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THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003
THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003
Sections
An ACT
Section 1CHAPTER - I - PRELIMINARY
Section 2Section 1. Short title, extent and commencement.
Section 1Section 2. Definitions.
Section 2CHAPTER - II - Registration of Co-operative Societies
Section 5Section 3. Registrar.
Section 3Section 4. Co-operative societies which may be registered.
Section 4Section 5. Restrictions on registration.
Section 5Section 6. Restrictions on holding of shares.
Section 6Section 7. Application for registration.
Section 7Section 8. Power of the Registrar to decide certain questions.
Section 8Section 9. Registration.
Section 9Section 10. Registration certificate.
Section 10Section 11. Bye-laws of co-operative societies.
Section 11Section 12. Amendment of bye-laws of a co-operative society and compulsory.
Section 12Section 13. When amendments of bye-laws come into force.
Section 13Section 14. Change of name.
Section 14Section 15. Change of liability.
Section 15Section 16. Amalgamation, transfer of assets and liabilities and division of co-operative.
Section 16Section 17. Power to direct amalgamation, division and re-organisation in public interest,.
Section 17Section 18. Registrar to prepare scheme of amalgamation of co-operative bank in certain.
Section 18Section 19. Liability of a co-operative bank to the Deposit Insurance Corporation.
Section 19Section 20. Cancellation of registration certificate of the co-operative societies in certain.
Section 20Section 21. Classification.
Section 21CHAPTER - III - Members of Co-operative Societies and their Rights and liabilities
Section 25Section 22. Persons who may become members.
Section 22Section 23. Nominal or associate or joint member.
Section 23Section 24. Member not to exercise rights till due payment made.
Section 24Section 25. Votes of members.
Section 25Section 26. Manner of exercising vote.
Section 26Section 27. Restriction on transfer of shares or interest.
Section 27Section 28. Transfer of interest on death of member.
Section 28Section 29. Liability of past member and estate of deceased member.
Section 29CHAPTER - IV - Management of Co-operative societies
Section 34Section 30. Final authority in a co-operative society.
Section 30Section 31. Annual general body meeting.
Section 31Section 32. Returns to be filed to the Registrar after annual general body meeting.
Section 32Section 33. Special general body meeting.
Section 33Section 34. Constitution of committee.
Section 34Section 35. Election and nomination of members of committee.
Section 35Section 36. Removal of committee or its officer.
Section 36Section 37. Supersession of committee.
Section 37Section 38. Securing possession of records, etc.
Section 38Section 39. Acts of co-operative society not to be invalidated by certain defects.
Section 39Section 40. Expulsion of members.
Section 40Section 41. Cessation of membership of co-operative society.
Section 41Section 42. Directions by the Registrar for successful conduct of business.
Section 42CHAPTER - V - Privileges of Co-operative Societies
Section 48Section 43. Co-operative society to be body corporate.
Section 43Section 44. First charge of co-operative society on certain movable assets of member for.
Section 44Section 45. Charge on immovable property of member borrowing loans from certain co-.
Section 45Section 46. Charge and set-off in respect of share or contribution or interest of members.
Section 46Section 47. Share or contribution or interest not liable to attachment.
Section 47Section 48. Register of members.
Section 48Section 49. Admissibility of copy of entry as evidence.
Section 49Section 50. Exemption from compulsory registration of instruments.
Section 50Section 51. Exemption from certain taxes, fees and duties.
Section 51Section 52. Deduction from salary to meet co-operative society's claim in certain cases.
Section 52CHAPTER - VI - Properties and funds of Co-operative Societies
Section 59Section 53. Funds other than net profits not to be divided among members.
Section 53Section 54. Contribution to charitable purpose.
Section 54Section 55. Contribution to Co-operative Education Fund.
Section 55Section 56. Investment of funds.
Section 56Section 57. Restrictions on loans.
Section 57Section 58. Restrictions on borrowings.
Section 58Section 59. Restrictions on other transactions with non-members.
Section 59CHAPTER - VII - Audit, inquiry, inspection and surcharge
Section 67Section 60. Audit.
Section 60Section 61. Inspection of co-operative societies.
Section 61Section 62. Inquiry by the Registrar.
Section 62Section 63. Inspection of books of indebted co-operative societies.
Section 63Section 64. Cost of inquiry.
Section 64Section 65. Recovery of cost.
Section 65Section 66. Surcharge.
Section 66Section 67. Rectification of defects in audit, inquiry or inspection.
Section 67Section 68. Power to summon and examine documents and persons, etc.
Section 68Section 69. Maintenance of accounts and books, etc.
Section 69CHAPTER - VIII - Settlement of Disputes
Section 78Section 70. Disputes which may be referred for arbitration.
Section 70Section 71. Reference of disputes to arbitration.
Section 71Section 72. Power of financing bank and federal co-operative society to proceed.
Section 72CHAPTER - IX - Special provisions for Co-operative Housing Societies
Section 82Section 73. Application of this chapter.
Section 73Section 74. Definitions.
Section 74Section 75. Limit on membership.
Section 75Section 76. Rights and privileges of members on allotment of plot or dwelling unit in a.
Section 76Section 77. Allotment of plots, flats or houses through draw of lots.
Section 77Section 78. Provision for nomination.
Section 78Section 79. Restriction on transfer of share or interest of a member.
Section 79Section 80. Permission for transfer of occupancy right not to be ordinarily refused and.
Section 80Section 81. Creation, maintenance and utilisation of building and replacement fund.
Section 81Section 82. Registration of mortgage in favour of co-operative housing society or apex.
Section 82Section 83. Settlement of disputes.
Section 83Section 84. Recovery of outgoings and arrears of dues as arrears of land revenue.
Section 84Section 85. Recovery of dues and foreclosures.
Section 85Section 86. Expulsion of a member.
Section 86Section 87. Additional grounds for Cessation of membership of co-operative housing.
Section 87Section 88. Management of co-operative housing societies.
Section 88Section 89. Maintenance of essential services in co-operative housing societies.
Section 89Section 90. Co-operative housing society to maintain register of its properties with.
Section 90Section 91. Special provision for regularisation of occupancy right of persons who have.
Section 91Section 92. Execution of housing project.
Section 92Section 93. Management of co-operative housing complex by co-operative societies.
Section 93Section 94. House building co-operative societies which have achieved their objectives.
Section 94CHAPTER - X - Winding up of co-operative societies
Section 105Section 95. Dissolution of co-operative society by members.
Section 95Section 96. Dissolution of co-operative society by the Registrar.
Section 96Section 97. Winding up of co-operative banks at the direction of the Reserve Bank.
Section 97Section 98. Re-imbursement to the Deposit Insurance and Credit Guarantee by the.
Section 98Section 99. Appointment of liquidator.
Section 99Section 100. Duties of liquidator.
Section 100Section 101. Powers of liquidator.
Section 101Section 102. Disposal of surplus assets of liquidated co-operative societies.
Section 102Section 103. Final accounts.
Section 103CHAPTER - XI - Execution of awards, decrees, orders and decisions
Section 115Section 104. Enforcement of charge.
Section 104Section 105. Execution of orders, etc.
Section 105Section 106. Execution of orders of liquidator.
Section 106Section 107. Attachment before award.
Section 107Section 108. Recovery of debt.
Section 108Section 109. Registrar or person empowered by him to be civil court for certain.
Section 109Section 110. Recovery of sums due to Government.
Section 110Section 111. Special powers of Registrar for recovery of amount recoverable as arrears of.
Section 111CHAPTER - XII - Appeals, Revision and review
Section 124Section 112. Appeals.
Section 112Section 113. No appeal or revision in certain cases.
Section 113Section 114. Delhi Co-operative Tribunal.
Section 114Section 115. Review.
Section 115Section 116. Revision.
Section 116Section 117. Interlocutory orders.
Section 117CHAPTER - XIII - Offences and penalties
Section 131Section 118. Offences and penalties.
Section 118Section 119. Prohibition of the use of the word `co-operative' or its equivalent.
Section 119Section 120. Punishment for offences not otherwise provided for.
Section 120Section 121. Cognizance of offences.
Section 121Section 122. Presumption as to commission of offence in certain cases.
Section 122Section 123. Presumption as to statements.
Section 123Section 124. Address of co-operative society.
Section 124Section 125. Copy of Act, rules and bye-laws, etc. to be open for inspection.
Section 125Section 126. Power to exempt co-operative societies from conditions as to registration.
Section 126Section 127. Power to exempt co-operative societies from the provisions of the Act.
Section 127Section 128. Officers and employees to be public servants.
Section 128Section 129. Notice necessary in suits.
Section 129Section 130. Companies Act not to apply.
Section 130Section 131. Saving of existing co-operative societies.
Section 131Section 132. Bar of jurisdiction of civil or revenue courts.
Section 132Section 133. Powers of civil Court.
Section 133Section 134. Indemnity.
Section 134Section 135. Service rules for employees of co-operative societies.
Section 135CHAPTER - XIV - Rules and Miscellaneous provisions
Section 150Section 136. Power to delegate.
Section 136Section 137. Power to make rules.
Section 137Section 138. Power of the Registrar to give directions to the co-operative banks.
Section 138Section 139. Right to information.
Section 139Section 140. Act to override other laws.
Section 140Section 141. Repeal and savings.
Section 141Section 142. Removal of difficulties.
Section 142THE FIRST SCHEDULE
Section 158
the-delhi-co-operative-societies-act-2003.json
•
158 Sections
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Delhi
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"title": "THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003",
"short_title": "THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003",
"act_number": "3",
"act_year": 2004,
"act_type": "STATE",
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"enactment_date": "2004-03-03",
"description": "THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003",
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"number": "1",
"title": "An ACT",
"chapter": null,
"content": "\"THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003\" (DELHI ACT 3 OF 2004) \n(As passed by the Legislative Assembly of the National Capital Territory of Delhi on the 29th July, 2003) \n[3rd March, 2004} \n \nAn Act to consolidate and amend the laws relating to co-operative societies, to facilitate \nthe voluntary formation and democratic functioning of cooperatives as people's \ninstitutions based on self help and mutual aid to enable them to promote their economic \nand social betterment and to provide for better regulation, management, functional \n\nautonomy of such societies and for matters connected therewith or incidental thereto in \nthe National Capital Territory of Delhi. \n \nBe it enacted by Legislative Assembly of the National Capital Territory of Delhi in \nthe Fifty-fourth Year of the Republic of India as follows :-",
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"number": "2",
"title": "CHAPTER - I - PRELIMINARY",
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"number": "1",
"title": "Section 1. Short title, extent and commencement.",
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"content": "(1) This Act may be called the Delhi Co-operative Societies Act, 2003. \n (2) It extends to the whole of the National Capital Territory of Delhi. \n (3) It shall come into force on such date as the Government may, by notification in the \nofficial Gazette, appoint.",
"footnote": "",
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"number": "2",
"title": "Section 2. Definitions.",
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"content": "In this Act, unless the context otherwise requires, - \n(a) Omitted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005 \n(b) \"area of operation\" means the area of Delhi from which the membership is drawn; \n(‘and’ Omitted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) \n(c) \"bye-laws\" means the registered bye-laws for the time being in force and includes \nregistered or deemed amendments of such bye-laws; \n(d) \"Collector\" shall have the same meaning as is assigned to it in the General \nClauses Act, 1897 (10 of 1897). \n(e) \"committee' means the governing body of a co-operative society by whatever \nname called, to which the management of the affairs of the co-operative society \nis entrusted; \n(f) \"co-operative bank\" means a bank as defined under section 5 as amended by \nsection 56 of the Banking Regulations Act, 1949 ( 10 of 1949); \n(g) \"co-operative principles\" means the co-operative principles specified in the \nSchedule to this Act; \n\n(h) \"co-operative society\" means a society registered or deemed to be registered \nunder this Act; \n(i) \"co-operative year\" means the year ending on the 31st day of March; \n(j) \"Delhi\" means the National Capital Territory of Delhi; \n(k) \"Deposit Insurance Corporation\" means the Deposit Insurance and Credit \nGuarantee Corporation established under section 3 of the Deposit Insurance and \nCredit Guarantee Corporation Act, 1961 (47 of 1961); \n(l) \"Divisional Commissioner\" means an officer appointed by the Government as such \npossessing the powers of the Collector and the District Magistrate under the \nrelevant laws for the time being in force. \n(m) \"federal co-operative society\" means a co-operative society whose membership \nis available only to co-operative societies and in the case of a federal co- \noperative society formed with the main objective to propagate and promote \nactivities in the field of art, culture, education, information technology, training, \nindustry, etc., shall also include experts in the respective fields in individual \ncapacity not exceeding one-fifths of the total strength of such society or twenty, \nwhichever is less; \n(n) \"financing bank\" means a co-operative bank the objects of which include the \ncreation of funds to be lent to other co-operative societies; \n(o) \"general body\" in relation to a primary co-operative society means all the \nmembers of that co-operative society and in relation to a federal co-operative \nsociety, means all the delegates of the member co-operative societies and the \nindividual members as per clause (m); \n(p) \"Government\" means the Lieutenant Governor of the National Capital Territory of \nDelhi appointed by the President under article 239 and designated by such under \narticle 239 AA of the Constitution; \n(q) \"Lieutenant-Governor\" means the Administrator of National Capital Territory of \nDelhi appointed by the President under article 239 of the Constitution; \n(r) \"member\" means a person joining in the application for the registration of a co-\noperative society and a person admitted to membership after such registration in \naccordance with this Act, the rules and the bye-laws, and includes a nominal or \nassociate or joint member and the Government when it subscribes to the share \ncapital of a co-operative society; \n(s) \"NABARD\" means the National Bank of Agriculture and Rural Development \nconstituted under the National Bank for Agriculture and Rural Development Act, \n1981 (61 of 1981); \n(t) ``officer'' means the president, vice-president, chairman, vice-chairman, managing \ndirector, secretary, manager, member of committee, treasurer, liquidator, \nadministrator and includes any other person empowered under this Act, the rules \nor the bye-laws, to give directions in regard to the business of a co-operative \nsociety; \n\n(u) \"prescribed'' means prescribed by rules made under this Act; \n(v) \"primary co-operative society\" means a co-operative society in which individuals \nare members; \n(w) \"Registrar\" means a person appointed to perform the functions of the Registrar of \nco-operative societies under this Act and includes any person appointed to assist \nthe Registrar when exercising all or any of the powers of the Registrar; \n(x) \"Reserve Bank\" means the Reserve Bank of India constituted under sub-section \n(1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934); \n(y) \"rule\" means a rule made under this Act; \n(z) \"section\" means a section of this Act; \n(za) \"Sub-divisional Magistrate\" means an Executive Magistrate appointed under the \nCode of Criminal Procedure, 1973 (2 of 1974) and posted by the Government to \nbe in-charge of the sub-division; \n(zb) \"Tribunal\" means the Delhi Co-operative Tribunal constituted under section 114.",
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{
"number": "5",
"title": "CHAPTER - II - Registration of Co-operative Societies",
"chapter": null,
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{
"number": "3",
"title": "Section 3. Registrar.",
"chapter": null,
"content": "(1) The Government may, by notification in the Official Gazette, appoint a person to \nbe the Registrar of co-operative societies for Delhi and may appoint other \npersons to assist him. \n(2) The Government may, by general or special order, confer on any person \nappointed to assist the Registrar all or any of the powers of Registrar under this \nAct. \n(3) Every person appointed to assist the Registrar shall exercise the powers \nconferred on him under sub-section(2) subject to the general guidance, \nsuperintendence and control of the Registrar. \n(4) The Government may, by notification in the Official Gazette and subject to such \nconditions as it may think fit to impose, confer all or any of the powers of the \nRegistrar under this Act on any federal co-operative society, or an officer of such \nfederal co-operative society, and every such federal co-operative society or \nofficer on whom the powers of the Registrar are so conferred shall exercise such \npowers under the general guidance, superintendence and control of the \nRegistrar. \nCo-operative societies which may be registered.",
"footnote": "",
"is_definition": false,
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{
"number": "4",
"title": "Section 4. Co-operative societies which may be registered.",
"chapter": null,
"content": "(1) Subject to the provisions hereinafter contained, a co-operative society which has its \nobject the promotion of economic, social and cultural interests of its members, in \naccordance with co-operative principles, or a co-operative society established \nwith the object of facilitating the operations of such a co-operative society, may \nbe registered under this Act with limited liability: \nProvided that a co-operative society shall be registered only if it fulfils the \nviability norms with limited liability as prescribed for a co-operative society or \nclass of co-operative societies to ensure that it is economically sound and its \nregistration may not adversely affect the development of co-operative movement. \n(2) The word \"limited\" or its equivalent in any Indian language shall be the last \nword in the name of every co-operative society registered under this Act with \nlimited liability.",
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"number": "5",
"title": "Section 5. Restrictions on registration.",
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"content": "No co-operative society shall be registered under this Act unless it consists of at least \nfifteen members who are qualified to be members under this Act and who reside in \nthe area of operation of the co-operative society : \nProvided that in the case of a primary co-operative society each of such \nmembers shall be a member of different family. \n\nExplanation .- For the purpose of this section the expression, \"member of a \nfamily\" means father, mother, wife, husband and dependent children.",
"footnote": "",
"is_definition": false,
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{
"number": "6",
"title": "Section 6. Restrictions on holding of shares.",
"chapter": null,
"content": "No member other than the Government or a co-operative society shall hold more than \nsuch portion of the share capital of a co-operative society subject to a maximum of \none-tenths, as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 80
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{
"number": "7",
"title": "Section 7. Application for registration.",
"chapter": null,
"content": "(1) For the purposes of registration, an application shall be made to the Registrar. \n(2) The application shall be signed - \n(a) in case of a co-operative society of which no member is a co-\noperative society, by at least fifteen persons qualified in \naccordance with the requirements of section 4; and \n(b) in case of a federal co-operative society of which a member is a \nco-operative society, by a duly authorised person on behalf of \nsuch co-operative society and where all the members of the \nfederal co-operative society are not co-operative societies, upto \none-fifths of total strength or twenty, whichever is less, of other \nmembers, by the minimum number of fifteen and where all \nmembers are co-operative societies by duly authorised persons \non behalf of fifteen different co-operative societies.",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "8",
"title": "Section 8. Power of the Registrar to decide certain questions.",
"chapter": null,
"content": "Where any question arises at the stage of registration whether for the purpose of this \nAct a person resides in the area of operation of a co-operative society or not, or \nwhether a co-operative society is of same type as another co-operative society or of \ndifferent type, the question shall be decided by the Registrar whose decision shall be \nfinal.",
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{
"number": "9",
"title": "Section 9. Registration.",
"chapter": null,
"content": "(1) If the Registrar is satisfied - \n(a) that the application complies with the provisions of this Act \nand the rules; \n(b) that the objects of the proposed co-operative society are in \naccordance with section 4; \n(c) that the proposed bye-laws are not contrary to the provisions \nof this Act and the rules; \n(d) that in case of co-operative bank prior written permission of \nthe Reserve Bank for registration has been received by the \nRegistrar; \n\n(e) that the proposed co-operative society has reasonable \nchances of success; the Registrar may register the co-operative \nsociety and its bye-laws.; \n(f) that in case of a co-operative housing society, the \nconfirmation of availability of land to the co-operative \nhousing society from the land allotting agency has been \nreceived by the Registrar. (Inserted vide Notification No. \nF.14(31)/LA-2004/16 dated 17/01/2005) \n(2) When the Registrar refuses to register a co-operative society, he shall \ncommunicate the order of refusal together with the reasons, therefor, to the \napplicant. \n(3) The application for registration shall be disposed of by the Registrar within a \nperiod of ninety days from the date of receipt thereof by him : \nProvided that if the Registrar is unable to dispose of the application within the \naforesaid period, he shall make a report to the Government stating therein the \nreasons for his inability to do so, and the Government may allow him further time \nnot exceeding ninety days to dispose of such application : \nProvided further that if the application for registration is not disposed of within \nthe aforesaid period of ninety days and the Registrar fails to communicate the \norder of refusal within that period, the application shall be deemed to have been \naccepted for registration and the Registrar shall issue the registration certificate \nin accordance with the provisions of this Act and the rules made thereunder.",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "10",
"title": "Section 10. Registration certificate.",
"chapter": null,
"content": "Where a co-operative society is registered or deemed to be registered under this Act, \nthe Registrar shall issue a certificate of registration signed by him, which shall be \nconclusive evidence that the co-operative society therein mentioned is duly \nregistered under this Act. \nBye-laws of co-operative societies.",
"footnote": "",
"is_definition": false,
"sort_order": 120
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{
"number": "11",
"title": "Section 11. Bye-laws of co-operative societies.",
"chapter": null,
"content": "(1) Every co-operative society may make its bye-laws consistent with the provisions \nof this Act and the rules made thereunder. \n(2) In particular and without prejudice to the generality of the foregoing power, such \nbye-laws may provide for all or any of the following matters, namely :- \n(a) The name, address and area of operation of the society; \n(b) the objects of the society; \n(c) the services to be provided to its members; \n(d) the eligibility for obtaining membership; \n(e) the procedure for obtaining membership; \n\n(f) the conditions for continuing as member; \n(g) the procedure for withdrawal of membership; \n(h) the transfer of membership; \n(i) the procedure for expulsion from membership; \n(j) the rights and duties of the members; \n(k) the nature and amount of capital of the society; \n(l) the manner in which the maximum capital to which a single member can \nsubscribe; \n(m) the sources from which the funds may be raised by a co-operative society; \n(n) the purpose for which the funds may be applied; \n(o) the manner of allocation or disbursement of net profits of co-operative society; \n(p) the constitution of various reserves; \n(q) the manner of convening general meetings and quorum thereof other than \nthose provided under this Act; \n(r) the procedure for notice and manner of voting in general and other meetings; \n(s) the procedure for amending the bye-laws; \n(t) the number of members of the committee not exceeding twenty one; \n(u) the term of office of elected members of a committee shall be three years; \n(v) the procedure for removal of members of the committee and for filling of \nvacancies; \n(w) the manner of convening committee meetings, its quorum, number of such \nmeetings in a year and venue of such meetings; \n(x) the frequency of committee meetings; \n(y) the powers and functions of the paid executive; \n(z) the manner of imposing the penalty; \n(za) the appointment, rights and duties of auditors and procedure for conduct of \naudit; \n\n(zb) the authorisation of officers to sign documents, operate of bank accounts \nand to institute and defend suits and other legal proceedings on behalf of the \nsociety; \n(zc) the terms on which a co-operative society may deal with persons other than \nmembers; \n(zd) the terms on which a co-operative society may associate with other co-\noperative societies; \n(ze) the terms on which a co-operative society may deal with organisations other \nthan co-operative societies; \n(zf) the procedure and manner for transfer of shares and interest in the name of a \nnominee in case of death of a member; \n(zg) the educational and training programmes to be conducted by the co-\noperative society; \n(zh) the principal place and other places of business of the co-operative society; \n(zi) the minimum level of services, to be used by its members; \n(zj) any other matter which may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 130
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{
"number": "12",
"title": "Section 12. Amendment of bye-laws of a co-operative society and compulsory.",
"chapter": null,
"content": "(1) No amendment of any bye-laws of a co-operative society shall be valid unless \nsuch amendment has been registered or deemed to have been registered under \nthis Act. \n(2) Every proposal for such amendment approved by the general body and \ncomplete in all respect as prescribed shall be forwarded to the Registrar within \nthirty days of approval of the general body and if the Registrar is satisfied that the \nproposed amendment - \n(a) is not contrary to the provisions of this Act and the rules; \n(b) does not conflict with the co-operative principles; and \n(c) will promote the economic, social and cultural interests of the members of the \nco-operative society; he may register the amendment : \nProvided that in case of amendment of bye-laws of a co-operative bank, prior \napproval in writing of the Reserve Bank shall be necessary. \n(3) The Registrar shall forward to the co-operative society a copy of the \nregistered amendment together with a certificate signed by him and such \ncertificate shall be conclusive evidence that the amendment has been duly \nregistered. \n\n(4) Where the Registrar refuses to register an amendment of bye-laws of a co-\noperative society, he shall communicate the order of refusal together with the \nreasons therefor, to the co-operative society in the prescribed manner. \n(5) In case the Registrar does not communicate any decision under sub-section \n(2) or sub-section (4) as above within the period of ninety days, the amended \nbye-laws shall be deemed to have been registered. \n(6) Where it appears to the Registrar that amendment in the bye-laws of a co-\noperative society is necessary and desirable in the interest of the co-operative \nsociety or class of co-operative societies, the Registrar shall direct the co-\noperative society or the class of co-operative societies, as the case may be, to \nmake amendment in the bye-laws within a period of sixty days, by convening a \ngeneral body meeting of the co-operative society. \n(7) After the expiry of the period specified in sub- section (6) and if the co-\noperative society fails to make the amendment, the Registrar after giving the co-\noperative society an opportunity of being heard, may register the amendment \nand issue to the co-operative society, a copy of such amendment certified by him \nwith a certificate signed by him, with effect from the date of registration the \namendment shall be binding on the co-operative society and its members, \nsubject to appeal, if any.",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "13",
"title": "Section 13. When amendments of bye-laws come into force.",
"chapter": null,
"content": "An amendment of the bye-laws of a co-operative society shall, unless it is \nexpressed to come into operation on a particular day, come into force on the day \non which it is registered or deemed to be registered.",
"footnote": "",
"is_definition": false,
"sort_order": 150
},
{
"number": "14",
"title": "Section 14. Change of name.",
"chapter": null,
"content": "(1) A co-operative society may by an amendment of its bye-laws, change its name but \nsuch change shall not affect any right or obligation of the co-operative society or \nof any of its members or past members and any legal proceedings pending may \nbe continued by or against the co-operative society under its new name : \nProvided that prior approval in writing of the Reserve Bank shall be necessary \nfor change of the name of a co-operative bank. \n(2) Where a co-operative society changes its name, the Registrar shall enter the new \nname on the register of co-operative societies in place of the former name and \nshall amend the certificate of registration accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 160
},
{
"number": "15",
"title": "Section 15. Change of liability.",
"chapter": null,
"content": "(1) Subject to the provisions of this Act and the rules, a co-operative society may, by \nan amendment of its bye-laws change the form or extent of its liability. \n(2) When a co-operative society has passed a resolution to change the form or extent \nof its liability, it shall give notice thereof in writing to all its members and creditors \nand, notwithstanding any bye-laws or contract to the contrary, any member or \ncreditor shall, during a period of thirty days from the date of service of the notice \n\nupon him, have the option of withdrawing his shares, deposits or loans, as the \ncase may be. \n(3) Any member or creditor who does not exercise his option within the period \nspecified in sub-section (2) shall be deemed to have assented to the change. \n(4) An amendment of a bye-laws of a co-operative society changing the form or \nextent of its liability shall not be registered or take effect until either - \n(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 \nsub-section (2) within the period specified therein have been met in full.",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "16",
"title": "Section 16. Amalgamation, transfer of assets and liabilities and division of co-operative.",
"chapter": null,
"content": "(1) A co-operative society may, by a resolution passed by a two-thirds majority of the \nmembers present and voting at a general body meeting of the co-operative \nsociety - \n(a) transfer its assets and liabilities in whole or in part to any other co-operative \nsociety; \n(b) divide itself into two or more co-operative societies; \n (c ) approve a scheme of compromise or arrangement or reconstruction. \n (Inserted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) \n(2) Any two or more co-operative societies may, by a resolution passed by a two-\nthirds majority of the members present and voting at a general body meeting of \neach such co-operative society, amalgamate themselves and form a new co-\noperative society. \n(3) The resolution of a co-operative society under sub-section (1) or sub-section (2) \nshall contain all particulars of the transfer, division or amalgamation or scheme \nof compromise or arrangement or reconstruction,( Substituted vide \nNotification No. F.14(31)/LA-2004/16 dated 17/01/2005) as the case may be : \nProvided that in the case of a co-operative bank, the Registrar shall not accord \napproval to any such resolution without the previous sanction in writing of the \nReserve Bank. \n(4) When a co-operative society has passed any such resolution, it shall give notice \nthereof in writing to all its members and creditors and, notwithstanding any bye-\nlaws or contract to the contrary, any member or creditor shall, during the period \nof thirty days of the date of service of the notice upon him, have the option of \nwithdrawing his shares, deposits or loans, as the case may be. \n(5) Any member or creditor who does not exercise his option within the period \nspecified in sub-section (4) shall be deemed to have assented to the proposals \ncontained in the resolution. \n\n(6) A resolution passed by a co-operative society under this section shall not take \neffect until, either - \n(a) the assent thereto of all the members and creditors has been obtained; \n(b) all claims of members and creditors who exercise the option referred to in sub-\nsection (4) within the period specified therein have been met in full. \n(7) Where a resolution passed by a co-operative society under this section involves \nthe transfer of any assets and liabilities, the resolution shall, notwithstanding \nanything contained in any law for the time being in force, be a sufficient \nconveyance to vest the assets and liabilities in the transferee without any further \nassurance.",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "17",
"title": "Section 17. Power to direct amalgamation, division and re-organisation in public interest,.",
"chapter": null,
"content": "(1) Where the Registrar is satisfied that it is essential in the public interest, or in the \ninterest of the co-operative movement, or for the purpose of securing the proper \nmanagement of any co-operative society that two or more co-operative societies \nshould be amalgamated or any co-operative society should be divided to form \ntwo or more co-operative societies or should be reorganised, then \nnotwithstanding anything contained in section 16, but subject to the provisions of \nthis section, the Registrar may, by order, provide for the amalgamation, division \nor reorganisation of these co-operative societies into a single co-operative \nsociety or into co-operative societies with such constitution, property, rights, \ninterest and authorities and such liabilities, duties and obligations as may be \nspecified in the order: \nProvided that no such order of amalgamation, division or reorganisation in \nrespect of a co-operative bank shall be made without the previous sanction in \nwriting of the Reserve Bank. \n(2) No order shall be made under this section unless - \n(a) a copy of the proposed order has been sent in draft to the co-operative society or \neach of the co-operative societies concerned; and \n(b) the Registrar has considered and made such modifications in the draft order as \nmay seem to him desirable in the light of any suggestions and objections which \nmay be received by him within such period (not being less than sixty days from \nthe date on which a copy of the order aforesaid is received by the co-operative \nsociety or co-operative societies, as the case may be), as the Registrar may fix in \nthat behalf, either from the co-operative society or from any of the co-operative \nsocieties concerned or from any member or class of members thereof or from \nany creditor or class of creditors thereof. \n(3) The order referred to in sub-section (1) may contain such incidental, \nconsequential and supplemental provisions as may, in the opinion of the \nRegistrar, be necessary to give effect to the amalgamation, division or \nreorganisation, as the case may be. \n(4) Every member or creditor of each of the co-operative society to be amalgamated, \ndivided or reorganised, who has objected to the scheme of amalgamation, \n\ndivision, or reorganisation, within the period specified, shall be entitled to receive, \non the issue of the order of amalgamation, division or reorganisation, his share or \ninterest, if he be a member and the amount in satisfaction of his dues, if he be a \ncreditor. \n(5) On the issue of an order under sub-section (1), the provisions of sub-sections (2), \n(3) and (4) of section 20 shall apply to the co-operative societies so \namalgamated, divided or reorganised as if the amalgamation, division or \nreorganisation had been made under section 16.",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "18",
"title": "Section 18. Registrar to prepare scheme of amalgamation of co-operative bank in certain.",
"chapter": null,
"content": "(1) When an order of moratorium has been made by the Central Government under \nsub-section (2) of section 45 of the Banking Regulations Act, 1949 (10 of 1949) in \nrespect of a co-operative bank, the Registrar, with the previous approval of the \nReserve Bank in writing, may, during the period of moratorium, prepare a scheme - \n(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 \nbank.",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "19",
"title": "Section 19. Liability of a co-operative bank to the Deposit Insurance Corporation.",
"chapter": null,
"content": "Notwithstanding anything contained in sections 16 and 17 or any other provision of \nthis Act, where a co-operative bank, being an insured bank within the meaning of the \nDeposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), is \namalgamated or reorganised and the Deposit Insurance Corporation has become \nliable to pay to the depositors of the insured bank under sub-section (2) of section 16 \nof that Act, the bank with which insured bank is amalgamated or the new co-\noperative bank formed after such amalgamation, as the case may be, the insured \nbank or transferee bank shall be under an obligation, to repay the Deposit Insurance \nCorporation in the circumstances, to the extent of and in the manner referred to in \nsection 21 of the Deposit Insurance and Credit Guarantee Corporation Act,1961 (47 \nof 1961).",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "20",
"title": "Section 20. Cancellation of registration certificate of the co-operative societies in certain.",
"chapter": null,
"content": "(1) Where the whole of the assets and liabilities of a co-operative society are \ntransferred to another co-operative society in accordance with the provisions of \nsection 16 or section 17, the registration of the first mentioned co-operative \nsociety shall stand cancelled and the co-operative society shall be deemed to \nhave been dissolved and shall cease to exist as corporate body. \n(2) Where two or more co-operative societies are amalgamated into a new co-\noperative society in accordance with the provisions of section 16 or section 17, \nthe registration of each of the amalgamating co-operative society shall stand \ncancelled on the registration of the new co-operative society, and each co-\noperative society shall be deemed to have been dissolved and shall cease to \nexist as a corporate body. \n(3) Where a co-operative society divides itself into two or more co-operative societies \nin accordance with the provisions of section 16 or is divided by the Registrar in \n\naccordance with the provisions of section 17, the registration of that co-operative \nsociety shall stand cancelled on the registration of the new co-operative society \nand that co-operative society shall be deemed to have been dissolved and shall \ncease to exist as a corporate body. \n(4) The amalgamation and splitting of co-operative society or co-operative societies \nshall not in any manner whatsoever affect any right or obligation of resulting co-\noperative society or co-operative societies or render defective any legal \nproceedings by or against the co-operative society or co-operative societies or \nany legal proceedings that might have been continued or commenced by or \nagainst the co-operative society or co-operative societies, as the case may be, \nbefore the amalgamation or splitting may be continued or commenced by or \nagainst the resulting co-operative society or co-operative societies. \n(5) Where a co-operative society has not commenced business within one hundred \nand eighty days of its registration or has ceased to function or if the Registrar is \nsatisfied on the basis of inspection, inquiry or audit that the co-operative society \nno longer has genuinely as its object one or more of the objects specified in \nsection 4 and that its registration ought, in the interest of general public, be \ncancelled, he shall give an opportunity to the co-operative society to represent its \ncase and if not satisfied he shall make an order cancelling the registration of the \nco-operative society, the co-operative society shall, from the date of such order \nof cancellation be deemed to be dissolved and shall cease to exist as a corporate \nbody. \n* Provided that in the case of a co-operative society which has not conducted \naudit or annual general body meeting for five consecutive years or has no fixed \nassets and outside liabilities excluding share money of the members, such \nsociety shall be deemed to have been dissolved and shall cease to exist as \ncorporate body after the expiry of the said period of five years.",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "21",
"title": "Section 21. Classification.",
"chapter": null,
"content": "The Registrar shall classify co-operative societies with reference to their objects, area \nof operation, membership or any other matter.",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "25",
"title": "CHAPTER - III - Members of Co-operative Societies and their Rights and liabilities",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "22",
"title": "Section 22. Persons who may become members.",
"chapter": null,
"content": "(1) No person shall be admitted as member of a co-operative society except the \nfollowing, namely - \n(a) an individual competent to contract under section 11 of the Indian Contract \nAct, 1872 (9 of 1872); \n(b) any other co-operative society; \n(c) the Government; \n\n(d) a firm, a joint stock company, or any other body corporate constituted under \nany law; and \n(e) such class or classes of persons or association of persons as may be notified \nby the Government in this behalf : \nProvided that the provisions of clause (a) shall not apply to an individual seeking \nadmission to a co-operative society exclusively formed for the benefit of students \nof a school or college : \nProvided further that no individual shall be eligible for admission as a member of \nany financing bank or federal co-operative society except as provided in clause \n(m) of section 2. \n(2) Notwithstanding anything contained in sub-section (1), the Government may, \nhaving regard to the fact that the interest of any person or class of persons \nconflicts or is likely to conflict with the objects of any co-operative society or class \nof co-operative societies by general or special order, published in the official \nGazette, declare that any person or class of persons engaged in or carrying on \nany profession, business or employment shall be disqualified from being \nadmitted, or for continuing as member or shall be eligible for membership only to \na limited extent of any specified co-operative society or class of co-operative \nsocieties, so long as such person is or such persons are engaged in or carrying \non that profession, business or employment, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "23",
"title": "Section 23. Nominal or associate or joint member.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in section 22, a co-operative society may \nadmit any person as a nominal or associate or joint member in accordance with \nits bye-laws and subject to the rules. \n(2) A nominal or associate member shall not be entitled to any share in any form \nwhatsoever, in the assets or profits of the co-operative society. \n(3) Save as provided in this section, a nominal or associate or joint member shall \nhave such privileges and rights of a member and be subject to such liabilities of a \nmember as may be prescribed in rules and specified in the bye-laws of the co-\noperative society.",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "24",
"title": "Section 24. Member not to exercise rights till due payment made.",
"chapter": null,
"content": "No member of a co-operative society shall exercise the right of a member unless he \nhas made such payment to the co-operative society in respect of membership and \nshare or has acquired such interest in the co-operative society as may be specified in \nthe bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "25",
"title": "Section 25. Votes of members.",
"chapter": null,
"content": "Every member of a co-operative society shall have one vote in the affairs of the co-\noperative society : \nProvided that - \n\n(a) in the case of an equality of votes, the Chairman shall have a second or casting \nvote; \n(b) a nominal or associate or joint member shall not have the right of vote; \n(c) where the Government is a member of the co-operative society, each person \nnominated by the Government on the committee shall have one vote; and \nProvided that where the Government had subscribed to the Share \nCapital of such cooperative society, the voting rights of the \nGovernment nominees shall be in proportion to the Share Capital of \nthe Government in the paid-up equity of the cooperative society \nwhich shall be distributed among nominated members equally; \n(d) if a member is in default in payment of the sum demanded by the co-operative \nsociety or has transferred his interest in a co-operative society to any other \nmember or to any other person without the approval of the competent authority, \nhe shall have no voting right in the general body meeting of the co-operative \nsociety. \n(e) “if a co-operative society becomes defunct and has ceased to function in \naccordance with the bye-laws and co-operative principles, its representative shall \nhave no voting right in the affairs of a federal co-operative society or financial \nbank or financial society.” \nExplanation I. - Default means any default in payment of loan installment, land \nmoney, construction money and annual subscription payable as provided in the \nbye-laws of a co-operative society for which due notice for payment has been \nserved on the member or an award has been passed for recovery of such sum. \n* Explanation II. –Defunct society means a society which has not carried on \nbusiness for three consecutive years or its accounts have not been audited for \nthree or more consecutive years.",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "26",
"title": "Section 26. Manner of exercising vote.",
"chapter": null,
"content": "(1) Every member of a co-operative society shall exercise his vote in person and no \nmember shall be permitted to vote by proxy. \n(2) Notwithstanding anything contained in sub-section (1), a co-operative society \nwhich is a member of another co-operative society, may appoint one of its \nmember to vote on its behalf in the affairs of that other co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "27",
"title": "Section 27. Restriction on transfer of shares or interest.",
"chapter": null,
"content": "The transfer of the share or interest of a member in the capital of a co-operative \nsociety shall be subject to such conditions as to maximum holding as are specified in \nsection 6.",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "28",
"title": "Section 28. Transfer of interest on death of member.",
"chapter": null,
"content": "(1) On the death of a member, a co-operative society shall transfer the share or \ninterest of the deceased member to the person nominated in accordance with the \nrules made in this behalf, or, if there is no person so nominated, to such person as \nmay appear to the committee to be the heir or legal representative of the deceased \nmember or pay to such nominee, heir or legal representative, as the case may be, \na sum representing the value of such member's share or interest as ascertained in \naccordance with the rules or the bye-laws: \nProvided that - \n(i) such nominee, heir or legal representative, as the case may be, may require \npayment by the co-operative society of the value of the share or interest of the \ndeceased member ascertained as aforesaid; or \n(ii) the co-operative society shall transfer the share or interest of the deceased \nmember to such nominee, heir or legal representative, as the case may be, being \nqualified in accordance with the rules and bye-laws for membership of the co-\noperative society, or on his application within one hundred and eighty days of the \ndeath of the deceased member to any person specified in the application who is \nso qualified; and \n(iii) no such transfer or payment shall be made except with the consent of the \nnominee, heir or legal representative, as the case may be. \n(2) A co-operative society shall, subject to the provisions of section 45 and \nunless within three hundred and sixty five days of the death of member \nprevented by an order of a competent court, pay to such nominee, heir or legal \nrepresentative, as the case may be, all other moneys due to the deceased \nmember from the co-operative society. \n(3) All transfers and payments made by a co-operative society in accordance \nwith the provisions of this section shall be valid and effectual against any demand \nmade upon the co-operative society by any other person.",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "29",
"title": "Section 29. Liability of past member and estate of deceased member.",
"chapter": null,
"content": "(1) Subject to the provisions of sub-section (2), the liability of a past member or of the \nestate of a deceased member of a co-operative society for the debts of the co-\noperative society as they existed - \n(a) in case of a past member, on the date on which he ceased to be a member; \nand \n(b) in the case of a deceased member, on the date of his death; shall continue for \na period of seven hundred and thirty days from such date. \n(2) Where a co-operative society is ordered to be wound up under section 95, section \n96 or section 97, the liability of a past member or of the estate of a deceased \nmember who ceased to be a member or died within seven hundred and thirty \ndays immediately preceding the date of the order of winding up shall continue \nuntil the entire liquidation proceedings are completed but such liability shall \nextend only to the debts of the co-operative society as they existed on the date of \nhis ceasing to be a member or death, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "34",
"title": "CHAPTER - IV - Management of Co-operative societies",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "30",
"title": "Section 30. Final authority in a co-operative society.",
"chapter": null,
"content": "(1) The final authority in a co-operative society shall vest in the general body of \nmembers : \nProvided that where the bye-laws of a co-operative society provide for the \nconstitution of a smaller body consisting of delegates of members of the co-\noperative society elected or selected in accordance with such bye-laws, the \nsmaller body shall exercise such powers of the general body as may be \nprescribed or as may be specified in the bye-laws of the co-operative society. \n(2) Notwithstanding anything contained in sub-section (2) of section 26 each delegate \nshall have one vote in the affairs of the federal co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "31",
"title": "Section 31. Annual general body meeting.",
"chapter": null,
"content": "(1) Every co-operative society shall within a period of one hundred and eighty days \n(Substituted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) next \nafter the date fixed for making-up its accounts for the year under the rules for the \ntime being in force, call a general body meeting of its members for the purpose of \n_ \n(a) approval of the programme of the activities of the co-operative society \nprepared by the committee for the ensuing year; \n(b) election, if any, of the members of the committee other than the nominated \nmembers subject to the provisions of section 35; \n(c) consideration of the audit report along with audited accounts and the annual \nreport; \n(d) disposal of the net profits; and \n(e) consideration of any other matter which may be brought forward in \naccordance with the bye-laws. \n(2) If a co-operative society fails to hold the annual general body meeting within the \naforesaid period of one hundred and eighty days, (Substituted vide Notification \nNo. F.14(31)/LA-2004/16 dated 17/01/2005) the Registrar or any person \nauthorised by him may call such meeting in the manner prescribed and that \nmeeting shall be deemed to be a general body meeting duly called by the co-\noperative society and the Registrar may order that the expenditure incurred in \ncalling such a meeting shall be a charge on the delinquent members of the \ncommittee of the co-operative society who have failed to conduct the general \nbody meeting within the prescribed time limit and the said amount shall be \nrecoverable as arrears of land revenue from such delinquent members of the co-\noperative society in the same manner as provided in section 111. \n\n(3) At every annual general body meeting of the co-operative society, the committee \nshall lay before the general body a statement showing the details of the loans, if \nany, given to any of the members of the committee during the preceding year.",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "32",
"title": "Section 32. Returns to be filed to the Registrar after annual general body meeting.",
"chapter": null,
"content": "Every year within thirty days of holding of annual general body meeting, the \ncommittee shall file returns relating to its constitution, business and allied matters \nto the Registrar as prescribed and if the returns are not filed, it shall be an \noffence under this Act and the persons responsible shall be penalised in \naccordance with the provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "33",
"title": "Section 33. Special general body meeting.",
"chapter": null,
"content": "(1) The committee of a co-operative society may, at any time, call a special general \nbody meeting of the co-operative society and shall call such meeting within thirty \ndays after the receipt of a requisition in writing from the Registrar or on a request \nto the Registrar by the institution to which co-operative society is indebted, if the \nnumber of defaulter members of such co-operative society is one-fifths or more \namong the loanee members or on a requisition from one-fifths members out of \ntotal membership of a co-operative society. \n(2) If a special general body meeting of a co-operative society is not called in \naccordance with the requisition referred to in sub-section (1), the Registrar or any \nperson authorised by him in this behalf shall have the power to call such meeting \nand that meeting shall be deemed to be a meeting called by the committee and \nthe Registrar may order that the expenditure incurred in calling such a meeting \nshall be paid out of the funds of the co-operative society or by such person or \npersons who, in the opinion of the Registrar, were responsible for the refusal or \nfailure to convene the special general body meeting and shall be recovered as \narrears of land revenue in the same manner as provided in section 111.",
"footnote": "",
"is_definition": false,
"sort_order": 370
},
{
"number": "34",
"title": "Section 34. Constitution of committee.",
"chapter": null,
"content": "The general body meeting of a co-operative society shall constitute a committee as \nprescribed and in accordance with the bye-laws and entrust the management of \naffairs of the co-operative society to such committee.",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "35",
"title": "Section 35. Election and nomination of members of committee.",
"chapter": null,
"content": "(1) The superintendence, direction and control of the preparation of the electoral rolls \nfor, and the conduct of elections of the members of the committee of, a co-\noperative society shall be vested in the committee which shall appoint returning \nofficer who shall not be a member or an employee of the society: \n \nProvided that on the request of the committee or one-sixth members of the \nsociety, and in case of dispute in a society, the Registrar may appoint the \nreturning officer to conduct the election of a society: \n \n\nProvided further that the Government shall appoint returning officer, not below \nthe rank of a gazetted officer or a retired gazetted officer to conduct the election \nof a co-operative bank, financial bank, federal co-operative society and such \nhousing society as has been allotted land and draw of lots has not been conducted \nin accordance with the provisions of section 77 and such housing society as is \nawaiting allotment of land. \n (2) The vote at such election shall be by secret ballot. \n(3) The term of office of the elected members of the committee shall be three years. \n(4) All co-operative societies shall hold election at the commencement of this Act on the date \nfixed for holding annual general body meeting as provided in section 31 and on failure to \nconduct election as aforesaid, the committee shall cease to hold office and its affairs shall \nbe managed by a person (hereinafter referred to as \"administrator\") appointed by the \nRegistrar who shall also hold election within ninety days of his appointment. \n(5) Thereafter the committee shall arrange election of the new committee before the expiry of \nits term and in case the committee fails to do so, the committee shall cease to hold office \non the expiry of its term and the affairs of the co-operative society shall be managed by \nan administrator appointed by the Registrar who shall also hold election within ninety \ndays from the date of his appointment. \n(6) No person shall be eligible to be elected as a member of the committee of a co-operative \nsociety unless he is a shareholder of that co-operative society. \n(7) Notwithstanding any thing contained in this Act, a person shall be disqualified for election \nof office in a committee - \n(a) if he holds any such office on a committee of another co-operative society of the same \ntype; \n(b) if he holds any such office on the committees of three or more co-operative societies of \na different type or types; \n(c) if he has been held guilty of any of the offences as enumerated in section 118; \n(d) if he is an officer of a co-operative society which has not got its statutory audit \ncompleted within the statutory period prescribed in this Act; or \n(e) if he fails to give a declaration on oath about his eligibility for contesting election as \nprescribed. \n(8) On the committee of a co-operative society or class of co-operative societies where the \nGovernment has subscribed to the share capital seats shall be reserved for scheduled \ncastes, other backward classes and women as may be prescribed and two seats for \nwomen in all types of co-operative societies. \n(9) The Government may make rules generally to provide for or to regulate matters in respect \nof elections of members of the committees. \n\n(10) Notwithstanding anything contained in sub-section (1) to sub-section (9), where the \nGovernment has subscribed to the share capital of a co-operative society, the \nGovernment shall have right to nominate on the committee such number of persons as its \nmembers on the following basis, namely - \n(a) where the total amount of issued equity share capital held by the Government is less \nthan twenty six per cent of the total issued equity share capital, one member on the \ncommittee; \n(b) where total amount of issued share capital held by the Government is twenty six per \ncent or more, but less than fifty one per cent of the total equity share capital, two \nmembers on the committee; \n(c) where the total amount of issued equity share capital held by the Government is \nfifty one per cent but less than sixty per cent of the total issued share capital, three \nmembers of the committee: \nProvided that in case of a financing bank, there shall be a Director on the Board \nfrom NABARD with or without any share holding with right to vote in the affairs \nthereof; (Substituted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) \nProvided that the number of such nominated persons shall not exceed one-thirds of the \ntotal number of members of the committee or three, whichever is less : \nProvided further that where the Government has guaranteed repayment of principal and \npayment of interest on debenture issued by the co-operative society or guaranteed \nrepayment of principal and payment of interest on loans and advances to a co-operative \nsociety, the Government shall have the right to nominate a person on the committee of \nsuch a co-operative society as may be prescribed: \nProvided also that in case of a financing bank, there shall be a Director on the Board \nfrom NABARD with or without any share holding with the right of vote in the affairs \nthereof; \n(cc) where the total amount of issued equity share capital held by the Government \nis sixty per cent or more of the total issued share capital or the Government has \ngiven loan or made advances to the co-operative society or guaranteed the \nrepayment of principal and payment of interest on debentures or bonds issued by \nthe co-operative society or guaranteed the payment of principal and payment of \ninterest on loan and advances to the co-operative society in amount not less than \nsixty percent in the aggregate of the total amount so borrowed by the co-operative \nsociety, \n** Members of the Committee including Chairman in the following manner namely:- \n \nPercentage held by the Government Percentage of Members of committee to \nbe nominated by the Govt. \n \nSixty to Seventy Percent \nSeventy to Eighty percent \nEighty to Ninety Percent \nAbove Ninety Percent \n \nSeventy Percent \nEighty Percent \nNinety Percent \nHundred Percent \nProvided that the right once accrued under this clause shall continue until the \npercentage of the amount in respect of share contribution or guaranteed loan goes \n\ndown to less than Sixty per cent; (Inserted vide Notification No. F.14(31)/LA-2004/16 \ndated 17/01/2005) \n(d) where the Industrial Finance Corporation of India or a federal co-operative society or \na financing bank or the Delhi Financial Corporation Ltd. or any other financing institution \nnotified in this behalf by the Government has provided finance to a co-operative society, \nthe Industrial Finance Corporation of India or such federal co-operative society or \nfinancing bank or the Delhi Financial Corporation Ltd., or such other financing institution, \nas the case may be, shall have the right to nominate one person on the committee. \n(11) A person nominated under sub-section (10) shall hold office during the pleasure of \nthe Government or the concerned Corporation or federal co-operative society, or \nfinancing bank or other financing institution, as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "36",
"title": "Section 36. Removal of committee or its officer.",
"chapter": null,
"content": "(1) A motion for expressing lack of confidence in the committee or any of its \nofficer may be made in a special general body meeting convened for the \npurpose. \n(2) The requisition for convening the special general body meeting as above shall \nnot be admissible unless moved in writing by not less than one-fifths of the total \nmembers of a co-operative society, if the motion of no confidence is carried by a \nsimple majority of the members present and voting, the committee shall be \nremoved and special general body meeting shall also elect an ad-hoc committee \nto take care of the affairs of the co-operative society which shall also hold \nelections to the committee within ninety days of the date of the appointment of \nad-hoc committee.",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "37",
"title": "Section 37. Supersession of committee.",
"chapter": null,
"content": "(1) If, in the opinion of the Registrar, the committee of any co-operative society \ncontinuously makes default for ninety days (Substituted vide Notification No. \nF.14(31)/LA-2004/16 dated 17/01/2005) or is negligent in the performance of the \nduties imposed on it by or under this Act or the rules framed thereunder, the bye-\nlaws or commits any act which is prejudicial to the interest of the co-operative \nsociety or its members or defies the directions issued by the Registrar under \nsection 42 of this Act or fails to comply with the provisions of section 92 or \nthere is a stalemate in the constitution or function of the committee or fails \nto initiate recovery of the dues of the financing institution inspite of a \nnotice issued to the co-operative society by the financing institution within \na period of ninety days or fails to remit the recovered amount from \nmembers, to the financing institution to which the society is indebted \nwithin a period of ninety days, (Substituted vide Notification No. F.14(31)/LA-\n2004/16 dated 17/01/2005) the Registrar may after giving the committee an \nopportunity to state its objections, if any, by order in writing direct - \n(a) to hold election of the committee within a period of thirty days by calling a \nspecial general body meeting; and \n\n(b) if in the opinion of the Registrar, the election of committee is not feasible \nunder the prevailing circumstances, the Registrar shall pass an order in \nwriting to remove the committee and appoint one or more administrators \nto manage the affairs of the co-operative society for a period not \nexceeding one hundred and eighty days to be specified in the order, \nwhich period may, at the discretion of the Registrar be extended from \ntime to time, however, that the aggregate period does not exceed \nthree hundred and sixty five days : (Substituted vide Notification No. \nF.14(31)/LA-2004/16 dated 17/01/2005) \nProvided that where the co-operative society is a co-operative bank, before \nissuing of a show-cause notice under sub-section (1), the prior consultation with \nthe Reserve Bank and NABARD shall be necessary; \nProviso (Deleted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) \n (c) Notwithstanding anything contained in this Act, the Registrar in \ncase of the co-operative bank, if so required by the Reserve \nBank or the NABARD on requisition from the Reserve Bank to \nsupersede management of a co-operative bank, the Registrar \nshall supersede the management of such a co-operative bank. \n(2) The Registrar may fix such remuneration, if any, for the administrator(s) as he may \nthink fit and such remuneration shall be paid out of the funds of the co-operative \nsociety. \n(3) The administrator shall, subject to the control of the Registrar and to such \ninstructions as he may from time to time give, exercise powers and perform \nfunctions of the committee or of any officer of the co-operative society and take all \nsuch actions as may be required in the interest of the co-operative society, but \nshall not be empowered to enroll new members without the prior approval of the \nRegistrar. (Inserted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) \n(4) The administrator shall call the general body meeting of the co-operative society to \nspell out his plan of action. \n(5) The administrator shall before expiry of his term of office, arrange for the \nconstitution of a new committee in accordance with the rules and the bye-laws of \nthe co-operative society. \n(6) Before passing any order under clause (b) of sub-section (1) in respect of a co-\noperative society the Registrar shall, at first, consult the financing bank or the \nfinancing institution to which it is indebted : \nProvided that where the co-operative society is a co-operative bank, before issuing a \nshow cause notice under sub-section (1) prior consultation with the Reserve \nBank shall be necessary : \nProvided further that on a requisition of the Reserve Bank to supersede the Board of a \nco-operative bank, the Registrar shall supersede the committee of such a co-\noperative bank. \n\n(7) Notwithstanding anything contained in this Act, the Registrar shall in the case of a \nco-operative bank, if so required in writing by the Reserve Bank or NABARD in \nthe public interest or for preventing the affairs of the co-operative bank being \nconducted in a manner detrimental to the interest of the depositors or for \nsecuring the proper management of a co-operative bank, pass an order for the \nsupersession of the committee of that co-operative bank and appoint an \nadministrator therefor, for such period or periods not exceeding three hundred \nand sixty five days (Substituted vide Notification No. F.14(31)/LA-2004/16 \ndated 17/01/2005) in the aggregate, as may, from time to time be specified by \nthe Reserve Bank.",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "38",
"title": "Section 38. Securing possession of records, etc.",
"chapter": null,
"content": "(1) (a) If the records, registers or the books of account of a co-operative society are \nlikely to be tampered with or destroyed and the funds and property of a co-\noperative society are likely to be misappropriated or misapplied; or \n(b) if the committee of a co-operative society is reconstituted at general body meeting \nof the co-operative society or the committee of a co-operative society is removed \nby the Registrar under section 37 or if the co-operative society is ordered to be \nwound up under section 95, section 96 or section 97 and the outgoing members \nof the committee refuse to hand over charge of the records and the property of \nthe co-operative society within fifteen days of notice by the new committee or \nadministrator or the liquidator to those having or entitled to receive such charge; \n(c) the newly elected committee or administrator or the liquidator, as the case may be, \non expiry of fifteen days notice shall apply to the Registrar, who on application by \nthe newly elected committee, administrator, the liquidator or suo-motu, if \nsatisfied, may approach the Divisional Commissioner to authorise the Sub-\ndivisional Magistrate in whose jurisdiction the registered office of the society is \nlocated, in the prescribed form setting forth the reasons therefor, to enter, search \nor break open any premises where such records and properties of the society are \nkept and seize any such records and properties of the society and to cause \ndelivery to the new committee, administrator or the liquidator of the records and \nproperties of the society. \n(2) For the purpose of the proceedings under sub- section (1), the authorization \naforesaid shall be conclusive evidence that the records and properties to which it \nrelated belong to the society. \n(3) The officer authorised under sub-section (1) may take such police assistance as \nmay be necessary for the said purpose and the expenses incurred under this \nsection shall be borne from the funds of the society. \n(4) The provisions of section 100 to 102 (both inclusive) of the Code of Criminal \nProcedures, 1973 (Central Act, 2 of 1974) relating to searches and seizure shall \napply, so far as may be, to searches and seizure under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "39",
"title": "Section 39. Acts of co-operative society not to be invalidated by certain defects.",
"chapter": null,
"content": "No act of a co-operative society or of any committee or of any officer shall be deemed \nto be invalid by reason only of the existence of any defect in procedure or in the \nconstitution of the co-operative society or of the committee or in the appointment \n\nor election of an officer or on the ground that such officer was disqualified for his \nappointment.",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "40",
"title": "Section 40. Expulsion of members.",
"chapter": null,
"content": "Any member of a co-operative society (other than a co-operative housing society) \nmay be expelled by a resolution passed by the committee of the co-operative \nsociety subject to the approval of such resolution by the Registrar if : \n(i) the member has wilfully deceived the co-operative society by false document \nto obtain the membership of such co-operative society; or \n(ii) the member incurs any of the disqualifications for being a member of the co-\noperative society; or \n(iii) the member has brought disrepute to the co-operative society or has done \nany other act detrimental to the interest and proper working of the co-operative \nsociety: \nProvided that the member concerned shall not be expelled unless he has been \ngiven a reasonable opportunity to represent himself in the matter: \nProvided further that no member shall be expelled unless the resolution for such \nexpulsion is passed by a majority of not less than three-fourths of the members \npresent and entitled to vote in the meeting of the committee and no resolution for \nexpulsion shall be valid unless approved by the Registrar. \n(2) After the resolution for expulsion is passed as above by the committee, the \nresolution shall be referred to the Registrar for approval within a period of thirty \ndays. \n(3) On receipt of the resolution for expulsion, the Registrar shall take cognizance of \nsuch resolution within thirty days and pass a final order either approving the \nexpulsion or rejecting the proposal for expulsion within a period of one hundred \nand eighty days and if the matter is not decided by the Registrar within the \naforesaid period, the expulsion of such a member shall be deemed have been \napproved: \nProvided that the Registrar, before approving the resolution, shall hear the \nparties in the manner prescribed and shall have power to summon and enforce \nattendance of witness including the parties interested or any of them and compel \nthem to give evidence on oath, affirmation or affidavit and to compel production \nof documents by the same means as far as possible in the same manner as \nprovided in the case of a civil court under the Code of Civil Procedure, 1908 (5 of \n1908) and the order under this section so passed by the Registrar shall be final \nwith a right for appeal before the Tribunal. \n(4) Any party aggrieved by the order of the Registrar or deemed approval of \nexpulsion, as the case may be, under sub-section (3) may, within sixty days from \nthe date of such order, appeal to the Tribunal.",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "41",
"title": "Section 41. Cessation of membership of co-operative society.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this Act, a person shall cease to be a \nmember of a cooperative society - \n(a) on his resignation from such membership; or \n(b) on his death, if there is no claim by the nominee or legal heirs \nwithin three hundred sixty five days; or \n(c) on transfer of the whole of his share or interest in that \ncooperative society; or \n(d) on his expulsion or incurring any disqualification for being a \nmember of that cooperative society. \n(2) If any question as to whether a member has incurred any of the disqualifications \nmentioned in sub-section (1), it shall be referred to the Registrar for his decision, \nwhose decision shall be final and binding. \n(3) The Registrar may of his own motion, if satisfied that any member has incurred \nany of the disqualification under sub-section (1) declare through an order in \nwriting that such member is disqualified to be a member : \nProvided that no such order shall be passed without affording opportunity of \nbeing heard to such member as prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "42",
"title": "Section 42. Directions by the Registrar for successful conduct of business.",
"chapter": null,
"content": "The Registrar may from time to time issue such directions or directives to a co-\noperative society or a class of co-operative societies as he considers necessary \nfor successful conduct of business and on all matters incidental thereto and such \ndirections or directives shall be binding on them. \nProvided that this power shall be limited to cooperative society with government \nequity of fifty one percentum or more.",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "48",
"title": "CHAPTER - V - Privileges of Co-operative Societies",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "43",
"title": "Section 43. Co-operative society to be body corporate.",
"chapter": null,
"content": "The registration of a co-operative society shall render it a body corporate by the name under \nwhich it is registered having perpetual succession and a common seal, and with power to \nhold property, enter into contract, institute and defend suits and other legal proceedings and \ndo all things necessary for the purposes for which it is constituted.",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "44",
"title": "Section 44. First charge of co-operative society on certain movable assets of member for.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this Act or any other law for the time being \nin force, but subject to any prior claim of the Government in respect of land \nrevenue or any money recoverable as land revenue, any debt or outstanding \n\ndemand owing to a co-operative society by any member or past member or \ndeceased member shall be a first charge upon the crops and other agricultural \nproduce, cattle, fodder for cattle, agricultural or industrial implements or \nmachinery, raw materials for manufacture and any finished products \nmanufactured from such raw materials, belonging to such member, past member \nor forming part of the estate of the deceased member, as the case may be. \n(2) No person shall transfer any property which is subject to a charge under sub-\nsection (1) except with the prior permission in writing of the co-operative society \nwhich holds the charge. \n(3) Notwithstanding anything contained in any law for the time being in force, any \ntransfer of property made in contravention of the provisions of sub-section (2) \nshall be void. \n(4) The charge created under sub-section (1) shall be available as against any claim \nof the Government arising from a loan granted under the Land Improvement \nLoans Act, 1883, (19 of 1883) or the Agriculturist's Loans Act, 1884, (12 of 1884) \nafter the grant of the loan by the co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "45",
"title": "Section 45. Charge on immovable property of member borrowing loans from certain co-.",
"chapter": null,
"content": "Notwithstanding anything contained in this Act or in any other law for the time being in \nforce - \n(i) any person who makes an application to a co-operative society of which he is \na member for a loan shall, if he owns any land or has interest in any land as \ntenant, make a declaration in the prescribed form which shall state that the \napplicant thereby creates a charge on such land or interest specified in the \ndeclaration for the payment of the amount of loan which co-operative society may \nmake to the member in pursuance of the application and for all future advances, \nif any, required by him which the co-operative society may make to him as such \nmember subject to such maximum as may be determined by the co-operative \nsociety together with the interest on such amount of loan and advances; \n(ii) a declaration made under clause (i) may be varied at any time by a member \nwith the consent of the co-operative society in favour of which such charge is \ncreated; \n(iii) no member shall alienate the whole or any part of the land or interest therein \nspecified in the declaration made under clause (i) until the whole amount \nborrowed by the member together with interest thereon is paid in full: \nProvided that for the purpose of paying in full to the co-operative society the \nwhole amount borrowed by the member together with interest thereon, the \nmember may, with the previous permission in writing of the co-operative society \nand subject to such conditions as the co-operative society may impose, alienate \nthe whole or any part of such land or interest thereon : \nProvided further that standing crops on any such land may be alienated with the \nprevious permission of the co-operative society; \n\n(iv) any alienation made in contravention of the provisions of clause (iii) shall be \nvoid; \n(v) subject to the prior claims of the Government in respect of land revenue or \nany money recoverable as land revenue, there shall be a first charge in favour of \nthe co-operative society on the land or interest specified in the declaration made \nunder clause (i) for and to the extent of the dues owing by him on account of the \nloans and advances; \n(vi) the record of rights shall also include the particulars of every charge on land \nor interest created under a declaration under clause (i) notwithstanding anything \ncontained in any law relating to land revenue for the time being in force; \n(vii) any sum due to a co-operative society in consequence of charge created \nunder a declaration under clause (i) shall, on application of its recovery being \nmade by such co-operative society accompanied by a certificate signed by the \nRegistrar, be recoverable by the Collector, according to the law and under the \nrules for the time being in force for the recovery of land revenue. \nExplanation. - For the purposes of this section, \"co-operative society\" shall mean \nany co-operative society or class of co-operative societies specified in this behalf \nby the Government by a general or special order.",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "46",
"title": "Section 46. Charge and set-off in respect of share or contribution or interest of members.",
"chapter": null,
"content": "A co-operative society shall have a charge upon the share or contribution or interest \nin the capital and on the deposit of a member or past member or deceased \nmember and upon any dividend, bonus or profits payable to a member or past \nmember or the estate of a deceased member in respect of any debt due from such \nmember or past member or the estate of such deceased member to the co-\noperative society, and may set-off any sum credited or payable to a member or \npast member or the estate of deceased member in or towards payment of any such \ndebt.",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "47",
"title": "Section 47. Share or contribution or interest not liable to attachment.",
"chapter": null,
"content": "Subject to the provisions of section 45, the share or contribution or interest of a \nmember or past member or deceased member in the capital of a co-operative society \nshall not be liable to attachment or sale under any decree or order of any court in \nrespect of any debt or liability incurred by such member, and a receiver under the \nProvincial Insolvency Act, 1920 (5 of 1920) shall not be entitled to or have any claim \non such share or contribution or interest.",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "48",
"title": "Section 48. Register of members.",
"chapter": null,
"content": "Any register or list of members or shares kept by any co-operative society shall be \nprima facie evidence of any of the following particulars entered therein - \n(a) the date on which any person entered in such register or list became \na member; and \n(b) the date on which any such person ceased to be a member.",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "49",
"title": "Section 49. Admissibility of copy of entry as evidence.",
"chapter": null,
"content": "(1) A copy of any entry in a book of a co-operative society regularly kept in the course of its \nbusiness shall, if certified in such manner as may be prescribed, be received in any suit \nor legal proceedings as prima facie evidence of the existence of such entry, and shall be \nadmitted as evidence of the matters, transactions and accounts therein recorded in every \ncase where, and to the same extent as, the original entry itself is admissible. \n(2) No officer of a co-operative society and no officer in whose office the books of a co-\noperative society are deposited after liquidation shall, in any legal proceedings to which \nthe co-operative society or the liquidator is not a party, be compelled to produce any of \nthe co-operative society's books or documents the contents of which can be proved \nunder this section, or to appear as a witness to prove the matters, transactions and \naccounts therein recorded, except under order of the court or the arbitrator made for \nspecial cause.",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "50",
"title": "Section 50. Exemption from compulsory registration of instruments.",
"chapter": null,
"content": "Nothing in clauses (b) and (c) of sub-section (1) of section 17 of the Registration Act, \n1908 (16 of 1908) shall apply to - \n(1) any instrument relating to shares in a co-operative society \nnotwithstanding that the assets of the co-operative society \nconsist in whole or in part of immovable property; or \n(2) any debenture issued by any such co-operative society and not \ncreating, declaring, assigning, limiting or extinguishing any right, \ntitle or interest to or in immovable property, except in so far as it \nentitles the holder thereof to the security afforded by a registered \ninstrument whereby the co-operative society has mortgaged, \nconveyed or otherwise transferred the whole or part of its \nimmovable property or any interest therein to trustees upon trust \nfor the benefit of the holders of such debentures; or \n(3) any endorsement upon or transfer of any debenture issued by any \nsuch co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "51",
"title": "Section 51. Exemption from certain taxes, fees and duties.",
"chapter": null,
"content": "(1) The Government may, by notification in the Official Gazette, remit in respect of \nany class of co-operative societies - \n \n(a) the stamp duty chargeable under any law for the time being \nin force in respect of any instrument executed by or on behalf of \na co-operative society or by an officer or member thereof and \nrelating to the business of such co-operative society or any class \nof such instruments or in respect of any award or order made \nunder this Act, in cases, where, but for such remission the co-\noperative society, officer or member, as the case may be, would \nbe liable to pay such stamp duty; and \n\n(b) any fee payable under any law for the time being in force \nrelating to the registration of documents or court fees. \n(2) The Government may, by notification in the official Gazette, remit in respect of \nany class of co-operative societies - \n(a) land revenue; \n(b) taxes on agricultural income; and \n(c) taxes on professions, trades, callings and employments. \nProvided that the aforesaid exemption shall not include exemption in respect of \nCentral sales taxes or Central taxes or duties or levies.",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "52",
"title": "Section 52. Deduction from salary to meet co-operative society's claim in certain cases.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in any law for the time being in force, a \nmember of a co-operative society may execute an agreement in favour of the co-\noperative society providing that his employer shall be competent to deduct from \nthe salary or wages payable to him by the employer, such amount as may be \nspecified in the agreement and to pay the amount so deducted to the co-\noperative society in satisfaction of any debt or other demand owing by the \nmember to the co-operative society. \n(2) On the execution of such agreement, the employer shall, if so required by the co-\noperative society by a requisition in writing and so long as the co-operative \nsociety does not intimate that the whole of such debt or demand has been paid, \nmake the deduction in accordance with the agreement and pay the amount so \ndeducted to the co-operative society, as if it were a part of the salary or wages \npayable on the day as required under the Payment of Wages Act, 1936 (4 of \n1936). Such payment shall be valid discharge of the employer for his liability to \npay the amount deducted. \n(3) Where a requisition in writing from any co-operative society registered or deemed \nto be registered in any reciprocating State/Union territory in respect of a member \nof that co-operative society, who has executed any such agreement as is \nreferred to in sub-section (1) and who, for the time being, is employed in Delhi, is \nreceived by his employer, the requisition shall be acted upon as if it had been \nmade by a co-operative society in Delhi and the provisions of this section shall \nhave effect accordingly. \nExplanation-For the purpose of this sub-section \"reciprocating State/Union territory\" \nmeans any State or Union territory which the Government may, by notification in \nthe official Gazette, declare to be reciprocating State/Union territory. \n(4) If, after the receipt of a requisition made under sub-section (2) or sub-section (3), \nthe employer at any time fails to deduct the amount specified in the requisition \nfrom the salary or wages payable to the member concerned or makes default in \nremitting the amount deducted to the co-operative society, the co-operative \nsociety shall be entitled to recover any such amount from the employer as \narrears of land revenue and the amount so due from the employer shall rank in \n\npriority in respect of the liability of the employer equal to that of the wages in \narrears. \n(5) Nothing contained in this section shall apply to an establishment under a railway \nadministration operating any railway as defined in clause (20) of article 366 of the \nConstitution.",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "59",
"title": "CHAPTER - VI - Properties and funds of Co-operative Societies",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "53",
"title": "Section 53. Funds other than net profits not to be divided among members.",
"chapter": null,
"content": "No part of the funds other than net profits of a co-operative society shall be divided by \nway of bonus or dividend or otherwise distributed among its members : \nProvided that after at least one-fourths of the net profits in the year has been carried to the \nreserve fund, payments from the remainder of such profits and from any profits of past \nyears available for distribution may be made to the member to such extent and under \nsuch conditions as may be prescribed by the rules or bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "54",
"title": "Section 54. Contribution to charitable purpose.",
"chapter": null,
"content": "Any co-operative society may, with the prior approval of the general body, after one-fourths of \nthe net profits in any year has been carried to the reserve fund, contribute an amount not \nexceeding five per cent of the remaining net profits to any purpose connected with the \ndevelopment of co-operative movement or charitable purpose as defined in section 2 of \nthe Charitable Endowments Act, 1890 (6 of 1890).",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "55",
"title": "Section 55. Contribution to Co-operative Education Fund.",
"chapter": null,
"content": "A co-operative society shall out of its net profits in any year credit such portion of the \nprofits not exceeding five per cent as may be prescribed to the Co-operative \nEducation Fund constituted under the rules.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "56",
"title": "Section 56. Investment of funds.",
"chapter": null,
"content": "(1) A co-operative society may invest or deposit its fund - \n(a) in the postal savings bank; or \n(b) in any of the securities specified in section 20 of the Indian \nTrusts Act, 1882 (2 of 1882); or \n(c) in the shares or securities of any other co-operative society; \nor \n(d) with co-operative or scheduled or nationalised banks; or \n(e) in any federal co-operative society of which it is a member or \napex or financing bank; or \n\n(f) in any other mode permitted by the rules : \nProvided that the co-operative bank shall be required to make investment of its \nfunds in accordance with the directions, instructions and guidelines of the \nReserve Bank. \n(2) Any investment or deposit made before the commencement of this Act which \nwould have been valid if this Act had been in force are hereby ratified and \nconfirmed.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "57",
"title": "Section 57. Restrictions on loans.",
"chapter": null,
"content": "(1) A co-operative society shall not make a loan to any person other than a member: \nProvided that with the general or special sanction of the Registrar, a co-\noperative society may make a loan to another co-operative society : \nProvided further that the co-operative bank shall make loans and advances as \nper directions of the Reserve Bank from time to time. \n(2) Notwithstanding anything contained in sub-section (1), a co-operative society may \nmake a loan to a depositor within his deposit on its security.",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "58",
"title": "Section 58. Restrictions on borrowings.",
"chapter": null,
"content": "(1) A co-operative society may receive deposits, raise loans and receive grants from \nexternal sources to such extent and under such conditions as may be specified in \nthe bye-laws: \nProvided that the total amount of deposits and loans received during any \nfinancial year shall not exceed ten times of the sum of subscribed share capital \nand accumulated reserves: \nProvided further that while calculating the total sum of subscribed share capital \naccumulated reserves, the accumulated losses shall be deducted. \n(2) Subject to the provisions of sub-section (1), a cooperative society may accept \nfunds or borrow fund for the fulfillment of its objects as are mutually contracted \nupon and approved by the general body of members of the co-operative society. \n(3) A co-operative society may issue non-convertible debentures or other instruments \nsubject to the provisions of any law for the time being in force to raise resources \nfor fulfillment of its objectives to the extent of twenty five per cent of its paid up \nshare capital with the approval of general body of members with a provision for \nredemption fund for its repayment on maturity: \nProvided that in case of borrowing by a co-operative bank, it shall be in \naccordance with the directions, instructions and guidelines issued by the Reserve \nBank from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "59",
"title": "Section 59. Restrictions on other transactions with non-members.",
"chapter": null,
"content": "Save as provided in section 57 and section 58, the transactions of a co-operative \nsociety with any person other than a member shall be subject to such \nprohibitions and restrictions, if any, as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "67",
"title": "CHAPTER - VII - Audit, inquiry, inspection and surcharge",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "60",
"title": "Section 60. Audit.",
"chapter": null,
"content": "(1) A co-operative society shall get its accounts audited annually by an auditor \nselected from the panel prepared by the Registrar in the prescribed manner \nwithin the period of * one hundred twenty days from the prescribed date for making up \nits account for the year. \n(2) The audit under sub-section (1) shall include an examination of overdue debts, if \nany, the verification of the cash balance, securities and a valuation of the assets \nand liabilities of the co-operative society : \nProvided that in the case of a co-operative group housing society where land has \nbeen allotted, the audit report shall contain a separate chapter regarding detailed \nfinancial working of the co-operative society before construction, during \nconstruction, and on allotment of flats to members, detailing individual \ninvestment, defaults if any, by an individual, action taken by the committee in \ncase of default, etc. : \nProvided further that the Registrar shall be competent to issue guidelines and \ninstructions in this regard from time to time. \n(3) The person auditing the accounts of a co-operative society shall have free access \nto the books, accounts, papers, vouchers, stock and other property of such co-\noperative society and shall be allowed to verify its cash balance and securities. \n(4) The directors, managers, administrators and other officers of the co-operative \nsociety shall furnish to the person auditing the accounts of a co-operative society \nall such information as to its transactions and working as such person may \nrequire. \n(5) It shall be the duty of the committee of the co-operative society to ensure that its \naccounts are audited annually and the audit report presented for consideration in \nannual general body meeting of the co-operative society as provided in section \n31 and a copy of the audit report shall also be forwarded by the co-operative \nsociety to the Registrar for his information and record. \n(6) On failure to get the audit of the co-operative society conducted in time, the \nRegistrar shall get the audit conducted and fee paid shall be a charge against the \ndelinquent officers of the committee and shall be recoverable from them as an \narrears of land revenue as provided in section 111. \n(7) The auditor appointed under sub-section (1) to audit the accounts of a co-\noperative society shall have power where necessary - \n\n(a) to summon at the time of his audit any officer, agent, servant or \nmember of the co-operative society , past or present, who he has \nreason to believe can give valuable information in regard to \ntransactions of the co-operative society or the management of its \naffairs; and \n(b) to require the production of any book or document relating to the \naffairs of, or any cash or securities belonging to, the co-operative \nsociety by any officer, agent, servant, or member in possession \nof such books, documents, cash or securities and in the event of \nserious irregularities discovered during audit, to take them into \ncustody. \n(8) If at the time of audit the accounts of a co-operative society are not complete, the \nRegistrar or the person authorised by him under sub-section (1) to audit, may \ncause the accounts to be written up at the expense of the co-operative society. \n(9) Audit fee, if any, due from co-operative society shall be recoverable in the same \nmanner as is provided in section 111.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "61",
"title": "Section 61. Inspection of co-operative societies.",
"chapter": null,
"content": "(1) The Registrar may, on the request made by a creditor or, not less than one thirds of the \nmembers of the committee, or not less than one fifths of the total number of members, of \na co-operative society, undertake inspection of a co-operative society or class of co-\noperative societies by general or special order in writing and authorise any person by \norder in writing in this behalf, to make an inspection into the constitution, working and \nfinancial condition of a co-operative society. \n * Provided that where a serious complaint is made by a member or a pubic servant \nin writing about the affairs of a co-operative society or committee or office bearers, \nto the Registrar or to any person authorized by him in this regard not below the \nrank of Joint Registrar and if the Registrar is prima-facie satisfied, after recording \nhis views in writing and affording an opportunity to the person against whom \ncomplaint has been made, he may order an inspection in respect of only issue or \nissues as the case may be, raised in the complaint and the inspection shall be \nconducted by a person not below the rank of an Assistant Registrar. (Added vide \nNotification No. F.14(31)/LA-2004/16 dated 17/01/2005) \n \n(2) For the purpose of inspection under sub-section (1), the Registrar or a person authorised \nby him under that sub-section shall at all times have access to all books, accounts, \npapers, vouchers, securities, stock and other property of that society and may, in the \nevent of serious irregularities discovered during inspection, take into custody and shall \nhave power to verify the cash balance of the society and subject to general or special \norder of the Registrar, call a meeting of the committee and also a general body meeting \nof the society, where general body meeting is, in his opinion, necessary. \n(3) Every officer or member of a co-operative society shall furnish such information \nwith regard to working of the society as the Registrar or the person making such \ninspection may require. \n\n(4) A copy of the inspection under this section shall be communicated to the co-\noperative society within a period of ninety days from the date of completion of \nsuch inspection.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "62",
"title": "Section 62. Inquiry by the Registrar.",
"chapter": null,
"content": "(1) The Registrar may on the basis of findings of audit or inspection under section 61 \nor request from any creditor, or not less than one-thirds of the total members of \nthe co-operative society, by general or special order in writing in this behalf, hold \nan inquiry or direct any of the subordinate officials authorised by general or \nspecial order in this behalf to hold an inquiry in respect of such matters and such \nperiod as may be specified in this order, into the constitution, business, \nmanagement and financial affairs of a co-operative society and such enquiry \nshall be completed within such period as may be specified in the order but not \nexceeding ninety days. \n(2) The Registrar or the official authorised by him under sub-section (1) shall have \nthe following powers, namely - \n(a) he shall at all times have, for purpose of examination free access \nto the books, accounts, cash and other properties belonging to, \nor in the custody of, the co-operative society and may summon \nany person in possession or responsible for the custody of any \nsuch books, accounts, documents, securities, cash or other \nproperties to produce the same at any place specified by him; \n(b) he may, notwithstanding any rule or bye-laws specifying the \nperiod of notice for a general body meeting of the co-operative \nsociety, require the officers of the co-operative society to call a \ngeneral body meeting at such time and place at the \nheadquarters of the co-operative society to consider such matter \nas may be directed by him and where the officer of the co-\noperative society refuse or fail to call such a meeting, he shall \nhave power to call it himself; \n(c) he may summon any person who is reasonably believed by him \nto have any knowledge of the affairs of the co-operative society \nto appear before him at any place at the headquarters of the co-\noperative society or any branch thereof and may examine such \nperson on oath. \n(3) Any meeting called under clause (b) of sub-section (2) shall have all the powers of \na general body meeting called under the bye-laws of the co-operative society and \nits proceedings shall be regulated by such bye-laws. \n(4) The Registrar shall supply a copy of the report of the inquiry to the co-operative \nsociety, the financing institution, federal co-operative society if any, to which the \nco-operative society is affiliated and indebted and also to the person or authority, \nif any, at whose instance the inquiry is made.",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "63",
"title": "Section 63. Inspection of books of indebted co-operative societies.",
"chapter": null,
"content": "(1) The Registrar shall, on the application of creditor of a co-operative society, inspect \nor direct a subordinate official authorised by him by order in writing in this behalf, \nto inspect the books of the co-operative society : \nProvided that no such inspection shall be made unless the applicant - \n(a) satisfies the Registrar that the debt is sum then due, and that \nhe has demanded payment thereof and has not received \nsatisfaction within a reasonable time; and \n(b) deposits with the Registrar such sum as security for the costs \nof proposed inspection as the Registrar may require. \n(2) The Registrar shall communicate the result of any such inspection to the creditor.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "64",
"title": "Section 64. Cost of inquiry.",
"chapter": null,
"content": "Where an inspection is held under section 61, or an inquiry is made under sections \n62, the Registrar may apportion the costs or such part of the costs as he may \nthink fit, between the co-operative society, the members or creditor demanding \nan inspection or inquiry if any and the officers or former officers and the members \nor past members of the co-operative society : \nProvided that - \n(a) no order of the apportionment of the costs shall be made \nunder this section unless the co-operative society or the person \nliable to pay the costs thereunder has had reasonable \nopportunity of being heard; \n(b) the Registrar shall state in writing under his own hand the \ngrounds on which the costs are apportioned.",
"footnote": "",
"is_definition": false,
"sort_order": 710
},
{
"number": "65",
"title": "Section 65. Recovery of cost.",
"chapter": null,
"content": "Any sum awarded by way of costs under section 64 may be recovered, as if it were \nan arrears of land revenue.",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "66",
"title": "Section 66. Surcharge.",
"chapter": null,
"content": "(1) If in the course of an audit, inspection, inquiry or the winding up of a co-operative \nsociety, it is found that any person who is or was entrusted with the organisation \nor management of such co-operative society or who is or has at any time been \nan officer or an employee of the co-operative society had made any payment \ncontrary to this Act, the rules or the bye-laws or has caused any deficiency in the \nassets of the co-operative society by breach of trust or wilful negligence or has \nmisappropriated or fraudulently retained any money or other property belonging \nto such co-operative society, the Registrar may, of his own motion, or on the \napplication of the committee, liquidator or any creditor, inquire himself or direct \nany person authorised by him by an order in writing in his behalf, to inquire into \nthe conduct of such person. \n\n(2) Where an inquiry is made under sub-section (1), the Registrar may, after giving \nthe person concerned an opportunity of being heard make an order requiring him \nto repay or restore the money or property or any part thereof with interest at such \nrate or to pay contribution and costs or compensation to such extent as the \nRegistrar may consider just and equitable. \n(3) Any sum ordered under this section to be repaid to a co-operative society or \nrecovered as a contribution to its assets may be recovered on a requisition being \nmade in this behalf by the Registrar to the Collector in the same manner as \narrears of land revenue. \n(4) This section shall apply notwithstanding that such person or officer or servant \nhave incurred criminal liability by this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "67",
"title": "Section 67. Rectification of defects in audit, inquiry or inspection.",
"chapter": null,
"content": "The Registrar shall draw the attention of the co-operative society to the defects \nnoticed in every audit conducted under section 60 or inspection held under section \n61 or inquiry made under section 62 or inspection of books made under section 63 \nand if the co-operative society is affiliated to federal co-operative society also draw \nthe attention of that federal co-operative society and may make an order directing the \nco-operative society or its officers to take such action and within such time as may be \nspecified therein to remedy such defects.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "68",
"title": "Section 68. Power to summon and examine documents and persons, etc.",
"chapter": null,
"content": "(1) The Registrar, or the auditor or any person authorised by either of them to \nexercise any powers under this Act shall at all reasonable times have free access \nto the books, accounts, documents, records, securities, cash and other \nproperties belonging to, or in the custody of the co-operative society and may \nsummon any person in possession of, or responsible for the custody of any such \nbooks, accounts, documents, records, securities, cash or other properties, to \nproduce all or any of them at any place at the headquarters of the co-operative \nsociety or any branch thereof. \n(2) The Registrar or any other subordinate official authorised by him to exercise any \npowers under this Act - \n(a) may summon any person who, he has reason to believe has \nknowledge of any of the affairs of the co-operative society to \nappear before him at any place at the headquarters of the co-\noperative society or any branch thereof or at any other place \nspecified by the Registrar, and may examine that person on \noath; \n(b) may seize the books, accounts or documents belonging to, or \nin the custody of, the co-operative society, if he considers that \nsuch seizure is necessary to ensure safety of such books, \naccounts or documents, and shall give the person from whose \ncustody the books, accounts or documents have been seized, a \nreceipt for the same : \nProvided that the books, accounts or documents so seized shall be retained by \nhim only for so long as may be necessary \n\nProvided further that the books, accounts or documents so seized shall not be \nretained for more than sixty days at a time except with the permission of the next \nhigher authority.",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "69",
"title": "Section 69. Maintenance of accounts and books, etc.",
"chapter": null,
"content": "(1) The paid executive of every co-operative society by whatsoever designation he is \ncalled, or the president or any other office bearer as provided in the bye-laws of \nthe co-operative society, if there is no such paid executive for that co-operative \nsociety, shall be bound to keep, maintain or cause to be maintained such \naccounts and books relating to that co-operative society in such manner as may \nbe prescribed and shall be responsible for the correct and up-to-date \nmaintenance of such accounts and books, for producing or causing production of \nthe same when called for in connection with audit, inspection or inquiry. \n(2) If such accounts and books are not maintained, the Registrar may direct the \nperson who is responsible to bring the accounts and books up-to-date to make \nthem up-to-date, and he shall be bound to comply with such direction within the \nperiod specified therein. \n(3) If the person fails to comply with the direction under sub-section (2), the Registrar \nmay ask the committee of the co-operative society for taking action against such \nperson including suspension for such period, if necessary, as he may consider \nnecessary and authorise any person to take action for bringing such accounts \nand books up-to-date at the expenses of the co-operative society and such \nexpenses shall be recoverable from the co-operative society as if it were an \narrear of land revenue. \n(4) Where the Registrar takes action under sub- section (3), the Registrar may call \nupon the person concerned whom he considers to be responsible for not \ncomplying with the direction made under sub-section (2) and after giving such \nperson an opportunity of being heard, may require him to pay to the co-operative \nsociety the expenses paid or payable by him to the Government as a result of his \nfailure to take action.",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "78",
"title": "CHAPTER - VIII - Settlement of Disputes",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "70",
"title": "Section 70. Disputes which may be referred for arbitration.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in any law for the time being in force, if any \ndispute touching the constitution, management or the business of a co-operative \nsociety other than a dispute regarding disciplinary action taken by the co-\noperative society or its committee against a paid employee of the co-operative \nsociety arises - \n(a) among members, past members and persons claiming through members, \npast members and deceased members; or \n(b) between a member, past member or person claiming through a member, past \nmember or deceased member and the co-operative society, its committee or any \n\nofficer, agent or employee of the co-operative society or liquidator, past or \npresent; or \n(c) between the co-operative society or its committee and any past committee, \nany officer, agent or employee, or any past officer, past agent or past employee \nor the nominee, heirs or legal representatives of any deceased officer, deceased \nagent, or deceased employee of the co-operative society; or \n(d) between the co-operative society and any other co-operative society, \nbetween a co-operative society and liquidator of another co-operative society or \nbetween the liquidator of one co-operative society and the liquidator of another \nco-operative society; \nsuch disputes shall be referred to the Registrar for decision and no court shall \nhave jurisdiction to entertain any suit or other proceedings in respect of such \ndisputes. \n(2) If any question arises whether a dispute referred to the Registrar under this \nsection is or is not a dispute touching the constitution, management or the \nbusiness of a co-operative society, the decision thereon of the Registrar shall be \nfinal and shall not be called in question in any court. \n(3) The Registrar shall decide the aforesaid question within a period of ninety days \nand in case the aforesaid question, as enumerated under sub-section (2) is not \ndecided within the stipulated period of ninety days, the dispute shall be deemed \nto have been admitted under section 70 of this Act and the same shall be \nreferred for decision under section 71. \n(4) (a) Notwithstanding anything contained in the Limitation Act, 1963 (36 of 1963), \nbut subject to the specific provisions made in this Act, the period of limitation in \nthe case of a dispute referred to the Registrar under sub-section (1) shall - \n(i) when the dispute relates to the recovery of any sum including \ninterest thereon due to a co-operative society by a member \nthereof, be computed from the date on which such member dies \nor ceases to be member of the co-operative society, be three \nyears; \n(ii) save as otherwise provided in sub-clause (iii), when the \ndispute relates to any act or omission on the part of any of the \nparties referred to in clause (b) or clause (c) of sub-section (1), \nbe six years from the date on which the act or omission with \nreference to which the dispute arose or took place; \n(iii) when the disputes relates to a co-operative society which has \nbeen ordered to be wound up under section 95 or section 96 or \nsection 97 or in respect of which an administrator has been \nappointed under section 37, be six years from the date of the \norder issued under section 95 or section 96 or section 97 or \nsection 37, as the case may be; and \n(iv) when the dispute is in respect of an election of an officer of a \nco-operative society be thirty days from the date of the \ndeclaration of the result of the election. \n\n(b) The period of limitation in the case of any other dispute except those \nmentioned in the foregoing clause which are required to be referred to the \nRegistrar shall be regulated by the provisions of the Limitation Act, 1963 (36 of \n1963), 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 \nadmit a dispute after the expiry of the period of limitation, if the applicant satisfies \nthe Registrar that he had sufficient cause for not referring the dispute within such \nperiod and the dispute so admitted shall be a dispute which shall not be barred \non the ground that the period of limitation has expired. \n(5) Save as otherwise provided under this Act, the provisions of the Arbitration and \nConciliation Act, 1996 (26 of 1996) shall apply to all arbitrations under this Act, as \nif proceedings for arbitration were referred for settlement or decision under the \nprovisions of the Arbitration and Conciliation Act, 1996.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "71",
"title": "Section 71. Reference of disputes to arbitration.",
"chapter": null,
"content": "(1) The Registrar may, on receipt of the reference of dispute under section 70 – \n \n(a) decide the dispute himself, or \n(b) transfer it for disposal to any person who has been invested by the \nGovernment with powers in that behalf, or \n(c ) refer it for disposal to an arbitrator. \n \n(2) The method, manner of selection, appointment of arbitrators, their \nqualifications, terms and conditions of appointment and fees payable to \nthem shall be as prescribed under the rules. \n \n(3) (a) For selecting persons for appointment as arbitrators, the Government shall \nconstitute a selection committee which shall consist of the following, namely :- \n \n(i) Minister in charge of the Department of Co-operative Societies – Chairman \n \n(ii) One elected member of the Delhi Legislative Assembly - Member \n \n \n(iii) Secretary (Cooperation) to the Government - Member \n \n(iv) Secretary (Law & Justice) to the Government - Member \n \n \n(v) Registrar, Cooperative Societies - Member \n \n(b) All decisions of the selection committee shall be taken by majority. \n \n(4) The Registrar may withdraw any reference under clause (b) of sub-section (1) or \nreferred under clause (c) of sub-section (1) and decide it himself or refer the same \nto another arbitrator for decision. \n \n(5) The Registrar or any other arbitrator to whom a dispute is referred for decision \nunder this section may, pending the decision of the dispute, make such \ninterlocutory orders as he may deem necessary in the interest of justice. \n(Substituted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005)",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "72",
"title": "Section 72. Power of financing bank and federal co-operative society to proceed.",
"chapter": null,
"content": "(1) If a co-operative society is unable to pay its debts to a financing bank or a federal \nco-operative society by reason of its members committing default in the payment \nof the moneys due by them, the financing bank or the federal co-operative \nsociety as the case may be, may direct the committee of such a co-operative \nsociety to proceed against such members under section 71 and if the committee \nfails to do so within a period of ninety days from the date of receipt of such \ndirection, the financing bank or the federal co-operative society itself may \nproceed against such members in which case the provisions of this Act, the rules \nor the bye-laws shall apply as if all references to the co-operative society or its \ncommittee in the said provisions were references to the financing bank or the \nfederal co-operative society. \n(2) Where a financing bank or federal co-operative society has obtained a decree \nor award against a co-operative society in respect of moneys due to it from the \nco-operative society, the financing bank or the federal co-operative society may \nproceed to recover such moneys firstly, from the assets of the co-operative \nsociety and secondly, from the members to the extent of their debts due to the \nco-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "82",
"title": "CHAPTER - IX - Special provisions for Co-operative Housing Societies",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "73",
"title": "Section 73. Application of this chapter.",
"chapter": null,
"content": "This Chapter ll apply to - \n(a) all co-operative housing societies including housing finance \nsociety registered or deemed to be registered at the \ncommencement of this Act; \n(b) all co-operative housing societies including housing finance \nsociety registered or deemed to be registered under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "74",
"title": "Section 74. Definitions.",
"chapter": null,
"content": "In this Chapter, unless the context otherwise require- \n(a) \"allottee\" means a member of a co-operative housing society to \nwhom a plot of land or a site, or a flat in a building or complex \nheld by it, is allotted by the co-operative society; \n(b) \"apex\" means the Delhi Co-operative Housing Finance \nCorporation Ltd; a co-operative society registered to provide long \nterm finances for construction, development of infrastructure, \nbridge loan for land etc., against certain securities or sureties for \nconstruction, purchase of land, etc.; \n(c) \"building fund\" means a fund created by the collection of \ncontributions from members for - \n\n(i) the purchase and or acquisition of land; or \n(ii) the land development; or \n(iii) the construction of dwelling units in a complex or \nbuildings; or \n(iv) for the purpose of providing any other common \namenities to achieve the objectives of the co-\noperative housing society; \n(d) \"building maintenance fund\" means a fund created by collection \nof the contribution from its members at such rate as may be \ndetermined by the general body meeting of the members \nannually as a part of budget provision for carrying out repairs or \nstructural additions, improvements or alterations to the property \nof the co-operative housing society which is likely to increase the \nlife of such property and to maintain the property of the said \nsociety in good and habitable conditions at all times; \n(e) \"co-operative housing society\" means a co-operative society - \n(i) registered or deemed to be registered as a co-operative \nhousing society under this Act; \n(ii) the principal object of which is to provide its members open \nplots under plot housing, dwelling units or flats (whether in a \nmulti-storeyed building or otherwise) in a complex under group \nhousing and in case where open plots or dwelling units or flats \nare already acquired to provide its members common amenities \nand services including services relating to the arrangement of \nfinances for facilitating construction of dwelling units in order to \nsolve their needs of dwelling units through mutual-aid in \naccordance with the co-operative principles, and includes a \nhouse building, co-partnership, co-ownership housing society, \nco-operative housing maintenance society, multipurpose co-\noperative housing society and any other co-operative society of \nlike nature and purpose; \n(iii) \"co-operative housing maintenance society\" means a co-\noperative society formed by the owners of dwelling units in a \nbuilding for the purpose of maintenance of the building and \nprovisions of common amenities, services, etc; \n(iv) \"co-ownership co-operative housing society\" means a co-\noperative society known as \"house building\" or plotted society in \nwhich the land is held either on lease-hold or free-hold basis by \nthe co-operative society and the houses constructed on it are \nowned or to be owned by its members; \n(v) \"co-partnership co-operative housing society\" known as \ngroup housing means a co-operative society in which land and \nbuildings are held by the co-operative society on lease-hold or \nfree hold basis and members are allotted flats or such other \n\npremises in such buildings with a right to occupy the same in \naccordance with terms of lease, Government's guidelines and \nthe bye-laws of such group housing; \n(vi) \"multi-purpose co-operative housing society\" means a \nsociety formed with the object of undertaking multifarious \nactivities for the economic and social development of its \nmembers, particularly of slum dwellers and economically weaker \nsections of the people, in addition to providing better housing \naccommodation and better environment to improve their quality \nof life; \n(f) \"dwelling unit\" includes a house, flat and apartment for the purpose of dwelling; \n(g) \"external repairs\" means all structural repairs and repairs required to be carried \nout to the property of the co-operative society the use of which is common to two \nor more members, and includes repairs of common walls, external walls, roads, \nlifts, water tanks, electric pumps, staircases, terraces and parapet walls, roofs of \nflats, street lights, electric lines, all leakages of water, water pipelines, compound \nwalls, septic tanks, fencing, drainage, gates and other like common amenities; \n(h) \"internal repairs\" means such repairs as are not external repairs; \n(i) \"maintenance fund\" means periodical payments which are made by the members \nor occupants of house or flat to meet the expenditure incurred by a housing co-\noperative society towards providing of cleanliness, watch and ward, landscape, \nwater supply, lifts, maintenance services for sanitary, electric fittings, drains, fire \nfighting system, generation sets, intercom systems, etc. within the complex fixed \nannually by the general body meeting of the members as a budget provision; \n(j) \"National Housing Bank\" means the National Housing Bank established under the \nNational Housing Bank Act, 1987 (53 of 1987); \n(k) \"occupancy right\" means the right of an allottee to possess and use the plot of \nland, site or dwelling unit or flat allotted to him with power to give it on hire or on \nlease and licence or to mortgage it or to donate or to gift or to transmit it by will or \nby inheritance or to transfer it after paying the transfer fee; \n(l) \"outgoings\" means ground rent, if any, municipal and other local taxes, cesses, \ncharges, water charges, electricity charges, revenue assessments, expenses of \nmanagement and maintenance, repairs to or replacement of any property, \ninsurance premium, other like expenses in respect of the co-operative housing \nsociety on recurring or non-recurring basis; \n(m) \"sub-allottee\" means an individual or body of persons, whether incorporated or \nnot, in whose favour the possession of the dwelling unit or part thereof is \ntransferred for a period of not less than ninety days, and includes a tenant, \nlicensee, paying guest and caretaker thereof; \n(n) \"transfer fee\" means fee payable to transfer the membership of a member to \nanother person in a co-operative housing society as provided in section 91; \n\n(o) words and expressions defined in this Act and used, but not defined, in this \nChapter, shall have the same meanings, assigned to them in this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 830
},
{
"number": "75",
"title": "Section 75. Limit on membership.",
"chapter": null,
"content": "A co-operative housing society shall not admit to its membership persons exceeding \nthe number of dwelling units or plots as the case may be, available for allotment \nin that co-operative housing society. \n* Provided that a cooperative house building society may admit to its membership \nmore than the plots allotted in case the plot owner has constructed and sold \nfloors, by charging transfer fee of five thousand rupees and share money and \nadmission fee as per provisions of the by-laws of the society and in that case the \ncommittee shall grant membership within a period of thirty days after the \nsubmission of application for grant of membership by such applicant and in case \nof refusal by the committee, the applicant may appeal to the Registrar within \nthirty days of the refusal by the committee and the decision of the Registrar in \nsuch appeal shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 840
},
{
"number": "76",
"title": "Section 76. Rights and privileges of members on allotment of plot or dwelling unit in a.",
"chapter": null,
"content": "(1) Every member of a co-operative housing society, whether registered before or \nafter the commencement of this Act, to whom plots of land or dwelling units have \nbeen allotted, shall be issued certificate of allotment by the co-operative housing \nsociety under its seal and signature in such form as may be prescribed. \n(2) Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of \n1882), or the Registration Act, 1908 (16 of 1908), any allotment (including re-\nallotment) of a plot of land or dwelling unit in a building of a co-operative housing \nsociety to its member as per terms of allotment shall entitle such member to hold \nsuch plot of land or dwelling unit with such title or interest. \n(3) A member of a co-operative housing society shall not be entitled to any title or \ninterest in any plot of land or dwelling unit in a building of the co-operative society \nuntil he has made such payment as may be specified by the co-operative \nhousing society towards the cost of such plot of land or construction of such \ndwelling unit, as the case may be, to the co-operative housing society. \n(4) The right, title and interest in a plot of land or dwelling unit in a building of the \nco-operative housing society (including the undivided interest in common areas \nand facilities) shall constitute a heritable and transferable immovable property \nwithin the meaning of any law for the time being in force : \nProvided that notwithstanding anything contained in any other law for the time \nbeing in force, such land or building shall not be partitioned for any purpose \nwhatsoever. \n(5) Every member of a co-operative housing society shall be entitled to an \nundivided interest in the common areas and facilities pertaining to the plot of land \nor dwelling unit allotted to him, which shall be described in the certificate of \nallotment as provided in sub-section (1). \n\n(6) Every member of a co-operative housing society in whose favour a plot of \nland or a dwelling unit has been allotted shall have the right to use the common \nareas and facilities as prescribed by the co-operative housing society and in case \nof any violation by a member, the committee shall be competent to recover it at \nthe cost of the encroacher which also be applicable with regard to the common \nareas under the control of the co-operative housing society. \n(7) The work relating to the maintenance, repair and replacement of the common \nareas and facilities (including additions or improvements thereto) shall be carried \nout in accordance with the building rules of the concerned civic authorities, or \nother competent authority, as the case may be, and the costs thereof shall be \napportioned amongst the members of the co-operative housing society in such \nmanner as may be determined and notified by the committee from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
{
"number": "77",
"title": "Section 77. Allotment of plots, flats or houses through draw of lots.",
"chapter": null,
"content": "(1) Allotment of plots of land, flats, houses or other dwelling units shall be made by \nthe committee of a co-operative housing society to the members strictly on the \nbasis of draw of lots only in respect of such members whose enrolment as a \nmember of a co-operative housing society is found proper in accordance with the \nprovisions of this Act, rules framed thereunder and the bye-laws of the co-\noperative housing society * by the Registrar with the prior approval of a \ncommittee as prescribed and such a draw of lot shall be conducted by the lessor \nof the land in accordance with the terms and conditions of lease. \n(2) If any draw of lot is held in violation of the above provisions it shall be void \nand any financial loss on account of this shall be recovered as arrears of land \nrevenue from persons who were responsible for it and such persons shall be \ndebarred from holding any office in the co-operative housing society in future. \n(3) Every member of a co-operative housing society, whether registered before \nor after the commencement of this Act, to whom plots of lands, flats, houses or \nother dwelling units have been allotted, shall be issued certificate of occupancy \nby the co-operative housing society under its seal and signature in such form, on \nsuch terms and on such conditions as may be prescribed and such certificate \nshall be issued forthwith when all the dues as may be determined and notified by \nthe co-operative housing society are duly paid by the member.",
"footnote": "",
"is_definition": false,
"sort_order": 860
},
{
"number": "78",
"title": "Section 78. Provision for nomination.",
"chapter": null,
"content": "(1) Every member of a co-operative housing society shall nominate a person or \npersons to whom in the event of his death his right and interest in such co-\noperative housing society shall be transferred. \n(2) The member of the co-operative housing society shall have right to change \nthe nomination at any time. \n(3) There shall not be more than one nomination subsisting at any time: \nProvided that joint and more than one nomination within the blood relation shall \nbe permissible.",
"footnote": "",
"is_definition": false,
"sort_order": 870
},
{
"number": "79",
"title": "Section 79. Restriction on transfer of share or interest of a member.",
"chapter": null,
"content": "Subject to the provisions of this Act, in the case of a co-operative housing society, no \ntransfer of share or interest of a member or the occupancy right, except the \ntransfer to his heir or a nominee, shall be effective, unless - \n(a) the previous permission of the co-operative housing society has been \nobtained * by the transferor; \n(b) the dues of the co-operative housing society are paid or transferred to the \ntransferee with the consent of the co-operative housing society; \n(c) the transferor vacates and gives possession of the premises to the transferee; \nand \n(d) the transferee applies and acquires membership of the co-operative society : \nProvided that the transfer of share or interest in respect of lease hold properties \nshall be governed by the terms of the lease.",
"footnote": "",
"is_definition": false,
"sort_order": 880
},
{
"number": "80",
"title": "Section 80. Permission for transfer of occupancy right not to be ordinarily refused and.",
"chapter": null,
"content": "(1) No co-operative housing society shall ordinarily refuse to grant to its member \npermission for transfer of his occupancy right in the property of the co-operative \nhousing society unless the transferee is otherwise not qualified to be a member : \nProvided that nothing contained in any agreement, contract or the bye-laws \nregarding eligibility for membership stipulated therein shall apply to a nominee, \nheir or legal representative of the deceased member for his admission to \nmembership of the co-operative housing society : \nProvided further that aforesaid transfer in case of lease hold land shall be \ngoverned by the provisions of the perpetual lease of land. \n(2) The decision of the co-operative housing society on an application for \npermission to such transfer shall be communicated to the applicant within thirty \ndays from the date of receipt of the application. \n(3) Any person aggrieved by the decision of the co-operative housing society \nrefusing permission for such transfer may within thirty days from the date on \nwhich the refusal of permission is communicated to him appeal to the Registrar. \n(4) The Registrar shall dispose of the appeal within a period of one hundred and \ntwenty five days whose decision shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 890
},
{
"number": "81",
"title": "Section 81. Creation, maintenance and utilisation of building and replacement fund.",
"chapter": null,
"content": "(1) A co-operative housing society which owns land or building shall maintain \na corpus of building maintenance fund by collecting money from its members as \ntheir contribution to the extent and in the manner as may be fixed annually by the \ngeneral body meeting. \n(2) The building maintenance fund shall be utilised only for the purposes of \nrepairs and maintenance of the building and for carrying out such structural \n\nadditions and alterations to the building which are essential for the safety of the \nbuilding and to increase its life. \n(3) The building maintenance fund of the co-operative housing society, when not \nrequired by it for its immediate use, shall be invested with the apex or financing \nbank. \n(4) A corpus for replacement fund shall be created annually through a budget \nprovision duly approved by the general body of members of the society and shall \nbe utilized only for replacement of building in course of time.",
"footnote": "",
"is_definition": false,
"sort_order": 900
},
{
"number": "82",
"title": "Section 82. Registration of mortgage in favour of co-operative housing society or apex.",
"chapter": null,
"content": "Notwithstanding anything contained in the Registration Act, 1908 (16 of \n1908), it shall not be necessary to register mortgages, executed in favour of co-\noperative housing society or apex provided that the co-operative housing society \nor apex sends, within a period of sixty days, a copy of the instrument whereby \nthe property is mortgaged or a written declaration creating a charge on such \nproperty in the prescribed form and manner to the registering officer within whose \njurisdiction the whole or part of the mortgaged property is situated and such \nregistering officer shall file a copy or copies thereof, as the case may be, in Book \nNo.1 prescribed under section 51 of the Registration Act, 1908 (16 of 1908).",
"footnote": "",
"is_definition": false,
"sort_order": 910
},
{
"number": "83",
"title": "Section 83. Settlement of disputes.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in any law relating to rents or any \nother corresponding law for the time being in force in Delhi, any dispute relating \nto the occupation or recovery of possession of any plot, dwelling unit or flat in any \nco-operative housing society, the recovery of dues payable by a member or sub-\nallottee to a co-operative housing society or vice-versa arising on or after the \ndate of the commencement of this Act and suits or proceedings pending in any \ncourt after such commencement, shall be deemed to be a dispute within the \nmeaning of section 70 of this Act and shall be decided in accordance with the \nprovisions of this Act, and no court or other tribunal or authority shall have \njurisdiction to entertain and decide any proceedings in respect of such disputes. \n(2) Notwithstanding anything contained in the law relating to rents or any other \ncorresponding law for the time being in force, no licensee, caretaker, or sub-\nallottee who is occupying the dwelling unit or flat, or plot of land in a co-operative \nhousing society shall be a tenant of such dwelling unit or flat or plot of land within \nthe meaning of that law. \n(3) Where any property mortgaged to the co-operative housing society including \nthe apex, as the case may be, is wholly or partially destroyed or for any reasons \nthe security is rendered insufficient and the mortgagor having been given \nreasonable opportunity to repay such portion of loan as may be determined by \nthe co-operative housing society or the apex, as the case may be, has failed to \nprovide such security or to such portion of loans, the whole of the loan shall be \ndeemed to fall due at once notwithstanding the original terms on which the loan \nwas advanced, and the co-operative housing society or the apex, as the case \nmay be, shall be entitled to take action against the mortgagor for the recovery \nthereof. \n\n(4) All loans granted by the co-operative housing society or the apex, as the case \nmay be, and all interests chargeable thereon and costs incurred in making the \nsame, shall be recoverable when they become due by the co-operative housing \nsociety or the apex, as the case may be. \n(5) If any installment payable under the mortgage executed in favour of the co-\noperative housing society or the apex, as the case may be, or any financial \ninstitution which the National Housing Bank, having regard to the objects of this \nChapter, has recognised for the purposes of this section, being a financial \ninstitution whose main object is to provide housing finance and any part of such \ninstallment has remained unpaid for more than ninety days from the date on \nwhich it falls due, the co-operative housing society or the apex or the said \nfinancial institution may, in addition to any other remedy available to it, apply to \nthe Registrar for the recovery of such installments or part thereof as arrears of \nland revenue, who will complete the enquiry to satisfy himself about the request \nwithin a period of thirty days from the date of receipt of such application and shall \neither issue a certificate for recovery as arrears of land revenue or reject it after \ngiving grounds for doing so within the said period of thirty days. \n(6) On the issuance of letter for execution of award, the right of the original \nallottee member shall be suspended subject to the mortgage interest of the \nmortgage and in case the property has been transferred through the instrument \nof power of attorney and agreement for sale, the occupant as power of attorney \nholder or purchaser of agreement for sale shall be deemed as trespasser. \n(7) The committee shall give sixty days time to such a person to vacate the \npremises failing which the committee shall take appropriate legal recourse for \nimplementation of the decision of the committee.",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
{
"number": "84",
"title": "Section 84. Recovery of outgoings and arrears of dues as arrears of land revenue.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this Act, on an application made by \na co-operative housing society or the apex for the recovery of its outgoings and \nof arrears of its dues of such sums advanced by it to any of its members, on its \nfurnishing statement of the accounts in respect of arrears, the Registrar may, \nafter making such inquiries as he deems fit, grant a certificate for the recovery of \nthe amount stated therein to be due as arrears and such an enquiry shall be \ncompleted by the Registrar within thirty days. \n(2) Where the Registrar is satisfied that the concerned co-operative housing \nsociety has failed to take action under sub-section (1) in respect of any amount \ndue as arrears and outgoings, the Registrar may of his own motion, after making \nsuch an enquiry as he deems fit, grant a certificate for the recovery of the amount \nstated therein to be due as arrears and such a certificate shall be deemed to \nhave been issued as if issued on an application made by the co-operative \nhousing society or the apex concerned. \n(3) A certificate granted by the Registrar under sub-section (1) or sub-section (2) \nshall be final and a conclusive proof of the arrears stated to be due therein and \nthe same shall be recoverable according to the law for the time being in force for \nthe recovery of arrears of land revenue. \n(4) It shall be lawful for the Collector and the Registrar to take precautionary \nmeasures authorised by law until the arrears due to the co-operative housing \n\nsociety or the apex, as the case may be, together with interest and any incidental \ncharges incurred in the recovery of such arrears are paid or security of such \narrears is furnished to the satisfaction of the Registrar. \n(5) It shall be competent for the Registrar or a person authorised by him to direct \nconditional attachment of the property of the mortgagor until the arrears due to \nthe co-operative housing society or the apex, as the case may be, together with \ninterest and any incidental charges incurred in the recovery of such arrears are \npaid or security for payment of such arrears is furnished to the satisfaction of the \nRegistrar or the person authorised by him.",
"footnote": "",
"is_definition": false,
"sort_order": 930
},
{
"number": "85",
"title": "Section 85. Recovery of dues and foreclosures.",
"chapter": null,
"content": "(1) Where a co-operative housing society has raised loan from the apex or \nany other approved housing finance institution against the security of land and \nbuilding and the possession of such building has been handed over to the loanee \nmembers, if any member fails to repay the loan installment for a continuous \nperiod of sixty days after the installment has become due, the co-operative \nhousing society shall issue a notice for repayment of the defaulted amount along \nwith the balance outstanding as recall of loan. \n(2) If the member fails to repay the recalled amount of loan together with the \ninterest, if any, within thirty days, the committee shall refer the case to the \nRegistrar who may make further enquiries as deem fit and issue a notice to the \ndefaulter member providing him an opportunity to pay the defaulted amount \nwithin such time as he may deem fit subject to a maximum of ninety days and \npass orders to that effect and in case the defaulter member still persists in \ndefault, the Registrar may issue a recovery certificate for the recovery of \ndefaulted amount along with interest and cost, if any, as arrears of land revenue : \nProvided that the apex or the financing institution may directly approach the \nRegistrar for initiating proceedings against the defaulter member as above, in \ncase the committee fails to initiate action against the defaulter member within \nthirty days.",
"footnote": "",
"is_definition": false,
"sort_order": 940
},
{
"number": "86",
"title": "Section 86. Expulsion of a member.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this Act and the rules framed \nthereunder, the committee of a co-operative housing society may, by a \nresolution, expel a member on any one or more of the following grounds, namely \n- \n(a) if he has been a persistent defaulter in respect of any dues of \nthe co-operative housing society; or \n(b) if he has willfully deceived the co-operative housing society \nby making any false statement or submitting any false document \nto obtain the membership of such co-operative society; or \n(c) if he has brought disrepute to the co-operative society or has \ndone any other act detrimental to the interest and proper working \nof the co-operative society : \n\nProvided that no such resolution shall be passed unless the member concerned \nhas been given an opportunity of being heard after service of three registered \nnotices confronting the member with the grounds for his proposed expulsion : \nProvided further that no member shall be expelled unless a resolution to that \neffect is passed by not less than three-fourths of the members of the committee \npresent and entitled to vote at the meeting and no resolution for expulsion shall \nbe valid unless approved by the Registrar. \n(2) After the resolution for expulsion is passed as above by the committee, the \nresolution shall be referred to the Registrar for approval within a period of thirty \ndays. \n(3) On the receipt of the resolution for expulsion, the Registrar shall take \ncognizance of such resolution within thirty days and pass a final order either \napproving the expulsion or rejecting the proposal for expulsion within a period of \none hundred and eighty days and if the matter is not decided by the Registrar \nwithin the aforesaid period, the expulsion of such a member shall be deemed to \nhave been approved : \nProvided that the Registrar, before approving the resolution, shall hear the \nparties concerned in the manner prescribed and shall have power to summon \nand enforce attendance of witnesses including the parties interested or any of \nthem and compel them to give evidence on oath, affirmation or affidavit and to \ncompel production of documents by the same means and as far as possible in \nthe same manner as provided in the case of a civil court under the Code of Civil \nProcedure, 1908 (5 of 1908) and the order under this section so passed by the \nRegistrar, shall be final with a right for appeal before the Tribunal. \n(4) Any party aggrieved by the order of the Registrar or deemed approval of \nexpulsion, as the case may be, under sub-section (3) may, within sixty days from \nthe date of such order, appeal to the Tribunal.",
"footnote": "",
"is_definition": false,
"sort_order": 950
},
{
"number": "87",
"title": "Section 87. Additional grounds for Cessation of membership of co-operative housing.",
"chapter": null,
"content": "Subject to the provision of this Act, in the case of a cooperative housing society, a \nperson shall also cease to be a member of a cooperative society - \n(a) on disposing of the property through instrument of power of \nattorney and agreement for sale subject to the interest of the \nmortgagee if there is any loan on the property; or \n(b) if he - \n(i) before becoming a member of a cooperative housing \nsociety, already owns, either in his own name or in the \nname of his spouse or any of his dependent children; \n(ii) after becoming a member in a cooperative housing \nsociety, during the currency of such membership, till \nallotment of any plot or flat to him, as the case may be, \nacquires either in his own name or in the name of his \nspouse or any of his dependent children; a residential \n\nproperty exceeding 66.72 sq. meters in area, in any of \nthe approved or unapproved colonies or other localities \nin Delhi either on lease-hold basis or free-hold basis or \non power of attorney or on agreement for sale basis : \nProvided that no person having residential property under this \nsection in the village abadi area in Delhi shall be disqualified : \nProvided further that no such disqualification shall be applicable \nin the case of a person who has acquired property on power of \nattorney or through agreement for sale and on conversion of the \nproperty from leasehold to freehold on execution of conveyance \ndeed for it, if such person applies for the membership of the \ncooperative housing society concerned : \nProvided also that no member shall earn disqualification in \nclause (b) above, if the residential property devolves on him by \nway of inheritance.",
"footnote": "",
"is_definition": false,
"sort_order": 960
},
{
"number": "88",
"title": "Section 88. Management of co-operative housing societies.",
"chapter": null,
"content": "The management of every co-operative housing society shall vest in its \ncommittee.",
"footnote": "",
"is_definition": false,
"sort_order": 970
},
{
"number": "89",
"title": "Section 89. Maintenance of essential services in co-operative housing societies.",
"chapter": null,
"content": "(1) Every co-operative housing society shall frame regulations from time to \ntime with the approval of the general body meeting of the co-operative housing \nsociety for maintenance of essential services including mandatory green area in \nthe co-operative housing society which shall contain details of services to be \nprovided and service charges to be recovered for such services from the \nmembers and residents of its housing complex. \n(2) If any member or resident fails to make payment of such services for thirty \ndays after raising of the demand by the committee such member or resident, as \nthe case may be, will be asked to clear default within thirty days and in case of \ndefault by the member, the committee may institute proceedings for recovery of \nthe dues in accordance with the provisions of this Act as arrears of land revenue. \nCo-operative housing society to maintain register of its properties with prescribed \ndetails.",
"footnote": "",
"is_definition": false,
"sort_order": 980
},
{
"number": "90",
"title": "Section 90. Co-operative housing society to maintain register of its properties with.",
"chapter": null,
"content": "Every co-operative housing society shall maintain register of its properties in such \nform as may be prescribed. \nSpecial provision for regularisation of occupancy right of persons who have \nacquired such a right through the instrument of power of attorney or agreement for \nsale.",
"footnote": "",
"is_definition": false,
"sort_order": 990
},
{
"number": "91",
"title": "Section 91. Special provision for regularisation of occupancy right of persons who have.",
"chapter": null,
"content": "A member of a housing society who has sold his plot or flat on the power of attorney \nor agreement for sale or by sale deed, shall cease to be a member of that society \nfrom the date of the sale of plot or flat: \n\n \nProvided that the purchaser having registered power of attorney or registered \nagreement for sale or registered sale deed, as the case may be, in respect of such \nplot or flat, may apply for membership by paying transfer fee of five hundred rupees \nand share money and admission fee as per the provisions of the bye-laws of the \nsociety and the committee shall grant membership to the applicant within thirty days \nafter the submission of his application. In case of refusal by the committee, the \napplicant may appeal to the Registrar within thirty days and the decision of the \nRegistrar shall be final: \n \nProvided further that no purchaser shall be entitled for more than one membership in \na housing society",
"footnote": "",
"is_definition": false,
"sort_order": 1000
},
{
"number": "92",
"title": "Section 92. Execution of housing project.",
"chapter": null,
"content": "(1) On allotment of land to, and possession thereof by the co-operative housing \nsociety, the committee shall appoint the architect and the contractor with a \nprovision that construction shall be completed as per time limit fixed for \ncompletion of construction of the housing project of the society in the sanction \nletter conveying approval of layout and building plans by the sanctioning authority \nunder the applicable building bye-laws or within five years from the date of \nsanction of layout and building plans by the competent civic authority, whichever \nis earlier, with the prior approval of the general body: \nProvided that if due to unforeseen circumstances, the aforesaid time limit cannot \nbe adhered, the committee shall approach the Government for further extension \nof time to complete the project with the approval of its general body at least one \nhundred and eighty days in advance and failure to adhere to the above time limit \nby the committee shall be an offence. \n(2) After the appointment of the architect and the contractor the committee shall \nfinalise the likely cost, the time for the execution of the project, the size, category \nand design of the flats with a five years defect liability provision to attend defects \nin the construction by the concerned contractor and all incidental matters thereto \nand get the approval of the general body. \n(3) During the construction period, there shall be, at least, two special general \nbody meetings every year besides one annual general body meeting to give \nprogress report to the members. \n(4) No escalation in cost of the project, and the time fixed for the execution \nthereof shall be extended by the committee without the prior approval of the \ngeneral body. \n(5) There will not be unilateral change of category or size of flat by the committee \nwithout giving an opportunity to the concerned member of hearing after \ncommunicating to him the grounds for change of category or size and preference \nshall be given to the existing members in case of any vacancy falling in the \nhigher category. \n(6) All proposals as above, shall be approved by the general body in a meeting \nby a majority of not less then two-thirds the * members present in the meeting. \n\n(7) It shall be the responsibility of the committee to ensure quality and structure \nstability of the project and the availability of all facilities including electricity, \nwater, lifts, sewage, roads, mandatory green and landscape, etc. before \nallotment. \n(8) The Registrar may issue directions and guidelines from time to time in public \ninterest for timely execution of the project.",
"footnote": "",
"is_definition": false,
"sort_order": 1010
},
{
"number": "93",
"title": "Section 93. Management of co-operative housing complex by co-operative societies.",
"chapter": null,
"content": "(1) The management of co-operative housing complex shall be entrusted to the \ncommittee which will ensure cleanliness, security, upkeep of common areas, \nservices, landscape and exterior of the building, prepare a budget for annual \nmaintenance charges which shall be got approved annually from the general \nbody and it shall be the responsibility of the member or occupant, as the case \nmay be, to make payment of maintenance charges to the committee. \n(2) If any defects occur in the flats and any repairs are required after allotment, \nthe committee shall have the right to get such defects rectified or repairs carried \nout at the cost of the member or members concerned in whose flats such defects \nneed rectification or need repairs and if the member or members concerned fail \nto make payment to the committee for getting such repairs carried out upon \nbeing given proper notice, the committee shall recover the above dues as arrears \nof land revenue by making a reference to appropriate authority under section \n111. \n(3) A member who wants to carry out internal repairs may apply to the committee \nfor necessary permission and if no structural changes are involved and the \nproposed repairs are not likely to cause any defect in the flat of any other \nmember, the committee may grant permission to the concerned member to carry \nout the internal repairs. \n(4) In case any defect occurs in the flat of any other member or members on \naccount of internal repairs in his flat by a member, the member or members \nconcerned shall be compensated by the member who has carried out repairs and \nin case the member concerned does not pay the necessary compensation after \nservice of notice, the committee shall recover the same as arrears of land \nrevenue by making reference to appropriate authority under section 111 and after \nsuch recovery to make payment to the affected member. \n(5) All the flats besides other assets of the co-operative housing society shall \nhave to be insured for all risks including earthquake annually on reinstatement \nbasis against the value of the inflation for the same type of buildings.",
"footnote": "",
"is_definition": false,
"sort_order": 1020
},
{
"number": "94",
"title": "Section 94. House building co-operative societies which have achieved their objectives.",
"chapter": null,
"content": "In case of a house building co-operative society where all plots have been allotted to \nits members and basic civic services have been transferred to the local civic \nbody, the Registrar shall, after giving sixty days' notice to the committee, initiate \nwinding up proceedings and such co-operative house building society shall be \nwound up : \n\nProvided that in the case of a co-operative house building society where land \nhas been allotted on perpetual lease, before passing winding up orders the prior \nconsent of the lessor shall be obtained. \n Provided further that where a house building co-operative society has \nbeen provided land to run a club, school, community centre, dispensary \nor community facility, etc., by the lessor, the above provision shall not \napply to such a co-operative house building society, if the general body \ndecides to run these activities for the benefit of the members and the \nresidents. (Added vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005)",
"footnote": "",
"is_definition": false,
"sort_order": 1030
},
{
"number": "105",
"title": "CHAPTER - X - Winding up of co-operative societies",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1040
},
{
"number": "95",
"title": "Section 95. Dissolution of co-operative society by members.",
"chapter": null,
"content": "(1) A co-operative society may by special resolution, authorise its own \ndissolution, a notice of the general body meeting called for the purpose shall also \nbe sent by registered post with an invitation to attend, to the Registrar, to \ncreditors, if any, to any co-operative society to which the co-operative society is \naffiliated, and to any co-operative society with which a partnership contract has \nbeen entered into. \n(2) The invitee under sub-section (1) shall have the right only to make a \npresentation to the general body, if he wishes to do so, on the issue of the \nproposed dissolution. \n(3) Within fifteen days of such authorisation for dissolution, the co-operative \nsociety shall send to the Registrar a copy by registered post of the authorisation \nto dissolve the co-operative society. \n(4) The authorisation approved under sub-section (1) shall set out - \n(a) the assets and liabilities of the co-operative society; \n(b) the claims of creditors; \n(c) the number of members; \n(d) the nature and extent of the members interest in the co-\noperative society; and \n(e) the name and address of the liquidator appointed by the co-\noperative society. \n(5) When the Registrar receives the special resolution passed under sub-section \n(1) - \n\n(a) where he is satisfied that the co-operative society has no \nassets or liabilities, he shall dissolve the co-operative society, \ndelete its name from the register of co-operative societies and \nissue a certificate of dissolution of such co-operative society; or \n(b) he shall, within thirty days of the date of receipt of such \nresolution, cause at the expense of the co-operative society a \nnotice of the special resolution to be published in the official \nGazette and in a newspaper in Hindi and English. \n(6) In the case of dissolution, the Registrar may require, till the certificate of \ndissolution is issued by him, from the liquidator appointed by the co-operative \nsociety or from any other person who is required to furnish information, a \nperiodical return showing - \n(a) the progress of dissolution; \n(b) the distribution of any undistributed surplus or reserve; and \n(c) any other relevant information.",
"footnote": "",
"is_definition": false,
"sort_order": 1050
},
{
"number": "96",
"title": "Section 96. Dissolution of co-operative society by the Registrar.",
"chapter": null,
"content": "(1) Where the Registrar has reason to believe that a co-operative society - \n(a) has not commenced business within seven hundred seventy five days after \nthe date shown on its certificate of registration; or \n(b) has not carried on business for two consecutive co-operative years; he shall \nsend to the co-operative society a letter by registered post, inquiring whether \nthe co-operative society is carrying on business. \n(c) has not got the accounts of the society audited since last three or more \nconsecutive years; \n* he shall send to the co-operative society a letter by registered post, inquiring \nwhether the co-operative society is carrying on business or got its accounts \naudited. \n (2) Where the Registrar - \n(i) does not, within thirty days of the date of sending a letter under sub-section \n(1) , receive a reply to the letter, he shall, within fifteen days after the expiry \nof said thirty days, send to the co-operative society a letter stating that - \n(a) a letter was sent to the co-operative society under sub-\nsection (1); \n(b) no reply to the letter has been received by him within thirty \ndays from the date of sending it. \n(ii) receives a reply from the co-operative society that it is not carrying on \nbusiness; or got its accounts audited or \n\n(iii) does not , within thirty days from the date he sent a letter under sub-section \n(i) receive a reply to that letter; he shall publish the notice in the newspaper \nand send to the co-operative society a notice that, at the expiry of thirty days \nfrom the date of the notice, the co-operative society shall, unless cause is \nshown to the contrary, be dissolved and have its name deleted from the \nregister of co-operative societies. \n(3) On the expiry of thirty days from the date of issue of the letter under sub-\nsection (2), the Registrar shall, unless cause to the contrary is previously \nshown by the co-operative society - \n(a) where he is satisfied that the co-operative society has no \nassets or liabilities, dissolve the co-operative society, delete \nits name from the register of co-operative societies and issue \na certificate of dissolution of such co-operative society; or \n(b) appoint a liquidator under section 99 to wind up the affairs of \nthe co-operative society. \n(4) Where a co-operative society fails to file returns and furnish information, as \nrequired by section 32, the Registrar shall send a requisition under sub-\nsection (1) of section 33 to the committee to call a special general body \nmeeting for the purpose of considering the annual returns to be filed with, \nand the information to be furnished to the Registrar. \n(5) Where the committee fails to call a special general meeting within the period \nspecified in sub-section (1) of section 33 the Registrar may at the cost of the \nco-operative society call the special general body meeting notwithstanding \nanything contained in this Act - \n(a) to review the affairs of the co-operative society; and \n(b) to ascertain whether the general body desires to continue the \nco-operative society. \n(6) Where - \n(a) a quorum of members is not present at the special general \nbody meeting called under sub-section (4) or sub-section (5); or \n(b) the general body meeting fails to pass a resolution to the \neffect that - \n(i) the co-operative society is to carry on business; \n(ii) the committee shall present, within sixty days from the \ndate of special general body meeting to the general body the \nannual returns to be filed with, and the information to be \nfurnished to, the Registrar; and \n(iii) the co-operative society shall file the returns with, and \nfurnish the information to, the Registrar within ninety days \nfrom the date of special general body meeting; or \n\n(c) if the co-operative society fails to file the returns with, and furnish \nthe information to, the Registrar within ninety days from the date of \nthe special general body meeting; the Registrar shall - \n(i) if he is satisfied that the co-operative society has no \nassets or liabilities, dissolve the co-operative society, delete \nits name from the register of co-operative societies and issue \na certificate of dissolution of such co-operative society; or \n(ii) appoint a liquidator under section 99 to wind up the \naffairs of the co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 1060
},
{
"number": "97",
"title": "Section 97. Winding up of co-operative banks at the direction of the Reserve Bank.",
"chapter": null,
"content": "Notwithstanding anything to the contrary contained in this Act, the Registrar \nshall make an order for winding up or an order sanctioning scheme of \ncompromise or arrangement or of amalgamation or reconstruction of a co-\noperative bank, if so required by the Reserve Bank. (Substituted vide Notification \nNo. F.14(31)/LA-2004/16 dated 17/01/2005) \n \nReimburse-ment to the Deposit Insurance Corporation by the liquidator.",
"footnote": "",
"is_definition": false,
"sort_order": 1070
},
{
"number": "98",
"title": "Section 98. Re-imbursement to the Deposit Insurance and Credit Guarantee by the.",
"chapter": null,
"content": "Where a co-operative bank being an insured bank within the meaning of the \nDeposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961) is \nwound up, or taken into liquidation, and the Deposit Insurance Corporation has \nbecome liable to the depositors of the insured bank under sub-section (1) of \nsection 16 of that Act, the Deposit Insurance Corporation shall be reimbursed by \nthe liquidator or such other person in the circumstances to the extent and in the \nmanner provided in section 21 of the Deposit Insurance and Credit Guarantee \nCorporation Act, 1961 (47 of 1961).",
"footnote": "",
"is_definition": false,
"sort_order": 1080
},
{
"number": "99",
"title": "Section 99. Appointment of liquidator.",
"chapter": null,
"content": "(1) Where the Registrar has made an order under section 96 for the winding \nup of a co-operative society, the Registrar may appoint a liquidator for the \npurpose and fix his remuneration. \n(2) Where a co-operative society is to be dissolved and no liquidator is appointed \nby the general body meeting, the Registrar shall appoint any person as a \nliquidator to wind up the affairs of the co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 1090
},
{
"number": "100",
"title": "Section 100. Duties of liquidator.",
"chapter": null,
"content": "A liquidator on his appointment shall - \n\n(a) immediately give notice of his appointment - \n(i) in the case of a liquidator not appointed by the Registrar, to \nthe Registrar; and \n(ii) to each claimant and creditor known to the liquidator; \n(b) immediately publish notice of his appointment in the official Gazette and in a \nnewspaper in Hindi and English and take reasonable steps to give notice of the \nliquidation in every jurisdiction where the co-operative society carries on \nbusiness; \n(c) include in the notice mentioned in clauses (a) and (b) a provision requiring \nany person - \n(i) indebted to the co-operative society to render an account and \npay to the liquidator at the time and place specified in the notice \nany amount owing; \n(ii) possessing property of the co-operative society to deliver it to \nthe liquidator at the time and place specified in the notice; and \n(iii) having a claim against the co-operative society, whether \nliquidated, unliquidated, future or contingent, to present \nparticulars of the claim in writing to the liquidator at the time and \nplace specified in the notice within the period specified in such \nnotice which shall not exceed sixty days from the date of first \npublication of the notice. \n(d) take into his custody and under his control all the property and actionable \nclaims to which the co-operative society is or appears to be entitled and shall \ntake such steps as he may deem necessary or expedient to prevent loss or \ndeterioration of or damage to such property, effects and claims; \n(e) open and maintain a trust account for the moneys of the co-operative society; \n(f) keep accounts of the moneys of the co-operative society received and paid \nout by him; \n(g) maintain separate lists of the members, creditors and other persons having \nclaims against the co-operative society; \n(h) where at any time he determines that the co-operative society is unable to \npay or adequately provide for the discharge of its obligations, apply to the \nRegistrar or general body, as the case may be, for directions; and \n(i) deliver to the Registrar or general body, as the case may be, periodically as \nthe Registrar or general body may require, financial statements of the co-\noperative society in such form the liquidator considers proper or that the \nRegistrar or general body may require.",
"footnote": "",
"is_definition": false,
"sort_order": 1100
},
{
"number": "101",
"title": "Section 101. Powers of liquidator.",
"chapter": null,
"content": "(1) The whole of the assets of a co-operative society in respect of which an \norder for winding up has been made shall vest in the liquidator appointed under \nsection 99 from the date the order takes effect. \n(2) The liquidator may - \n(a) retain lawyers, accountants, engineers, appraisers and other \nprofessional advisors; \n(b) institute and defend suits and other legal proceedings on \nbehalf of the co-operative society by the name of his office; \n(c) carry on the business of the co-operative society so far as \nmay be necessary for the beneficial winding up of the same; \n(d) sell by public auction or private sale any property of the co-\noperative society; \n(e) do all acts and execute any documents in the name and on \nbehalf of the co-operative society; \n(f) borrow money on the security of the property of the co-\noperative society; \n(g) settle or compromise any claims by or against the co-\noperative society; and \n(h) do all other things that he considers necessary for the \nliquidation of the co-operative society and distribution of its \nproperty. \n(3) Where a liquidator has reasons to believe that any person has in his \npossession or under his control, or has concealed, withheld or misappropriated \nany property of the co-operative society, he may apply to the Metropolitan \nMagistrate for an order requiring that person to appear before the court at the \ntime and place designated in the order and to be examined. \n(4) Where the examination under sub-section (3) discloses that a person has \nconcealed, withheld or misappropriated property of the co-operative society or \nhas in possession or under his control the property of the co-operative society, \nthe Metropolitan Magistrate may order that person to restore the property or pay \ncompensation to the liquidator on behalf of the co-operative society. \n(5) No liquidator shall purchase, directly or indirectly, any part of the stock-in-\ntrade, debts or assets of the co-operative society. \n(6) Where an order of winding up of co-operative society is set aside in appeal, \nthe property, effects and actionable claims of the co-operative society shall \nrevest in the co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 1110
},
{
"number": "102",
"title": "Section 102. Disposal of surplus assets of liquidated co-operative societies.",
"chapter": null,
"content": "After all the liabilities including the paid up share capital of a wound up co-\noperative society have been met, the surplus assets shall not be divided among \nits members but they shall be applied to any object described in the rules and \nwhen no object is so described, to any object of public utility determined by the \ngeneral body meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 1120
},
{
"number": "103",
"title": "Section 103. Final accounts.",
"chapter": null,
"content": "(1) A liquidator shall pay the costs of liquidation out of the property of the co-\noperative society and shall pay or make adequate provision for all claims against \nthe co-operative society. \n(2) Subject to the provisions of section 102 after paying or making adequate \nprovision for all claims against the co-operative society, the liquidator shall apply \nto the Registrar for approval of his final accounts and for permission to distribute \nin cash or in kind, the remaining property of the co-operative society in \naccordance with the rules. \n(3) Where the Registrar approves the final accounts rendered by a liquidator \nunder sub-section (2), he shall - \n(i) issue directions with respect to the custody or disposal of the \ndocuments and records of the co-operative society; and \n(ii) discharge the liquidator. \n(4) Where the Registrar discharges a liquidator under sub-section (3) the \nRegistrar shall dissolve the co-operative society, issue a certificate of dissolution \nand delete its name from the register of co-operative societies. \n(5) The co-operative society ceases to exist on the date shown in the certificate \nof dissolution, which shall not be later than seven hundred and thirty days after \nthe appointment of the liquidator. \n(6) An order passed under sub-section (1) shall be communicated by registered \npost to the president of the co-operative society and to the financing bank or \nfederal co-operative society to which co-operative society if indebted, if any, of \nwhich the co-operative society was a member.",
"footnote": "",
"is_definition": false,
"sort_order": 1130
},
{
"number": "115",
"title": "CHAPTER - XI - Execution of awards, decrees, orders and decisions",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1140
},
{
"number": "104",
"title": "Section 104. Enforcement of charge.",
"chapter": null,
"content": "Notwithstanding anything contained in Chapter VIII or any other law for the time \nbeing in force, but without prejudice to any other mode of recovery provided in this \nAct, the Registrar or any person subordinate to him empowered by the Registrar in \nthis behalf may on the application of a co-operative society, make an order \ndirecting the payment of any debt or outstanding demand due to the co-operative \nsociety by any member or past or deceased member, by sale of the property or any \ninterest therein, which is subject to a charge under section 45 : \n\nProvided that no order shall be made under this section unless the member, past \nmember or the nominee, heir or legal representative of the deceased member, has \nbeen served with a notice in the manner prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 1150
},
{
"number": "105",
"title": "Section 105. Execution of orders, etc.",
"chapter": null,
"content": "Every decision award or order duly passed by the Registrar or the arbitrator \n(substituted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005) or the Tribunal, \nor the Government under section 31, section 32, section 33, section 66, section 71, \nsection 104, section 110, section 112, section 114, section 115, section 116 or any other \nprovisions of this Act shall, if not carried out - \n(a) where the decision, award or order provides for the recovery of \nmoney, be executed according to the law for the time being in force \nrelating to the recovery of land revenue : \nProvided that an application for the recovery of any sum in the manner \naforesaid shall be made to the Collector and shall be accompanied by a \ncertificate signed by the Registrar or by any person subordinate to him \nand empowered by the Registrar in this behalf; \n(b) in any other case be executed by the Registrar or any person \nsubordinate to him and empowered by the Registrar in this behalf, in the \nsame manner as is provided in the case of a civil court by the Code of \nCivil Procedure, 1908 (5 of 1908).",
"footnote": "",
"is_definition": false,
"sort_order": 1160
},
{
"number": "106",
"title": "Section 106. Execution of orders of liquidator.",
"chapter": null,
"content": "The orders of the liquidator under section 101 shall be executed according to the Act \nand under the rules for the time being in force for the recovery of arrears of land \nrevenues.",
"footnote": "",
"is_definition": false,
"sort_order": 1170
},
{
"number": "107",
"title": "Section 107. Attachment before award.",
"chapter": null,
"content": "Where the Registrar is satisfied that a party to any reference made to him under \nsection 70 with intent to defeat or delay the execution of any decision that may \nbe passed thereon is about to - \n(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 \nlimits of the jurisdiction of the Registrar; \nthe Registrar may, unless adequate security is furnished, direct the conditional \nattachment of the said property or such part thereof as he thinks necessary and \nsuch attachment shall be executed as if by a civil court having jurisdiction in the \nsame way as an attachment order passed by itself and shall have the same \neffect as such an order: \nProvided that the powers of the Registrar under this section shall not be \ndelegated to any officer below such rank as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 1180
},
{
"number": "108",
"title": "Section 108. Recovery of debt.",
"chapter": null,
"content": "(1) Notwithstanding anything contained in this Act or in any other law for the time \nbeing in force and without prejudice to any mode of recovery which is being \ntaken or may be taken, the Registrar may, on application made by a co-operative \nsociety including federal co-operative society or financial institution for recovery \nof arrears of any sums advanced to any of its members and on its furnishing a \nstatement of accounts in respect of arrears and after making such inquiry as he \ndeems fit, issue a certificate for recovery of the amount stated therein to be due \nas arrears. \n(2) Where the Registrar is satisfied that a co-operative society has failed to take \naction under sub-section (1) in respect of any amount due as arrears, he may on \nhis own motion, and after making such enquiry as he deems fit, issue a certificate \nfor the recovery of the amount stated therein to be due as arrears and such \ncertificate shall be deemed to have been issued on an application made by co-\noperative society or financial institution concerned. \n(3) A certificate issued by the Registrar under sub-section (1) or sub-section (2) shall \nbe final and conclusive proof of the arrears stated to be due therein and the \ncertificate shall be executed in the manner specified in section 111.",
"footnote": "",
"is_definition": false,
"sort_order": 1190
},
{
"number": "109",
"title": "Section 109. Registrar or person empowered by him to be civil court for certain.",
"chapter": null,
"content": "The Registrar or any person empowered by him in this behalf shall be deemed, \nwhen exercising any powers under this Act for the recovery of any amount by the \nattachment and sale or by sale without attachment of any property, or when \npassing any orders on any application made to him for such recovery or for \ntaking a step in aid of such recovery, to be civil court for the purposes of article \n136 of the Schedule to the Limitation Act, 1963 (36 of 1963).",
"footnote": "",
"is_definition": false,
"sort_order": 1200
},
{
"number": "110",
"title": "Section 110. Recovery of sums due to Government.",
"chapter": null,
"content": "(1) All sums due from a co-operative society, or from an officer or member or past \nmember of a co-operative society as such, to Government, including any costs \nawarded to Government under any provision of this Act, may on a certificate \nissued by the Registrar in this behalf, be recovered in the same manner as \narrears of land revenue. \n(2) Sums due from a co-operative society to Government and recoverable under sub-\nsection (1), may be recovered, firstly, from the property of the co-operative \nsociety, secondly, in the case of the co-operative society, the liability of the \nmembers of which is limited from the members, past members or the estates of \ndeceased members, subject to the limit of their liability, and thirdly, in the case of \nother co-operative societies, from the members, past members or the estates of \nthe deceased members : \nProvided that the liability of past members and the estate of deceased members \nshall in all cases be subject to the provisions of section 29.",
"footnote": "",
"is_definition": false,
"sort_order": 1210
},
{
"number": "111",
"title": "Section 111. Special powers of Registrar for recovery of amount recoverable as arrears of.",
"chapter": null,
"content": "(1) For the purpose of effecting recovery of amount due and recoverable under the \nprovisions of this Act and the rules made thereunder, as arrears of land revenue - \n\n(i) the Registrar appointed under section 3 shall have and exercise all \npowers and perform all the duties of the Collector under the Delhi \nLand Reforms Act, 1954; (Delhi Act 8 of 1954) read with the Delhi \nLand Revenue Act, 1954 (Delhi Act 12 of 1954); \n(ii) the Joint Registrars appointed to assist the Registrar under section 3 \nof this Act shall have and exercise all powers and perform all the \nduties of the Additional Collector; \n(iii) the Deputy Registrars, Assistant Registrars and the Recovery Officer \nappointed under section 3 of this Act shall have and exercise all \npowers and perform all the duties of the Assistant Collector Grade I; \nand \n(iv) Inspectors Grade II assigned the duties of recovery shall have and \nexercise all the powers and perform all the duties of Assistant \nCollector Grade II. \n(2) Every notice issued or order passed in exercise of the powers conferred \nby sub-section (1) shall, for the purpose of sections 31, 33, 44, 51, 65, \n66, 69, 77, 83, 84, 85, 89, 93, 105, 106, 108, 110, 111, 116 and 122 be \ndeemed to be a notice or an order passed under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1220
},
{
"number": "124",
"title": "CHAPTER - XII - Appeals, Revision and review",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1230
},
{
"number": "112",
"title": "Section 112. Appeals.",
"chapter": null,
"content": "(1) Subject to the provisions of section 113, an appeal shall lie under this section \nagainst- \n(a) an order of the Registrar made under sub-section (2) of section 9 \nrefusing to register a co-operative society; \n(b) an order of the Registrar made under sub-section (4) of section \n12 refusing to register an amendment of the bye-laws of a co-\noperative society; \n(c) an order of the Registrar made under sub-section (1) of section \n17; \n(d) disputes relating to election under section 35; \n(e) an order of the Registrar removing the committee of a co-\noperative society made under section 37; \n(f) a decision of a co-operative society expelling any of its member \nunder section 40; \n\n(g) an order made by the Registrar under section 64 apportioning the \ncost of an inspection held under section 61 or an inquiry made \nunder section 62; \n(h) an order of surcharge under sub-section (2) of section 66; \n(i) any decision made under section 70; \n(j) any deemed admission of case under sub-section (3) of section \n70; \n(k) any decision or award made under section 71; \n(l) application for implementation of award for vacating possession of \nflat or plot under sub-section (7) of section 83; \n(m) expulsion from the membership under sub-section (3) of section \n86; \n(n) an order made by the co-operative society or the Registrar under \nsection 95 or section 96 or section 97 directing the winding up of \na co-operative society; \n(o) any order made by the liquidator of a co-operative society in \nexercise of the powers conferred on him by section 101; \n(p) any order made under section 107; and \n(q) a decision of a co-operative society refusing to admit any person \nas a member of the co-operative society who is otherwise duly \nqualified for membership under the bye-laws of the co-operative \nsociety. \n(2) An appeal against any decision or order under sub-section (1) shall be made \nwithin sixty days from the date of decision or order - \n(a) if the decision or order falls under clauses (d), (f) (g), (h), (i), \n(j), (k) and (m) of sub-section (1), to the Tribunal; \n(b) if the decision or order falls under clause (e), to the \nGovernment; \n(c) if decision or order falls under clause (l), to the court of \nMetropolitan Magistrate; and \n(d) in any other case, to the Government or the Registrar \naccording as the decision or order was made by the Registrar or \nany other person. \n(3) No appeal shall lie under this section from any decision or \norder by the Registrar in appeal.",
"footnote": "",
"is_definition": false,
"sort_order": 1240
},
{
"number": "113",
"title": "Section 113. No appeal or revision in certain cases.",
"chapter": null,
"content": "Notwithstanding anything contained in this Act where, with the previous sanction in \nwriting or on requisition of the Reserve Bank - \n(i) a co-operative bank is being wound up; or \n(ii) in respect of which a scheme of amalgamation or reorganisation is given \neffect to; or \n(iii) in respect of which an order for the supersession of the committee and \nthe appointment of an administrator therefor has been made; \nno appeal, revision or review thereagainst shall lie or be permissible, and the \nsanction or requisition of the Reserve Bank shall not be liable to be called in \nquestion.",
"footnote": "",
"is_definition": false,
"sort_order": 1250
},
{
"number": "114",
"title": "Section 114. Delhi Co-operative Tribunal.",
"chapter": null,
"content": "(1) The Government shall by notification published in the official Gazette, constitute \na Tribunal to be called the Delhi Co-operative Tribunal to exercise the powers \nand perform the functions conferred by or under this Act upon such Tribunal. \n(2) The Tribunal shall consist of a Chairman and not more than two other members \npossessing such qualifications as may be prescribed, and shall be appointed by \nthe Government by notification in the official Gazette for such term as may be \nprescribed. \n(3) Any vacancy in the membership of the Tribunal shall be filled by the Government. \n(4) Subject to the previous approval of the Government, the Tribunal shall frame \nregulations, consistent with the provisions of this Act and the rules made \nthereunder for regulating its procedure and the disposal of its business. \n(5) The regulations made under sub-section (4) shall be published by the \nGovernment in the official Gazette. \n(6) The Tribunal may call for and examine the record of any proceedings, in which an \nappeal lies to it, for the purpose of satisfying itself as to the legality or propriety of \nany decision or order passed and if in any case it shall appear to the Tribunal \nthat any such decision or order should be modified, annulled or reversed, the \nTribunal may pass such order thereon as it may deem fit. \n(7) An order passed in appeal under section 112 or in revision under sub-section (6) \nof this section or in review under section 115 by the Tribunal shall be final and \nconclusive, and shall not be called in question in any civil or revenue court. \nExplanation. - The Tribunal hearing an appeal under this Act shall exercise all the \npowers conferred upon an appellate court by section 97 of, and Order XLI of the \nFirst Schedule to, the Code of Civil Procedure, 1908 (5 of 1908).",
"footnote": "",
"is_definition": false,
"sort_order": 1260
},
{
"number": "115",
"title": "Section 115. Review.",
"chapter": null,
"content": "(1) The Government or the Tribunal or the Registrar on the application of any party \nmay review their own order in any case, and pass in reference thereto such order \nas they think just : \nProvided that no such application made by the party shall be entertained unless \nthe Government or the Tribunal or the Registrar, as the case may be, is satisfied \nthat there has been the discovery of new important matter of evidence, which \nafter the exercise of due diligence was not within the knowledge of the applicant \nor could not be produced by him at the time when order was made or that there \nhas been some mistake or error apparent on the face of the record, or for any \nother sufficient reasons : \nProvided further that no such order shall be varied or revised unless notice has \nbeen given to the parties interested to appear and being heard in support of such \norder. \n(2) An application for review under sub-section (1) by any party shall be made \nwithin thirty days from the date of communication of the order of the Goverment \nor the Tribunal or the Registrar.",
"footnote": "",
"is_definition": false,
"sort_order": 1270
},
{
"number": "116",
"title": "Section 116. Revision.",
"chapter": null,
"content": "(1) Goverment may of its own motion or on application made to it, call for and \nexamine the record of the Registrar, in respect of any proceeding not being a \nproceeding in respect of which an appeal to the Tribunal is provided by section \n114 to satisfy himself as to the regularity of such proceeding or the correctness, \nlegality or propriety of any decision passed or order made therein and if, in any \ncase, it appears to the Goverment that any such decision or order should be \nmodified, annulled, reversed or remitted for reconsideration, he may pass orders \naccordingly : \nProvided that every application to the Goverment for the exercise of the powers \nunder this section shall be preferred within ninety days from the date on which \nthe proceedings, decision or order to which the application relates was \ncommunicated to the applicant. \n(2) No order prejudicial to any person shall be passed under sub-section (1) \nunless such person has been given an opportunity of making his representation. \n(3) Government may suspend the decision or order pending the exercise of its \npower under sub-section (1) in respect thereof. \n(4) Government may award costs in proceedings under this section to be paid \neither out of the funds of the co-operative society or by such party to the \napplication for the revision as the Government may deem fit which may be \nrecovered as arrears of land revenue.",
"footnote": "",
"is_definition": false,
"sort_order": 1280
},
{
"number": "117",
"title": "Section 117. Interlocutory orders.",
"chapter": null,
"content": "Where an appeal is made under section 112 or where the Tribunal or the \nGovernment calls for the record of a case under section 113 or section 115, the \nappellate authority or the Tribunal or the Government, as the case may be, may \nin order to prevent the ends of justice being defeated, make such interlocutory \n\norder, including an order of stay, pending the decision of the appeal or revision \nas such authority or the Tribunal or the Government may deem fit.",
"footnote": "",
"is_definition": false,
"sort_order": 1290
},
{
"number": "131",
"title": "CHAPTER - XIII - Offences and penalties",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1300
},
{
"number": "118",
"title": "Section 118. Offences and penalties.",
"chapter": null,
"content": "(1) Any co-operative society or an officer or member thereof, willfully making a false \nreturn or furnishing false information, or any person willfully or without any \nreasonable excuse disobeys any summons, requisition or lawful written order \nissued under the provisions of this Act, or willfully not furnishing any information \nrequired from it or him or by a person authorized in this behalf under the \nprovisions of this Act, shall be punishable with fine which shall not be less than \ntwo thousand rupees but which may extend to ten thousand rupees. \n \n(2) Any employer who, without sufficient cause, fails to pay to a co-operative society \nthe amount deducted by him under section 52 within a period of fourteen days \nfrom the date on which such deduction is made shall, without prejudice to any \naction that may be taken against him under any other law for the time being in \nforce, be punishable with fine which may extend to five thousand rupees. \n(3) Any officer or custodian who willfully fails to handover custody of books, \naccounts, documents, records, cash, security and other property belonging to a \nco-operative society of which he is an officer or custodian, to a person entitled \nunder section 38 or section 60 or section 61 or section 62 or section 99 shall be \npunishable with fine which may extend to two thousand rupees and in the case \nof a continuing breach, with a further fine which may extend to five thousand \nrupees for every day during which the breach is continued after conviction for \nthe first such breach. \n(4) Any person who acts in contravention of section 44 or section 45 or sub-section \n(2) of section 66 or section 67 or section 68 or section 138 shall be punishable \nwith fine of five hundred rupees. \n \n(5) The committee of a co-operative society or any of its officers or employees who \nfalsify or tamper with the record of the co-operative society, shall be punishable \nwith imprisonment which may extend to seven years and shall also be liable to \nfine. \n(6) Any officer or employee of a co-operative society including the paid secretary \nwho dishonestly or fraudulently misappropriates or otherwise converts for his \nown use or intentionally causes loss to the property of the co-operative society \nentrusted to him or under his control as such officer or employee, or allows \nanother person so to do shall be punishable with imprisonment which may \nextend to seven years and shall also be liable to fine. \n(7) If any allotment of plot or flat is made by the committee in contravention of the \nprovisions of sub-section (1) of section 77, the committee and its members \nresponsible shall be punishable with imprisonment which may extend to seven \nyears and shall also be liable to fine. \n(8) If a co-operative society fails to file return as required under section 32, the \ncommittee or the negligent officer shall be punishable with a fine, which may \nextend to five hundred rupees. \n(9) If committee fails to dispose of application within the period prescribed in section \n91, the committee members responsible shall be liable for a penalty of ten \nthousand rupees and in the case of a continuing breach, with a further fine of \n\none hundred rupees for every day during which the breach is continued after the \nexpiry of the prescribed period. \n(10) On conviction, a member of the co-operative society shall be debarred from \ncontesting election of a committee for a period of six years.” \n (substituted vide Notification No. F.14(31)/LA-2004/16 dated 17/01/2005)",
"footnote": "",
"is_definition": false,
"sort_order": 1310
},
{
"number": "119",
"title": "Section 119. Prohibition of the use of the word `co-operative' or its equivalent.",
"chapter": null,
"content": "(1) No person other than a co-operative society shall trade or carry on business \nunder any name or title of which the word `co-operative' or its equivalent in any \nIndian language forms part without the sanction of the Government : \nProvided that nothing in this sub-section shall apply to the use, by any person or \nhis successor in interest, of any name or title under which he traded or carried on \nbusiness at the date on which the Co-operative Societies Act, 1912, (2 of 1912 ) \ncome into operation. \n(2) Whoever contravenes the provisions of sub- section (1) shall be punishable with \nfine which may extend to two hundred rupees and in the case of a continuing \noffence with further fine of five hundred rupees for each day during which the \noffence is continued after conviction therefor.",
"footnote": "",
"is_definition": false,
"sort_order": 1320
},
{
"number": "120",
"title": "Section 120. Punishment for offences not otherwise provided for.",
"chapter": null,
"content": "Any co-operative society or any officer or member thereof or any other person \ncontravening the provisions of this Act for which no punishment is expressly \nprovided herein shall be punishable with a fine which may extend to five thousand \nrupees.",
"footnote": "",
"is_definition": false,
"sort_order": 1330
},
{
"number": "121",
"title": "Section 121. Cognizance of offences.",
"chapter": null,
"content": "(1) No court inferior to that of a Metropolitan Magistrate shall try any offence under \nthis Act. \n(2) No prosecution shall be instituted under this Act without the previous sanction \nof the Registrar and such sanction shall not be given unless the person \nconcerned has been provided a reasonable opportunity to represent his case. \n(3) Every offence under this Act shall, for the purposes of the Code of Criminal \nProcedure, 1973 (2 of 1974), be deemed to be a cognizable offence.",
"footnote": "",
"is_definition": false,
"sort_order": 1340
},
{
"number": "122",
"title": "Section 122. Presumption as to commission of offence in certain cases.",
"chapter": null,
"content": "(1) In the trial of offences by the Metropolitan Magistrate, it shall be presumed until \nthe contrary is proved that any officer or employee of a co-operative society - \n(a) who draws the amounts from the financing institution and fails to \nproperly disburse or account for it, has misused or \nmisappropriated the amounts; \n\n(b) who is responsible for the custody of books and properties or who \nis in actual possession thereof, fails to produce the same on \nrequisition by the Registrar or any person authorised by him, has \nwilfully withheld the same; \n(c) who makes any false entries or manipulates or alters the account \nbooks of the co-operative society, has wilfully committed the said \nact in order to cause loss or damage to the co-operative society; \n(d) who misuses the properties of the co-operative society in \ncontravention of the provisions of this Act and the rules made \nthereunder or the bye-laws of the co-operative society has done \nso, for his personal benefit; \n(e) who executes any documents or enters into an agreement for sale \nor purchase of the land, plots, flats, etc., in contravention of the \nprovisions of the registered bye-laws of the co-operative society, \nhas done so for his personal benefit and in order to cause loss to \nthe members of the co-operative society. \n(2) Any officer or employee of a co-operative society who issues any receipt shall \nbe deemed to have issued the same in the name of the co-operative society \nand shall be responsible to account for the same. \n(3) Notwithstanding the criminal liability, the officer or employee of a co-operative \nsociety shall be responsible to make good the loss caused to the co-operative \nsociety by committing such offences and the same shall be recovered as \narrears of land revenue by the Registrar or the person authorised by him from \nthe person responsible for causing such loss or his legal heirs or any person \nwho has acquired the properties from such person or with the assistance of \nsuch person.",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
{
"number": "123",
"title": "Section 123. Presumption as to statements.",
"chapter": null,
"content": "Where any member, officer or employee of a co-operative society has made a \nstatement during the audit under section 60, or inspection under section 61, or \ninquiry under section 62, or inspection of debtor institution under section 63, or \nproceedings under section 66 and the statement is recorded by the Registrar or \nthe person authorised by the Registrar in exercise of their powers conferred on \nthem under this Act, the court shall presume that the statement was so recorded \nby the Registrar or the person authorised by him as a statement within the \nmeaning of the Indian Evidence Act, 1872 (Act 1 of 1872).",
"footnote": "",
"is_definition": false,
"sort_order": 1360
},
{
"number": "124",
"title": "Section 124. Address of co-operative society.",
"chapter": null,
"content": "Every co-operative society shall have an address registered in the manner \nprescribed to which all notices and communications may be sent and shall send \nto the Registrar notice of every change thereof within thirty days of such change.",
"footnote": "",
"is_definition": false,
"sort_order": 1370
},
{
"number": "125",
"title": "Section 125. Copy of Act, rules and bye-laws, etc. to be open for inspection.",
"chapter": null,
"content": "Every co-operative society shall keep a copy of this Act, the rule and its bye-laws \nand also a list of its members, open to inspection free of charge at all reasonable \ntimes at the registered address of the co-operative society.",
"footnote": "",
"is_definition": false,
"sort_order": 1380
},
{
"number": "126",
"title": "Section 126. Power to exempt co-operative societies from conditions as to registration.",
"chapter": null,
"content": "Notwithstanding anything contained in this Act, the Government may, by general or \nspecial order and subject to such conditions, if any, as it may impose, exempt \nany co-operative society or class of co-operative societies from any of the \nrequirements of this Act as to registration.",
"footnote": "",
"is_definition": false,
"sort_order": 1390
},
{
"number": "127",
"title": "Section 127. Power to exempt co-operative societies from the provisions of the Act.",
"chapter": null,
"content": "The Government may, by general or special order, to be published in the official \nGazette, exempt any co-operative society or class of co-operative societies from \nany of the provisions of this Act, or may direct that such provisions shall apply to \nsuch co-operative society or class of co-operative societies with such \nmodifications as may be specified in the order.",
"footnote": "",
"is_definition": false,
"sort_order": 1400
},
{
"number": "128",
"title": "Section 128. Officers and employees to be public servants.",
"chapter": null,
"content": "The Registrar or any person authorised by him to recover any amount or to execute \nany orders or decisions taken under any provisions of this Act and every officer \nand employee of the co-operative society shall be deemed to be a public servant \nwithin the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860)",
"footnote": "",
"is_definition": false,
"sort_order": 1410
},
{
"number": "129",
"title": "Section 129. Notice necessary in suits.",
"chapter": null,
"content": "No suit shall be instituted against a co-operative society or any of its officer in \nrespect of any act touching the business of the co-operative society until the \nexpiration of ninety days next after notice in writing has been delivered to the \nRegistrar or left at his office, stating the cause of action, the name, description \nand place of residence of the plaintiff and the relief which he claims, and the \nplaint shall contain a statement that such notice has been so delivered or left.",
"footnote": "",
"is_definition": false,
"sort_order": 1420
},
{
"number": "130",
"title": "Section 130. Companies Act not to apply.",
"chapter": null,
"content": "The provisions of the Companies Act, 1956 (1 of 1956) shall not apply to co-\noperative societies.",
"footnote": "",
"is_definition": false,
"sort_order": 1430
},
{
"number": "131",
"title": "Section 131. Saving of existing co-operative societies.",
"chapter": null,
"content": "(1) Every existing co-operative society which had been registered under the Co-\noperative Credit Societies Act, 1904 or under the Co-operative Societies Act, \n1912, or under the Bombay Co-operative Societies Act, 1925, as was in force in \nDelhi, or the Delhi Co-operative Societies Act, 1972 shall be deemed to be \nregistered under the corresponding provisions of this Act and rules framed \nthereunder and bye-laws thereof shall, so far as the same are not inconsistent \nwith the express provisions of this Act, continue in force until altered or \nrescinded. \n(2) All appointments, rules and orders made, notifications and notices issued and \nsuits and other proceedings instituted under the said Acts shall, so far as they \n\nare consistent with the provisions of this Act, be deemed to have been \nrespectively made, issued and instituted under this Act, save that an order made \ncancelling registration of a co-operative society shall be deemed, unless the co-\noperative society has already been finally liquidated, as an order issued under \nsection 95 or section 96 or section 97 for its being wound up.",
"footnote": "",
"is_definition": false,
"sort_order": 1440
},
{
"number": "132",
"title": "Section 132. Bar of jurisdiction of civil or revenue courts.",
"chapter": null,
"content": "(1) Save as provided in this Act, no civil or revenue court shall have any jurisdiction \nin respect of - \n(a) the registration of a co-operative society or \nits bye-laws or of an amendment of a bye-law; \n(b) the removal of the committee; \n(c) any dispute required under section 70 to be \nreferred to the Registrar; and \n(d) any matter concerning the winding up and \nthe dissolution of a co-operative society. \n(2) While a co-operative society is being wound up, no suit or other legal \nproceedings relating to the business of such co-operative society shall be \nproceeded with or instituted against the liquidator as such or against the co-\noperative society or any member thereof, except by leave of the Registrar and \nsubject to such terms as he may impose. \n(3) Save as provided in this Act, no order, decision or award made under this Act, \nshall be questioned in any court on any ground whatsoever.",
"footnote": "",
"is_definition": false,
"sort_order": 1450
},
{
"number": "133",
"title": "Section 133. Powers of civil Court.",
"chapter": null,
"content": "(1) In exercising the functions conferred on him by or under this Act, the Registrar, \nthe arbitrator (substituted vide Notification No. F.14(31)/LA-2004/16 dated \n17/01/2005) or any other person deciding a dispute under section 70 and the \nliquidator of a co-operative society or person entitled to audit, inspect or hold an \ninquiry and the Tribunal shall have all the powers of a civil court, while trying a \nsuit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the \nfollowing matters, namely - \n(a) Summoning and enforcing the attendance of any person and \nexamining 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 witness. \n(2) In the case of an affidavit, the Registrar or any officer appointed by him, the \narbitrator (substituted vide Notification No. F.14(31)/LA-2004/16 dated \n\n17/01/2005), the liquidator or the Tribunal, as the case may be, may administer \nthe oath to the deponent.",
"footnote": "",
"is_definition": false,
"sort_order": 1460
},
{
"number": "134",
"title": "Section 134. Indemnity.",
"chapter": null,
"content": "No suit, prosecution or other legal proceedings shall lie against the Registrar or any \nperson subordinate to him or acting on his authority in respect of anything in \ngood faith done or purporting to have been done under this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 1470
},
{
"number": "135",
"title": "Section 135. Service rules for employees of co-operative societies.",
"chapter": null,
"content": "The Government shall as soon as may be after the commencement of this Act, \ndirect all co-operative societies or class of co-operative societies to frame service \nrules for their employees and get them approved from the committee within a \nperiod of three hundred and sixty five days.",
"footnote": "",
"is_definition": false,
"sort_order": 1480
},
{
"number": "150",
"title": "CHAPTER - XIV - Rules and Miscellaneous provisions",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1490
},
{
"number": "136",
"title": "Section 136. Power to delegate.",
"chapter": null,
"content": "The Government may, by notification in the official Gazette, direct that any power \nexercisable by it under this Act, except the power to make rules, may also be \nexercised by such officer as may be mentioned therein in such cases and subject \nto such conditions, if any, as may be specified therein.",
"footnote": "",
"is_definition": false,
"sort_order": 1500
},
{
"number": "137",
"title": "Section 137. Power to make rules.",
"chapter": null,
"content": "(1) The Government may, by notification published in the official Gazette, make \nrules for carrying out all or any of the purposes of this Act and for any class of co-\noperative societies. \n(2) In particular and without prejudice to the generality of the foregoing power, such \nrules may provide for all or any of the following matters, namely - \n(a) prescription of viability norms for registration of a co-operative \nsociety; \n(b) the maximum number of shares or proportion of the capital of a \nco-operative society which may be held by a member; \n(c) the form to be used and conditions to be complied with in making \nof application for the registration of a co-operative society and \nthe procedure in the matter of such applications; \n(d) the procedure to be followed in making, altering and abrogating \nthe bye-laws and the conditions to be specified prior to such \nmaking, alteration and abrogation and compulsory amendment \nof the bye-laws by the Registrar; \n\n(e) the procedure and conditions for change in the form and extent of \nliability of a co-operative society; \n(f) procedure for amalgamation, transfer of assets and division of co-\noperative society; \n(g) classifications of co-operative societies with reference to their \nobjects, area of operation, membership or any other matter by \nthe Registrar; \n(h) conditions to be complied with by a person applying for admission \nor admitted as member; \n(i) admission of any person as nominal, associate or joint member \nand the terms and conditions and the procedure to be followed \ntherefor; \n(j) right of membership to be acquired only on payment made \ntowards membership and interest to be acquired to exercise the \nright of membership and the manner in which vote can be \nexercised; \n(k) restriction on transfer of shares or interest; \n(l) transfer of interest on death of a member, procedure and liability \nof past member and estate of the deceased member; \n(m) the proportion of individual and co-operative society in the \nconstitution of the committee and the general body of co-\noperative society of which other co-operative society is a \nmember and the power exerciseable by such committee or \ngenerla body; \n(n) the procedure for holding of annual general body meeting, time to \nbe given for finanalising the accounts at the close of the co-\noperative year, consequence of failure of a committee to conduct \nthe annual general body meeting in time and action by the \nRegistrar to conduct the same and recovery of the expenses as \narrears of land revenue from the defaulting persons; \n(o) details of the returns and their format to be filed relating to the \nconstitution, business and allied matters by a co-operative \nsociety within thirty days of holding of the annual general body \nmeeting; \n(p) the procedure for holding a special general body meeting and \nrecovery of expenses from delinquent officers of the committee; \n(q) the constitution of the committee of a co-operative society for its \nmanagement, procedure for nomination of members on the \ncommittees where the Government has contributed equity share \ncapital and the Government guarantees have been given for \nloans or floating of bonds; \n\n(r) the procedure for holding of the elections and the steps to be \ninitiated for such election before the expiry of the term, \nappointment of an administrator on failure to conduct elections \nand to conduct election within ninety days, recovery of expenses \nfrom the delinquent officers of the committee in cases of default; \n(s) prescribing reservation of seats for schedule castes, other \nbackward classes and woman on the committee, where share \ncapital is subscribed by the government and reservation of two \nseats for woman in all types of co-operative societies; \n(t) rules and procedure for conducting the election of the committees; \n(u) the procedure for making a motion expressing lack of confidence \nin the committee or any of its officer in the special general body \nmeeting convened for the purpose and setting up an ad-hoc \ncommittee to conduct fresh elections within the period of ninety \ndays; \n(v) the modalities to be complied with before supersession of the \ncommittee of a co-operative society and constitution of the new \ncommittee by the administrator before the expiry of his term; \n(w) procedure for authorisation to Sub-divisional Magistrate for \nsecuring possession of records of a co-operative society; \n(x) the manner in which funds may be raised for running the \nbusiness of a co-operative society, \n(y) the procedure to be followed for cessation of membership in a \ncooperative society. \n(z) procedure to be followed for expulsion of members other than \nmembers of co-operative housing societies; \n(za) the procedure for certifying any entries in the books of a co-\noperative society and charges to be levied for supply of copies \nthereof; \n(zb) the formation and maintenance of reserve fund and other funds, \nand the objects to which such funds may be applied and \nallocation and distribution of the net profit arrived thereafter; \n(zc) the amount and percentage of net profit to be contributed by a \nco-operative society for Co-operative Education Fund and its \nutilisation; \n(zd) manner in which a co-operative society may invest or deposit its \nfunds; \n(ze) the limit up to which a co-operative society can receive deposits \nand loans, conditions for it; \n\n(zf) prohibitions and restrictions subject to which co-operative \nsocieties may transact business with the persons who are not \nmembers; \n(zg) the manner of getting the audit conducted by an auditor on the \npanel of the Registrar with in the prescribed time limit, action by \nthe Registrar on failure to comply with the time limit by a co-\noperative society and recovery of expenses for getting the audit \nconducted as a arrears of land revenue from the officers of the \ncommittee; \n(zh) the manner in which a copy of audit report to be sent to the \nRegistrar and rectification of defects by a co-operative society \nreported in the audit report by an auditor; \n(zi) the manner in which inspection, inquiry and inspection of books \nof indebted co-operative society is to be conducted, the security \nmoney to be deposited by a creditor for such inspection and the \nfollow up action to be taken on the findings including the \nrectification thereof; \n(zj) the accounts and books to be kept by a co-operative society \nduring the course of its business and on failure to do so, to get \nthem completed by the Registrar by engaging other persons as a \ncharge on the committee recoverable as arrears of land revenue, \nthe procedure and fee to be charged for it; \n(zk) the manner in which disputes to be referred for arbitration and \nfee for it; \n(zl) the procedure for selection and appointment of members of \narbitrator (substituted vide Notification No. F.14(31)/LA-\n2004/16 dated 17/01/2005), their terms and conditions of service \nand related matters; \n(zm) the procedure to be followed before the Registrar or \narbitrator (substituted vide Notification No. F.14(31)/LA-\n2004/16 dated 17/01/2005) for settlement of disputes and \nguidelines and the format for announcing the award; \n(zn) the manner in which the affairs of a co-operative housing society \nshall be managed, rights and privileges of members on allotment \nof plot or flat, issue of certificate of allotment giving therein the \ndetails of plot or flat and the rights and privileges of member \ntherein and member's obligations towards the co-operative \nsociety; \n(zo) the procedure for the allotment of plot or flat by draw of lots and \nfor the verification of membership or change in the membership, \nwith special reference to co-operative housing societies which \nhave been allotted land on leasehold right basis by the lessor; \n\n(zp) the manner in which membership can be transferred in a co-\noperative housing society to heir or a nominee subject to the \nterms and conditions of the lease of land; \n(zq) the manner in which occupancy rights may be transferred in a \nco-operative housing society subject to right of the lesser in \nterms of lease deed of the land; \n(zr) the guidelines for the creation, maintenance and utilisation of the \nbuilding maintenance fund and replacement fund in a co-\noperative housing society; \n(zs) the manner in which a mortgage in favour of a co-operative \nhousing society or apex can be registered, its procedure and \nformat; \n(zt) the procedure and manner of settling disputes in a co-operative \nhousing society; \n(zu) the procedure for recovery of outgoings and arrears of dues of \nco-operative housing society or the apex by the Registrar as \narrears of land revenue; \n(zv) the recovery of dues and foreclosure of properties in respect of \ndues of a co-operative housing society, apex and other approved \nhousing finance institutions; \n(zw) the manner and procedure in which a member of a co-operative \nhousing society may be expelled; \n(zx) the manner and procedure in which the membership of a \nmember of co-operative housing society can be ceased; \n(zy) the guidelines for the management of co-operative housing \nsocieties; \n(zz) the guidelines for the maintenance of essential services in a co-\noperative housing society; \n(zza) the form of register of the properties to be maintained by co-\noperative housing society; \n(zzb) the manner of regularisation of membership of persons who \nhave acquired property in a co-operative housing society as \npower of attorney holder or purchaser of property through \nagreement of sale and purchase subject to right of lessor and \nprocedure for enforcement of time limit for conversion of property \nto freehold; \n(zzc) the prescription of the guidelines for execution of co-operative \nhousing projects and procedure for initiating action in case of \ndefault; \n\n(zzd) the prescription of the guidelines for the management of co-\noperative housing complex by the co-operative housing \nsocieties; \n(zze) the manner in which a house building co-operative society \nwhich has achieved its objects is to be wound up and the \nscheme therefor subject to the prior consent of the lessor; \n(zzf) the procedure to be followed in respect of co-operative societies \nwhich have decided for the dissolution or where liquidator has \nbeen appointed for winding up proceedings by the Registrar and \nfinalisation thereof; \n(zzg) the manner of service of notice regarding the procedure for \nenforcement of charge; \n(zzh) the manner of effecting execution of orders and attachment; \n(zzi) attachment before award and authorisation of officers by the \nRegistrar for taking custody, preservation and sale of property \nunder attachment, recovery of debt as arrears of land revenue, \nspecifying officers who can be delegated powers of the Registrar \nto attach property before announcement of the award; \n(zzj) recovery of dues as arrears of land revenue procedure for it; \n(zzk) the procedure to be followed in presenting and disposing of \nappeals; \n(zzl) the procedure for selection of members of the Tribunal, laying \ndown the qualifications and the terms of the Chairman and the \nmembers of the Tribunal, and framing of regulations for the \nworking of Tribunal; \n(zzm) the procedure for submission of application for review; \n(zzn) the procedure for making submission for revision; \n(zzo) issuing directions to the co-operative societies to frame service \nrules for employees; \n(zzp) fee to be fixed for supply of documents and information to a \nmember or a creditor; \n(zzq) the method of communication or publishing any order, decree \nor award required to be communicated or published under this \nAct or the rules; \n(zzr) any other matter which is required to be, or may be, prescribed \nunder this Act. \n(2) Every rule made under this Act shall be laid as soon as may be after it is \nmade, before the Legislative Assembly of the National Capital Territory of Delhi \n\nwhile it is in session, for a total period of thirty days which may be comprised in \none session or in two or more successive sessions, and if, before the expiry of \nthe session immediately following the session or the successive sessions \naforesaid, the Legislative Assembly agrees in making any modification to the rule \nor the Legislative Assembly agrees that the rule should not be made, the rule \nshall thereafter have effect only in such modified form or be of no effect, as the \ncase may be, so however, that any such modification or annulment shall be \nwithout prejudice to the validity of anything previously done under that rule.",
"footnote": "",
"is_definition": false,
"sort_order": 1510
},
{
"number": "138",
"title": "Section 138. Power of the Registrar to give directions to the co-operative banks.",
"chapter": null,
"content": "The Registrar may generally or in any particular matter under this Act or for \nenforcement of directions of the Reserve Bank to protect the interest of members \nand depositors of the co-operative banks licensed by the Reserve Bank and \nregistered under this Act or operating in Delhi under the Multi-State Co-operative \nSocieties Act, 2002 (39 of 2002), issue such orders or directions as he may \nconsider necessary to a co-operative bank or banks and thereupon such co-\noperative bank shall give effect to such orders or directions and shall report to him \nthe compliance within the time specified in the order or direction.",
"footnote": "",
"is_definition": false,
"sort_order": 1520
},
{
"number": "139",
"title": "Section 139. Right to information.",
"chapter": null,
"content": "(1) Any member or creditor having interest in the affairs of the co-operative society \nmay seek information relating to any transaction of the co-operative society and for \nthat purpose may be provided a certified copy of any document within thirty days \nfrom the date of receipt of application relating to such transaction on payment of \nsuch fee as may be specified. \n(2) Where a member or creditor having interest in affairs of a society \nseeking information prefers an appeal to the Registrar stating that the \nofficer of the society without any reasonable cause, has refused to receive \nhis application for providing information or has not furnished information \nwithin the time specified under sub-section (1) or has refused the request \nfor information or knowingly given incorrect information or obstructed in \nany manner in furnishing the information, the Registrar, after affording a \nreasonable opportunity of being heard to the officer of the society and the \nappellant, may either reject the appeal; or direct the officer of the society \nto furnish information within the period specified in the order or such \nextended period as may be allowed, and in case of default the Registrar \nmay impose a penalty of two hundred and fifty rupees each day till the \ninformation is furnished, so however, the total amount of such penalty \nshall not exceed ten thousand rupees which shall be recoverable as arrears \nof land revenue in case of default in payment.",
"footnote": "",
"is_definition": false,
"sort_order": 1530
},
{
"number": "140",
"title": "Section 140. Act to override other laws.",
"chapter": null,
"content": "The provisions of this Act shall have effect notwithstanding anything inconsistent \ntherewith contained in any other law.",
"footnote": "",
"is_definition": false,
"sort_order": 1540
},
{
"number": "141",
"title": "Section 141. Repeal and savings.",
"chapter": null,
"content": "On the day on which the Delhi Co-operative Societies Act, 2003 comes into force, \nthe Delhi Co-operative Societies Act, 1972 (35 of 1972) in force in the National \nCapital Territory of Delhi shall stand repealed. Provided that the repeal shall not \naffect - \n(a) the previous operation of the Act so repealed or anything duly done or \nsuffered thereunder; or \n(b) any right, privilege, obligation or liability acquired, accrued or incurred under \nthe Act so repealed; or \n(c) any penalty, forfeiture or punishment incurred in respect of any offence \ncommitted against the Act so repealed; or \n(d) any investigation, legal proceedings or remedy in respect of any such right, \nprivilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and \nany such investigation, legal proceedings or remedy may be instituted, continued \nor enforced and any such penalty, forfeiture or punishment may be imposed as if \nthat Act had not been repealed.",
"footnote": "",
"is_definition": false,
"sort_order": 1550
},
{
"number": "142",
"title": "Section 142. Removal of difficulties.",
"chapter": null,
"content": "(1) If any difficulty arises in giving effect to the provisions of this Act, the \nGovernment may by order, do any thing not inconsistent with such provisions \nof this Act for the purpose of removing the difficulties : \nProvided that no such order shall be made under this section after the expiry of \ntwo years from the commencement of this Act. \n(2) Every order under this section shall be laid, as soon as may be after it is made, \nbefore the Legislative Assembly of Delhi for ratification.",
"footnote": "",
"is_definition": false,
"sort_order": 1560
},
{
"number": "158",
"title": "THE FIRST SCHEDULE",
"chapter": null,
"content": "THE FIRST SCHEDULE \r\n[SEE SECTION 2(g)] \r\nCO-OPERATIVE PRINCIPLES \r\n1. Voluntary and Open Membership _ Co-operatives are voluntary organisations, open to all \r\npersons capable of using their services and willing to accept the responsibilities of membership, \r\nwithout discrimination on basis of gender, social inequality, racial, political ideologies or \r\nreligious consideration. \r\n2. Democratic Member Control _ Co-operatives are democratic organisations controlled by their \r\nmembers, who actively participate in setting their policies and decision making. Elected \r\nrepresentatives of these co-operatives are responsible and accountable to their members. \r\n3. Member's Economic Participation _ Members contribute equitably and control the capital of \r\ntheir Co-operative democratically. At least a part of the surplus arising out of the economic \r\nresults would be the common property of the co-operatives. The remaining surplus could be \r\nutilised benefiting the members in proportion to their share in the Co-operative. \r\n4. Autonomy and Independence _ Co-operatives are autonomous, self-help organisations \r\ncontrolled by their members. If co-operatives enter into agreement with other organisations \r\nincluding Government or raise capital from external sources, they do so on terms that ensure \r\ntheir democratic control by members and maintenance of Co-operative autonomy. \r\n5. Education, Training and Information _ Co-operatives provide education and training to their \r\nmembers, elected representatives and employees so that they can contribute effectively to the \r\ndevelopment of their Co-operatives. They also make general public, particularly young people \r\nand leaders aware of the nature and benefits of co-operation. \r\n6. Co-operation among Co-operatives _ Co-operatives serve their members most effectively \r\nand strengthen the co-operative movement by working together through available local, \r\nregional, national and international structures. \r\n7. Concern for Community _ While focusing on the needs of their members, co-operatives work \r\nfor the sustainable development of communities through policies accepted by their members. \r\nSd/- \r\n(P.S. PARMAR) \r\nDEPUTY SECRETARY (LAW,JUSTICE & L.A.) \r\n\r\nPROVISIONS OF DELHI CO-OFERATIVE SOCIETIES ACT-2003\r\nPRIOR TO\r\nAMENDMENTS BEFORE 17-01-2005\r\nI. Under Sec-2(a)\r\n2. Under Sec-9(d)\r\n3. Under Sec-3 I(I)\r\n4. Under Sec-3 1(2)\r\n5. Under Sec-37(I)\r\n6. Under Sec-37(1)\r\n7. Under Sec-37(7)\r\n8. Under Sec-37(I)(b)\r\n9. Under Sec-60(1)\r\n10. Under Sec-71(1)\r\n[82]\r\n\"arbitrationcouncii\"means a group ofthree individualsconstitutedby the\r\nGovernment for the settlementofdisputesunder section71 in accordance\r\nwith the provisionsofthisAct;\r\n\"and\"\r\n\"nintydays\"\r\n\"nintydays\"\r\n\"persistentlymakes default\"\r\n\"failstoinitiateactionforrecoveryor failstorecoverany dues ofa federalco\r\noperativesocietyor any financialinstitutionafterthe finalityofaward and\r\nissueofrecoverycertificateor aftersuch recovery failsto pay the recovery\r\namount to the federalG)-operativesocietyor the financialinstitution\"\r\n\"fivehundred and fiftydays\"\r\n\"Providedfurtherthatthesupersessionofthecommittee ofa co-operativesociety\r\nshallbe made onlywhere the Government has equityoffiftyone percentum or\r\nmore.\"\r\n\"ninty days\"\r\n\"shall\"\r\n\"(a)decide the disputehimself,or\r\n(b) referit for disposalto arbitrationcouncil.\r\n(2) The Government shallconstituteas many arbitrationcouncilsas may\r\nbe necessary each consistingof three members incfudinga Chairman. to\r\ndecide disputes under thissection.\r\n(3) (a) For selectingpersons forappointment as members ofthe arbitration\r\ncouncil,the Government shallconstitutea selectioncommittee as often as\r\nmay be reqUired which shallconsistof the follOWingnamely-\r\n(i) PrinCipalSecretary to the Government - Chairman\r\n(ii)Secretary.Law and judicial- Member\r\n(iii) RegistrarCo-operativeSocieties- Member Secretary\r\n(b) The selectiancommittee shallfinalisewithin a period of thirtydays\r\nfrom the date on which the reference is made to it.\r\n(c) The selectioncommittee shallrecommend a panel ofnames forevery\r\nvacancy referredto it.\r\n(d) All decisionsof the selectioncommittee shallbe by majority.\r\n(4) The Government shallappoint the member of the arbiU,,'ioncouncil\r\nfrom the names recommended by the selectioncommittee.\r\n(5) The method. manner of selection.appointment of members of the\r\narbitrationcouncil.designationof one of the members as Chairperson of\r\nsuch council.their qualifications,terms and conditions of appointment\r\nand fee payable to them shallbe prescribedby the Government from time\r\nto time.\r\n\r\nII.\r\n12.\r\n13.\r\n14.\r\nUnder Sec-91\r\nUnder 5ec-97\r\nUnder Sec-105\r\nUnder Sec-I 18(I)\r\n(6) The term of members of tilear!:>itralioncouncilshollbe three years\r\nand they shollhold theirofficeat the pleasure of the Government.\r\n(7) The decisionofthe arbitrationcouncilshalfbe taken on the basisof\r\nmajority.\r\n(8) The Registraror arbitrolioncouncil willdecide the dispute referred\r\nwithin a period of one hundred and (wenty five i\"ys anu it'(,,,,'.hpute\r\n;s not decided within the aforesaidperiod. (he ,'{t:g;strcr(j{ 'J/bitration\r\ncouncil,as the case may be. on a writtenappiic:JtHJn{rom rllt:partiesto\r\nthe referenceand on being satisfiedthat there were sufficientreasons (or\r\ndelay, may extend the period up to further period of one hundred and\r\ntwenty fivedays, within which the dispute shall be decided.\r\n(9) The Registrarmay withdrm'/ any reference transferredunder clause\r\n(b) of sub-section(I) and decide ithimselfor referthe same to another\r\narbitrationcouncil for decision.\r\n(10) The Registraror arbitrationcouncil to wham a dispute isreferredfor\r\ndecisionunder thissectionmay. pending the decisionofthe dispute.make\r\nsuch interlocutoryorders as may be deemed necessary in the interestof\r\njustice.\"\r\n\"Any person who has acquired property an occupancy right in a co\r\noperative housing societythraugh the instrument of power ofattorneyor\r\nagreement for sale shallhave the opportunity to became member of the\r\nconcerned co-operativehousing societywhere the propertyexistsby getting\r\nthe property converted from leasehold to freehold and on paying the\r\ntransferfee to the concerned co-operativehousing societyalong with dues,\r\nincludingthe dues of the apex or financialinstitution.ifany :\r\nProvided that a power ofattorneyholder or purchaser ofpropertythrough\r\nagreement ofsale and purchase in a co-operativehousing societyshallget\r\nthe said property converted from lease hold to free hold within a period\r\nof three hundred and sixtydays at the commencement of thisAct and all\r\nsubsequent salesand purchases of such property afterthe commencement\r\nof thisAct, the property shallbe converted from lease hold to free hold\r\nwithin three hundred and sixtydays, failureto do so shollbe deemed to\r\nbe an offence under section I18 :\r\nProvided furtherthatany such person can have access to the paid services\r\nprovided by the committee, namely the use of community hall.swimming\r\npool or any other common facilitiesavailableto the members or the use\r\nofcommon parkingspaces providedby the co-operativehousingsocietyonly\r\nin the event of his becoming member as aforesaidand the transferfee for\r\nbecoming member shollbe ten thousand rupees or as may be revisedby\r\nthe Registrarfrom time to time.\"\r\n\"Notwithstanding anything to the contrary contained in this Act. the\r\nRegistrarshallmake an order forwinding up of a co-operativebank. ifso\r\nrequired by the Reserve Bonk.\"\r\n\"Arbitrationcouncil\"\r\n\"(I) It shallbe on offence under thisAct. if-\r\n(a) the committee. an officer.employee or any member ofthe co-operative\r\nsocietywilfullymakes a falsereturn or furnishesfalseinformationrelating\r\nto the affairsof the co-operatives,?cietyunder thisAct;\r\n(b) the committee. its officersor employees falSifyor tamper with the\r\nrecords of the co-operativesociety:\r\n(c) the committee failsto ho!:1annual general body meeting under sub\r\nsection (I) of section3 I or failsto send returns to the Registrarafterthe\r\nmeeting under section 32:\r\n[83]\r\n\r\n•\r\n15. Under Sec-I33(I)\r\n16. Under Sec-137(zl)\r\n17. Under Sec-137(zrn)\r\n[84]\r\n(d) committee foilsto act on a requisitionforholdingspecialgeneral body\r\nmeeting under sub-section(2) of section 33;\r\n(e) the outgoing committee does not hand over the records to the newly\r\nelectedcommittee or administratoror the liquidatorunder sub-section(2)\r\nof section38;\r\nen the committee or any ofitsofficialsfailto comply with the directions\r\ngiven under section42 or section 138;\r\n(g) any person acts in contraventionof section44 or section45 or sub\r\nsection (2) ofsection66 or section67 or section 68 or sub-section(8) of\r\nsection 92;\r\n(h) ifany allotment of plot or\" flatis made in contravention of provisions\r\nof sub-section(I) of section 77;\r\n(i) an officer,or an employee of the co-operative societyincludingthe\r\npaid secretary,dishonesty or fraudulentlymis-appropriates or otherwise\r\nconvertsforhis own use or intentionallycauses lossto the prapertyofthe\r\nco-operativesocietyentrusted to him or under his controlas such officer\r\nor employee or allows any other person so to do;\r\n(j) an officeror an employee of the co-operativesocietyis or proved to\r\nhave been in possession of any pro-perty of the co-operative society\r\nreasonably suspected to have been stolen or unlawfullyobtained;\r\n(k) any officeror employee abets any offence punishable under thisAct\r\nwhether or not thatoffenceiscommitted in consequence ofthatabetment;\r\n(/) ifthe committee failsto initiateaction against the defaultermember\r\nforrecoveryofdues ofthe apex or any other financinginstitutionafterthe\r\nfinalityof the award or after recovery of such dues, failsto pay the\r\nrecovered amount to the apex or the financialinstitution;\r\n(m) on failureto convert the property to freeholdby a power of attorney\r\nholder or purchaser of property on agreement to sellwithin a period of\r\nthree hundred and sixtydays the under provisionsof section 91;\r\n(n) on failureofthe committee ofa co-operativehousingsocietytocomplete\r\nconstructionofitshousing prajectwithin time limitfixedunder sub-section\r\n(I) of section 92.\r\n(2) An offence under clause (a) of sub-section (I)shall be punishable\r\nwith fine which may extend to fiftythousand rupees.\r\n(3) An offence under any of the clauses (b) to (n) ofsub-section(I)shall\r\nbe punishable with imprisonment for a term which may extend to seven\r\nyears and with finewhich may extend to fiftythousand rupees or the both.\r\n(4) On conviction,a member ofthe co-operativesocietyshallbe debarred\r\nfrom contestingelectionofa committee for a period of six years.\r\n(5) The periodoflimitationfortakingcognizance ofthe offenceunder this\r\nsection shallbe three years from the date of the offence.\"\r\n\"Arbitrationcouncil\"\r\n\"Arbitrationcouncil\"\r\n\"Arbitrationcouncil\"\r\n\r\n!'nOVISIONS OF DELHI CO-OPERATIVE SOCIETIES ACT-2003\r\nPRIOR TO\r\nAMENDMENTS BEFORE 13-01-2007\r\nI.\r\n2.\r\n3.\r\n4.\r\n5.\r\n6.\r\nUnde,' Sec-35(I)\r\nUnder Sec-60(I)\r\nUnder Sec-77(1)\r\nUnder 5ec-79(a)\r\nUnder 5ec-91\r\nUnder 5ec-92(6)\r\nThe superintendence,directionand controlofthepreparationoftheelectoral\r\nrollsfor,and the conductofelectionsofthe members ofthe committee of.a\r\nco-operativesocietyshallbe vestedinthe committee.\r\nProvided that the entireprocess ofelectionwillbe conducted by a\r\nReturning Officertobe appOinted by theGovernment who shallbe not\r\nbelow therank ofa Gazetted Officer.'\r\nco-operativesocietyshallgetitsaccountsauditedannuallyby an auditorselected\r\nfrom the panelpreparedby the Registrarin the prescribedmanner withinthe\r\nperiodofninetydays' from thecfoseofco-operativeyear.\r\nAllotmentofplotsofland,flats,housesor otherdwellingunitsshallbe made by the\r\ncommitteeofa co-operativehousingsocietytothemembers strictlyon thebasisof\r\ndraw oflotsonlyinrespectofsuchmembers whose enrolmentas a member ofa co·\r\noperativehousingsocietyisfoundproperinaccordancewiththeprovisionsofthisAct,\r\nrulesframedthereunderand thebye-lawsoftheco-operativehousingsocietyby the\r\nRegistrarand such a draw oflotshallbe conductedby the lessorofthelandin\r\naccordancewiththetermsand tonditionsoflease.\r\nthepreviouspermissionoftheco-operativehousingsocietyhasbeen obtainedby\r\nthe transferorby payingthe transferfee;\r\nAny personwho has acqUiredpropertyon occupancy rightina co-operative\r\nhousingsocietythroughtheinstrumentofpower ofattorneyoragreement for\r\nsaleshallhavetheopportunitytobecome member oftheconcernedco-operative\r\nhousingsocietywhere thepropertyexistsbygettingthepropertyconverted\r\nfrom leaseholdtofreeholdand on payingthetransferfee often thausand\r\nrupees orsuch amount asmay be determined by theRegistrarfrom timeto\r\ntimetotheconcerned co-operativehousingsocietyalongwithdues,incfuding\r\nthedues oftheapex or financialinstitution,ifany:\r\nProvidedthatthemember who has soldhisplotorflaton power ofattorney\r\nor agreemer.t forsaleshallhave no votingrightintheaffairsofthe co\r\noperativehousing society,however, the power of attorneyholder shall\r\n.acquirevotingrightonlyaftergettingthepropertyconvertedintofreehold:\r\nProvidedfurtherthatany such person can have accesstothepaidservices,\r\nnamely, the use ofcommunity hall,swimming pool or any othercommon\r\nfacilitiesavailabletothe members or theuse ofcommon parkingspaces\r\nprovidedby theco-operativehousingsocietyonlyafterbecoming a nominal\r\nmember ofthe co-operativehousing societyas per itsbye-lawsand after\r\npayinga nominalmembership feeoftwo hundred rupeestotheco-operative\r\nhousingsociety: .\r\nProvidedalsothotthecommittee ofco-operativehousingsocietyshallissue\r\n'no objectioncertificate'to thegeneral power ofattorneyholderon his\r\napplicationrequiredforsubmissiontogetthepropertyconvertedtofree\r\nhold from the lessor,withintheperiod ofthirtydays ofitsreceipt,after\r\nensuringthatthereare no dues outstandingagainstthemember orgeneral\r\npower ofattorneyholderintherecordsoftheco-operativehousingsociety.'\r\nAllproposalsas above,shallbe approvedby thegeneralbody ina meetingby a\r\nmajorityofnot lessthentwo-thirdsofthe totalmembership oftheco-operative\r\nhousingsociety.\r\n[85]\r\n\r\n7.\r\n8.\r\nUnder Sec-96(I)\r\nUnder Sec-139\r\nWhere the Registrarhas reasontobelievethata co-operativesociety-\r\n(a) has not commenced businesswithinseven hundred seventyfivedays after\r\nthe date shown on itscertificateof registration;or\r\n(b) has not carriedon businessfor two consecutiveco-operativeyears;\r\n2(ii)receivesa replyfrom the co-operativesocietythat itis not carryingon\r\nbusiness;or\r\nAny member or creditorhaving interestin the affairsof the co-operative\r\nsocietymay seek ;nformationrelatingto any transactionofthe co-operative\r\nsocietyand forthatpurpose may be provideda certifiedcopy ofany document\r\nwithin thirtydays (rom the dote of receiptof applicationrelatingto such\r\ntransactionon payment a(such fee as may be specified.\r\nPROVISIONS OF DELHI CO-OPERATIVE SOCIETIES ACT-2003\r\nPRIOR TO\r\nAMENDMENTS BEFORE 29-C!~-:LO 12\r\n9.\r\n[86]\r\nUnder Sec-35(I0) -Icc)where the totalamount af issued equity share capitalheld by the\r\nGovernment issixtyper cent or more ofthe totalissuedshare capitalor the\r\nGovernment has givenloan or made advances to the co-operativesocietyor\r\nguaranteedthe repayment ofprincipaland payment ofintereston debenturesor\r\nbonds issuedby theco-operativesocietyorguaranteed the payment ofprincipa{\r\nand payment ofintereston loan and advances to the co-operativesocietyin\r\namaunt not lessthan sixtypercent in the aggregate of the totalamount so\r\nborrowed by theco-operativesociety.three-fourthofmembers ofthecommittee\r\nincludingthe Chairman;\r\nProvidedthat the rightonce accrued under thisclauseshallcontinueuntilthe\r\npercentageo(the amount in respecto(share contributionor guaranteedloan\r\ngoes down to lessthan fiftypercent;'",
"footnote": "",
"is_definition": false,
"sort_order": 1570
}
],
"metadata": {
"Act ID": "200403",
"Act Number": "3",
"Enactment Date": "2004-03-03",
"Act Year": "2004",
"Short Title": "THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003",
"Department": "Delhi Legislative Assembly",
"Type": "STATE",
"Location": "Delhi"
},
"updated_at": "2026-09-29 21:55:17"
}