him;\n(b) he may, notwithstanding any rule or bye-law specifying the period of notice for a general meeting of the society, require the officers of the society to call a general meeting at such time and place at the headquarters of the society to consider such matters, as may be directed by him; and where the officers of the society refuse or fail to call such a meeting he shall have power to call it himself;\n(c) he may summon any person who is reasonably believed by him to have any knowledge of the affairs of the society to appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "56",
            "title": "56. Inspection of books of indebted societies.",
            "chapter": null,
            "content": "(a) satisfies the Registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and\n(b) deposits with the Registrar such sum as security for the costs of proposed inspection as the Registrar may require.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "57",
            "title": "57. Costs of inquiry.",
            "chapter": null,
            "content": "(a) no order of the apportionment of the costs shall be made under this section unless the society or the person liable to pay the costs thereunder has had a reasonable opportunity of being heard;\n(b) the Registrar shall state in writing under his own hand the grounds on which the costs are apportioned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "58",
            "title": "58. Recovery of costs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "59",
            "title": "59. Surcharge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "CHAPTER VIII",
            "chapter": "CHAPTER VIII",
            "content": "Settlement of Disputes",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "60",
            "title": "60. Disputes which may be referred to arbitration.",
            "chapter": null,
            "content": "(a) among members, past members and persons claiming through members, past members and deceased members, or\n(b) between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society or liquidator, past or present, or\n(c) between the society or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent, or deceased employee of the society, or\n(d) between the society and any other co-operative society, between a society and liquidator of another society or between the liquidator of one society and the liquidator of another society, such disputes shall be referred to the Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute.\n(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;\n(b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not;\n(c) any dispute arising in connection with the election of any officer of a society other than a society mentioned in sub-section (1) of section 31.\n(i) when the dispute relates to the recovery of any sum including interest thereon due to a co-operative society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society;\n(ii) save as otherwise provided in sub-clause (iii), when the dispute relates to any act or omission on the part of any of the parties referred to in clause (b) or clause (c) of sub-section (1), be six years from the date on which the act or omission with reference to which the dispute arose, took place;\n(iii) when the dispute relates to a co-operative society which has been ordered to be wound up under section 63 or in respect of which an administrator has been appointed under section 32, be six years from the date of the order issued under section 63 or section 32, as the case may be;\n(iv) when the dispute is in respect of an election of an officer of a co-operative society other than a society referred to in sub-section (1) of section 31, be one month from the date of the declaration of the result of the election.\n(b) The period of limitation in the case of any other dispute except those mentioned in the foregoing clause which are required to be referred to the Registrar under the last preceding section shall be regulated by the provisions of the Limitation Act, 1963 (36 of 1963), as if the dispute was a suit and the Registrar a civil court.\n(c) Notwithstanding anything contained in clauses (a) and (b), the Registrar may admit a dispute after the expiry of the period of limitation, if the applicant satisfies the Registrar that he had sufficient cause for not referring the dispute within such period and the dispute so admitted shall be a dispute which shall not be barred on the ground that the period of limitation has expired.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "61",
            "title": "61. Reference of disputes to arbitration.",
            "chapter": null,
            "content": "(a) decide the dispute himself, or\n(b) transfer if for disposal to any person who has been invested by the Lieutenant-Governor with powers in that behalf, or\n(c) refer it for disposal to one arbitrator.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "62",
            "title": "62. Power of financing bank to proceed.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "71",
            "title": "CHAPTER IX",
            "chapter": "CHAPTER IX",
            "content": "Winding UP of Co-Operative Societies",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "63",
            "title": "63. Winding up of co-operative societies.",
            "chapter": null,
            "content": "(a) where it is a condition of the registration of the society that the society shall consist of at least ten members and the number of members has been reduced to less than ten, or\n(b) where the co-operative society has not commenced working or has ceased to function in accordance with co-operative principles.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        },
        {
            "number": "64",
            "title": "64. Winding up of co-operative banks at the direction of the Reserve Bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 72
        },
        {
            "number": "65",
            "title": "65. Reimbursement to the Deposit Insurance Corporation by the liquidator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 73
        },
        {
            "number": "66",
            "title": "66. Liquidator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 74
        },
        {
            "number": "67",
            "title": "67. Powers of liquidator.",
            "chapter": null,
            "content": "(a) to institute and defend suits and other legal proceedings on behalf of the co-operative society by the name of his office;\n(b) to determine from time to time the contribution (including debts due and costs of liquidation) to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the society;\n(c) to investigate all claims against the co-operative society and subject to the provisions of this Act, to decide questions of priority arising between claimants;\n(d) to pay claims against the co-operative society including interest up to the date of winding up according to their respective priorities, if any, in full or rateably, as the assets of the society may permit; the surplus, if any, remaining after payment of the claims being applied in payment of interest from the date of such order of winding up at a rate fixed by him but not exceeding the contract rate in any case;\n(e) to determine by what persons and in what proportions the costs of the liquidation are to be borne;\n(f) to determine whether any person is a member, past member or nominee of deceased member;\n(g) to give such directions in regard to the collection and distribution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society;\n(h) to carry on the business of the society so far as may be necessary for the beneficial winding up of the same;\n(i) to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging to have any claim, present or future, whereby the society may be rendered liable;\n(j) to make any compromise or arrangement with any person between whom and the society there exists any dispute and to refer any such dispute to arbitration;\n(k) after consulting the members of the society, to dispose of the surplus, if any, remaining after paying the claims against the society, in such manner as may be prescribed; and\n(l) to compromise all calls or liabilities to calls and debts and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, subsisting or supposed to subsist between the society and a contributory or alleged contributory or other debtor or person apprehending liability to the co-operative society and all questions in any way relating to or affecting the assets or the winding up of the society on such terms as may be agreed and take any security for the discharge of any such call, liability, debt or claim and give a complete discharge in respect thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 75
        },
        {
            "number": "68",
            "title": "68. Priority of contributions assessed by liquidator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 76
        },
        {
            "number": "69",
            "title": "69. Power of Registrar to cancel registration of a co-operative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 77
        },
        {
            "number": "79",
            "title": "CHAPTER X",
            "chapter": "CHAPTER X",
            "content": "Execution of Awards, Decrees, Orders and Decisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 78
        },
        {
            "number": "70",
            "title": "70. Enforcement of charge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 79
        },
        {
            "number": "71",
            "title": "71. Execution of orders, etc.",
            "chapter": null,
            "content": "(a) where the decision, award or order provides for the recovery of money, be executed according to the law for the time being in force relating to the recovery of land revenue:\n(b) in any other case be executed by the Registrar or any person subordinate to him and empowered by the Registrar in this behalf, in the same manner as is provided in the case of a civil court by the Code of Civil Procedure, 1908 (5 of 1908).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "72",
            "title": "72. Execution of orders of liquidator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 81
        },
        {
            "number": "73",
            "title": "73. Attachment before award.",
            "chapter": null,
            "content": "(a) dispose of the whole or any part of the property; or\n(b) remove the whole or any part of the property from the local limits of the jurisdiction of the Registrar, the Registrar may, unless adequate security is furnished, direct the conditional attachment of the said property or such part thereof as he thinks necessary. Such attachment shall be executed by a civil court having jurisdiction in the same way as an attachment order passed by itself and shall have the same effect as such an order:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 82
        },
        {
            "number": "74",
            "title": "74. Registrar or person empowered by him to be civil court for certain purposes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 83
        },
        {
            "number": "75",
            "title": "75. Recovery of sums due to Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 84
        },
        {
            "number": "86",
            "title": "CHAPTER XI",
            "chapter": "CHAPTER XI",
            "content": "Appeals And Revision",
            "footnote": "",
            "is_definition": false,
            "sort_order": 85
        },
        {
            "number": "76",
            "title": "76. Appeals.",
            "chapter": null,
            "content": "(a) an order of the Registrar made under sub-section (2) of section 9 refusing to register a society;\n(b) an order of the Registrar made under sub-section (4) of section 11 refusing to register an amendment of the bye-laws of a co-operative society;\n(c) an order of the Registrar made under sub-section (1) of section 16;\n(d) a decision of a co-operative society refusing to admit any person as a member of the society who is otherwise duly qualified for membership under the bye-laws of the society;\n(e) a decision of a co-operative society expelling any of its members;\n(f) an order of the Registrar removing the committee of a co-operative society made under section 32;\n(g) an order made by the Registrar under section 57 apportioning the costs of an enquiry held under section 55 or an inspection made under section 56;\n(h) any order of surcharge under section 59;\n(i) any decision or award made under section 61;\n(j) an order made by the Registrar under section 63 directing the winding up of a co-operative society;\n(k) any order made by the liquidator of a co-operative society in exercise of the powers conferred on him by section 67;\n(l) any order made under section 73.\n(a) if the decision or order falls under clause (g), (h), (i) or (l) of sub-section (1), to the Tribunal;\n(b) if the decision or order falls under clause (f), to the Lieutenant-Governor;\n(c) in any other case, to the Lieutenant-Governor or the Registrar according as the decision or order was made by the Registrar or any other person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 86
        },
        {
            "number": "77",
            "title": "77. No appeal or revision in certain cases.",
            "chapter": null,
            "content": "(i) a co-operative bank is being wound up; or\n(ii) in respect of which a scheme of amalgamation or reorganisation is given effect to; or\n(iii) in respect of which an order for the supersession of the committee and the appointment of an administrator therefor has been made, no appeal, revision or review there against shall lie or be permissible, and the sanction or requisition of the Reserve Bank shall not be liable to be called in question.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 87
        },
        {
            "number": "78",
            "title": "78. Delhi Co-operative Tribunal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 88
        },
        {
            "number": "79",
            "title": "79. Review of orders of Tribunal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 89
        },
        {
            "number": "80",
            "title": "80. Revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "81",
            "title": "81. Interlocutory orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 91
        },
        {
            "number": "93",
            "title": "CHAPTER XII",
            "chapter": "CHAPTER XII",
            "content": "Offences and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 92
        },
        {
            "number": "82",
            "title": "82. Offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 93
        },
        {
            "number": "83",
            "title": "83. Cognizance of offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 94
        },
        {
            "number": "84",
            "title": "84. Address of societies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 95
        },
        {
            "number": "85",
            "title": "85. Copy of Act, rules and bye-laws, etc., to be open to inspection.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 96
        },
        {
            "number": "86",
            "title": "86. Prohibition against the use of the word \"co-operative\".",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 97
        },
        {
            "number": "87",
            "title": "87. Power to exempt societies from conditions as to registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 98
        },
        {
            "number": "88",
            "title": "88. Power to exempt co-operative societies from provisions of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 99
        },
        {
            "number": "89",
            "title": "89. Liquidator to be public servant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "90",
            "title": "90. Notice necessary in suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 101
        },
        {
            "number": "91",
            "title": "91. Companies Act not to apply.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 102
        },
        {
            "number": "92",
            "title": "92. Saving of existing societies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 103
        },
        {
            "number": "93",
            "title": "93. Bar of jurisdiction of courts.",
            "chapter": null,
            "content": "(a) the registration of a co-operative society or its bye-laws or of an amendment of a bye-law;\n(b) the removal of a committee;\n(c) any dispute required under section 60 to be referred to the Registrar; and\n(d) any matter concerning the winding up and the dissolution of a co-operative society.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 104
        },
        {
            "number": "94",
            "title": "94. Powers of civil court.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of any document;\n(c) proof of facts by affidavits; and\n(d) issuing commissions for examination of witnesses.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 105
        },
        {
            "number": "95",
            "title": "95. Indemnity.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 106
        },
        {
            "number": "96",
            "title": "96. Qualifications, remuneration and other conditions of service of employees of co-operative societies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 107
        },
        {
            "number": "97",
            "title": "97. Rules.",
            "chapter": null,
            "content": "(i) the maximum number of shares or portion of the capital of a co-operative society which may, subject to the provisions of section 6, be held by a member;\n(ii) the form to be used and the conditions to be complied with in the making of applications for the registration of a society and the procedure in the matter of such applications;\n(iii) the procedure and conditions for change in the form and extent of the liability of a co-operative society;\n(iv) the matters in respect of which the society may or shall make bye-laws and for the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation;\n(v) the conditions to be complied with by persons applying for admission or admitted as members, for the election and admission of members, and for the payment to be made and the interest to be acquired before the exercise of the right of membership;\n(vi) the manner in which funds may be raised by means of shares and debentures or otherwise;\n(vii) for general meeting of the members and for the procedure at such meetings and the powers to be exercised by such meetings;\n(viii) the prohibitions and restrictions subject to which societies may transact business with persons who are not members;\n(ix) the proportion of individuals and societies in the constitution of the committee of management and the general body of a co-operative society of which another co-operative society is a member;\n(x) the determination of co-operative societies or class of co-operative societies for the purpose of sub-section (1) of section 31, and subject to the provisions of the said section, the election and nomination of members of committees, the appointment or election of officers and the suspension and removal of the members and other officers, and for the powers to be exercised and the duties to be performed by the committees and other officers;\n(xi) the area of agricultural land, the conditions required to be fulfilled for the purpose of sub-section (6) of section 31;\n(xii) the appointment and regulation of work entrusted to person or persons replacing the committee in pursuance of section 32;\n(xiii) prohibiting a co-operative society from electing a defaulting member on its committee or to be its representative;\n(xiv) the accounts and books to be kept by a co-operative society and the audit of such accounts and the charges, if any, to be made for such audit, and for the periodical publication of a balance-sheet showing the assets and liabilities of a co-operative society;\n(xv) the returns to be submitted by a co-operative society to the Registrar, the persons by whom and the form in which such returns shall be submitted and in case of failure to submit any such returns for the levy of expenses of preparing it;\n(xvi) the persons by whom and the form in which copies of the entries in books of societies may be certified and for the charges to be levied for the supply of such copies;\n(xvii) the formation and maintenance of a register of members and where the liability of the members is limited by shares, of a register of shares;\n(xviii) the appointment of an arbitrator to decide disputes;\n(xix) the procedure to be followed in proceedings before the Registrar, arbitrator or other persons deciding disputes including the appointment of a guardian for a party to the dispute who is a minor or who, by reason of unsoundness of mind or mental infirmity, is incapable of protecting his interests, and the levy of the expenses relating to such proceeding;\n(xx) the withdrawal and expulsion of members and for the payments, if any, to be made to members who withdraw or are expelled and for the liability of past members and of the estates of deceased members;\n(xxi) the mode in which the value of a deceased member’s share or interest shall be ascertained and for the nomination of a person to whom such share or interest may be paid or transferred;\n(xxii) the payments to be made and conditions to be complied with by members applying for loans, the period for which any loans may be made and the maximum amount may be lent, to any member;\n(xxiii) the formation and maintenance of reserve funds and other funds and the objects to which such funds may be applied, and for the investment of any funds under the control of a co-operative society;\n(xxiv) the extent to which a co-operative society may limit the number of its members;\n(xxv) the conditions under which profits may be distributed to the members of a co-operative society with unlimited liability, and the maximum rate of dividend which may be paid by co-operative societies;\n(xxvi) the calculation and writing off of bad debts by co-operative societies;\n(xxvii) the procedure to be followed by a liquidator appointed under section 66 in respect of provisions of section 67;\n(xxviii) the procedure to be followed in presenting and disposing of appeals under this Act;\n(xxix) the form of orders referred to in sections 71 and 72;\n(xxx) qualifications of the members of the Tribunal;\n(xxxi) the issue and service of processes and for proof of service thereof;\n(xxxii) the manner of effecting attachment;\n(xxxiii) the custody, preservation and sale of property under attachment;\n(xxxiv) the investigation of claims by persons other than the defaulter to any right or interest in the attached property, and for the postponement of the sale pending such investigation;\n(xxxv) the immediate sale of perishable articles;\n(xxxvi) the inspection of documents in the office of the Registrar or of any other officer or authority and the levy of fees for granting certified copies of the same;\n(xxxvii) the terms and conditions on which the Central Government may make share-capital contribution or give assistance, financial or other, to societies and the terms and conditions on which the Central Government may guarantee the payment of the principal or interest on debentures issued by societies or loans raised by them;\n(xxxviii) the manner in which funds may be raised by a society or a class of societies by means of shares or debentures of otherwise and the quantum of funds so raised;\n(xxxix) for giving reasonable notice of the charge under sections 36 and 37;\n(xl) qualifications, remuneration, allowances and recruitment and the conditions of service of officers and other employees of a society or class of societies;\n(xli) the method of communicating or publishing any order, decision or award required to be communicated or published under this Act or the rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 108
        },
        {
            "number": "98",
            "title": "98. Repeal and savings.",
            "chapter": null,
            "content": "(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or\n(b) any right, privilege, obligation, or liability acquired, accrued or incurred under the Act so repealed; or\n(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or\n(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture of punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if that Act has not been repealed.(Delhi Act 9 of 2005)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 109
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 1st January, 2020 [dl195]",
        "Act Number": "(Delhi Act No. 35 of 1972)",
        "Enactment Date": "",
        "Act Year": "1972",
        "Short Title": "Delhi Co-operative Societies Act, 1972",
        "Type": "UNION_TERRITORY",
        "Location": "Delhi"
    },
    "updated_at": "2026-09-29 21:55:22"
}