DELHI CO-OPERATIVE SOCIETIES RULES, 1973
1. These rules may be called the Delhi Co-operative Societies Rules, 1973.
2. These rules extend to the whole of the Union territory of Delhi.
(3) These rules shall come into force with effect from the 2nd April, 1973.
Section R.1 of the Delhi Co-operative Societies Rules, 1973, primarily deals with the short title and application of the Rules, establishing the scope and jurisdiction of the Rules within the framework of cooperative societies in Delhi.
Section R.1 provides the official short title of the Rules as "Delhi Co-operative Societies Rules, 1973" and specifies that these Rules apply to cooperative societies registered or functioning within Delhi.
Note: The analysis is based on the available sources, which primarily highlight the scope, application, and significance of Section R.1 within the Delhi Co-operative Societies Rules, 1973.
In these rules, unless the context otherwise requires :
(i) The expression "The Act" means the Delhi Co-operative Societies Act, 1972, (Act No. 35 of 1972);
(ii) "Borrowed capital" means the total loans, deposits and other borrowings of a co-operative society including the debentures subscribed and paid-up;
(iii) "Co-operative year" means the year ending on the 22. Subs, vide Noti. No. F. 66/Policy/Res/97-98/1861 dt. 6.8.1997. [31st day of March) or in the case of any co-operative society or class of co-operative societies the accounts of which are, with the previous sanction of the Registrar, balanced on any other day, the year ending on such day;
(iv) "Decree" means any decree of a civil court and includes any decision, award or order referred to
Persons Appointed to Assist the Registrar and Position of Government Servants.
(1) Persons appointed to assist the Registrar under Section 3 may be designated as the Additional Registrar, Jt. Registrar, Deputy Registrar or Assistant Registrar.
(2) The Lt. Governor may confer on any person appointed to assist the Registrar all or such of the functions and powers of the Registrar under the rules as may be specified by him by order made in writing.
(3) The Registrar may appoint other field and ministerial staff to enable him or other officers or to whom powers of the Registrar have been conferred to carry on his functions efficiently and for the promotion of the co-operative movement.
[ (4), (5) and (6) ]
(1) Subject to the provisions of sub-section (1) of section 4, a co-operative society formed with the object of facilitating the operation of anyone of the classes or sub-classes hereinafter given shall be classified as a co-operative society of that class or sub-class, namely :-
(a) "Resource-Society" means a co-operative society formed with the objects of obtaining for its members the credit, goods or services required by them, such as :
(i) Thrift and Urban Credit Co-operative Society,
(ii) Agricultural Credit Co-operative Society,
(iii) Agricultural Non-Credit Co-operative Society.
(iv) Multipurpose Co-operative Society which includes amongst its primary objects specified in (ii) and (iii) above.
(1) Any co-operative society may, at a meeting of its general body specially called for the purpose, of which at least seven clear days notice has been given to its members, resolve to convert itself by an amendment of its by-laws into a co-operative society of a class different from the one to which it belongs. The said resolution (hereinafter in this rule referred to "as the preliminary resolution") shall include the amendments to the by-laws proposed for adoption by this co-operative society.
(2)
(i) A copy of the preliminary resolution shall be sent to all members and creditors of the society.
(ii) Any member of the co-operative society may, notwithstanding any bylaws to the contrary by notice given to the co-operative society within a period of one month from the date of receipt by him,
(1) Every application for registration of a co-operative society under subsection (1) of section 7 shall.be made in Form (1) in Hindi or English, and shall subject to the provisions of sub-rules (2) and (3), be duly signed by the applicants, and be accompanied by :-
(a) Four copies of the proposed by-laws of the co-operative society duly signed by each of the persons who sign the application for registration.
(b) A certificate from the Financing Bank that the amount of share capital raised by the promoters has been deposited in the name of the proposed co-operative society in suspense account.
(c) A list of persons who have contributed to the share capital together with the amount contributed by each of them, and the entrance fee paid by them.
11.
(1) On receipt of an application under rule 6 and before passing final order under Section 9, the Registrar may call for such further information from the applicants or make such independent enquiries as he may deem fit.
11. Subs by Notification No. F. 16 (9)/80/Co-op./Legal/88/227, Published in Delhi Gazette, Part IV, dt. 9.9.1988. [(2) The Registrar may give, whenever necessary, reasonable time not exceeding one month to the promoters to modify the proposed by-laws before finally registering the Co-operative Society which should be within the limit prescribed under Section 9 of the Act].
(3) On registering a co-operative society and its by-laws under sub-section (1) of section 9, the Registrar shall, as soon as may be, notify the registration of the co-operative society, a certificate of registration in Form 3 signed by him and bearing
(1) The Registrar shall maintain a register in Form 4 of all co-operative societies registered or deemed to be registered under the Act.
(2) The Registrar shall divide the register into several parts, one for each of the following classes of co-operative societies :-
(a) Resources.
(b) Producers.
(c) Agricultural.
(d) Housing.
(e) Consumers.
(f) Federal.
(3) The Registrar shall assign for each class or sub-class of co-operative society a code symbol for giving registration No. to the co-operative society and the co-operative society shall be registered from the date speci
Every co-operative society shall commence working within three months from the date of its registration.
The report to be made by the Registrar to the Lt. Governor under the proviso to sub-section (3) of section 9 shall be in Form 6.
Without prejudice to the generality of the power under sub-section (2) of section 9, the Registrar may refuse to register a co-operative society on anyone of the following grounds :
(1) No co-operative society shall be registered by the name which is identified with or which nearly resembles the name by which a co-operative society is in existence and has been previously registered or the name is in contravention of any law for the time being in force.
(2) No proposal for the registration of a co-operative society may be accepted by the name which is likely in the opinion of the Registrar, to deceive or mislead the members of the public as to its nature or identity.
(3) The Registrar may not consider the proposal favourably if in his opinion the aims and objects of the co-operative society ar
(1) The Registrar may require a co-operative society to make bye-laws in respect of all or any of the following matters, namely :
(a) the name of the co-operative society, address of the co-operative society and its branches;
(b) the area of operation;
(c) the objects of the co-operative society;
(d) the manner in which and the limit up to which the funds of the cooperative society may be raised the maximum share capital which anyone member may hold and the purpose to which the funds would be made applicable;
(e) the terms and qualifications for admission to membership;
(f) the privileges, rights, duties and liabilities of members including nominal, associate
When a co-operative society has been registered, the by-laws of the cooperative society as approved and registered by the Registrar shall be the bylaws of the society.
The Registrar shall make model by-laws of each class or sub-class of a cooperative society which may be adopted with or without changes, if any.
(1) Subject to the provisions of this rule, the by-laws of a co-operative society may be amended by passing a resolution at a meeting of its general body held for that purpose.
(2) The co-operative society shall give due notice in accordance with its bylaws to all the members for considering any amendment thereof.
(3) An amendment shall be deemed to have been duly passed, if a resolution in that behalf is passed at a meeting of its general body by not less than two- thirds of the members present thereat, and voting.
(4) After the resolution is passed, a copy thereof shall, within a period of two months from the date of the meeting at which the resolution was passed, be furnished to the Registrar along with :
(a) a copy of the relevant by-laws in fo
(1) If it appears to the Registrar that an amendment of a by-law of a cooperative society is necessary or desirable in the interest of such co-operative society, he may call upon the co-operative society to make the amendment.
(2) The Registrar may be serving a notice in Form 7 call upon a society to make an amendment within a period not exceeding sixty days by convening a general body meeting the society.
(3) After the expiry of the period specified in the notice under sub-rule (2), and if the society fails to make the amendment, the Registrar after giving the co-operative society an opportunity of being heard, may register the amendment and issue to the co-operative society a copy of such amendment certified by him with a certificate signed by him. With effect from the date of registration, the amendment is binding on the co-operative
Each co-operative society shall keep at its registered address a registration file containing :
(a) Registered by-laws.
(b) An index of amendment of by-laws.
(c) All registered amendments to the by-laws duly entered in the index along with certificates of registration of amendments.
(d) Certificate of registration.
(e) A copy of the Act.
(f) A copy of Rules.
The above shall be open for inspection at all times during working hours to the Registrar or any other officer authorised by him and every member of the society.
(1) The name of a co-operative society may be changed under section 14 so however that it does not refer to any caste or religious [or religion] denomination and is not inconsistent with the object of the co-operative society.
(2) Every change in the name of a co-operative society shall be made by an amendment of its by-laws and shall be notified in the Official Gazette.
(3) After the change in the name is approved by the Registrar, the Cooperative Society shall send the original registration certificate for amendment to the Registrar, who shall return the same to the co-operative society duly amended.
(1) The change of liability of a co-operative society from unlimited to limited and vice versa or in terms of multiple of share capital, shall be secured by passing a resolution in that behalf at a general meeting of the co-operative society indicating in clear terms the manner of changing the liability. The cooperative society shall give 30 days notice in writing of such meeting to all its members and creditors and furnish them with copies of the resolution proposed to be moved at the meeting. After the resolution is duly moved and passed, a copy thereof shall be sent to the Registrar within three months of its passing.
(2) Every notice to be given by the co-operative society under sub-section (2) of section 14 shall be sent by post under certificate of posting or otherwise to the address of each of its members and creditors as recorded in the book of the cooperative society. A co
(1) Every co-operative society desiring to effect amalgamation, transfer of assets and liabilities, division or conversion, shall make an application to the Registrar in that behalf giving full details about such amalgamation, transfer, division or conversion, as the case may be.
(2) On receipt of the application referred to in sub-rule (1), the Registrar may invite opinions from members and shareholders or creditors or from any other person who in the opinion of the Registrar is interested in the affairs of the co-operative society and may call for such further information or particulars from the co-operative society as he may deem necessary.
(3) On receipt of such application, the Registrar may, after examining the details furnished in the application and after considering all suggestions received by him in response to his invitation r
(1) Before issuing any order under sub-section (1) of section 16 providing for the amalgamation, division or reorganisation of any co-operative society or societies, the Registrar shall prepare a draft scheme in respect of such amalgamation, division or reorganisation stating in particular the manner in which the new committee or committees of the co-operative society or societies resulting from such amalgamation, conversion or reorganisation shall be constituted and the by-laws which such co-operative society or societies shall follow. The Registrar shall send a copy of the draft of the order proposed to be issued by him under sub-section (1) of section 16 to the co-operative society or each of the co-operative societies concerned calling upon it or class of members thereof or from any creditor or class of creditors to submit such objections or suggestions together with its own or their own suggestions and objections within
(1) Where in the case of defunct societies or a co-operative society which is being wound up, a proposal for compromise or arrangement.
(a) between a co-operative society and its creditors; and
(b) between the co-operative society and its members, is received, the Registrar may on the application of the co-operative society or any member or of any creditor of the co-operative society or of the liquidator, order reconstruction of the co-operative society in the manner hereinafter given.
(2) An application for reconstruction of a co-operative society under sub- rule (1) may be made in Form 9. On receipt of such application, the Registrar may taking into consideration the compromise or arrangement for reconstruction of the co-operative society, if he thinks fit, prepare a draft order indicating:
Where an application for registration of an amendment in the by-laws of a cooperative society is rejected by the Registrar under sub-section (4) of section 11, the appeal, if any, shall be made only after the committee has reconsidered the matter in a meeting and has decided to prefer an appeal which shall be signed by the officer of the society authorised in this behalf by the committee. A copy of the resolution of the committee shall be attached with the memorandum of appeal.]
In case of vacancy in a housing society including group housing society where lay out and building plans have been approved by the competent authority, the same shall be filled by the committee by notifying in a leading daily newspaper of Delhi in Hindi and English. In case the number of applications are more than the notified vacancies, the membership shall be finalised through draw of lot in the presence
Before making an order cancelling the registration of a co-operative society under sub-section (5) of section 9, the Registrar shall give to the society reasonable opportunity of being heard.
11. Subs vide Noti. No. F-66/Policy/RCS /97-98/1861 dt. 6.8.1997.
(1) No person shall be admitted as a member of a co-operative society unless-
(i) he has applied in writing in the form laid down by the co-operative society or in the form specified by the Registrar, if any, for membership along with a declaration on oath that he is not a member of any other co-operative society having similar objects;
(ii) his application is approved by the committee of the co-operative society in pursuance of the powers conferred on it in that behalf and subject to such resolution as the general body may in pursuance of the powers conferred on it in that behalf from time to time pass, and in the case of nominal, associate, by an officer of the society authorised in that behalf by the committee;
&nb
(1) No person shall be eligible for admission as a member of a co-operative society if he----
(a) has applied to be adjudicated an insolvent or is an undischarged insolvent; or
(b) has been sentenced for any offence other than an offence of a political character or an offence not involving moral turpitude and dishonesty and a period of five years has not elapsed from the date of expiry of the sentence;
11. Subs, vide Noti. No. F. 66/Policy/RCS /97-98/1861 dt. 6.8.1997. [(c) in the case of membership of a housing society :-
(i) owns a residential house or a plot of land for the construction of a residential house in any of the approved or un-approved colonies or other localities in the National Capital Territory of Delhi, in his own name or in the
Section R.25 of the Delhi Co-operative Societies Rules, 1973, deals primarily with the disqualifications for membership in a cooperative society, including provisions related to ownership of property and other criteria that may render an individual ineligible for membership.
Section R.25 sets out the grounds on which a person may be disqualified from becoming or remaining a member of a cooperative society. It includes provisions about ownership of property, ownership of land or house in Delhi, and other disqualifying factors. Notably, certain exceptions are provided, such as for co-sharers in joint family property.
The section governs the eligibility criteria for membership, focusing on property ownership and related disqualifications. It also influences the transfer of membership and the recognition of such transfers. The scope extends to ensuring that membership criteria align with the objectives of the cooperative society, especially regarding property ownership in Delhi.
While Section R.25 primarily deals with disqualification and recognition of membership, violations such as illegal transfer or non-compliance with disqualification criteria may attract penalties under the broader framework of the Delhi Co-operative Societies Act, 1972, including penalties for offences related to membership fraud or misrepresentation, which can extend to imprisonment up to seven years [Rajdhani Co-op. Group Housing Society Ltd. VS Presiding Officer, Delhi Co-op. Tribunal].
Disqualification - Section R.25 disqualifies individuals owning property in Delhi from membership unless they fall under specified exceptions [Rajdhani Co-op. Group Housing Society Ltd. VS Presiding Officer, Delhi Co-op. Tribunal].
Property Ownership - Ownership of residential land or property in Delhi is a primary disqualifying factor, unless the individual qualifies under co-sharer provisions [Rajdhani Co-op. Group Housing Society Ltd. VS Presiding Officer, Delhi Co-op. Tribunal].
Exceptions - Co-sharers in joint family property are exempted from disqualification, broadening eligibility criteria for certain categories of persons .
Transfer Recognition - The rules stipulate that the transfer of membership must be recognized unless disqualified; refusal without valid grounds is not permissible [Rajdhani Co-op. Group Housing Society Ltd. VS Presiding Officer, Delhi Co-op. Tribunal].
Role of Registrar - The Registrar's authority includes upholding or canceling memberships based on compliance with the rules and verifying ownership documents [RASHMI NAQRATH VS SARVA PRIYA COOPERATIVE HOUSE BUILDING SOCIETY LIMITED].
Inherent Cessation - Membership can cease if the member owns property in Delhi contrary to disqualification clauses, as upheld in case law [RASHMI NAQRATH VS SARVA PRIYA COOPERATIVE HOUSE BUILDING SOCIETY LIMITED].
Legal Validity - Orders passed by the Registrar regarding membership cancellation or recognition are subject to judicial review for legality and procedural correctness [RASHMI NAQRATH VS SARVA PRIYA COOPERATIVE HOUSE BUILDING SOCIETY LIMITED].
Recognition of Transfer - Society cannot refuse to recognize a valid transfer of membership where no disqualification exists [Rajdhani Co-op. Group Housing Society Ltd. VS Presiding Officer, Delhi Co-op. Tribunal].
Ownership of Business Property - The ownership of partnership business property does not necessarily disqualify a member if it does not fall under ownership of residential property in Delhi [RASHMI NAQRATH VS SARVA PRIYA COOPERATIVE HOUSE BUILDING SOCIETY LIMITED].
Offences & Penalties - Violations of rules regarding membership and transfer can attract penalties, including imprisonment up to seven years, under offences related to cooperative societies .
Scope of Rule 25 - The rule applies to both initial membership and transfer of membership, emphasizing proper documentation and ownership verification .
Amendments & Repeal - The 2007 rules repealed the 1973 rules, but the provisions regarding membership disqualification remain relevant unless specifically amended .
Membership & Property Ownership - The rules clarify that mere ownership of property in Delhi, unless falling under exceptions, leads to disqualification, aligning with the society's social objectives .
Legal Interpretation - Judicial pronouncements have clarified that ownership of property in Delhi is a key factor, but exceptions such as joint family co-sharers are recognized to prevent undue hardship .
Procedural Aspects - The Registrar's procedures for recognition or cancellation of membership must adhere to principles of natural justice and proper documentation .
Disqualification & Succession - The applicability of disqualification rules in cases of succession or transfer is well-established, ensuring only eligible members retain rights [rule 25 applicability].
Penal Provisions - Offences under the rules can lead to severe penalties, emphasizing the importance of compliance with membership criteria .
Note: The analysis is based on the available sources, focusing on the scope, essential ingredients, and legal implications of Section R.25 of the Delhi Co-operative Societies Rules, 1973.
The following shall be the terms and conditions on which persons referred to in section 20 (1) (d) may be admitted as a member of a co-operative society :-
(1) The number of such persons admitted to the membership of a cooperative society shall not exceed 5 per cent of its total membership at any time.
(2) The head office of such persons shall be within the area of operation of the co-operative society.
(3) Such persons shall carry on their business within the area of operation of the co-operative society.
(4) Such persons purchase at least 10 shares in the capital of the cooperative society.
(5) The aims and objects of such persons are not contrary to those of the cooperative society.
&nb
(2) In accordance with the procedure laid down in its by-laws and these rules for admission of any member, a co-operative society may admit minors and persons of unsound mind inheriting share or interest of deceased members as its members through their legal representatives or guardians respectively. The members so admitted will enjoy such rights and liabilities as are laid down in the by-laws of the co-operative societies that are consistent with the Act and rules.
No individual/primary society, being a member of a primary co-operative society/federal society of any class shall be a member of any other co-operative society of the same class without the general or special permission of the Registrar, and where an individual/ primary society has become a member of two co-operative societies of the same class, either or both of the co-operative societies shall be bound to remove him from membership after giving proper opportunity to such individual/primary society in writing. The individual/primary society shall, however, have the right to appeal to the Registrar against the order of the society within thirty days after the receipt of the order of the termination of membership. The decision of the Registrar shall be final and binding on all concerned].
No co-operative society shall admit members within one month prior to the ate of a meeting of its general body.
(1) On receipt of an application for membership, the co-operative society shall enter particulars of the application in the register of applications in the following form, giving a serial No. to the application and shall issue a receipt in acknowledgement thereof:-
S. No.
Date of receipt of application
Name & Address of applicant
Decision of the committee
Date of resolution of committee
22. Ins. by Noti. No. F. 16 (9) /80/Co-op. /Legal /88/227. Published in Delhi Gazette (Extra), Part IV, dt. 9.9.1988.
(2) A co-operative society shall dispose of an application
p.
(a)
(1) In a co-operative society with unlimited liability, a member, who is not indebted to a co-operative society and is not a surety for an unpaid debt, may withdraw from the co-operative society after giving such notice to the secretary of the co-operative society as may be laid down in the by-laws of the co-operative society.
(2) In a co-operative society with unlimited liability, a member, who withdraws or is otherwise removed or expelled from the society, shall be entitled to repayment without interest of any money paid by him or his predecessor-in-interest towards the purchase of shares after such period as may be laid down in the by-laws.
(3) Notwithstanding anything contained in the by-laws, no member of a co-operative society with li
(1) Where a member of a co-operative society ceases to be a member thereof the sum representing the value of his share or interest in the share capital of the society to be paid to him or his nominee, heir or legal representative, as the case may be, shall be ascertained in the following manner, namely :-
(i) in the case of a co-operative society with unlimited liability, it shall be the actual amount received by the society in respect of such share or interest;
(ii) in the case of a co-operative society with limited liability, it shall be the amount arrived at by a valuation based on the financial position of the society as shown in the last audited balance sheet preceding the cessation of membership:
Provided that the amount so ascertained shall not exceed the actual amount received by the
Every co-operative society shall maintain a register of membership, showing :-
(a) the name, address and occupation of each member, and a statement of shares held by him;
(b) the date on which the members name was entered in the register after depositing membership fee and share money;
(c) the date on which any person ceased to be a member; and
(d) the nominee appointed by a member.
(1) No transfer of shares shall be effective unless-
(a) it is made in accordance with the provisions of the by-laws; and
(b) a clear fifteen days notice in writing is given to the co-operative society indicating therein the name of the proposed transferee, his consent, his application for membership, where necessary, and the value proposed to be paid by the transferee.
(2) After the transferee has made payment of the value of the shares so transferred and paid the value of any interest to be transferred to the society, as may be agreed upon between the transferee, the transferor and the society, transfer shall be registered in the books of the society. The transferee shall thereupon become the member of the society and shall acquire all rights of the membership and shall hold such interest a
(1) For the purpose of transfer of his share or interest under sub-section (1) of section 26, a member of a co-operative society may, by A document signed by him or by making a statement in any book kept for the purpose by the society, nominate any person or persons. Where the nomination is made by a document, such document shall be deposited with the society during the members lifetime and where the nomination is made by a statement, such statement shall be signed by the member and attested by one witness.
(2) The nomination made under sub-rule (1) may be revoked or varied by any other nomination made in accordance with that sub-rule.
(3) The record of nomination shall be kept by a co-operative society in such manner as may be laid down in the by-laws.
(4) When a member of a co-operative soci
Notwithstanding anything contained in the by-laws, any member who has been persistently defaulting in payment of his dues or the payment of claims made by a housing society for raising funds to fulfil its objects, has been failing to comply with the provisions of the by-laws regarding sales of his produce through the society or, other matter in connection with his dealings with the society or who, in the opinion of the committee, has brought disrepute to the society or he has done other acts detrimental to the interest or proper working of the society, the society may by a resolution passed by a majority of not less than three-fourths of the members entitled to vote who are present at a meeting of the committee held for the purpose, expel a member from the society
Provided that prior to placing the matter before the meeting of the committee, the member concerned shall be served wi
(1) Every co-operative society shall prepare a list of its members as on the last day of each co-operative year. The last shall be kept open at the office of the society, during office hours for inspection by any member of the society. The list of members shall be revised thirty days prior to the date of the meeting fixed for the election of the committee of the society and shall include the members admitted and exclude the members removed during the period commencing from the date when the list was last revised and ending with the date of the revision of the list.
22. Subs, vide Noti. No. 66/Policy/RCS/97-98/1861, dt. 6.8.1997.
[(2) A list drawn in accordance with sub-rule (i) shall be supplied by the society to the member on payment of Rs. 10/- per 100 members or part thereof].
(3) A copy o
No member including the primary society in case of federal society shall be eligible to vote at the meeting fixed for any election, if on that date thirty days prior to such meeting a member is a defaulter to the society or is a representative of defaulting society against whom a decree has been passed under section 61.]
(1) No member of a co-operative society, who is in arrears to the society in respect of any loan taken by him, for such period as is specified in its by-laws or in any case for a period exceeding three months, shall be appointed to represent the society in any other co-operative society and to vote on its behalf in such other co-operative society.
(2) Where a member of a co-operative society so appointed falls in arrears to the society for the period specified in sub-rule (1), subsequent to his appointment, he shall cease to be representative of the society as from the end of the said period.
Without prejudice to the provisions of section 27, a person shall cease to be a member of a co-operative society on his resignation from the membership thereof being accepted or on the transfer of the whole of his share or interest in the society to another member, or on his death, removal or expulsion of incurring any of the disqualifications specified in the Act and the Rules.
(1) A member of a co-operative society or any member of the public may inspect the following documents in the office of the Registrar, and may obtain certified copies thereof, on payment of the following fees :- Per 200 words or less. Per 200 words or less.
(i)
Application for registration of co-operative society
0.75 P
(ii)
Certificate of registration
0.75 P
(iii)
By-laws of societies
Every co-operative society shall maintain accounts and books for the purpose of recording business transactions by it and close them every year on the 11. Subs, by Noti. No. F. 16 (9) /80/ Coop./Legal/Published in Delhi Gazette (Extra), Part IV,dated 18.5.1989. [31st March by the 30th April]. Each closing entry in the cash book in each ledger account shall be signed by the President, the Secretary and the Treasurer or any other approved members of the society authorised by the managing committee. The closing balances which are thus authenticated shall be carried forward to the following year commencing on the 1st April. For the purposes of calling the annual general body meeting as provided in section 29, the date fixed for making up the accounts for the year shall be the 30th April of each year.
Every co-operative society shall keep and maintain the following accounts and books for the purpose of recording the business transacted by it:-
(a) Minute books for recording the proceedings of the general body.
(b) Register of applications for membership containing the name and address of the applicant, the date of receipt of application, the number of shares applied for and in case of refusal, and the date of communication of the decision refusing admission to the applicant.
(c) Admission book, showing the name and address of each member, the date of admission, the shares taken by him and the amount paid by him towards such shares and the amount of share capital, if any, refunded to him together with the date of each such payment and refund.
(d)
The Registrar may, by order in writing, direct any co-operative society to get any or all of the accounts and books required to be kept by it under rule 43 written up to such date, in such form and within such time as he may direct. In case of failure by any co-operative society to do so, the Registrar may depute an officer subordinate to him to write up the accounts and books. In such case it shall be competent for the Registrar to determine, with reference to the time involved in the work and the emoluments of the officer deputed to do so, the charges which the society concerned shall pay to the Government and to direct its recovery from the society.
(1) For the purpose specified in sub-section (1) of section 41, a copy of any entry in a book of a society regularly kept in the course of business shall be certified :-
(i) by the President or Secretary and by not less than two members of the committee.
(ii) where an order has been passed under section 32 dissolving the committee and appointing an administrator by the Registrar, or any officer authorised by him.
(iii) where an order has been passed under sub-section (1) of section 66 appointing a liquidator of the society by the liquidator.
(2) Every certified copy shall bear the seal of the co-operative society.
(1) Every co-operative society shall prepare for each co-operative year :-
(a) a statement showing the receipts and disbursements for the year in Form 11;
(b) a profit and loss account in Form 12;
(c) a balance sheet in Form 13; and
(d) such other statement of return as may be specified by the Registrar from time to time.
(2) Every balance sheet of a co-operative society shall give a true and fair view of the state of affairs of the society as at the end of the cooperative year. Every profit and loss account of the society shall give a true and fair view of the profit and loss of the society for the cooperative year. Every co-operative society shall submit to the Registrar annually within 11. Subs, by No
The books and records of a co-operative society shall be preserved as is set forth in Schedule I or as may from time to time be directed by the Registrar. A list of record destroyed from time to time shall be prepared and kept by the Secretary.
(1) The Committee of a co-operative society shall specify which of the officers of a Society shall :-
(a) keep the books of account;
(b) keep other books and registers; and
(c) prepare returns and statements :
Provided that a person charged with the keeping of accounts shall not be the incharge of cash.
(2) If the committee of a co-operative society has not specified the officers required to be specified in sub-rule (1) notwithstanding anything contained in the by-laws of the society, the following officers shall be responsible for keeping accounts, records, etc. indicated against each, namely :-
(a) Treasurer He shall keep or cause to be kept all the books
(1) Every co-operative society shall from time to time determine at a meeting of the committee the minimum members of paid staff required for its business. The committee shall prescribe their qualifications and experience and the emoluments. The committee shall be competent to appoint, dismiss or remove any paid staff.
(2) The minimum paid staff of a co-operative bank and any co-operative society with a working capital or annual transactions of rupees five lacs or over shall be :
(i) One Secretary or Manager.
(ii) One Accountant,
(iii) One Cashier.
(1) In the co-operative societies of all classes including Financing Bank, the appointment of paid staff shall be subject to such directions as the Registrar may from time to time issue in regard to their technical and educational qualifications and in regard to their minimum number and pay and allowances and security deposits.
(2) No society of the class referred to in sub-rule (1) shall appoint any person as its paid officer or servant in any category of service, unless he possesses the qualifications prescribed by the Registrar from time to time. No society shall retain in service any paid officer or servant if he does not acquire the qualifications within such time as the Registrar may direct. The Registrar may, for special reasons, relax in respect of any paid officer or servant or a class of officers servants the provisions of the rule in regard to qualifications etc.
&nbs
(1) Without prejudice to the provisions of sections 29 and 30, the meetings which shall be convened by a co-operative society of its general body shall be :-
(a) preliminary general meeting;
(b) annual general meeting; and
(c) special general meeting.
(2) Notwithstanding anything contained in the Act, rules and by-laws, every co-operative society shall within a period of not less than one month and not more than three months from the date of its registration, hold a general meeting which shall be called "preliminary general meeting". In this meeting the following business shall be discussed and decided :-
(a) approval of allotment of shares, amount .collected and amount spent in connection with registra
(1) A co-operative society with limited liability may, if its area of operation extends to the whole of the Union territory of Delhi or its
(2) Where a co-operative society so provides in its by-laws to constitute a representative general body, it shall with the permission of the Registrar, divide its members into different groups on a territorial or other basis.
(3) The by-laws of such a society may specify the number or proportion of the members of the representative general body who may be elected to represent each such group :-
(a) by all the members of the society :
(b) by only that particular group of members of the society to which such representatives belong.
(a) ceases to be a member of the soc
(1) Notwithstanding anything contained in the by-laws, the quorum for a general meeting shall be one-third of the total number of members subsisting as such on the date of notice of the meeting subject to a minimum of ten members;
(2) No business shall be transacted at any general meeting unless there is a quorum at a time where the business of the meeting is due to commence.
11. Ins. by Noti. No. F. 16(9) /90/Coop./Legal/88/227, Published in Delhi Gazette (Extra) Part IV, dt. 9.9.1988.
[(3) If within an hour from the time appointed for the meeting, a quorum is not present, the meeting shall stand adjourned for one hour on the same day, which would be specified in the notice calling the meeting, but if the meeting is called upon the requisition of members of the Society (not of the Registrar)
(1) Without prejudice to the provisions of section 29, the general meeting alone shall have the powers to transact the following business :-
(a) fixing the maximum credit limit of a co-operative society subject to the approval of the Registrar.
(b) election, suspension and removal of members of the committee other than the nominated members :
Provided that an interim vacancy of the committee may be filled up by co-option by the remaining members of the committee till the election is held,
(c) Expulsion of the members.
(1) A resolution which is put to the vote of a general meeting shall be decided by a show of hands unless (whether before or after the declaration of the result of the show of hands) a poll is demanded by at least ten members and agreed to by the Chairman and if no poll is demanded, a declaration by the Chairman of such meeting that a resolution has been carried or lost and an entry to that effect in the minutes of the proceedings shall, for the purposes of the Act, be conclusive proof of the fact that such resolution has been duly carried or lost but it shall not be prof of the number or proportion of the votes recorded in favour of or against such resolution.
(2) If a poll is demanded, the votes shall be taken in such manner and at such time as the Chairman of the meeting directs subject to any provision in the by-laws in this behalf, and the result of such poll shall be deemed t
(1) Annual general meeting of a co-operative society may be called by giving not less than 14 days notice in writing.
(2) Special general meeting of a co-operative society may be called by giving not less than seven days notice in writing.
(3) Notwithstanding anything contained in the by-laws, when a general meeting is called under the proviso to sub-section (1) of section 29, or in pursuance of sub-section (2) of section 30, the Registrar may determine the period of notice for such meeting, the time and place of the meeting and the subject to be considered thereat. The Registrar may preside over such meeting or authorise any person to so preside.
(4) Notice of every general meeting of a co-operative society shall be given to every member of the society either personally or by sending it by po
(1) Every co-operative society shall cause minutes of proceedings of general meetings to be entered in a book kept for that purpose.
(2) Unless the minutes are drawn up and are duly signed by the Chairman immediately or corrections, shall be drawn up and shall be signed by the Chairman of the meeting within four working days from the time when the meeting terminated. The minutes so signed shall be evidence of the proceeding of the meeting.
(3) Until the contrary is proved, every general meeting of a society in respect of the proceedings whereof minutes have been so recorded shall be deemed to have been duly called and held.
(1) Notwithstanding anything contained in these rules or the by-laws and without prejudice to the generality of the powers of the Lt. Governor in sub-section (1) of section 31, election of members of the committee of a class of society specified below shall be conducted in the manner given in Schedule II, namely :-
(a) Federal Society,
(b) Financing Bank.
(c) Consumers Society
(d) T and C Urban Co-operative Banks.
11. Subs. vide Noti. No. F 1 (13)/AR (L) /RCS/Coop./140 Dt. 8.11.1993. (e) Housing societies.
(f) Any other society whose membership exceeds two hundred.]
(2) Notwithstanding anything contained in the by-l
No person shall be eligible for election as a member of the Committee if-
(a) he is in default to any co-operative society in respect of any sum due from him to the society.
(b) he has, directly or indirectly, any interest in any contract to which the co-operative society is a party except in transaction made with the cooperative society as a member in accordance with the objects of the society as stated in the bye-laws.
(c) he has, at any time, during a period of one year prior to the date of scrutiny of nomination papers, when engaged in any private business, trade or profession of any description which is carried on by the society.
[(d) He has committed any offence involving dishonesty or moral turpitude during the period of five years prior to
A member of the committee shall cease to hold his office as such if he :-
(a) continues to be in default in respect of any sum due from him to the cooperative society for such period as may be laid down in the by-laws;
(b) ceases to be a member;
(c) is declared insolvent;
(d) becomes of unsound mind;
(e) is convicted of an offence involving dishonesty or moral turpitude; or
(f) becomes subject to any disqualification which would have presented him from seeking election, had he incurred that disqualification before election.
(1) Without prejudice to the provisions of the bye-laws no officer of a cooperative society shall have an interest, directly or indirectly, otherwise than as such officer-
(a) in any contract made with the society; or
(b) in any property sold or purchased or leased by or to the society; or
(c) in any other transaction of the society except as investment made or as loan taken from the society or the provision of residential accommodation by the society to any paid employee of the society.
(2) No officer of a co-operative society shall purchase, directly or indirectly, any property of a member of the society sold for the recovery of his dues to the society.
(3) The prohibition contained in this rule shall
Omitted
A delegate of one society sitting on the committee of another society shall vacate his seat in such committee :-
(a) if the society which elected him as a delegate withdraws him or elects another delegate in his place; or
(b) if the committee of the society which elected him as a delegate has been superseded; or
(c) if the society of which he is a delegate becomes defunct or commits default and continues to be a defaulter for a period exceeding three months; or
(d) if the affairs of the society of which he is a delegate are ordered to be wound up.
Notwithstanding anything contained in the by-laws of the Financing Bank, the maximum strength of the Board of Directors shall be sixteen including three Government nominees, nominated by the Government. The remaining thirteen Directors shall have five institutional Directors and eight elected Directors as under :-
(a) Institutional Directors.
(i) One seat reserved for Urban Cooperative Banks Federation,
(ii) One seat for Delhi State Cooperative Union,
(iii) One seat for Delhi Cooperative Housing Finance Corporation Ltd.
(iv) One seat for Delhi State Agricultural Cooperative Marketing and Supply Federation Ltd.
(v) One seat for Delhi State Women Cooperative Ma
(1) A committee of a co-operative society shall exercise all the powers of the society and discharge all the duties as may be specified in its bylaws by means of resolutions passed at its meetings. No resolution shall be passed by circulation.
(2) A committee shall meet as often as required but a meeting shall be held at least once in every month, in case of Primary Societies and once in three months in case of Federal Societies and Financing Bank provided that where the committee fails to hold meeting for 3 consecutive months in case of Primary Co-operative Societies and 9 months in case of Federal Societies and Financing Bank, the Registrar may appoint the Election Officer for conducting the Election of the managing committee of such primary society, Federal Society or Financing Bank.
11. Subs by Noti. No. F 16 (9)/80/Coop. /Legal / 88
(1) The notice to show cause why the committee of a co-operative society should not be removed under section 32 shall contain the grounds on which the proposed action is contemplated and shall be addressed to the Chairman/President of the society and sent to him at his last known address, if any, or at the registered address of the society by registered post. The service of the notice shall be complete as soon as the letter containing this notice is posted.
(2) As soon as the order removing the committee is made by the Registrar under section 32, all the members of the committee shall be deemed to have vacated their respective offices from the date of the order and shall hand over charge of the assets and liabilities and record of the society to a person appointed by the Registrar or to the Administrator appointed by him.
(1) A declaration required to be made under clause (i) and clause (ii) of section 37, shall be in Form 14.
(2) A register of such declaration shall be kept by the co-operative society in Form 15.
(3) A charge on any immovable property created by a member in favour of a cooperative society for amounts borrowed or likely to be borrowed by him : from time to time, shall, subject to the provisions of clauses (iv) and (vi) of section 37 continue in force till the person creating the charge ceases to be a member of the society.
(4) Where a member of a society creates a charge on his land or on his interest in any land as a tenant by declaration under section 37, the society may, if compelled to make use of such property for the recovery of the loan granted to such member against the security of such
22. Subs. vide Noti. No. F 66/Policy/RCS/97-98/1861/ dt. 6.8.1997.
(1) A cooperative society shall receive deposits and loans only to such extent according to the following parameters or as per provisions contained in the by-law.s. The general body of a society shall be competent to fix the maximum credit limit in respect of the society based on the audited accounts and the committee of a society shall be competent to fix the maximum credit limit of an individual borrower."
(ii) for the opening part of sub-rule (2) reading as "Without prejudice to the generality of the powers of the Registrar under sub-rule (1) the M.C.L. of the cooperative society may be fixed by the general body at any limit but not exceeding the limits given below", the following shall be substituted, namely :-
"(2) The M
(1) Every co-operative society, which has a share capital, shall provide in the by-laws the maximum amount of such share capital, the number of shares into which it is divided, the class of shares, the face value of each share of each class and the rights and liabilities attaching to each class of shares and where the full amount of the shares is not payable on allotment, the amount and the number of instalments in which it is required to be paid and such other incidental matters.
(2) Any co-operative society, which is authorised under its by-laws to raise funds by the issue of debentures and bonds may, with the prior sanction of the Registrar , frame regulations regarding the maximum amount to be raised by the issue of debentures and bonds, the class or classes of debentures and bonds, the face value of each debenture or bond, the date on which the debentures or bonds are to be re
Every co-operative society which obtains any portion of its working capital by deposits, shall :-
(i) maintain such liquid resources and in such form as may be specified by the Reserve Bank of India in the case of Urban Thrift and Credit Banks and Financing Bank and by the Registrar in case of other Societies; and
(ii) utilise only such portion of its working capital in lending business and distribute its assets in accordance with such standards as may be specified from time to time by the Registrar.
(1) In case of grant of loans against security movable or immovable property, the lending co-operative society shall maintain such margin as the Registrar may, by general or special order, direct from time to time with reference to different commodities, securities or classes of cooperative societies.
(2) It shall be lawful for a society to grant loans without taking security of movable or immovable property if the purpose for which the loans given in considered production-worthy or credit-worthy, and it is reasonably expected that the loans will be repaid by the loanee. The Registrar may issue directions to the co-operative societies to ensure that credit-worthy purposes indicated above receive finance from the societies without any difficulties on the one hand, and without being detrimental to the financial interest of the societies on the other.
(1) Every member of a co-operative society applying for a loan from the cooperative society shall be required to hold shares in such manner and in such proportion to the amount of loan applied by him as may be specified in the by-laws of the co-operative society.
(2) Subject to the maximum limit specified in the by-laws, a loan to be granted to a member of a resource society, and the period of its repayment shall be in accordance with the standard laid down by the Registrar. A loan in excess of the maximum amount may be granted to a member with the previous sanction of the Registrar.
(1) No co-operative society whose objects do not include grant of loan or financial accommodation to its members shall grant loans or sanction credit to any member without the sanction of the Registrar :
Provided that any co-operative society which has as some of its objects, supply of goods or services required by members for production purposes, may supply goods or provide service on credit against sufficient security on condition that the cost of the goods supplied or services provided shall be recoverable from the amount of the sale proceeds of the agricultural produce or other goods produced by the members.
(2) A consumer co-operative society may sell goods on credit to its members and other customers upto the extent of deposits received from them.
(1) Notwithstanding anything contained in the agreement entered into with the borrowing member, the committee of a co-operative society shall be entitled, after giving a weeks notice to such member, to recall the entire loan amount immediately, when it is satisfied that the loan given has not been applied for the purpose for which it was given or there has been breach of any of the conditions for grant of such loan.
(2) Nothing in this rule shall be deemed to preclude the Registrar from directing the co-operative society to recall a loan of his own motion, when it is brought to his notice that the loan given by the society has been misapplied or conditions thereof have not been followed. The Registrar may make in the matter such inquiries as he may deem necessary and after giving a show cause notice to the co-operative society issue, with the prior approval of the Financing Bank, n
The shares of society shall not be hypothecated to that society but its members as a security for a loan.
No society shall make any loan to a member on a bond secured by the suretyship of a non-member, provided that the Registrar may for special reasons, exempt any society by name from the operation of this rule.
The Registrar may , from time to time, issue such directives as he considers necessary for the successful conduct of the business of a co-operative society or class of co-operative societies.
(1) Loans and subsidies to a co-operative society or class of co-operative societies may be granted by Government by a general or special order from time to time.
(2) An application by a co-operative society for a loan or subsidy or both from a Government Department or a Government sponsored agency shall be made through the Registrar. While forwarding the application, the Registrar shall record his opinion regarding the eligibility of the cooperative society for the said loan or subsidy or both, its financial position and the desirability of sanctioning to the society the said loan or subsidy or both.
(3) A co-operative society receiving Government loan or subsidy or a society in which a share or shares have been subscribed or liability by way of guarantee has been undertaken by the Government, shall furnish such information and submit s
(1) No dividend shall be declared or paid except out of net profits left after making the contribution towards reserve fund required to be made under the provisions of section 46 and sub-rule (3). In no co-operative Society, the dividend shall exceed [18%] per annum on paid-up sharecapital. Dividend shall be payable at such rate not exceeding this limit to the registered shareholder, as may be approved by the general body and not otherwise. Shareholders/members will have no right to the dividend unless declared and approved by general body. The dividend shall be paid to all members within three months of the approval by the general body. No dividend shall be paid by the cooperative society while any claim due from the co-operative society to a depositor or lender remains unsatisfied.
(2) Notwithstanding anything contained in the rules and the by-laws of the society, the Registrar m
Every co-operative society shall credit a sum calculated at two per cent of its net profits subject to a maximum of Rs. 2,500 every year for contribution to the Co-operative Education Fund to be administered by the Registrar. This fund shall be kept with State Bank of India and the Lieutenant Governor shall nominate a committee with Registrar as Chairman, with one officer from the office of the Registrar, 6 Representatives of contributing societies, two representatives of Delhi State Cooperative Union and Principal of the Cooperative Training Institute which shall advise the Registrar for the Administration of Co-operative Education Fund. Any such amount payable by the society shall be a charge on the funds of the society." 11. Subs, vide Noti. No. 66/Policy/RCS/97-98/1861 dt. 6.8.1997.
80-A. Subject to the provisions of section 47. A co-operative society may, with the sanction of
In addition to the manner specified in section 49, a cooperative society may invest or deposit its funds-
(a) with the Financing Bank;
(b) in the shares of the Reserve Bank;
(c) with the Nationalise d Commercial Bank;
(d) in any other manner permitted by the Registrar;
(e) withthe State Bank of India; and
A co-operative society may, subject to the approval of the general body and to such conditions as the general body may impose, use in its business, the reserve funds:
(i) upto one fourth of its reserve fund when the owned capital is less than the borrowed capital;
(ii) upto one half of its reserve fund when the owned capital is equal to or exceeds the borrowed capital; and
(iii) the entire reserve fund when there is no borrowed capital:
Provided that in the case of clause (i) and (ii) the balance fund shall be invested in an approved mode of investment as per the provisions of the Act, the rules and the by-laws of the society.
No co-operative society shall write off in whole or in part any debt or other sums due to it without the previous sanction of the Registrar :
11. Subs, vide Noti. No. 66/Policy/RCS/97-98/1861 dt. 6.8.1997.
[Provided that the committee of the society shall be competent to write off the bad debts from the bad debts funds created out of profits subject to the limit of ten per cent or ten thousand rupees per annum whichever is more.
(1) The audit of accounts of societies shall be conducted by departmental auditors appointed by the Registrar or by certified auditors appointed by the Registrar from time to time on such terms and conditions as he deems fit:
Provided that the Registrar shall draw the panel of departmental auditors and certified auditors in advance, at least, six months before the close of the year so that statutory audit of society is complete in time to enable the society to hold its annual general body meeting as provided under section 29 and also to file income tax returns as prescribed under the law. Where the total sales, turnover or gross receipts of a society exceeds Rs. 40,00,000/- (or figure as amended from time to time as per Income-Tax (Law) in a year, a Tax Audit under section 44 (AB) of the Income Tax Act shall also be conducted by the certified auditors for which additional fee shal
(1) A co-operative society shall pay on or before the 11. Ins. by Noti. No. 16(9)/80/Coop./Legal/88/277. Published in Delhi Gazette (Extra) Part IV, dt.9.9.1988. [31st December] of each year, an audit fee at such rates as may be fixed by the Registrar with the prior approval of the Lt. Governor.
(2) The Registrar shall have power to increase the prescribed audit fee, in special cases, for reasons to be recorded in writing. The Registrar may, at his discretion, remit either wholly or in part the audit fee payable by any society.
22. Subs, by Noti. No. F. 16(9)/80/Coop/Legal, Published in Delhi Gazette (Extra) (Part IV) dt 18.5.1989.
[(3) Audit fee shall be credited to Audit Fee Fund to be controlled by the Registrar as per provision contained in Schedule IV.J
(1) An order authorising an inspecting officer under section 54 Inquiry Officer under section 55 or inspecting officer under section 56 shall among other things constitute the following :-
(a) the name of the person authorised to conduct the inquiry or inspection;
(b) the name of the society whose affairs are to be inquired into or whose books are to be inspected;
(c) the specific point or points on which the inquiry or inspection is to be made, the period within which the inquiry or inspection is to be completed and report submitted to the Registrar.
(d) cost of inquiry;
(e) any other matter relating to the inquiry or inspection.
(2) A copy of every order aut
(1) On receipt of the report made by the auditor, or person authorised to make inspection under section 54 or enquiry under section 55 or inspection under section 56, or by the liquidator or otherwise, the Registrar or any other person authorised by him may make such further inquiries as he may deem necessary regarding the extent to which the person who has taken any part in the organisation or management of a society or any deceased past or present, officer of the society has misapplied or retained, or become liable or accountable, for any money, property of the society, or has committed misfeasance or breach of trust in relation to the society.
(2) On the completion of the further enquiries under sub-rule (1), where necessary, the Registrar or the person authorised by him shall issue a notice to the person or persons concerned furnishing him on them with particulars of the acts o
(1) Where a party to a dispute referred to in sub-section (1) of section 60 desires to have the dispute determined in accordance with the said section, the party shall apply to the Registrar in writing in Form 17 stating inter alia, (i) all the facts constituting the cause of action, (ii) names and addresses of the other parties, (iii) facts showing that the subject-matter of dispute is not barred by limitation, (iv) relief claimed in terms of money or otherwise. Each statement in the application shall have separate consecutive paragraphs serially numbered. At the end of the application there shall be made verification with the place and date of verification.
11. Subs. vide Noti. No. 66/Policy/RCS /97-98/1861 dated 6.8.1997.
(2) A party referring the dispute under sub-section (1) of section 60 to the Registrar shall pay a fee of rupees
11. Subs. by Noti. No. F. 16 (9)/80/Coop./Legal/88/227. Published in Delhi Gazette (Extra), Part IV, dt. 9.9.1988.
[(1) The arbitrator shall make a memorandum of the statements of the parties who attended and of such witnesses are examined and upon the evidence so recorded and after consideration of any documentary evidence produced by either party shall make an award in accordance with justice, equity and good conscience, he shall record his award signed and date it it within a period of three months and shall communicate it the party concerned. In case the arbitrator is unable to decide the case and make the award within three months he shall seek extension of the period in writing from the Registrar by making an application to him].
(2) The award shall contain the number of reference, the names and description of the parties and part
On an application by any party to the arbitration proceedings pending before an arbitrator, the Registrar may for reasons to be recorded in writing withdraw the reference from the arbitrator appointed and may decide the dispute himself and give an award in the manner provided in rule 89 or make fresh appointment.
(1) For the purpose of clause (c) of sub-section (1) of section 61, the Registrar may appoint any person who fulfils such qualification as may be specified by the Registrar to perform the duties of the arbitrator for dispute for a period to be specified in the order, which shall not ordinarily exceed one year but may be extended by the Registrar by further special order for further periods not exceeding one year at a time.
(2) For the purpose of sub-rule (1) of section 91, the Registrar shall appoint Arbitrators from amongst:-
(a) gazetted officers including retired, of any department under the Delhi Administration or Central or State Govt, or
(b) officers, paid staff or members of any co-operative society with at least 3 years experience having academic qualification of not less than a Degre
(1) The Registrar shall have power to require the person referring a dispute under sub-section (1) of section 60 to deposit in advance with
TABLE A
(Schedule of Fee for an Arbitration)
In respect of disputes relating to claims of money referred to under section 60.
(i) Fee payable by a party on account of arbitration is as follows : (a) in case of claim below Rs. 100 ... Rs. 25.
(b) in case of claim for Rs. 100 or above... 3% of the claim Rs. 200 and
maximum of Rs. 5000] (ii) In case of dispute of non-monetary nature... a fee of not less than Rs. 100
and not more than [Rs. 150] in each case, as may be considered
Omitted
(1) Before passing the order under section 63, the Registrar shall give an opportunity to the society to show cause against the proposed order. The show cause notice shall be sent to the President of the Society at its registered address under registered post. The service of this notice will be complete after 48 hours of the posting of the letter properly addressed and pre-paid, containing the notice. The notice shall state the grounds on which the order under section 63 is proposed to be made.
(2) After considering the reply from the society which shall be supported by the resolution of its committee, or if no reply is received by the Registrar within fifteen days of the service of the notice under sub-rule (1), he shall proceed to pass the order under section 63.
(3) The order passed under section 63 and sub-section (1) of section 66 s
(1) Where a liquidator is appointed under sub-section (1) of section 66, the Registrar may limit or restrict his powers by order appointing him or by subsequent order but, otherwise, he shall have the same powers as a liquidator is given in the Act.
(2) The Registrar may remove the liquidator at any time without assigning any reasons and may appoint another liquidator. The liquidator on his removal shall hand over all the property, documents, records, etc relating to the society under liquidation to his successor or to any person nominated by the Registrar in this respect. A charge report to be signed by the relieved and relieving officer shall be drawn and a copy of the same duly signed shall be forwarded to the Registrar.
(3) The liquidator shall be described by the style liquidator of particular society in respect of which he acts and
(1) The liquidator shall, as soon as the order of winding up of a cooperative society takes effect, publish by such means as he may think proper, a notice requiring all claims against the co-operative society, the winding up of which has been ordered to be submitted to him within one month of the publication of the notice. All liabilities recorded in the account book of a cooperative society shall be deemed ipso facto to have been duly submitted to him under this sub-rule.
(2) The liquidator may fix time within which the creditors are to prove their debts or claims. If no claim is made within two months of the date of order of winding up, the liquidator may refuse to entertain such claims.
(3) The liquidator soon after his appointment shall take charge of the books of account and other documents of the society and all its assets. There s
Subject to the provisions of rule 98 as to the preferential payments, the assets of the society shall be applied in order of priority as given below for payment of the liabilities :-
(1) Pro rata payment of all outside liabilities.
(2) Pro rata repayment of loans and deposits of members.
(3) Pro rata refund of share capital.
(4) Pro rata payment of dividend on the shares at the rate not exceeding 6¼ per cent per annum for the period of liquidation.
(1) In the winding up proceedings, there shall be paid in priority to all other debts and liabilities of the society under liquidation :-
(a) all Government dues, all revenues, taxes, ceases and rates due from the society to the Central Government or to the local authority at the relevant date and having become due and payable within two years next before that date;
(b) all wages or salary of any employee in respect of services rendered to the society and due for a period not exceeding two months within the twelve months next before the relevant date subject to maximum of Rs. 500; and
(c) the debts mentioned in the foregoing clauses (a) and (b) shall rank equally amongst themselves and be paid in full, unless the assets are insufficient to them, in which case they shall abate in equal proport
A creditor of the society under liquidation may apply to the liquidator for payment of interest on any debt due to him from the society up to the date of order of the Registrar for winding up. The rate at which the interest may be paid shall be in the case of Financing Bank, the contract rate and in any other case, the rate which may be fixed by the Registrar which shall not exceed the contract rate. Provided that if any surplus assets remain after all the liabilities including the liabilities on shares have been paid off, further interest to rate not exceeding contract rate may be allowed by the Registrar to the creditors from the date mentioned above till the date of repayment of the principal.
If any liability cannot be discharged by the liquidator owing to the whereabouts of the claimant not being known or any other cause, the amount representing such undischarged liabilities shall be deposited in the name of the Registrar with the Financing Bank and shall remain at the disposal of the creditors for a period of three years from the date of winding up order; thereafter this amount shall be treated as surplus amount which shall be utilized in the manner mentioned in rule 105. The Registrar may under special circumstances pay them liabilities claimed even after the stipulated period of three years.
(1) The liquidator shall keep such books and accounts as may be laid down by the Registrar or audit officer.
(2) The liquidator shall during the tenure of his office but not less than twice in a year prepare an account of his receipts and payments as Liquidator. A senior auditor shall be appointed by the Registrar as the audit officer who shall audit these accounts on behalf of the Registrar. When accounts are audited by the audit officer, one copy shall be kept by the audit officer and the other returned to the liquidator with his report. The liquidator shall produce for purposes of audit all vouchers and accounts and shall furnish such information as may be required by the audit officer. The liquidator shall rectify all irregularities and defects pointed out by the audit officer to his satisfaction and shall submit to him a rectification report.
&
Whenever it is considered necessary by the liquidator to defend or to institute any legal proceedings for and on behalf of the society under liquidation, he shall approach the Registrar who shall after considering all the facts and circumstances of the case, provide the services of the legal practitioner at the cost of the society under liquidation. If the Registrar or the Government has been impleaded in such proceedings the cost of defending them by the Registrar or the Government shall also be paid out of the funds of the society. If no funds are available with the liquidator, arrangements shall be made at Government expenses but the cost of such arrangements shall be ultimately recovered from the contributories and paid to the Government as preferential debt under clause (a) of sub-rule (1) of rule 98.
The liquidator shall make a report to the Registrar for purposes of taking action under section 59, where, in his opinion, any fraud has been committed by any person in the promotion, organisation, registration or management of the society under liquidation in relation to the society since its registration or any deficiency in the assets of the society has been caused by the breach of trust, or wilful negligence or by retaining any money or other property belonging to the society. This report shall be submitted to the Registrar as soon as practicable after preparation of the statement referred to in sub-rule (3) of rule 96. On receipt of this report, the Registrar shall proceed to take action under section 59.
(1) Any transfer of shares in a society under liquidation made within six months next before the relevant date except transfer of shares to the deceased members, heirs or nominee, shall be void and not binding upon the liquidator notwithstanding anything contained in the Act, rules or the by-laws of the society.
(2) Any transfer of property, movable or immovable delivery of goods, payment, execution or other acts relating to property made, taken or done by or against a co-operative society within six months next before the relevant date, which, had it been made, taken or done by or against an individual within three months before the presentation of an insolvency petition on which he is adjudged insolvent, would be deemed in his insolvency a fraudulent preference, shall in the event of the co-operative society being wound up, be deemed a fraudulent preference of its creditors and c
(1) The winding up proceedings of a society shall be closed within one year from the date of the order of the winding up, unless the period is extended by the Registrar :
Provided that the Registrar shall not grant any extension for a period exceeding six months at a time and three years in the aggregate, and shall immediately after the expiry of three years from the date of the order for winding up of the society, deem that the liquidation proceedings have been terminated if there are no central amounts due to the Government or the Financing Bank by the society and pass an order terminating the liquidation proceedings.
Explanation.-In the case of co-operative society which is under liquidation at the time of commencement of the Act, the order for winding up of the society shall be deemed for the purpose of this rule to have been passe
The surplus assets, as shown in the final report of the liquidator of a society which has been wound up, may either be divided by the Registrar, with the previous sanction of the Lt. Governor, amongst its members in such manner as may be prescribed or be devoted to any object or objects provided in the by-laws of the society, if they specify that such surplus shall be utilised for the particular purpose or may be utilised for both the purposes. Where the surplus is not so divided amongst the members and the society has no such bylaws, the surplus shall vest in the Registrar, who shall hold it in trust and shall transfer it to the reserve fund of a new society registered with a similar object, and serving more or less an area which the society to which the surplus belonged was serving if considered feasible and advisable by the Registrar :
Provided that, where no such society exist
The expression "relevant date" as appearing in this Chapter shall mean the date of order of winding up made under sub-section (1) of Section 63.
All the books and records of a co-operative society whose registration has been cancelled may be destroyed under the orders of the Registrar after the expiry of a period of three years from the date of cancellation.
The order made by the Registrar under sub-section (1) of Section 69 shall also be published in the Official Gazette.
(1) Every application under Section 70 shall be made in Form 19 and shall be signed by a person authorised by the committee of a co-operative society. It shall be accompanied by an inventory of the property to be sold containing a reasonably accurate description of the same
(2) No application under sub-rule (1) shall be entertained unless the society making the application deposits the necessary fee for expenses of sale of the property which shall be 5 per cent of the outstanding debt or demand of the society against the defaulter in respect of which the application is made irrespective of the fact whether that much amount is recovered or not by sale of the property subject to charge.
(3)On receipt of the application referred to in sub-rule(1), the Registrar or any other officer authorised by him in this behalf in writing by special or g
(1) Where any decision, award or order providing for the recovery of money is executable by the Collector under clause (a) of Section 71, it shall be executed by a Revenue Officer empowered by the Collector by general or special order to do so (hereinafter referred to as the "Recovery Officer" which shall include his successors and assigns) in accordance with the provisions of the Punjab Land Revenue Act (Act XVII of 1887), which shall include any other Act for the time being in force in the Union territory of Delhi relating to recovery of land revenue, the rules, orders or regulations issued thereunder from time to time (hereinafter referred to as the "Land Revenue Code").
(2) When any decree holder desires to have the decree executed through the Collector under clause (a) of Section 71, he shall apply to the Registrar in Form 21 for the issue of a certificate for the recovery of
(1) All amounts recovered from the judgment-debtors by the Recovery Officer shall first be deposited in the current account to be kept in his official designation in the State Bank of India which shall be operated by him. The payment to decree-holder of all amounts recovered on his behalf during the course of execution proceedings shall be made by the Recovery Officer by crossed cheque drawn on the above current account against the deposits relating to the decree-holder after deducting the recovery fee of 5 percent on the gross amount recovered, within 7 days of the receipt of amount.
(2) The Recovery Officer shall keep separate personal ledger account of each decree-holder in which all the relevant details of recoveries made with names of defaulters from whom made, payments made to decree-holder from Published in Delhi Gazette (Extre) Part VI. dt. 9.9.1988. time to time and expens
(1) All money payable under the certified award shall be paid as follows :
(a) with the Recovery Officer or with any person authorised by him against official receipt.
(b) out of the court to the decree-holder. Where any payment is made under clause (a). notice of payment shall be made by the Recovery Officer to the decree holder.
(2) Where any money payable under the Award under execution by the Recovery Officer is paid by the judgment-debtor out of court to the decree-holder or the award is, otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify payment or adjustment to the Recovery Officer and he shall record such payment or adjustment in the personal ledger account maintained by him.
(3)
The Recovery Officer executing the award may recover in addition to the decretal amount from the judgment-debtor the cost of execution as arrears of land revenue and pay such amount to the decree-holder.
Where any property to be sold in realization of any decree is situated outside the Union territory of Delhi, the decree shall be forwarded for execution in accordance with the provisions of the Revenue Recovery Act, 1890 (Act 1 of 1890) to the Collector of that District where the property of judgment-debtor/defaulter is situated.
(1) Where any decree-holder desires to have the decree executed under provisions of clause (b) of Section 71, he shall apply to the Registrar or the officer authorised by the Registrar in this behalf by a special or general order (hereinafter referred to the "Recovery Officer"), in Form 25 which shall be signed by the decree-holder. The decree-holder shall indicate whether he desires to proceed against the person of the defaulter or against his movable or immovable property or both and shall state in what way he wants the assistance of the Registrar according to the Act and rules.
(2) On receipt of the application referred to in sub-rule (1), the Recovery Officer shall call for original record and shall verify the correctness and genuineness of the particulars set forth in the application with the records.
(3) Without prejudice to the pr
Unless the decree-holder has indicated under sub-rule (4) of rule 116, the order in which the property of the defaulter shall be proceeded against, the execution shall ordinarily be taken in the following manner, namely :-
(i) movable property of the defaulter shall be first proceeded against, but nothing in this clause shall preclude the immovable property being proceeded against simultaneously in case of necessity; and
(ii) if there is no, movable property, or if the sale proceeds of the movable property, or properties attached and sold are insufficient to meet in full the demand of the decree-holder, the immovable property mortgaged to decree-holder or other immovable property belonging to the defaulter, may be proceeded against.
In the seizure and sale of movable property, the following rules shall be observed:-
(i) The Recovery Officer shall, after giving previous notice to the decree-holder, proceed to the village where the defaulter resides or the property to be distrained is situated and serve the demand........upon him in Form 27. If the demand together with the interest and all expenses is not at once paid, the Recovery Officer shall make the distress and shall immediately deliver to the defaulter a list or inventory of the property distrained and an intimation of the place, day and hour at which the distrained property will be brought to sale if the amounts due are not previously discharged. If the defaulter is absent, the Recovery Officer shall serve the demand notice on some adult male member of his family, or on his authorised agent, or when such service cannot be effected, shall affix a copy of
Where the movable property to be attached is the salary or allowance or wages of a public officer or of a servant of railway administration or local authority or a firm or a company, the Recovery Officer may order in Form 30 that the amount shall, subject to the provisions of Section 60 of the Code of Civil Procedure, 1908 (Central Act V of 1908), be withheld from such salary or allowance or wages either in one payment or by monthly instalments as the Recovery Officer may direct and upon notice of the order, the officer or other person whose duty is to disburse such salary or allowances or wages shall withhold and remit to the Recovery Officer, the requisite amount.
(1) Where the property to be attached is a decree either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made-
(a) if the decree sought to be attached was passed by the Registrar or by any person to whom a dispute was referred by the Registrar under Section 61, on the order of the Registrar on the application of the Recovery Officer;
(b) if the decree sought to be attached was passed by a court and has not been sent for execution to any other court by the issue to such court of a notice by the Recovery Officer, requesting such court to stay the execution of its decree unless and until-
(i) the Recovery Officer cancels the notice, or
(ii) the holder of the decree sought to be executed by the Regi
(1) Where the movable property to be attached is-
(a) a debt due to the defaulter in question,
(b) a share in the capital of a corporation or a deposit invested therein, or
(c) other movable property not in the possession of the defaulter except property deposited in or in the custody of any Civil Court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting-
(i) in the case of the debt, the creditor from recovering the debt and the debtors from making payment thereof,
(ii) in the case of the share or deposit, the person in whose name the share or the deposit may be standing from transferring the share or deposit or receiving any dividend or interest thereon, and
&
In the attachment and sale or sale without attachment of immovable property, the following rules shall be observed :-
(i) The application presented under rule 116 shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or numbers in record of settlement or survey, the specification of such boundaries or numbers and the specification of the defaulters share or interest in such property to the best of the belief of the decree-holder and so far as he has been able to ascertain it.
(ii) The demand notice issued by the Registrar under sub-rule (5) of rule 116 shall contain the name of the defaulter, the amount due including the expenses, if any, and the time allowed for payment and in case of nonpayment, the particulars of the p
(1) Where immovable property has been sold by the Recovery Officer, any person either owning such property or holding an interest therein by virtue of a title acquired before such sale may apply to have the sale set aside on his depositing with the Recovery Officer
(a) for payment to the purchaser, a sum equal to 2 percent of the purchase money, and
(b) for payment to the decree-holder, the amount of arrears specified in the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and the expenses of attachment, if any, and sale and other costs due in respect of such amount less any amount which may since the date of such proclamation have been received by such decree-holder.
(2) If such deposit and application are made within thirty days from
(1) At any time within thirty days from the date of the sale of immovable property, the decree-holder or any person entitled to share in a rateable distribution of the assets or where interests are effected by the sale, may apply to the Registrar to set aside the sale, on the ground of a material irregularity or mistake or fraud in publishing or conducting the sale :
Provided that no sale shall be set aside on the ground aforesaid unless the Registrar is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud.
(2) If the application is allowed, the Registrar shall set aside the sale and may direct a fresh one.
(3) On the expiration of thirty days from the date of sale if no application to have the sale set aside is made under rule 123 or
Where any lawful purchaser of immovable property is resisted and prevented by any person other than a person not being the defaulter claiming in good faith to be in possession of the property on his own account, from obtaining possession of the immovable property purchased, any court of competent jurisdiction on application and production of the certificate of sale provided for by rule 124 shall cause the proper process to be issued for the purpose of putting such purchaser in possession, in the same manner as if the immovable property purchased has been decreed to the purchaser by a decision of the court.
The Recovery Officer may sell the whole or any portion of the immovable property of a defaulter in discharge of money due provided always that so far as may be practicable, no larger section or portion of the immovable property shall be sold than may be sufficient to discharge the amount due with interest, and expenses of attachment, if any, and sale.
Where an attachment has been made under these rules, and private transfer or delivery of the property attached or of any interest therein and any payment to the defaulter of any debt, dividend or other moneys contrary to such attachment shall be void as against all claims enforceable under the attachment.
Explanation- For the purposes of this rule, claims enforceable under an attachment include claims for the rateable distribution of assets.
Every person making a payment towards any money due for the recovery of which application has been made under these rules shall be entitled to a receipt for the amount signed by the Recovery Officer or other officer empowered by the Registrar. Such receipt shall state the name of the person making the payment and the subject-matter in respect of which the payment is made.
(1) Where any claim is preferred to, or any objection is made to the attachment of any property attached under those rules on the ground that such property is not liable to such attachment, the Recovery Officer shall investigate the claim or objection and dispose of it on merits.
(2) Where the property to which the claim or objection relates, has been advertised for sale, the Recovery Officer may postpone the sale pending the investigation of the claim or objection.
Where any property had been attached in execution of a decree but by reason of the decree-holders default, the Recovery Officer is unable to proceed further with the application for execution, he shall either dismiss the application or for any sufficient reason adjourn the proceedings to a future date. Upon the dismissal of such application, the attachment shall cease.
Where assets are held by the Recovery Officer and before the receipts of such assets, demand notices in pursuance of applications for execution of decree against the same defaulter have been received from more than one decree-holder and the decree-holders have not obtained satisfaction, the assets after deducting the cost of realisation, shall be rateably distributed by the Recovery Officer among all such decree-holders in the manner provided in Section 73 of the Code of Civil Procedure, 1908 (Central Act V of 1908).
(1) Attachment of property prior to award of decree shall be made in the manner provided in the foregoing rules of this Chapter.
(2) Attachment made under sub-rule (1) shall not affect the rights existing prior to the attachment of persons not parties to the proceedings in connection with which the attachment was made, nor bar any person holding a decree against the person whose property is attached from applying for the sale of the property under attachment in execution of such decree.
(3) Where property is under attachment by virtue of the provisions of this rule and a decree is subsequently passed against the person whose property is attached, it shall not be necessary to file an application for execution of such decree and to apply for re-attachment of the property.
Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgement-debtor of any debt dividend or other moneys contrary to such attachment, shall be void as against all claims enforceable under the attachment.
Explanation : For the purposes of this rule, claims enforceable under an attachment include claims for the rateable distribution of assets.
(1) A judgment-debtor may be arrested in execution of a decree at any hour and on any day, and shall as soon as practicable, be brought before the Recovery Officer and his detention may be in the civil prison or in the Central Jail :
Provided firstly, that for the propose of making an arrest under this rule, no dwelling house shall be entered after sunset and before sunrise :
Provided secondly, that no outer door of a dwelling house shall be broken open unless such dwelling house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the officer authorised to make the arrest has duly gained access to any dwelling house, he may break open the door of any room in which he has reason to believe the judgment-debtor is to be found :
Provided thi
Notwithstanding anything in this part, the Recovery Officer shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.
(1) Every person detained in the civil prison in execution of a decree shall be so detained :
(a) where the decree is for the payment of a sum of money exceeding fifty rupees, for a period of six months, and
(b) in any other case, for a period of six weeks, provided that he shall be released from such detention before the expiration of the said period of six months or six weeks, as the case may be.
(i) on the amount mentioned in the warrant for his detention being paid to the Recovery Officer;
(ii) on the decree against him being otherwise fully satisfied;
(iii) on the request of the person, on whose application he has been so detained and if the Recovery Officer is fully satisfied that the decree was s
The provisions of rules 116 to 136 shall apply in regard to the recovery of any sum due to the Government from a society or from an officer, former officer, member or past or deceased member of a society in pursuance of a demand issued by the Registrar or by any authority competent to issue such demand including any costs awarded to the Government in proceedings under the Act as if the Government were a decree-holder and the society or officer, former officer, member or past or deceased member of a society, as the case may be, was a defaulter, subject to the following modifications, namely :-
(1) The Registrar may, of his own motion, take any steps which he may deem suitable in the matter of such recovery in accordance with the provisions of those rules and without any application having been made to him in that behalf under those rules.
&nbs
The Recovery Officer shall not go behind the decree or the certificate issued by the Registrar pursuant of proviso to clause (a) of Section 71. He shall not alter it nor shall entertain any objection as to validity or legality or correctness of the decree or the certificate under execution :
Provided that a decree passed against a person who was dead at the time of passing the decree without bringing his legal representative on the record shall not be executed :
Provided further that where terms of a decree are ambiguous, it will be competent for the Recovery Officer to ascertain its precise terms first before issuing any process for execution.
(1) All questions arising between the parties to the arbitration proceedings in which award was made or amount certified to be recovered as arrears of land revenue, and relating to execution, discharge, or satisfaction of the decision, award or order under execution shall be determined by the Recovery Officer, executing the decree, award, decision or order.
(2) Where a question arises as to whether a person is, or is not the legal representative of a party, such question shall be decided by the Recovery Officer for purposes of execution, discharge or satisfaction of the decree, award, decision or order under execution.
(1) A decree-holder will have the right to execute his decree in order to realise the fruits of his litigation and for that purpose he may make any number of applications in succession. The Recovery Officer shall not refuse execution unless this application is barred by article 136 of the Indian Limitation Act, 1963 (Act No. 36 of 1963).
(2) Notwithstanding anything contained in the by-laws or these rules, if in the opinion of the Registrar any co-operative society is reluctant to take or does not take execution against judgment-debtor due to false sympathy or otherwise, the Registrar may, by an order in writing authorise any officer of the Financing Bank to call and to send the award or orders obtained by the co-operative society for execution. The financing bank thereupon shall take action for the execution of such decree as if it is a decree-holder itself.
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(1) The liquidator shall take necessary action to get the decree in favour of a co-operative society in respect of which he has been appointed the liquidator, executed, in accordance with the provisions of this Chapter.
(2) Any order issued by the liquidator against any contributory shall be executed in the manner prescribed in rules 111 to 115 provided that he shall not be required to deposit the execution charges alongwith the application for execution.
A decree-holder applying to execute a decree shall give the Registrar and Recovery Officer such information and aid as may reasonably be required.
A tribunal constituted by the Lt. Governor, under sub-section (1) of Section 78 shall be called the Delhi Co-operative Tribunal whether it consists of one or more members (hereinafter referred to as the "Tribunal").
(1) Where the Tribunal consists of only one member, he shall be designated as "Presiding Officer of the Tribunal" and where the Tribunal consists of more than one member, one of them shall be designated as President and others as members of the Tribunal.
(2) The Presiding Officer or the President of the Tribunal shall be a person who has been a judge of any High Court, or a retired Distt. Judge or a person who has for not less than 10 years been an advocate or a pleader, or who has held the office of the Registrar, Joint Registrar or Deputy Registrar for not less than continuous period of three years at a time, or has not less than five years judicial experience at his credit. Provided that the Lt. Governor shall be competent to relax the qualifications in case of any person otherwise qualified in his opinion which shall not be called in question in any Civil or Revenue Court.
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(1) The Presiding Officer or the President of the Tribunal shall ordinarily hold office for a period of not less than two years and not more than five years as the Lt. Governor may specify by notification in the Official Gazette. If no such term is specified, he shall hold office for a period of two years from the date of his appointment.
(2) The other members of the Tribunal shall hold office for a period of one year. They will be eligible for re-appointment.
(3) The Presiding Officer, President and any other member of the Tribunal, may resign his office at any time.
(4) The Lt. Governor may also terminate the appointment of the Presiding Officer, President or any other member of the Tribunal at any time without assigning any reason, or giving any notice, if in the opinion of the Lieutenant G
The Presiding Officer, the President or other member of the Tribunal may with the previous permission of the Lt. Governor hold any other office, appointment or employment of evocation or carry on any profession or business, provided that holding of such office, employment evocation or carry on such profession or business is not inconsistent with his position on the Tribunal.
The proceedings of the Tribunal shall be governed as far as practicable by the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908).
The place of the Headquarter and the time of sitting of the Tribunal shall be notified by the Registrar in the Official Gazette.
Where the Tribunal consists of more than one member, the decision of the majority shall prevail. Where the members are equally divided, the decision of the President shall be the decision of the Tribunal in that case.
(1) An appeal under sub-section (2) of Section 76 or an application for revision under sub-section (6) of Section 78 and Section 80 shall be either presented in person or sent by registered post to the appellate or revising authority.
(2) The appeal or the application for revision shall be in the form of a memorandum and shall be accompanied by the original or certified copy of the order appealed from or sought to be revised.
(3) Every appeal or application for revision shall-
(a) specify the name and address of the appellant or applicant and also the name and address of the respondents, as the case may be;
(b) state by whom the order appealed from or sought to be revised was made;
(c) set forth concisel
(1) Every application under sub-section (1) of Section 79 shall be in the form of a memorandum setting forth concisely and under distinct heads the new and important facts which, after the exercise of due diligence, were not then within the knowledge of the applicant or could not be produced by him when the order was made or mistakes or errors apparent on the face of the record of other reasons on the basis of which review is sought. It shall be accompanied by a memorandum of evidence.
(2) The application shall be accompanied by the original or a certified copy of the order to which the application relates.
(3) No application for review shall be entertained unless it is accompanied by such additional number of copies as there are parties to the original order.
(4) The application shall, so far
The forms of various processes to be issued by any authority in exercise of its powers under sub-section (1) of Section 94 shall be those given in Schedule V and may be modified or altered by such authority according to exigency.
(1) The following documents shall be treated as public documents :-
(a)The Registration Register.
(b) The Registration certificate of a society,
(c) The registered by-laws of the society including registered amendments.
(d) Any order cancelling the registration of the society.
(e) Annual accounts of the society as audited by the Registrar.
(f) Any decision of the Registrar or award of the Arbitrator.
(2) Without prejudice to the provisions of Sections 123,124,128 and 131 of the Indian Evidence Act, 1872, all the public documents shall be open to inspection by any member of the public on payment of a fee of Rs. 1 for
(1) Notwithstanding anything contained in these rules, the procedure laid down in this rule shall apply to a society in which either shares have been subscribed by the Government or liability by way of guarantee for borrowing exceeding fifty per cent of the working capital of the society has been undertaken by the Government :
Provided that it shall not be incumbent upon such a society to follow the procedure laid down in clauses (i) and (ii) if its working capital does not exceed Rs. 1,00,000 or it does not have another cooperative society as its member.
(2)
(i) Notice of all general body meetings shall be given to the Registrar. The Registrar may, of his own motion or on a reference made to him, declare the proceedings of the general meetings as invalid, if he is satisfied that the meeting
The Lieutenant Governor may, by general or special order, exempt any society or any class of societies from any of the provisions of these rules or may direct that such provisions shall apply to such society or class of societies with such modifications and/or conditions as may be specified in the order.
(1) The Financing Bank shall render free of charge such banking services to the Registrar as he may require to carry out the purposes of the Act and the rules.
(2) Without prejudice to the generality of the foregoing sub-rule (1), the Financing Bank shall render the following banking services to the Registrar, namely :-
(a) maintenance of "Audit Fee Recovery Fund" in which all receipts and payments on account of audit fee leviable under the rules shall be booked;
(b) maintenance of "Settlement and Execution Expenses Fee Fund" in which all receipts relating to the fees leviable under the rules for settlement of disputes and execution of decrees, and payment from the Fund shall be recorded;
(c) current account to be opened in the name of societies un
If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Lt. Governor or such other officer as may be specified by the Lt. Governor by a general or special order in this behalf, and the Lt. Governor or such other officer shall decide the same.
The Delhi-Cooperative Societies Rules, 1950 are hereby repealed.
Provided that any action taken, order issued, by-laws made under the provisions of the rules hereby repealed shall, in so far as it is not inconsistent with the provisions of these rules, be deemed to have been taken, issued or made under the provisions of these rules.
FORM
[See sub-rule (1) or rule 6]
Form No. 1
[See sub-rule (1) or rule 6]
Application for registration of a co-operative society.
Application for registration of a co-operative society.
Application No. . Place
To
Date
(Designation of Registrar and other Officer Exercising the powers of the Registrar).
We, the undersigned, submit herewith a proposal for the registration of the Co-operative Society, the particulars of which are given below alon
Form
[See sub-rule (5) of rule 6 ]
Form No. 2
[See sub-rule (5) of rule 6 ]
Register of applications for registration received in the office of the Registrar/Additional/Joint/Deputy/Assistant Registrar
S.No.
Name of the proposed society
Place, Village and Distt.
Date of Receipt
Date of Acknowle- Dgement
How received by post/hand delivery
No. and date on which additional in-formation is called.
&
Form
[See sub-rule (3) of rule 7]
Form No. 3
[See sub-rule (3) of rule 7]
Office of the Registrar Co-operative Societies, Delhi Administration,
Delhi.
In the matter of application for registration of a Co-operative Society under the Delhi Co-operative Societies Act, 1972.
Certificate
I do hereby certify that pursuant to the Delhi Co-operative Societies Act, 1972 (Act No. 35 of 1972), a society by the name and type, of------------------- Society Ltd., with registered address-----------------------------------District- ......-...............-......................in the Unio
Form
[See sub-rule (1) of Rule 8]
Form No. 4
[See sub-rule (1) of Rule 8]
Register of Co-operative Societies registered or deemed to be registered under the Act.
Part. . District.
Registered Sr. No.
Full Name & Address of the Society
Area of operation
Date of registration
Application No.
Class of societies as per rules
Sub-Classes.
1. 2. 3. 4.
Form
[See sub-rule (4) of rule 8]
Form No. 5
[See sub-rule (4) of rule 8]
Statement showing the particulars of the Co-operative Societies deemed to have been registered under the Delhi Co-operative Societies Act, 1972 (Act No. 35 of 1972)
S. No.
Existing registration No.
Date of registration
Name and address of registration
Classification under the rules
Objects
1. 2. 3. 4. 5. 6.
&nb
(See rule 10)
To,
The Special Secretary (Co-operation),
Delhi Administration, Delhi,
Sub : Registration proposal No.------------report regarding ------------------
Sir,
I received a proposal for registration of a Co-operative Society by the
name and style of---------------Co-operative Society Ltd.,---------------------
on which was registered in my office at S. No. -----------of the register of
applications. It may not be possible to dispose of this proposal within a period of three months as laid down in sub-section (3) of
FORM
[See sub-rule (2) of rule 16]
[Form No. 7]
[See sub-rule (2) of rule 16]
By Registered Post A. D. Notice under rule 16(2)
To,
The Chairman,
...................-..........Co-operative Society
Sir,
It appears to me that an amendment/amendment of the by-laws of your society as indicated in the attached statement is/are desirable in the interest of your society.
I am to request you to consider this/these amendment/amendments in the interest of the society and to call upon you by th
Form
[See sub-rule (4) of rule 20]
Form No. 8
[See sub-rule (4) of rule 20]
Notice to members, creditors and other person whose interest will be affected by the amalgamation/transfer of assets and liabilities / conversion/ division.
Notice is hereby given as required by sub-section (4) of Section 15 of the
Delhi Co-operative Societies Act, 1972 by the ..................Society
registered under No. --------------dated-------------and having its registered
office at--------------------------to all members/creditors/persons interested
&n
Form
[See sub-rule (2) of rule 22]
Form No. 9
[See sub-rule (2) of rule 22]
Application for reconstruction of society
To,
The Registrar of Co-operative Societies,
-----------------------------------------
In the special general meeting of ------------------------------------society at---------------------------------------called for the purpose of reconstruction of the society, the society has approved a compromise/arrangement with its creditors and/or members on the following lines :
(1) By reducing the claims of creditors.
[See rule 37]
Form No. 10
[See rule 37]
List of members of ------------------------------Co-operative Societies Ltd.
Address ..........................-.................
S.No. Membership No. Name in full Fathers Husbands Name Address Name of the nominee, if any. 1. 2. 3. 4. 5. 6.
Form
(See Rule No. 46)
Form No. 11
(See Rule No. 46)
Name of the Co-operative Society;
Address:
Registration No. :
Receipt and Expenditure Account for the year ending the 30th June, 20------
(From 1.7.20 --------to 30.6.20------)
Receipts Expenditure Rs. P. Rs. P. 1. Share receipts 1. Share Capital withdrawn 2. Loans and deposits by members 2. Members deposits withdrawn 3. Loans and deposits from non-members 3. Loans repaid to Government 4. Loans and deposits from primary societies. 4. Loans repaid to Central societ
Form
[See Rule 46]
Form No. 12
[See Rule 46]
Name of the Society..........................................
Address.............................................................
Registration No.................................................
PROFIT AND LOSS ACCOUNT For the year ending the 30th June, 20..
Last Years figures Rs. P. Expenditure This Years figures Rs. P. Last Years figures Rs. P. Income This Years Rs. P. 1. 2. 3. 4. 5. 6.
1. Interest 1. Interest received
Form
[See rule 46]
Form No. 13
[See rule 46]
Balance Sheet of.....................................Co-operative Society Ltd.
as on 30th June, 20....
Instructions in accordance with which liabilities should be made.
LiabilitiesFigures for the Figures for the Previous Year Current Year
AssetsFigures for Figures for the the Previous Current Year Year
Instructions inaccordance with which assets should be made out.
1 2 3 4
&nb
Form
[See sub-rule (1) of Rule 67]
Form No. 14
[See sub-rule (1) of Rule 67]
Form of Declaration
I--------------------------------(age -----------------) s/o, D/o, W/o--------
...................................residing at----------------having been admitted
to the membership of ......................................................-......
Co-operative Society Ltd., with unlimited liability.
(1) Being desirous of borrowing loan from the said society.
&n
Form
[See sub-rule (2) of rule 67]
Form No. 15
[See sub-rule (2) of rule 67]
Register of Declaration under Section 37 of the Delhi Co-operative Societies
Act, 1972 (Act No. 35 of 1972)
Sr. No. Date of entry in the register. Name of the Member. Date of declaration Name of Village in which land situated. 1. 2. 3. 4. 5.
Description of land
KhasraNo. Area Kind of land Share inland Extent Remarks Amount of loan supplied borrowed Remarks, if any Signatu: res of Chair-man/Officer 6(i) 6(ii) 6(iii) 6(iv) 6(v) 6(vi) 7. 8. 9.
Form
[See sub-rule (6) of Rule 86]
Form No. 16.
[See sub-rule (6) of Rule 86]
Rectification Report on the Audit/Enquiry Report.
Name and address of society.........................................................
Period of audit covered---------------------------Date of audit-------------------
No. and date of communication of audit report/ remarks.....-......................................
Sr. No. of objection in enquiry Report. Observation made by the Auditor Enquiry Officer. Explanation of the Society. No. and date of the resolution of Committee approving the reply.
Form
[See sub-rule (1) of Rule 88]
Form No. 17
[See sub-rule (1) of Rule 88]
Before Shri ............................................Joint/Deputy/Asstt.
Registrar Co-operative Societies, Delhi Administration, Delhi.
Arbitration Case No.---------20.
In the matter of reference of dispute under Section 60 of the Delhi Co-operative
Societies Act, 1972 (Act No. 35 of 1972)
1.
2.
3.
Versus Claimant.
Form
[See sub-rule (3) of Rule 88]
Form No. 18
[See sub-rule (3) of Rule 88]
Arbitration Cases Register
S. No. of the case Date of institution of the case Name(s) of claimant Name(s) of defendants Nature of claim in brief Date of Registrars Orders. 1. 2. 3. 4. 5. 6. Brief decision of Registrar Sign, of Asstt. Registrar If admitted, date of reference to Arbitrator Name of Arbitrator Date of decision by Arbitrator 7. 8. 9. 10. 11. Date of application for issue of certificate for execution Date on which certificate under Section 71 issued Asstt. Registrars Signature 12. 13. 14.
Form
[See sub-rule (1) of rule 10]
Form No. 19
[See sub-rule (1) of rule 10]
To,
The Registrar,
Co-operative Societies,
Delhi Administration, Delhi.
Application under Section 70 of the Delhi Co-operative Societies Act, 1972.
Case No.-------
Claimant Society
Versus
Defaulter.
I, having been authorised by the Managing Committee of-----------------
Form
[See sub-rule (3) of rule 110]
Form No. 20
[See sub-rule (3) of rule 110]
NOTICE
In the matter of sale of property of the judgment-debtor under Section 70 of the Delhi Cooperative Societies Act, 1972.
Case No.-------20-----
Claimant Society
Versus
Defaulter
Demand for the recovery of a sum of Rs.----------------------------
Whereas the claimant society has applied to the Registrar for the sale of the property described in the annex
Form
[See sub-rule (2) of rule 111]
Form No. 21
[See sub-rule (2) of rule 111]
Application for the issue of Certificate under proviso to clause (a) of Section 71 of the Delhi Co-operative Societies Act, 1972.
In the matter of Arbitration Case No.
Claimant Society
Versus
Defaulter
To,
The Registrar,
Co-operative Societies,
Delhi Administration, Delhi.
&nbs
Form
[See sub-rule (3) of Rule 111]
Form No. 22
[See sub-rule (3) of Rule 111]
In the matter of Arbitration Case No..
Decree-holder (s)
Versus
. Judgment-debtor (s)
Certificate
I hereby certify pursuant to proviso to clause (a) of Section 71 of the Delhi
Co-operative Societies Act, 1972 that a sum of R sprincipal
Form
[See sub-rule (4) of rule 111]
Form No. 23
[See sub-rule (4) of rule 111]
In the court of Recovery Officer, Co-operative Societies, Delhi.
Details of award
(1) Arbitration Case No.
(2) Date of award.
(3) Whether any appeal preferred against the award.
(4) Payment or adjustment already made, if any, against the decretal amount.
(5) Amount of award with other monetary reliefs granted in the award.
Principal R s. Interest up to . R s.
Form
[See sub-rule (3) of rule 113]
Form No. 24
[See sub-rule (3) of rule 113]
(Notice to show-cause why a payment or adjustment should not be recorded).
Recovery Case No.
.. Decree-holder
.. Versus
Judgment holder
Whereas the execution of the award in the above named case, the
judgment-debtor has applied to the Recov
Form
[See sub-rule (1) of rule 116Z]
Form No. 25
[See sub-rule (1) of rule 116 Z]
Application of execution under clause (b) of Section 71 of the Delhi
Cooperative Societies Act, 1972 (Act 35 of 1972).
To,
The Registrar,
Co-operative Societies,
Delhi Administration,
Delhi.
In the matter of case No
1..
2
Form
[See sub-rule (4) of rule 116]
Form No. 26
[See sub-rule (4) of rule 116]
In the matter of execution proceedings under clause (b) of Section 71 of the Delhi Co-operative Societies Act, 1972 (Act No 35 of 1972)
(1) Decree-holder.
Versus
(2) Judgment-debtor.
Demand Notice
Whereas the decree-holder applied to the Registrar, under clause (b
Form
[See clause (1) of rule 118]
Form No. 27
[See clause (1) of rule 118]
Before Shri.Recovery Officer, office of the Registrar,
Cooperative Societies, Delhi.
Execution Case No
Decree-holder
Versus
Judgment-debtor.
Warrant of attachment of movable property in execution of the decree. To,
The Bailiff,
Whereas the judgment debtor above named was ordered by decree dated
Form
[See clause (IV) of Rule 118]
Form No. 28
[See clause (IV) of Rule 118]
Form of Bond with sureties for the production of the property at the place of sale in execution of decree.
Decree-holder
Versus
Judgment-debtor
Execution Case No.
Know all men by these presents, that we (1) S/o. .resident of .(Judgment-debtor)
(2)....................S/o...................................Resident of .(Surety No. 1) and (3). ..S/o. .Resident of. (Surety No. 2) are jointly and severally bou
Form
[See clause (XI) of Rule 118]
Form No. 29.
[See clause (XI) of Rule 118]
Execution Case No..
Decree-holder
Versus
Judgment-debtor
Proclamation for sale
Notice is hereby given under clause (XI) of Rule 118 of the Delhi
Co-operative Societies Rules, 1973 that an order has been passed by the Recovery Officer for the sale of the attached property mentioned in the annexed Schedule in satisfaction of the claim of the decree-holder in Arbitration Case
Form
[See rule 119]
Form No. 30
[See rule 119]
Order to attach Salary of Public Officer or Servant of Railway or Local Authority.
Execution Case No.
Decree-holder
Versus
Judgment-debtor
To,
Where as...(Judgment-debtor) is a (Office of the
Judgment-debtor) receiving his salary and allowances at your hand or on your
account and whereas. ..decree-holder in the said case has applied to
&
SCHEDULE (Rule 47) SCHEDULE I
(Rule 47)
Reservation and Destruction of Account Books and Registers
"TO BE RETAINED PERMANENTLY"
1. Cash Book.
2. General Ledger.
3. Loan Ledger.
(a) Short-term Loan
(b) Long-term loan
4. Ledger of shares or share registers.
5. Ledger for fixed deposits.
6. Ledger for saving deposit.
7. Ledger for provident deposits.
8.
SCHEDULE[Rule-58 (1)] SCHEDULE II
[Rule-58 (1)]
MODE OF ELECTION OF MEMBERS OF COMMITTEE OF IMPORTANT AND APEX CO-OPERATIVE SOCIETIES
(1) The Committee in office shall meet forty five days in advance of the date of expiration of its term and by resolution determine, the date, time and place for convening a general body meeting for the conduct of election of its successor committee.
It shall immediately send a copy of such resolution to the Registrar by registered post. The elections shall be held at a general meeting of the Society convened after giving a notice of not less than fourteen days to the members.
On the day fixed for holding the general meeting for election of members of the committee, the Pr
MODE OF ELECTION OF MEMBER OF COMMITTEE OF ALL SOCIETIES OTHER THAN REFERRED TO IN RULE 58(1)
(1) The election shall be held at a general meeting of the Society convened for the purpose of which notice not less than fourteen clear days shall be given to the members. The notice of the general meeting shall be sent to the members by any of the modes specified in the rules and shall contain information regarding:
(i) the number of vacancies to be filled by election, (ii) the area of the constituency, if any, from which members of the
committee are to be elected, and
(iii) the date on which, the place and the hours at which elections will take place.
(2) Notwithstanding anything in these rules, the President
SCHEDULE IV
Regulations regarding the Recovery and Deposits of Fees of Various for the services to be rendered by the Registrar to the Co-operative Societies and their members
1. Short title and application.
(1) These regulations may be called the Fees Recovery and Deposit
Regulations, 1973.
(2) These regulations shall apply to all the Co-operative Societies
registered or deemed to be registered under the Delhi Co-operative
Societies Act, 1972 (Act No. 35 of 1972) and the members, past members,
heirs, legal representatives, nominees of the deceased members, agents
=\"2\" HEIGHT=\"13\">\
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SCHEDULERule 68(2)
DELHI CO-OPERATIVE SOCIETIES RULES, 1982
SCHEDULE VI
Rule 68(2)
The following shall be criteria for determining classification of societies
which shall be made after each audit by the Auditor.
THRIFT AND CREDIT CO-OPERATIVE SOCIETIES
A Class :
1. Defaulters are not more than 10% including the cases of renewal of
loans.
2. Contribution to Compulsory Deposit is regular to the extent of 90% of
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SCHEDULE[See Clause (d) of sub-rule (1) of rule 6] [SCHEDULE VII]
[See Clause (d) of sub-rule (1) of rule 6] VIABILITY NORMS
s. no.
Class/Type of the Society
Membership Nos.
Share Capital (R s.)
Area of Operation
Remarks
1.
Urban Bank
3000
60,00,000.00
N.CT.D
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