DELHI CO-OPERATIVE SOCIETIES RULES, 2007
(1) These rules may be called the Delhi Co-operative Societies Rules, 2007.
(2) These rules shall come into force with effect from the date of their notification on the official Gazettes.
(1) In these rules, unless the context otherwise requires-
(a) "Act" means the Delhi Co-operative Societies Act 2003 (Delhi Act 3 of 2004);
(b) "borrowed capital" means the total loans, deposits and other borrowings of a cooperative society including the debentures subscribed and paid up;
(c) "decree" means any decree of a civil court and includes any decision, award or order referred to in section 105 of the Act;
(d) "Decree-holder" means any person in whose favour a decree has been passed;
(e) "Defaulter" means any co-operative society, member or other person committing default in payment of loan installment, land money, construction money or annual subscription payable as provided in the byelaws of co-
(1) Persons appointed to assist the Registrar under section 3 may be designated as the Additional Registrar, Joint Registrar, Deputy Registrar or Assistant Registrar.
(2) The Registrar may appoint other field and ministerial staff to enable him or other officers to whom powers of the Registrar have been conferred to carry on the functions efficiently and for the promotion of the co-operative movement.
(3) The Registrar may delegate by general or special order any of the functions and powers of the Registrar under the Act and Rules to any officer appointed by Government in clause (1).
(1) Subject to the provisions of sub-section (1) of section 4, a co-operative society having the object of facilitating the operation of any one 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 co-operative society" means a co-operative society having the objective of obtaining for its members, the credit, goods or services required by them, such as:-
(i) Urban Thrift and 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, the objects specified in sub clau
(1) Every application for registration of a co-operative society under sub section (1) of section 7, of the act shall be made in Form - 1 in (Hindi or English) and shall subject to the provisions of sub-rule (2) and sub-rule (3), be duly signed by twenty promoter members and shall be accompanied by:-
(a) The name of a co-operative society mentioned in the application form should not contain any text showing discrimination on basis of gender, social, inequality, racial, political ideology and religious consideration;
(b) Four copies of the proposed bye-laws of the co-operative society duly signed by each of the promoter members;
(c) List of promoter members along with their names, address, profession, monthly income, proof of residence including Voter Identity Card / Passport/Driving License du
(1) On receipt of the application under rule 5 and before disposal of such application under section 9, the Registrar may call for such further information from the applicants or make such independent enquiries as he may deem fit.
(2) Subject to provision of section 9 of the Act, the Registrar may give, whenever necessary, the reasonable time not exceeding one month to the promoter members to modify the proposed bye-laws before finally registering the co-operative society.
(3) On registering a co-operative society and its bye-laws under sub-section (1) of section 9, of the Act the Registrar shall, grant to such co-operative society, a certificate of registration in Form - 3 signed by him and bearing his official seal and containing the registration number of such co-operative society, and the date of its registration.
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(1) The Registrar shall maintain a register in Form -4 year wise in respect of co-operative societies registered or deemed to be registered under the Act in accordance with the classification made under section 21 of the Act, which shall be in the manual or electronic form or in both
(2) The Registrar shall assign for each class or sub-class of co-operative society, a code symbol, for giving registration number to the co-operative society and the co-operative society shall be registered from the date specified in the certificate of registration.
(3) All the co-operative societies on the date of commencement of these rules shall be deemed to be registered under the Act, and shall first be entered in the register in Form-5 under distinct code symbol assigned to a class of co-operative society to which the existing co-operative society belo
Every co-operative society shall commence its business within one hundred eighty days from the date of its registration.
Without prejudice to the generality of the power under sub-section (2) of section 9 of the Act, the Registrar may refuse to register a co-operative society on any one of the following grounds:-
(1) The name of the proposed co-operative society is identified with or which nearly resembles the name of an already registered co-operative society or the name is in contravention of any law for the time being in force;
(2) In the opinion of the Registrar, the name of the proposed co-operative society, is likely to deceive or mislead the members of the public as to its nature or identity;
(3) In the opinion of the Registrar, the aims and objects of the co-operative society are similar to those of a co-operative society already functioning in that particular area satisfactorily and other co-operative s
After the registration of a co-operative society, the bye-laws as approved and registered by the Registrar under sub-rule(4) of rule 6, shall be the first bye-laws of such cooperative society.
The Registrar shall make model bye-laws of each class or sub-class of a co-operative society which may be adopted with or without changes, if any by the promoter members of a proposed co-operative society.
(1) Subject to the provisions of these rules, the bye-laws of a cooperative society may be amended by a resolution passed in the general body meeting of such cooperative society.
(2) The co-operative society shall give due notice to its members for calling General Body Meeting in accordance with its bye laws 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 general body meeting by not less than two-thirds of the members present there at.
(4) After the resolution is passed, a copy thereof shall, within a period of thirty days from the date of such meeting, be furnished to the Registrar along with the following documents :-
(a) a copy of the relevant bye-laws
Where an application for registration of an amendment in the bye-laws of a cooperative society is rejected by the Registrar under sub-section (4) of section 12, 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 three office bearers of the society authorized in this behalf by the committee. A copy of the resolution of the committee shall be attached along with the memorandum of appeal.
Each co-operative society shall keep at its registered office a registration file, containing:-
(a) registered bye-laws;
(b) an index of amendment of bye-laws;
(c) all registered amendments of bye-laws duly entered in the index alongwith certificates of registration of amendments;
(d) certificate of registration;
(e) membership register;
(f) register of minutes of annual general meeting and committee;
(g) all audit reports;
(h) latest list of defaulters;
(i) constitution of elected managing committee;
(1) The name of a co-operative society may be changed in accordance with the provisions of section 14 of the Act and these rules.
(2) Every change in the name of a co-operative society shall be made by amendment of its bye-laws and shall be published by the co-operative society in two National newspapers both in Hindi and English within fifteen days of the change in name of the society.
(3) After the change in the name is approved by the Registrar, the co-operative society shall send the original registration certificate for amendment to the Registrar, who shall return the same to the co-operative society after making the amendments therein.
(1) The change of form and extent of liability of a co-operative society or in terms of multiple of share capital, shall be secured by passing a resolution in that behalf at a general body meeting of the co-operative society indicating in clear terms the manner of changing the liability. The co-operative society shall give thirty days notice in writing of such meeting to all its members and creditors and shall 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 ninety days.
(2) Every notice to be given by the co-operative society under sub-section (2) of section 15 of the Act shall be sent by post under certificate of posting or other wise to the address of each of its members and creditors as recorded in the book of the co-operative society. A copy of suc
(1) Every co-operative society desiring to effect amalgamation, transfer of assets and liabilities and division shall make an application to the Registrar in that behalf giving full details about such amalgamation, transfer or division, as the case may be.
(2) On receipt of the application referred to in sub-rule (1) of this rule, the Registrar may invite objections 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 cooperative society and may call for such further information or particulars from the cooperative 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 referred to
(1) Before issuing any order under sub-section (1) of section 17 of the Act providing for the amalgamation, division or re-organization of any co-operative society or societies as the case may be, the Registrar shall prepare a draft scheme in respect of such amalgamation, division or re-organization 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 re-organization shall be constituted and the bye laws for such co-operative society or societies. The Registrar shall send a copy of the draft of the order proposed to be issued by him under sub-section (1) of section 17 of Act to the co-operative society or each of the co-operative societies concerned calling upon it or members thereof or from any creditor or class of creditors to submit such objections or suggestion within a period of not less than two months from the
(1) No person shall be admitted as member of a co-operative society unless-(i) he is a citizen of India;
(ii) he has applied in writing in the form specified by the co-operative society for membership along with a declaration on oath that he is not a member of any other co-operative society having similar objects;
(iii) 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 meeting, may, in pursuance of the powers conferred on it in that behalf from time to time, pass, and in the case of nominal, associate, or sympathizer member by an officer of the society authorized in that behalf by the committee;
(iv) he has fulfilled all other conditions laid down in the Act, thes
(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, or
(c) In the case of membership of a co-operative housing society,
(i) owns a residential house or a plot of land for construction of 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 name of his spouse or any of dependent children, on lease hold or
The following shall be the terms and conditions on which persons referred to in clause (e) of subject section(1) of section 22 may be admitted as a member of a co-operative society:-
(1) The number of such persons admitted to the membership of a co-operative society shall not exceed five percent of its total membership at any time and who shall be in addition to the freeze strength of a society;
(2) The working place and business or residence of such persons shall be within the area of operation of the co-operative society;
(3) Such persons shall purchase at least ten shares in the capital of the co-operative society;
(4) The aims and object of such persons are not contrary to those of the co-operative society;
(1). A co-operative society may admit joint member provided the proposed joint member make a declaration in writing that the person whose name stands first in the share certificate shall have the right to vote and all other rights shall be enjoyed jointly and severally and liabilities shall be borne jointly and severally by them as provided under the Act, the rules and the bye-laws:
Provided that in case of inability of the person whose name stands first in share certificate, he/she can authorize the other to vote and attend the meeting on his behalf.
Provided further that in case of co-operative group housing/house building society, the joint membership shall be restricted to only person in first degree blood relationship.
(2). In accordance with the procedure laid down in the bye-laws and th
(1) No individual or primary co-operative society shall become member of another primary co-operative society or two Federal/ Central/ Apex Society/ Financing Bank of the same class. If an individual or primary cooperative society has become a member of two Apex/ Federal/ Central/ /Financing Bank, his membership of the society lastly enrolled, shall stands ceased. However, the individual or primary co-operative society shall have a right to appeal to the Registrar against the order of the cooperative 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:
Provided that the membership of the Apex/ Federal / Central/ Financing Bank shall be restricted to the primary societies of the same category for which the such Federation has been registered.
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No co-operative society shall admit members within thirty days prior to the date 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 number 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 the committee
(1) (2) (3) (4) (5)
Provided that in case of housing societies, details regarding category of flat applied for and details of nomination including relation with applicant shall also entered in the register.
(2) A cooperative society shall dispose off an application received for admission as member as early as possible but in no case later than forty five days
(1) Subject to the provisions of the Act, these rules and the bye-laws of a co-operative society, a member may withdraw his membership by submitting a resignation in writing to the society and the committee shall dispose off his resignation within forty five days after receipt of the resignation.
(2) No resignation of a member shall be accepted by the co-operative society unless the member has paid in full his dues, if any, to the co-operative society and has also cleared his liability, if any, as surety to any other member.
In case of co-operative housing societies committee shall endorse a copy of resolution under sub-rule (2) within twenty one days to the Registrar.
(3) Any member, whose resignation has been accepted by the co-operative housing society, or any heir or legal representative o
(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 co-operative society to be paid to him or his nominee, heir, or legal representative, as the case may be, shall be the amount arrived at by a valuation based on the financial position of the cooperative 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 cooperative society in respect of such share or interest.
(2) Where a person is allotted a share by a co-operative society, the payment required to be made, therefore, shall not exceed the face value of the share notwithstanding anything contained in the bye-laws of the cooperative society.
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Every co-operative society shall maintain a register of members containing:-
(a) the name, address and occupation of the member, mother's/father's/husband's name and details of shares held by him and in case of co-operative housing society Permanent Account Number of income tax, bank account no. and branch address.
(b) The date of grant of membership by the managing committee;
(c) The date on which the member's name was entered in the register after depositing membership fee and share money; alongwith details of payment of the same;
(d) Specimen signature of the member;
(e) The name(s) of nominee & relationship; and
(f) Date of cessations of membership.
No transfer of shares shall be effective unless:-
(a) it is made in accordance with the provisions of the bye-laws;
(b) a clear fifteen days notice in writing is given to the co-operative society indicating therein the name of the proposed transferee. The consent, application for membership, and where necessary, the value proposed to be paid by the transferee;
(c) 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 co-operative society, as may be agreed upon between the transferee, the transferor and the co-operative society, transfer shall be registered in the books of the co-operative society, the transferee shall thereupon become the member of the co-operative society and shall acquire all rights of the
(1) For the purpose of transfer of share or interest under sub-section (1) of section 28, 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 co-operative society, nominate any person or persons in first degree blood relation and if nomination is made by a document, such document shall be deposited with the co-operative society during the member's life time and where the nomination is made by a statement, such statement shall be signed by the member and attested by two witnesses.
(2) The nomination made under sub-rule (1) may be revoked or varied by the member at any point of time.
(3) The record of nomination shall be kept by a co-operative society in such manner as may be laid down in the bye-laws.
(4) If a memb
(1) Notwithstanding anything contained in the bye-laws, prior to placing the matter before the meeting of the committee for expulsion of a member under the provisions of section 40 of the Act, the member concerned shall be served with registered notice regarding the proposed expulsion, fifteen days prior to holding of the committee's meeting:
Provided that no resolution shall be valid, unless the member concerned has been given an opportunity of representing his case in the committee of the society.
(2) The expulsion from membership may involve forfeiture of shares with the prior permission of the Registrar. In that event, the value of the share forfeited shall be credited to the reserve fund of the co-operative society.
(3) A member of a co-operative society who has been expelled under sectio
(1) In case of default in payment of demand in a co-operative housing society by the members, the maximum rate of interest charges shall be as under:
(a) for default of payment of installment upto six months @ 9 percent per annum;
(b) for default of payment of installment upto one year @ 9.5 percent per annum; and
(c) for default of payment of installment for more than one year @ 10 percent per annum.
(2) Equalization charges to be charged from the member enrolled at the advance stage of construction @ 12 percent per annum on the amount of payments raised by the co-operative housing society from each member of same category for land money and construction purposes.
(3) interest to be paid by a housing co-
Section R.32 of the Delhi Cooperative Societies Rules, 2007, pertains to the procedural aspects related to amendments of bye-laws of cooperative societies, including the process of membership, disqualifications, and related procedural requirements under the framework of the Delhi Cooperative Societies Act, 2003, and Rules, 2007. It forms part of the statutory regulation ensuring democratic and transparent functioning of cooperative societies.
Section R.32 primarily deals with the procedure for amendment of bye-laws, the conditions for membership, disqualifications, and the process of transfer and registration of members’ rights and properties. It emphasizes the necessity of compliance with the Act, Rules, and bye-laws, and mandates the registration of amendments, with provisions for the role of the Registrar in approving or directing amendments.
Section R.32 covers:- The process of amending bye-laws to align with statutory provisions.- Disqualification of members based on ownership, non-payment, or misconduct.- Transfer of membership and property rights, including procedural formalities.- Oversight and approval by the Registrar to prevent illegal or irregular practices.- Ensuring that amendments do not violate constitutional or statutory principles.- The scope extends to all cooperative societies registered under the Act, including housing, credit, and other types of societies.
Violations of the provisions of Section R.32, such as illegal amendments, unauthorized transfer, or non-compliance with procedural requirements, attract penalties under the Act and Rules, including:- Fine (typically up to Rs. 1,500/- or as prescribed).- Disqualification of members.- Cancellation of illegal transfer or amendment.- Legal proceedings for offences under the Act.- Administrative action such as suspension or supersession of the society in extreme cases.
(1) Every co-operative society shall prepare a list of its members as on the last day of each co-operative year. The list shall be kept open at the office of the co-operative society, during office hours for inspection by any member of such co-operative 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 co-operative society and shall include the members admitted and exclude the members resigned or ceased or expelled during the period commencing from the date when the list was last revised and ending with the date of the revision of the list. The list shall be in Form-8 for a co-operative society and in case of a federation in Form-8-A, as the case may be. In-case of a co-operative housing society a copy of list so prepared shall be sent to Registrar within thirty days alongwith a soft copy in a floppy diskette of the same, for display on th
(1) A member of any co-operative society who is in arrears to the co-operative society in respect of any loan taken by the member or co-operative society for such period as specified in its bye-laws or in any case for a period exceeding ninety days shall be not eligible:
(a) to vote in election of the said co-operative society;
(b) for appointment to represent the co-operative society in any co-operative society; and
(c) to vote on behalf of co-operative society in other co-operative society.
This rule shall also apply to federal co-operative society and to apex cooperative society
(2) If a member of a co-operative society appointed as a representative of co- operative society, falls in arrears to the co-
Without prejudice to the provisions of section 29, a person shall cease to be a member of a co-operative society as specified in sub section(1) of section 41 of the Act. Incase of a co-operative housing society an intimation regarding cessation of membership shall be sent by a registered post to the person concerned along with copy of the same to the Registrar within a period of fifteen days. In case of a co-operative society which has become defunct or deemed to have become defunct under the Act and these rules or declared so by the Registrar as such the said co-operative society shall cease to be a member of the Federal /Financing/Apex society.
(1) A member of a co-operative society or any other person may inspect the following documents .in the office of the Registrar, and may obtain certified copies thereof, on payment of the following fees:-
(i) Application for registration of a co-operative society (Form No. 1) - rupees. 10 per page;
(ii) Certificate of registration of a co-operative society- - rupees 10 per page;
(iii) Bye-laws of a co-operative society - rupees 10 per page; (iv)
Amendment of bye-laws of a co-operative society- - rupees 10 per page; (v)
Order of cancellation of the registration of a co-operative society - rupees 10 per page;
(vi) Audit report of a co-operative society - rupees 10
(1) The member shall owe the following duties to a co-operative society, namely:
(a) to abide by the provisions of the Act, there rules, bye-laws and other lawful decisions taken by the General body, committee, other committees and the Registrar;
(b) To make share capital contribution, other fees and payment to the co-operative society in accordance with the provisions of the Act, rules and bye-laws;
(c) To extend full co-operation and support to other members and the co-operative society, thereby, contributing to the overall development of co-operative;
(d) To perform or extend the minimum economic commitment and business support to the co-operative as prescribed under the Act, rules and bye-laws;
(e) To
Every co-operative society shall maintain accounts and books for the purpose of recording business transactions by it and close them every year on 31st March, by the 30th April. Each closing entry in the cashbook, in each ledger account shall be signed by the president or secretary or the treasurer or any other authorised officials of the society authorised by the committee in this behalf. The closing balances, which are thus authenticated, shall be carried forward to the following year commencing on the 1st April. For the purpose of calling the annual general body meeting as provided in section 31 of the Act, the date fixed for making up the accounts, for the year shall be 30th April of each year. The closing accounts shall be signed by the secretary or the treasurer or any other officers of the society/bank authorized by the committee.
Every co-operative society shall keep and maintain the following books of accounts for the purpose of recording the business transacted by it, namely.--
(a) Minutes book for recording the proceedings of the general body, Committee/any sub committee;
(b) Register of applications for membership containing the name and address of the applicant, number of shares applied for, and in case of refusal, the date of communication of the decision refusing application of the applicant;
(c) Membership Register, containing the date of membership, name of member, name of father/husband, address of member, no. of shares purchased, name of the nominee with relationship, date of cessation of membership, signature of the member and remarks. In case of housing co-operative societies, the Bank account of the membe
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 39, of these rules 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, the Registrar may depute an officer subordinate to him or any Chartered Accountant from the approved panel 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, the emoluments of the officer deputed to do so, the charges which the cooperative society concerned shall pay to the Government/Chartered Accountant and to direct its recovery from the society.
(1) For the purpose specified in sub-section (i) of section 49, a copy of any entry in a book of a society regularly kept in the course of business shall be certified,
(a) by the president or secretary or treasurer or any other officer authorized by the committee.
(b) in case, an order has been passed under section 37 of the Act for superceding the committee and appointing an administrator by the Registrar, by the administrator or any officer authorised by him; or
(c) in case, an order has been passed under sub-section (1) of section 99 appointing a liquidator of the society by the Registrar, by the liquidator.
(2) Every certified copy shall bear the seal of the co-operative society.
(1) Every co-operative society shall prepare the following statements and returns for each co-operative year, namely.--
(a) a statement showing the receipts and disbursements for the year;
(b) a profit and loss account;
(c) a balance-sheet;
(d) in case of co-operative housing societies details of members resigned, enrolled, ceased and expelled with the approval of Registrar and a updated list of members of the such co-operative housing society; and
(e) such other statement or return as may be specified by the Registrar from time to time.
(2) The balance sheet of a co-operative society shall reflect a true and fair view of the state of affairs of the co-operativ
The books and records of a co-operative society shall be preserved as is set forth in Schedule 1 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 or any authorized officer: Provided that the cooperative banks shall be governed by the Co-operative Banks (Period of Preservation of Records) Rules, 1985, as prescribed under in the Banking Regulation Act, 1949 (10 of 1949).
(1) The president, secretary, treasurer and vice president of a co-operative society shall inter-alia be responsible, jointly and severally and the officer appointed by the committee for the following tasks namely.--
(a) maintaining the books of account;
(b) maintaining other books and registers as prescribed in these rules; and
(c) prepare returns and statements as prescribed in these rules
Provided that a person entrusted with the duty of maintaining the accounts shall not be the in charge of cash of the co-operative society:
Provided further that in case of co-operative societies having Government share money, officers appointed for maintaining the accounts shall be responsible.
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No near relative of any member of a committee or a member of the committee of financing bank to which the society is indebted shall be appointed as its paid staff.
(1) Without prejudice to the provisions of section 31 and section 33 of the Act the meetings to be convened by a co-operative society of its general body shall be.--
(a) First general body meeting;
(b) Annual general body meeting; and
(c) Special general body meeting.
(2) The first general body meeting of the co-operative society shall be held within one hundred eighty days of its registration by the promoter members for the election of the committee. The interim committee/board selected by the promoter members for the registration of a co-operative society shall hold office till the regular committee is elected. In this meeting, the following business shall be transacted, namely.--
(a) Approval of allotm
(1) A co-operative society with limited liability, may, if its area of operation extends to the whole of the National Capital Territory of Delhi or its membership exceeds five thousand, provide in its bye-laws for the constitution of a representative general body.
(2) In case the bye-laws of the co-operative society provides to constitute a representative general body, the co-operative society shall, with the permission of the Registrar, divide its members into different groups on a territorial or other basis.
(3) The bye-laws may also specify the number or proportion of the members of the representative general body to be elected for representing each group.--.
(a) by all the members of the co-operative society;
(b) by the only that particular grou
(1) Notwithstanding any thing contained in the bye-laws, the quorum for a general body meeting shall be one third of the total number of members subsisting as such on the date of notice of the meeting; Provided that incase of a Society having membership of thirty or less than thirty members, then quorum shall be minimum of ten members.
(2) No business shall be transacted at any general body meeting unless there is a quorum at a time where the business of the meeting is due to commence.
(3) If within half an hour from the time appointed for the general body meeting, the quorum is not present, the General body meeting shall stand adjourned for fifteen minutes on the same day, which should be specified in the notice calling the general body meeting Provided that at the adjourned meeting, no quorum shall be necessary, Provided further if the
(a) Fixing the maximum credit limit of the co-operative society as well as members;
(b) Fixing the rate of interest including penal interest on loan advance to its members;
(c) Approval of the various welfare schemes for the benefits of the members and their family;
(d) Prepare education and training programme for its members;
(e) Prepare business rules for the co-operative society;
(f) Any other matter referred by the committee;
(g) To write off debt of members/ deceased members out of bad debt fund maintained by the co-operative society;
(h) To frame code of conduct for its members and the committee;
(1) A resolution which is put to the vote of a general body meeting shall be decided by a show of hand unless the poll is demanded by at least one third of the members present in the meeting. If no poll is demanded, a declaration by the presiding officer in such meeting that a resolution has been carried or lost and an entry to that effect in the minutes of the meetings shall, for the purposes of the Act, be conclusive proof of the fact that such resolution has been duly carried or lost but shall not be proof of the number or proportion of the votes recorded in favour of or against such resolution.
(2) If a poll is demanded by one third of the members present in the meeting, the voting shall be arranged by the presiding officer in the same meeting on the same day through secret ballot after adjourning the meeting, if required.
(3) If the
(1) Annual general body meeting of a co-operative society may be called by giving not less than fifteen days notice in writing.
(2) Special general body 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 bye-laws, if a general meeting is called under sub section (1) of section 31 of the Act, or in pursuance of sub-section (2) of section 33, 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. Registrar may preside over such meeting or authorize any person to so preside.
(4) The notice of every general body meeting shall be given to each member of the cooperative society either personally or by post under U. P.
(1) A co-operative society shall cause minutes of proceedings of general body meetings to be entered in a book kept for that purpose.
(2) The minutes of meeting shall be drawn up free from all alterations and corrections, and shall be recorded in the minute book within four working days after the date of meeting and the minutes shall be signed by the presiding officer of the meeting or President, Secretary or Managing Director or Chief Executive Officer. In case of co-operative housing society, the minutes shall be circulated to all members within fifteen days of general body meeting. In case of other co-operative societies, the minutes shall be displayed on the notice board of the office. The objections if any shall be placed before the Committee and shall also be placed before next general body meeting.
(3) Until the contrary is proved
Notwithstanding anything contained in these rules or the bye-laws, election of members of the committee of a co-operative society shall be conducted in the manner given in Schedule II.
Subject to provisions of sub sections (7) of sections 35 of the Act, no person shall be eligible for election as a member of the Committee, if,
(a) he is in default to the co-operative society in respect of any sum due from him to the co-operative society;
(b) he has, directly or indirectly, any interest in any contract to which the cooperative society is a party except in transaction made with the co-operative society as a member in accordance with the objects of the co-operative 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, engaged in any identical private business, trade or profession of any description carried on by the society:
(d) he has been convicted
A member of the committee shall cease to hold his office, if, he,
(a) continues to be in default in respect of any sum due from him to the co-operative society for such period as may be laid down in the bye-laws;
(b) ceases to be a member;
(c) is declared insolvent;
(d) becomes a person of unsound mind;
(e) is convicted of an offence involving dishonesty or moral turpitude; or
(f) becomes subject to any disqualification which would have prevented 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 co-operative society shall have an interest directly or indirectly, otherwise than as such officer,
(a) in any contract made with the co-operative society;
(b) in any property sold or purchased or leased out by or to the co-operative society: or
(c) in any other transaction of the co-operative society except as investment made or as loan taken from the co-operative society or the provision of residential accommodation by the co-operative society to any paid employee of the cooperative 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 co-operative society.
A delegate of one society sitting on the committee of another society shall vacate his seat in such committee: -
(a) if the co-operative society withdraws him or elects another delegate in his place;
(b) if the committee of the co-operative society which elected him as a delegate has been superseded;
(c) if the co-operative 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 co-operative society of which he is a delegate are ordered to be wound up.
(1) Subject to the provisions of section 35 of the Act and notwithstanding anything contained in the bye-laws of the financing bank, the maximum strength of the committee shall be ninteen including two Government nominees (one from cooperative department and one from Finance department) nominated by the Government and one nominee of NABARD. The Managing Director/Chief Executive Officer of the bank would act as the member secretary of the committee. The Managing Director will be appointed by the committee in consultation with Government. The remaining sixteen directors shall include five institutional directors and eleven elected directors as under.--
(a) Institutional directors: -
(i) One seat for Urban Co-operative Banks Federation;
(ii) One seat for Delhi State Co-operative Union.
&
(1) Notwithstanding anything contained in the bye-laws of the Co-operative union, the maximum strength of the committee shall be sixteen including a nominee of the Government. The remaining fifteen members of the committee shall be as under.--
(a) Institutional Members (Five)
(i) One seat reserved for Delhi State Women Co-operative Marketing and Supply Federation Ltd;
(ii) One seat for the Delhi Co-operative Housing Finance Corporation Ltd;
(iii) One seat for Delhi State Co-operative Industrial Federation Ltd; and
(iv) One seat for Delhi State Co-operative Leather Societies Federation Ltd. (SC/ST representative)
(v) One seat for Delhi State Weavers handloom Coo
(1) A committee of a co-operative society shall exercise all the powers of the Co-operative society, discharge all the duties as may be specified in its bye-laws by means of resolutions passed at its meetings. No resolution shall be passed by circulation to the members of its committee.
(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 co-operative societies and once in three months in case of federal co-operative societies and financing bank
(3) The notice of meeting shall be given to each member of the committee in writing under the signature of the president or secretary or chief executive officer/ managing director at least five days prior to the date of meeting and such notice shall be served to the member either personally or by post under certificate of post
(1) The notice under sub section (1) of section 37 of the Act shall contain the grounds for the proposed action and shall be addressed to the chairman or president of the co-operative society and sent to him at his last known address, if any, and at the registered address of the co-operative society by registered post. The service of the notice shall be complete as soon as the letter containing this notice is posted.
(2) It shall be the duty of the Committee to intimate as to which financing bank or financial institution, the co-operative society is indebted and in case the Committee does not inform about its indebtness, the Registrar may take a decision in this regard on the basis of records available with him.
(3) As soon as the order removing the committee is made by the Registrar under subsection (2) of section 37 of the Act, all mem
(1) Subject to the provision of the Act and any other law for the time being in force, a federal co-operative society may discharge the functions to facilitate the voluntary formation and democratic functioning of co-operative societies as federal co-operative or co-operative based on self-help and mutual aid.
(2) Without prejudice to the generality of the provisions contained in sub-rule(1), the federal co-operative society may-
(a) ensure compliance of the co-operative principles;
(b) make model bye-laws and policies for consideration of its member co-operative societies.
(c) provide specialized training, education and data-base information;
(d) undertake research, evaluation and assist in preparation o
(1) A declaration as per clause (i) and clause (ii) of section 45 of the Act, shall be made in Form -9.
(2) A register of such declaration shall be kept by the co-operative society in Form-10.
(3) A charge on any immovable property created by a member in favour of a cooperative society for amount borrowed or likely to be borrowed by him, from time to time, shall, subject to the provisions of clauses (iv) and (vi) of section 45 of the Act continue to be in force till the person creating the charge has fully repaid the sum borrowed or he ceases to be a member of the society as the case may be
(4) In case, a member of a society creates a charge on his land or on his interests in any land as a tenant, by declaration under-section 45 of the Act, the co-operative society may, if compelled to make us
(1) A co-operative society shall receive deposits and loans only to such extent and according to the following parameters or as per provisions contained in the bye-laws. The general body of a society shall be competent to fix the maximum credit limit in respect of the cooperative society based on the audited accounts and the committee shall be competent to fix the maximum credit limit of an individual borrower.
(2) The maximum credit limit of a co-operative society 'other than Consumer Store, Cooperative Housing, Urban Cooperative Banks and Financing Bank' may be fixed by the general body but not exceeding the following limits namely:-
(a) Co-operative society classified 'A' during the last audit Seven times the paid-up share capital plus accumulated reserves and undistributed profits minus the total of losses and loans falling overdue p
(1) Every co-operative society, having a share capital shall provide in the bye-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 in case the full amount of the shares is not payable on allotment, the amount and the number of installments required to be paid and such other incidental matters.
(2) Any co-operative society, authorized under its bye-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 for redemptions of debentures or bonds the rate of interest payable,
Every cooperative society if obtains any portion of its working capital by deposits, shall, -
(a) maintain such liquid resources and in such form as may be specified by the Reserve Bank of India in the case of Urban Cooperative Banks and Financing Bank and by the Registrar in the case of other co-operative societies, and
(b) utilize only such portion of its working capital in business and distribute its assets in accordance with such standards as may be specified from time to time by the Registrar.
Subject to the provisions of section 6 of the Act a member of a co-operative society or a member applying for a loan from the co-operative society shall hold shares not exceeding one tenth of total share capital or twenty thousands rupees whichever is less.
Subject to the provisions of section 57 of the Act, a primary co-operative society shall not grant loan to another co-operative society except the Financing Bank or Apex Cooperative society as defined in clause (b) section 74 of the Act, without prior approval of the Registrar.
(1) Notwithstanding anything contained in the agreement entered with the borrowing member, the committee, shall be entitled, after giving two week's notice to such member, to recall the entire loan amount immediately, if 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 cooperative society to recall a loan of his own motion, if it is brought to his notice that the loan given by the co-operative society has been misapplied or conditions thereof have not been followed. The Registrar may make in the matter such enquiries as he may deem necessary and after giving a show cause notice to the co-operative society and may issue with the prior approval of the Financing Bank, necessary dir
The shares of society shall not be hypothecated to that co-operative society by its members as a security for a loan.
(1). No co-operative society shall charge penal interest on default of loan at the rate not exceeding three percent per annum over and above the normal rate of interest as being charged by the co-operative society on loan and in-case of Financing bank and Apex cooperative society not exceeding two percent over and above the normal rate of interest being charged from the defaulting co-operative societies.
(2). In case, the member or the co-operative society has cleared all the dues, the co-operative society or Financing bank or Apex co-operative society may waive the penal interest.
(1) Loans and subsidies to a co-operative society or class of co-operative societies may be granted by the Government, by a general or special order, from time to time.
(2) A co-operative society receiving Government loan or subsidy, or a co-operative society has subsided a share or shares or liability by way of guarantee has been undertaken by the Government, shall furnish such information and submit such returns as the sanctioning authority or the Registrar may from time to time, require.
(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 53 of the Act. In co-operative society, the dividend shall not exceed eighteen percent per annum on paid-up share capital. Dividend shall be payable at such rate not exceeding this limit to the registered share holders, as may be approved by the general body and not otherwise. Share holders/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 co-operative society while any claim due from the co-operative society to a depositor or lender remains unsatisfied.
(2) Notwithstanding anything contained in these rules and the bye-laws of the society, t
(1) Every co-operative society shall credit a sum calculated at the rate of two percent of its net profit every year subject to a maximum of fifteen thousand rupees as contribution to the Co-operative Education Fund maintained by the Registrar. The Co-operative Education Fund shall be administered by a committee constituted by Government for this purpose consisting of following members, namely: -
1. Registrar : Chairperson;
2. Joint Registrar : Member;
3. President or General Secretary, Delhi State Cooperative Union : Member ;
4. Chief Executive Officer, Delhi State Cooperative Union : Member ;
5. Principle Delhi State Cooperative Training Center : Member;
6
Provided that a sum of funds may be contributed for welfare schemes of the Government with the prior approval of Registrar.
In addition to the manner specified in section 56 of the Act, a co-operative society including Urban Cooperative Bank and Financing Bank may invest or deposit its funds in any other manner permitted by the Government and Reserve Bank of India.
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 fund: -
(a) upto one fourth of its reserve fund if the owned capital is less than the borrowed capital;
(b) upto one half of its reserve fund if the owned capital is equal to or exceeds the borrowed capital; and
(c) the entire reserve fund when there is no borrowed capital:
Provided that in the case of clauses (i) and (ii), the balance fund shall be invested in an approved mode of investment as per the provisions of the Act, these rules and the bye-laws of the co-operative society.
No co-operative society shall write off in whole or in part any debt or other sums without the previous sanction of the Registrar :
Provided that, the co-operative society may write off the bad debts from the bad debts funds created out of profits subject to the limit of ten per cent of the bad debt fund or ten thousand rupees per annum which ever is more.
(1) The audit of the accounts of the co-operative society shall be conducted by an auditor selected by the co-operative society from the panel of Chartered Accountant drawn by the Registrar after every three years by giving due publicity through two leading daily newspapers. The committee of the co-operative society while selecting the Chartered Accountant as auditor shall inform the Registrar within fifteen days of such selection and shall follow the guidelines and instructions issued by Registrar from time to time :
Provided that the Registrar shall draw a panel of auditors atleast six months before the expiring of the term of previous panel so that the statutory audit is complete in time as required under section 60 of the Act, or also to file Income Tax Returns as prescribed under the law.
(2) The committee shall ensure that the audi
(1) Where the Registrar is of the opinion, -
(a) that the affairs of a co-operative society are not being managed in accordance with the co-operative principles or prudent commercial practices or sound business principles:
b) that a co-operative society is being managed in a manner likely to cause serious injuries or damage to the interest of business to which it pertains;
c) that the financial position of a co-operative society is such as to endanger its insolvency to the society; -
the Registrar may at any time by written order, direct that a special audit of the accounts of co-operative society for such period or periods and for such purpose, as may be specified in the order, shall be conducted and may by the same or different order appoint an au
(1) A co-operative society whose turnover is above five lakhs shall pay an audit fee at such rates as may be fixed by the Government from time to time.
(2) The Registrar with the prior approval of Government may increase the prescribed audit fee, in special cases, after recording the reasons in writing.
(1) An order authorising any person under section 61 of the Act, any official under section 62 of the Act or under section 63 of the Act shall among other things state the following, namely:-
(a) the name of the person or official authorised to conduct the inquiry or inspection; He shall be any officer of Government or Central Government above the rank of Assistant Registrar in case of Inspection under section 61 and 63, and any Gazetted officer of Government below the rank of Registrar for inquiring under section 62 of the Act.
(b) the name of the co-operative society to be inquired or inspected;
(c) the specific point or points on which the inquiry or inspection is to be carried out, the period within which the inquiry or inspection is to be completed and report submitted to the Registrar;
(1) On receipt of the audit report, Inspection report under section 61, Inquiry report under section 62, inspection report under section 63, or an application of the committee, liquidator or any creditor, or otherwise, the Registrar or any other person authorised by him, may, make such further inquiries as he may deem necessary.
(2) On the completion of the further inquiries under sub-rule (1), if necessary, the Registrar or the person authorised by him, shall, issue a notice to the person concerned, furnishing him the particulars of the acts of misapplication, retention, misfeasance or breach of trust and the extent of his liability involved therein and calling upon him to put in statements in his defence within fifteen days of the date of issue of the notice.
(3) On receipt of the statements referred to in sub-rule (2), the Registrar o
(1) In case of any dispute referred to in sub-section (1) of section 70, the party concerned, shall apply to Registrar in writing in Form-12 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, and, (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 by the applicant party.
(2) A party, referring the dispute under sub-section (1) of section 70 of the Act, to the Registrar, shall pay fee of rupees one hundred and the process-fee at the rate of rupees fifty for each party to be deposited in advance in the office of Registrar in the name of th
(1) The arbitrator shall make a memorandum of the statements of the parties who attended and of such witnesses as are examined. Upon the evidence so recorded and after consideration of any documentary evidence produced by either party the arbitrator shall make an award in accordance with justice, equity and good conscience. The arbitrator shall record his award, signed and date it within a period of three months and shall communicate it to the parties. In case the arbitrator is unable to decide the dispute and make the award within three months, the arbitrator shall seek extension of the period in writing from the Registrar by making an application to him.
(2) The award shall contain the number assigned to the application, the names and description of the parties and particulars of the disputes and shall specify clearly the relief granted, the amount decreed, the future interest al
On an application made 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 85 or make fresh appointment of any other arbitrator.
(1) The Registrar shall invite application for appointment of arbitrators by advertisement in two national daily leading newspapers (Hindi and English).
(2) The following persons may be considered for appointment as an arbitrator-
(3) (a) Gazetted officers including retired, of any department under the Government; or
(b) Officers/Co-operators, serving or retired of co-operative societies having experience of ten years and having graduate degree preferably a Diploma in Cooperative from recognized Cooperative Training Institute; or
(c) Officers of local bodies and pubic sector undertakings of the Government.
(3) The registrar shall scrutinize and compile the applications received and submit the same before
The Registrar shall have power to require the person referring a dispute under sub-section (1) of section 70 of the Act, to deposit in advance with the office of Registrar in "Settlement and Executive Expenses Fund" a fee at the rate specified in the schedule, below, that may be revised by the Registrar from time to time.The Registrar shall have power to require the person referring a dispute under sub-section (1) of section 70 of the Act, to deposit in advance with the office of Registrar in "Settlement and Executive Expenses Fund" a fee at the rate specified in the schedule, below, that may be revised by the Registrar from time to time.
Schedule
(Schedule of Fee for Arbitrator)
(A) In respect of disputes relating to claims of money referred to u
(1) A member of the co-operative housing society shall not be entitled to any interest in any plot of land or dwelling unit unless he has made full payment towards the cost of such plot or dwelling unit as may be finally apportioned by the co-operative housing society.
(2) Every member of a co-operative housing society in accordance with the provisions of section 77 shall be issued a Certificate of Allotment by the committee of the cooperative housing society under its seal and signature of president and secretary in Form- 14 in case of (plot or housing) and in Form - 15 in case of group housing accompanying a garage or parking area, servant quarter and shop etc., as provided in subsection (1) and subsection(5) of section 76 of the Act within a period of ninety days of conduct of draw of lots by passing a resolution to this effect.
(3) I
(1) The Registrar shall recommend the name of such members to conduct draw of lots whose enrolment as a member of the co-operative society has been found proper as per provisions of the Act, these rules, and byelaws of the co-operative society after obtaining the information mentioned in Schedule VII.
Provided that the Registrar shall recommend the names of members to conduct draw of lots after seeking prior approval of the following Committee :-
Secretary (Cooperation) Chairman;
Registrar Coop. Societies Member;
Addl. Secretary (Finance) Member;
Jt. Secretary (law) Member; and
Jt. Registrar/ Addl. Registrar Coop. Societies Member.
(1) A member of a co-operative housing society may nominate a person or persons within blood relation to whom in the event of his death his right and interest in the co-operative housing society shall be transferred. Joint and more than one nomination with the blood relation shall be permissible. The nomination shall have to be made in writing in the Form No. 17, in triplicate by the member in the presence of two witnesses and it is to be entered in the books of the co-operative housing society kept for the purpose.
(2) The member may, from time to time, revoke or vary such nomination during his life time.
(3) In case a member nominates more than one person in respect of any shares held by him, he shall, as far as practicable, specify percentage of share of each nominee in terms of whole share and interest thereon. The, transfer shall be
(1) Subject to the provision of section 79 and 91 a person after allotment of flat or plot as per section 77 may transfer share or interest therein by registered agreement for sale or registered sale deed, as the case may be, provided that the transfer of share or interest in respect of leasehold properties shall be governed by the terms of the lease.
(2) If such a person desiring to transfer his share or interest of a co-operative housing society, he shall give fifteen days notice of his intension to the co-operative housing society in the Form - 18. On receipt of such notice the committee of the co-operative housing society shall give consent to the transferer to transfer his share or interest in Form - 19 within 15 days time failing which the consent is deemed to have been granted. If the purchaser having registered agreement for sale or registered sale deed, or registered power
In case the land has been allotted to a co-operative housing society on the perpetual lease basis by the lessor, the transfer of occupancy right shall be governed by the terms and conditions of lease deed and shall also be applicable for transfer of occupancy right to a nominee, heir or legal representative in respect of lease hold property. The nominee, heir or legal representative shall apply to the co-operative housing society for transfer of share and interest in Form No. 20. The committee shall recommend to the lessor through a resolution of the committee for transfer of occupancy right in favour of nominee, heir or legal representative in accordance with the terms and conditions of the lease deed in the Form No. 21. On receipt of the approval of the lessor for the transfer of interest of the deceased member the committee shall enroll the nominee, heir or legal representative as a member of the co-operative housing society without charging any transfer fee as pr
(1) Every co-operative housing society shall create and maintain corpus of funds, for building maintenance and for replacement of building separately, according to the necessity and requirement of the cooperative housing society. Funds for these funds shall be fixed annually by the general body as a part of the co-operative housing society's annual budget.
(a) Building maintenance fund; This fund shall be utilized for meeting expenses of normal recurring nature essential for the safety and to increase life of the building. Demand raised by the committee shall be payable as per schedule and terms and conditions approved by the general body for this purpose by the member- or attorney or a person who has converted his property to freehold, as the case may be. On failure to pay the demand, the committee shall be competent to recover it as arrears of land revenue through the Registrar.<
A copy of instrument of mortgage executed in favour of co-operative housing society or the apex or a written declaration creating a charge on such property requiring registration duly certified by the authorized officer of the co-operative housing society or the apex, shall be sent by the co-operative housing society or the apex to the Registering Authority having jurisdiction within a period of sixty days from the execution of the instrument by the registered post or through the messenger by hand delivery in the Form No. 23.
(1) The dispute relating to the co-operative housing societies shall primarily be governed by the provisions of section 70 and section 71.
(2) In the matters which fall under sub-section (5) of section 83, the dispute shall arise only on default in payment of installments payable by a mortgagor, who has raised loan to acquire a property by providing security of said property besides any other additional security, if any, as a security of mortgage to the mortgagee namely, the co-operative housing society, the apex or the financial institution recognized by the National Housing Bank. If payment of any above referred installments are in arrears, either full or in part for more than ninety days from the date on which it falls due by the mortgagor, an application shall be made by the co-operative housing society, the apex or financial institution recognized by the National Housing Bank,
(1) Subject to the provisions of sub-section (1) of section 108 of the Act, while making an application for relief, a co-operative society or Federal Cooperative Society or Financial Institution, in addition to normal averments containing particulars of the claim for arrears of any sums advanced to any of its members supported by evidence constituting the cause of action and when arose, shall also make following averments, namely:-
(a) That the claim is only in respect of arrears of any sums advanced to any members of the co-operative society only and no other relief beyond the scope of the said section is claimed in the application;
(b) That it believes that there is no valid or bonafide defence against the claim;
(c) That the member is not disputing the arrears.
&n
(1) Notwithstanding any thing contained in the loan agreement and the mortgage deed entered into between a co-operative housing society and the apex or, the financial institution approved and recognized by the National Housing Bank for granting housing finance, where the co-operative housing society has raised loan from the apex or the financial institution against the security of land and buildings, in such a case, if any beneficiary member of the co-operative housing society or purchaser from him, fails to repay the loan installment for a continuous period of sixty days after the installment has become due, for which in the intervening period due notice has been served on the beneficiary by the cooperative housing society or the financial institution shall issue a notice stating therein for repayment of defaulted installments along with balance outstanding as recall of loan within a period of thirty days from the receipt of
(1) The cooperative housing society may in accordance with the provisions of sub-section (1) of Section 86, expel a member. However, before passing a resolution for expulsion of the member, the committee shall have to deliberate the case of expulsion in the committee's meeting and shall have to approve the proposal for issue of notice for the expulsion of a member setting out therein full details of the grounds with supporting documents In all at least three registered notices shall be served on the concerned member with an opportunity to defend his case in writing and also in person to the committee. Each notice should be served on the concerned member with an interval of thirty days. After the expiry of thirty days period of the final notice, the committee shall consider the reply, if any, received from the concerned member in its meeting and three-fourths of the members of the committee present and entitled to vote at the
For Cessation of membership, on the grounds mentioned in section 87 the co-operative housing society shall produce document to prove the grounds and the member against whom action is being taken shall be informed in advance. Cessation of membership shall be deemed to be effective from the date when the Registrar accord approval of Cessation of membership.
Provided that the addition ground for cessation of membership mentioned in section 87 shall not be raised after three years of allotment of flat or plot, as the case may be.
The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the co-operative housing society and for all the acts and omissions detrimental to the interest of a co-operative housing society:
Provided that before fixing any responsibility mentioned above, the Registrar shall follow the procedure as laid down under the Act:
Provided further that any member of the committee, who does not agree with the resolution or decision of the committee, may express his dissenting opinion which shall be recorded on the proceeding of the meeting and such member shall not be held responsible for the decision embodied in the said resolution or such acts or omissions committed by the committee as per the said resolution. Such dissenting member, if he so des
(1) The Committee shall be responsible for maintaining the following essential services in the housing complex on regular basis, namely:-
(a) Electricity supply;
(b) Water supply and sewerage;
(c) Garbage disposal;.
(d) Running of lifts, borewell, Genset, Water Harvesting system and maintenance of green areas;
(e) Security services;
(f) Availability of plumber, electrician and Mali etc., for day to day services for all occupants;
(g) Availability of fire safety equipments/systems in running condition;
(h) Round the clock hours emergency response and staffing; and
The properties of a co-operative housing society, which include land either as freehold or lease hold, the buildings, all improvements and structures thereon, all easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection therewith, which have been or are intended to be subject to the provisions of this Act, shall be maintained in Form No. 24 and shall be revised and revaluated annually. The committee shall also maintain record of the members, owner of dwelling units and tenants etc. The committee shall obtain the copy of the document from every resident or occupant of the dwelling unit entitling him the occupancy of the same.
(1) Subject to the provision of section 91 of the Act the purchaser having registered power of attorney or registered agreement for sale or registered sale deed as the case may be, in respect of said plot or flat where draw of lots have been conducted by DDA may apply for membership alongwith the following documents as mentioned in Rule 92 and the committee shall dispose of the application as per the procedure laid down in the said rule.
(2) The provision of Clause (a) of section 79 shall not be attracted to the transactions mentioned in the section 91 prior to the date of commencement of Delhi Cooperative Societies (Amendment) Act 2006, (Delhi Act 8 of 2006).
(1) In case a co-operative housing society intends to raise a bridge loan for making payment to the land owing agency to have early physical possession of land, the committee shall call special general body meeting for getting the authorization from the members to raise the bridge loan and inform them the terms and conditions of bridge loan with the repayment liability to an member. The bridge loan can be raised only from the Apex or a financial institution recognized by the National Housing Bank.
(2) (a) The committee shall initiate action for selecting an architect after following necessary formalities. The appointment of an architect shall be done in the meeting of the general body on such terms and conditions as it deems fit which may conform to the guidelines of Council of Architects. Thereafter, the committee shall enter into agreement with the architect on the basis of the t
(1) It shall be the responsibility and duty of the committee to carry out the repairs works and maintenance of the property of the co-operative housing society. It shall also be the responsibility of the committee to ensure that the repairs works and maintenance are carried out as per the agreement.
(2) The committee shall be competent to incur expenditure on repairs and maintenance of the co-operative housing society upto the one time expenditure limit approved by the general body from time to time or as provided in the bye-laws of a co-operative housing society.
(3) If one time expenditure on repairs maintenance or works of the co-operative housing society exceeds the limits prescribed in sub rule (1) above, prior sanction of the general body shall be necessary.
(4) The general body shall de
(1) Every co-operative house building society at the commencement of these Rules, within three hundred sixty five days, shall furnish details pertaining to status of handing over of civic services to the local body besides the common community facilities developed by the cooperative house building society with the approval of the lessor.
(2) In case a co-operative house building society has handed over civic services to the local body and have developed certain assets for social, cultural, educational, commercial activities, etc. with the approval of the lessor and such a cooperative house building society intends to run and manage such services or facilities for the benefit of residents of the area, it may approach the lessor after getting the proposal approved from the general body for transfer of the land to a new co-operative body either on freehold or on lease hold basis as pe
(1) In case a liquidator is appointed under sub-section (1) or sub-section (2) of section 99 of the Act, the Registrar may limit or restrict the powers of the liquidator subject to the provisions of section 101 of the Act.
(2) The Registrar may remove the liquidator at any time without assigning any reason and may appoint any other person as liquidator. The liquidator on his removal shall hand over all the property, documents, record etc. relating to the co-operative society 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 person shall be drawn and a copy of the same, duly signed, shall be forwarded to the Registrar.
(3) The liquidator shall be described as liquidator of particular co-operative society in respect of which he acts and not by his indivi
(1) The liquidator shall, as soon as the order of winding up of a co-operative society takes effect, publish by such means as the liquidator may think proper, a notice requiring all claims against the co-operative society to be submitted to him within one month of the publication of the notice. All liabilities recorded in the account book of co-operative society shall be deemed if so facto, have been duly submitted to him under this sub-rule.
(2) The liquidator may fix time for the creditors to prove their debts or claims. If no claim is received within two months of the date of order of winding up, the liquidator may refuse to entertain any new claims.
(3) The liquidator soon after his appointment shall take charge of the books of accounts and other documents and all its assets of the co-operative society. There shall be prepared immedi
Subject to the provisions of rule 111 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; and
(4) Pro-rata payment of dividend on the shares at the rate not exceeding six percent per annum for the period of liquidation.
In winding up proceedings, there shall be paid in priority to all other debts and liabilities of the co-operative society under liquidation, the following dues or debts :-
(a) All Government dues, all revenues, taxes, cess and debts due from the cooperative society to the 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 cooperative society;
(c) All dues of the Financing Bank and Apex Society as defined in clause (b) of section 74 of the Act;
(d) The debts mentioned in the clause (a) and clause (b) shall rank equally amongst themselves and are paid in full, unless the assets are insufficient
A creditor of the co-operative society under liquidation, may apply to the liquidator for payment of interest on any debt due to him from the co-operative society up to the date of order of winding up by the Registrar. 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 remained after all the liabilities including the liabilities on shares have been paid off, further interest at 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 order of winding up, thereafter this amount shall be treated as surplus amount which shall be utilized in the manner mentioned in rule 120 of these rules. The Registrar may under special circumstances pay the liabilities claimed even after the stipulated period of three years.
(1) The liquidator shall keep such books and accounts as may be specified by the Registrar or audit officer.
(2) The liquidator shall during the tenure of office but not less than twice in a year prepare an account of the receipts and payments as Liquidator. An auditor shall be appointed by the Registrar who shall audit these accounts on behalf of the Registrar. In case accounts are audited by the audit officer one copy shall be kept by the auditor and the other returned to the liquidator with the audit report. The liquidator shall produce for purposes of audit all vouchers and accounts and shall furnish such information as may be required by the auditor. The liquidator shall rectify all irregularities and defects pointed out by the auditor to the satisfaction of auditor and shall submit to him a rectification report.
(3) No audit fee sh
Whenever it is considered necessary by the liquidator to defend or to institute any legal proceedings for and on behalf of the co-operative society the liquidator shall approach the Registrar, who may after considering all the facts and circumstances of the case, provide the service of the legal practitioner at the cost of the co-operative society if the Registrar or the Government has been impleaded in such proceedings the cost of defending them shall also be paid out of the funds of the cooperative 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 111 of the rules.
The liquidator shall make a report to the Registrar for purposes of taking action under section 66 of the Act, where in his opinion, any fraud has been committed by any person in the promotion, organisation, registration or management of the cooperative society under liquidation in relation to the co-operative society since its registration or any deficiency in the assets of the co-operative society has been caused by the breach of trust, or willful negligence or by retaining any money or other property belonging to co-operative society. The report shall be submitted to the Registrar as soon as practicable after preparation of the statement referred to in sub-rule (4) of rule 109. On receipt of this report, the Registrar shall proceed to take action under section 66 of the Act.
(1) Any transfer of shares in a co-operative 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.
(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 cooperative 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 contributories and be invalid accordingly.
(1) The winding up proceedings of a society shall be closed within seven hundred thirty days from the date of the order of the winding up.
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 co-operative society shall be deemed for the purpose of this rule to have been passed on the date of such commencement.
(2) Notwithstanding anything contained in the foregoing sub-rule, the Registrar shall terminate the liquidation proceedings on receipt of the final report from the liquidator. The final report of the liquidator shall state that the liquidation proceedings of the cooperative society have been closed, and manner of conducting the winding up and the manner of disposing the property and the claims of the co-operative society and shall incl
The surplus assets, as shown in the final report of the liquidator of a co-operative society which has been wound up, may be utilized for following purpose :-
(a) Education Fund for utilizing in Development of Co-operative Movement; or
(b) Any public utility as per section 102, with the prior approval of Registrar.
Relevant Date 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 99.
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 of registration.
The order made by the Registrar under sub-section (1) of section 103 of the Act shall also be published in the official Gazette.
(1) Every application under section 104 of the Act shall be made in Form no. 25 and shall be signed by a person authorised by the committee . 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 co-operative society deposits the fee for expenses of sale of the property at the rate of five per cent of the outstanding debt or demand of the co-operative society against the defaulter irrespective of the fact that such amount is recovered or not by sale of the property.
(3) On receipt of application referred to in sub-rule (1), the Registrar or any other officer authorised by him in this behalf in writing by special or general order (hereinafter referred to as the Sales Officer, which shall include his
(1) In case any decision, award or order providing for the recovery of money is executable by the Collector under clause (a) of section 105 of the Act, 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 National Capital Territory of Delhi relating to recovery of land revenue, the rules, orders or regulations issued there- under from time to time (hereinafter referred to as the "Land Revenue Code").
(2) In case any decree holder desires to have the decree executed through the Collector under clause (a) of section 105 of the Act, he shall apply to the Registrar in Form no. 27 for t
(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 the Recovery Officer. 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 five per cent of the gross amount recovered, with in seven days of the receipt of amount.
(2) The Recovery Officer shall keep separate personal ledger account of each decree-holder and records all the relevant details of recoveries made, with names of defaulters from whom made, payments made to decree-holder from time to time and expenses recovered shall be ent
1. All money payable under the certified award shall be paid as follows:
(a) To the Recovery Officer or to any person authorised by him against official receipt and such payment shall be remitted to the decree holder with in thirty days from the date of receipt thereof, for recording the same in the personal ledger of judgment debtor;
(b) Out of the court payment to the decree holder and in such cases the recovery charges shall be payable to Recovery Officer.
(2) In case 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 the Rec
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.
In case any property to be sold in realization of any decree is situated outside the National Capital 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 or defaulter is situated.
(1) In case any decree-holder desires to have the decree executed under provisions of clause (b) of section 105, 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 no. 31, which shall be signed by the decree-holder. The decree-holder shall indicate whether he desires to proceed against the person or the judgment debtor or against the movable or immovable property of the person or the judgment debtor or both and shall state the way he wants the assistance of the Registrar according to the Act and the 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.
&nbs
Unless the decree-holder has indicated under sub-rule (4) of rule 129, the order in which the property of the defaulter shall be proceeded against, the execution shall ordinarily be taken in the following manner, namely:-
(a) 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.
(b) 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, even if not mortgaged with the decree holder, may be proceeded against.
In the seizure and sale of movable property, the following procedure shall be observed:
(a) The Recovery Officer shall, after giving notice to the decree-holder, proceed to the place where the defaulter resides or the property to be detrained is situated and serves the demand upon him in Form no. 33. 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 of inventory of the property distained and an intimation of the place, day and hour at which the detrained 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 member of his family or his authorized agent or when such service cannot be affected, shall affix a copy of the demand notice on so
In case 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 no. 36 that the amount shall, subject to the provisions of section 60 of the Code of Civil Procedure, 1908 (l Act V of 1908), be withheld from such salary or allowance or wages either in one payment or by monthly installments 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.
Section R.132 of the Delhi Cooperative Societies Rules, 2007, pertains to the procedure for attaching the salary of a public officer or servant of a railway or local authority under the Rules, primarily for enforcement of dues or penalties. It provides the authority and process for the Registrar of Cooperative Societies to issue orders for attachment, ensuring enforcement of legal obligations within cooperative societies.
Section R.132 authorizes the Registrar to issue an order to attach the salary of a public officer or servant of a railway or local authority when such individual owes dues or is subject to penalties under the Rules. The section specifies the form and manner of the order, the authority to execute it, and the scope of its application, including the requirement of prior notice and compliance with procedural safeguards.
Enforcement Mechanism - Section R.132 provides a statutory mechanism for attaching the salary of delinquent public officers, ensuring effective recovery of dues and penalties. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Procedural Safeguards - The section mandates adherence to procedural safeguards, including serving a notice before attachment, safeguarding against arbitrary or wrongful attachment. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Scope of Application - The section is confined to public officers or servants of railways and local authorities, limiting its application to specific categories of public servants involved in cooperative society affairs. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Legal Validity - Orders under Section R.132 are legally enforceable and form an integral part of the coercive machinery for dues recovery, supplementing civil remedies. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Mala fide Use - Abuse or misuse of the attachment process can lead to penalties under the Indian Penal Code or the Rules, including penal sanctions for wrongful attachment or harassment. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Scope Limitations - The section does not extend to private individuals or entities; its scope is limited to government or semi-government public servants. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Order Formality - The order issued must be in the prescribed format (Form-36), ensuring standardization and legal sanctity of the attachment process. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Implementation - The attachment order is to be executed by the officer authorized under the Rules, ensuring procedural compliance and legal enforceability. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Penalties for Non-compliance - Failure to comply with the attachment order or wrongful obstruction can attract penal action, including fines and imprisonment. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Judicial Review - Orders issued under Section R.132 are subject to judicial review if procedural violations, mala fide actions, or arbitrariness are established. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Complementary Provisions - Section R.132 works in conjunction with other enforcement provisions, such as penalty clauses and dispute resolution mechanisms, to ensure comprehensive enforcement. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Legal Precedents - Judicial decisions have upheld the validity of attachment orders under similar statutory provisions, emphasizing procedural correctness and bona fide use. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Scope of Punishment - Penalties for violations related to attachment orders include criminal sanctions for contempt of court or misuse of authority. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Scope of Application in Disputes - The section is invoked primarily in cases of default or dues recovery, not in matters of membership disputes or internal governance. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Legal Safeguards - The Rules prescribe safeguards to prevent wrongful attachment, including the right to appeal or seek review against the attachment order. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Enforcement Limitations - The attachment order cannot be used arbitrarily; it must be based on a valid dues or penalty, with prior notice and opportunity to be heard. [Rule 132, Delhi Cooperative Societies Rules, 2007].
Protection of Rights - The section balances enforcement with protection of the rights of public officers, ensuring that attachment is not misused or applied vindictively. [Rule 132, Delhi Cooperative Societies Rules, 2007].
In summary, Section R.132 of the Delhi Cooperative Societies Rules, 2007, provides a vital enforcement tool for the Registrar to attach salaries of public officers owing dues or penalties, with procedural safeguards to ensure legality and prevent abuse. Its scope is limited to public servants of railways and local authorities, and it operates as part of a comprehensive enforcement framework within cooperative law. Judicial oversight remains available to prevent arbitrary or mala fide actions, reinforcing the rule of law in the enforcement of cooperative society regulations.
Note: The references are based on the provided sources and typical legal interpretations of such provisions.
(1) In case 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 dispute was referred by the Registrar under section 71 of the Act, 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
(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.
In the attachment and sale or sale without attachment of immovable property, the following procedure shall be followed; -
(a) The application submitted under rule 129 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 in record of settlement or survey, the specification of such boundaries or numbers and the specification of the judgment debtor's 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.
(b) The demand notice issued by the Recovery Officer under sub-rule (5) of rule 129 shall contain the name of the judgment debtor, the amount due including t
(1) In case immovable property is to be sold by the Recovery Officer, any person either owning such property or holding an interest therein by virtue of 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 five per cent 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 cost 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, together with an application, is made withi
(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 ratable 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 136 sub-r
In case any lawful purchaser of immovable property is resisted and prevented by any person other than a person not being the Judgment Debtor 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 issued under sub-rule 5 of Rule 137 of 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 that may be sufficient to discharge the amount due with interest, and expenses of attachment, if any; and sale.
In case an attachment has been made under these rules, any private transfer or delivery of the property attached or of any interest therein and any payment to the Judgment 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 ratable distribution of assets.
Every person making a payment towards any money due for the recovery of which application has been made under these rule 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 these rules on the ground that such property is not liable to such attachment, the Recovery Officer, shall investigate the claim or objection and dispose off it on merit.
(2) In case 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.
In case 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, the Recovery Officer 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.
In case 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 Judgment Debtor have been received from more than one decree-holder and the decree-holder have not obtained satisfaction, the assets after deducting the cost of realisation, shall be ratably 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 for 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 or 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 property under attachment in execution of such decree.
(3) In case 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.
In case an attachment has been made, any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment 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 ratable 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 that for the purpose of making an arrest under this rule, no dwelling house shall be entered after sunset and before sunrise.
Provided further 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 to be found.
Provided further more, that, if t
(1) The 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 rupees Five lakhs for a period of six months, or
(b) in any other case, for a maximum period of six weeks, provided that the person shall be released from such detention before the expiration of the said period of six months or six weeks, as the case may be on the following reasons:-
(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
Before issuing recovery certificate under section 108 of the Act, the Registrar shall ensure that the member is not disputing the amount of the arrears. If Registrar is not satisfied with the facts and claims made in application and finds that there exists a dispute which is subject matter of section 70 of the Act, the Registrar shall communicate his rejection of the application made by a society with reasons thereof within thirty days time.
The provisions of rule 129 to rule 148 shall apply in regard to the recovery of any sum due to the Government from a co-operative society or from an officer, former officer, member or past or deceased member of a co-operative 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 co-operative society, as the case may be, was a defaulter, subject to the following modifications, namely:-
(1) The Registrar may, on his own motion, take any steps, which he may deem suitable in the matter of such recovery in accordance with the provisions of these rules and without any applications having been made to him in that behalf under these rules;<
The Recovery officer shall not alter the decree or certificate nor 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) In case 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 purpose of execution, discharge or satisfaction of the decree, award, decisions or order under execution.
(1) A decree-holder shall have the right to execute the decree and for that purpose the decree-holder may make any number of applications. The Recovery Officer shall not refuse execution unless the application is barred by article 136 of the Indian Limitation Act, 1963 (Act no 36 of 1963).
(2) Notwithstanding any thing contained in the bye-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 other wise, the Registrar may, by an order in writing authorise any officer or the Financing Bank to call and to send the award or orders obtained by the cooperative society for execution. The Financing Bank thereupon shall take action for the execution of such decree as if it is a decree holder itself.
(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 the rules.
(2) Any order issued by the liquidator against any contributory shall be executed in the manner prescribed in rule 129 to rule 148 provided that the liquidator 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, assistance and aid as may reasonably be required.
(1) An appeal under sub-section (2) of section 112 or an application for revision under section 116 shall be either presented in person or sent by registered post to the appellate or the revision authority, as the case may be.
(2) The appeal or the application for revision, as the case may be shall in the form of a memorandum and shall be accompanied by the original or certified copy of the order against which appeal or revision is made.
(3) Every appeal or application for revision shall, -
(a) specify the name and address of the appellant or the applicant and also the name and address of the respondents, as the case may be;
(b) state by whom the order appealed from or summon is sought was made
(c) set fo
(1) Every application under sub-section (1) of section 115 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 within the knowledge of the applicant or could not be produced by him when the order against whom review is preferred, was made or mistakes or errors apparent on the face of the record of other reasons for review. A memorandum of evidence shall accompany it.
(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 as it
Before granting sanction for prosecution under sub-section (2) of section 121 of the act the Registrar shall, conduct an inquiry by himself or through police or any other investigating agency which shall seek sanction for prosecution of the person/persons against whom action is being proposed under section 118.
The Registrar may grant prosecution sanction after receipt of report of the inquiry as aforesaid and examining and considering the same properly. The Registrar shall apply his mind sufficiently before prosecution sanction is granted by him. The Registrar shall give atleast three opportunities to the person concerned against whom prosecution sanction is being sought to present his case before him.
Every co-operative society shall have an address registered with the Registrar and shall consist name of the co-operative society, registration number, name of the apartment, if any, complete functioning address with locality and PIN Code number. The co-operative society shall send to the Registrar, notice of every change of registered address within thirty days of such change and shall seek confirmation from the Registrar to the effect that the changed address has been taken on record and necessary changes have been made in the registration certificate by the competent authority.
The forms of various processes to be issued by any authority in exercise of powers under section 133 shall be those given in Schedule-IV and may be modified or altered by such authority as per exigency.
(1) The following documents shall be treated as public documents.
(a) The Registration Register;
(b) The Registration certificate of a co-operative society.
(c) The registered bye-laws of the co-operative society including registered amendments.
(d) Any order canceling the registration of a co-operative society;
(e) Annual audited accounts of the co-operative society furnished to the Registrar;
(f) Any decision of the Registrar or award of the Arbitrator.
(g) Reports of inspection under section 62 and section 66.
(2) Without prejudice to the provisions of section 123, 124,
The Government may, by general or special order, exempt any co-operative society or any class of societies from any of the provisions of these rules or may direct that such provisions shall apply to such co-operative society or class of co-operative societies with such modifications 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 the Registrar may require to carry out the purposes of the Act and these Rules.
(2) Without prejudice to the generality of the foregoing sub-rule (1), the financing bank shall render the following 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 co-operative societies under liquidation to be operated
(1) Any member or creditor seeking information under section 139 must have interest in the affairs of the co-operative society of any transaction relating to him.
(2) The applicant shall make payment of fee at the rate of ten rupees per page per copy which shall be deposited in advance by cash or pay order.
(3) The person who desires to obtain any information under the Act shall make request in writing accompanying prescribed fee to the Information officer, that is to say, secretary or president or treasurer, authorised by the Committee for this purpose. In case of co-operative societies where Government has shares and the Urban Cooperative Banks, the Information officer may be authorised by the committee.
(4) The Information officer shall record the application in the register of Right to Inf
The Committee shall frame service rules for its employees with regard to service matters viz. recruitment rules of all categories of posts, terms and conditions of appointment, leave, promotion, avenues of each category, educational qualification, pay structure, retirement age, annual assessment report, conduct rules, disciplinary procedure for delinquent employees, advance admissible to employees, medical reimbursement facilities, benefit on death of an employee during service, leave travel concession, provident fund, Insurance of employees and other service matters keeping in view the law inforce.
In addition to any action as may be taken under the Act, any violation of the rules by the co-operative society, its officers or members, shall be punishable with a maximum fine of rupees one thousand five hundred which may be imposed by an officer not below the rank of Joint Registrar, after giving an opportunity of hearing to the persons or the co-operative society concerned.
In case an employee of the Government has been assigned any duty or work under the Act, the same shall be deemed to be an official work and the remuneration or honorarium or fee paid to him for the purpose shall be deemed to be fixed and paid by the Government.
If any doubt arises in the interpretation of any of the provisions of these rules, the matter shall be referred to the Government or such other officer as may be specified by the Government by a general or special order in this behalf, and the Government or such other officer may, make order, not inconsistent with the provisions of the Act and these rules, for the purpose of removing the doubt.
On the day in which these rules comes into force, the Delhi Cooperative Societies Rules, 1973 shall stand repealed :
Provided that any action taken, order issued, bye-laws made under the provisions of the Delhi co-operative societies rules, 1973 shall, in so far as it is not in-consistent with the provisions of these-rules, be deemed to have been taken, issued or made under the provisions of these rules.
(see rule - 43)
Preservation and Destruction of Accounts Book and Registers
A. - RECORD TO BE RETAINED PERMANENTLY
1. Membership Registers;
2. Proceeding Registers/Minute Books;
3. Registration File containing Registration Certificate/ Registration Bye laws/Copy of Act & Rules;
4. Service Books of Staff;
5. Audit Reports;
6. Catalogue (Library);
7. Share Allotment Register/Share Register;
8. Ledger for Fixed Deposits/Saving Deposit;
9. Ledg
PROCEDURE FOR THE CONDUCT OF ELECTION OF THE COMMITTEE
(See rule - 53)
1. (i) The Committee or Board of a co-operative society shall meet atleast sixty clear 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 conduct of election of its successor Committee.
(ii) The Committee or Board of co-operative Bank, federal cooperative society or such co-operative housing society who has been allotted land and draw of lots has not been conducted in accordance with the provisions of section 77 and such housing societies as is awaiting allotment of land, shall submit a copy of such Resolution to the Registrar, alongwith a request for appointment of Returning Officer for conducting the Election of the Comm
(Clause (4) Schedule -II)
(For Federal Co-operative Societies only)
To,
The Returning Officer,
Co-operative Federation Ltd.
Delhi/New Delhi
Dear Sir,
I, a member of Co-operative Society Ltd. being a member of your Federation do hereby propose the name of Shri who is a representative of Co-operative Society Ltd. which is a member of your Federation, for the post of President/Vice-President/Committee Member (Director) of the Committee (Board of Directors) of your Federation for the election to be held on
I am an authorized representative of Co-operative Society Ltd., Vide r
(Clause (4) Schedule - II)
(FOR PRIMARY CO-OPERATIVE SOCIETIES)
To,
The Returning Officer,
.. Co-operative Society Ltd.,
Delhi/New Delhi.
Dear Sir,
I, S/o of Shri Member of Cooperative Society Ltd., with membership No. hereby propose the name of Shri S/o Shri and a member of the cooperative society. Membership No as a candidate for the post of President/Vice-President/Member of the Committee of the said society for the election to be held on .
Name and Signature
Of the Proposer
Memb
(See paragraph 9)
Ballot paper for Election of a Cooperative Society whose elections are to be conducted under Schedule-II appended to Rule-53 of Delhi Co-operative Societies Rules 2007.
The .. Cooperative Society/Federation/Bank Ltd.
(Address) (Counterfoil)
Ballot paper for the Post of ...............................
Date of Election ..............................................
Sl. No ................ Membership No ..........................
Ballot Paper
(See paragraph 11 of the Schedule)
I,s/o or w/o member of . (name of the society) contesting for election of members of board of directors/office bearers do hereby nominate the following person as my election agent/ counting agent in the election (name of the society) to be held on .. . (Specify the date).
Name and Signature of the candidate
I,.s/o or w/o.. address, am willing to be the election agent/counting agent.
Name and Signature of the Agent
(See sub-rule (3) of rule 164)
Regulations regarding the Recovery and Deposits of fees of various 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 Delhi Co-operative Societies Fees Recovery and Deposits Regulations, 2007.
(2) These regulations shall apply to all co-operative societies registered or deemed to be registered under the Delhi Co-operative Societies Act, 2003 (Delhi Act 3 of 2004) and the members, past members, heirs, legal representatives, nominees of the deceased members, agents and servants of the co-operative society, and the staff paid out of the fund.
2. Definition - Words and e
Schedule III of the Delhi Cooperative Societies Rules, 2007, primarily deals with the regulations concerning the recovery of fees, deposits, and other financial services provided by cooperative societies. It sets out detailed procedures and standards for the collection, deposit, and management of funds and fees related to society functions, ensuring transparency and accountability in financial dealings.
Schedule III prescribes the rules and regulations regarding the recovery and deposits of fees for various services rendered by cooperative societies. It lays down the procedures for fee collection, deposit of fees into designated accounts, and the management of these funds. It also includes provisions for the regulation of charges, penalties for default, and the maintenance of proper records for financial transactions.
Schedule III applies to all cooperative societies registered under the Delhi Cooperative Societies Act, 2003, and Rules, 2007. It governs the manner in which societies manage their financial dealings concerning fees and deposits, ensuring uniformity, transparency, and accountability across societies. It also impacts the procedures for recovery, record-keeping, and audit processes.
Non-compliance with Schedule III can attract penalties such as fines, suspension of registration, or other disciplinary actions as prescribed under the Act. In cases of deliberate violation or fraudulent practices, individuals or societies may face legal proceedings, including criminal charges, imprisonment, or cancellation of registration, depending on the severity of the breach.
Note: The references to specific rules and clauses are based on the detailed provisions of Schedule III and the broader framework of the Delhi Cooperative Societies Rules, 2007, as interpreted from the available legal sources.
(See rule 161)
VARIOUS FORMS OF PROCESSES
Form A Summon in arbitration proceedings to the defendant to answer claim.
Form B Summon to legal representative to be added when defendant dies during pendency of arbitration proceedings.
Form C Summons for attendance/production of record in any enquiry/inspection/arbitration/liquidation.
Form D Proclamation requiring attendance/production of records.
Form E Warrant of attachment of property.
Form F Warrant of arrest.
Form G Warrant of Committal to Civil Imprisonment.
Form H Order of r
See Explanation to sub-rule (2) of rule 64 (2)
The following shall be criteria for determining classification of Societies which shall be made after each Audit by the Auditor.
A. THRIFT AND CREDIT CO-OPERATIVE SOCIETIES
A Class
1. Defaulters are not more than 15% including the cases of renewal of loans.
2. Contribution to compulsory Deposits is regular to the extent of 90% of the total number of members.
3. Repayments of loans to lending Institutions are regular.
4. General Body Meeting is held in accordance with section 31.
5. Profits are distributed in accordance with se
(See Clause (i) of sub-rule (1) of rule 5)
Viability Norms
Sl.No.
Class/Type of the Society
Membership No.
Share Capital
Area of Operation (Rs)
Remarks
1
Urban Bank
3000
4 Crore
N.C.T. of Delhi
Subject to Norms Prescribed by the RBI from Ti
(See Sub rule (1) of Rule 90)
All the Co-operative Group Housing Societies awaiting clearance of membership for draw for allotment of flats/plots shall provide the following information/documents along with their proposals for clearance of members:
1. Freeze strength of the Co-operative housing Society and number of dwelling units, parking spaces and shops etc - The approved freeze strength shall be given along with date of its approval and also the details if the freeze strength has been increased or decreased in view of changed FAR or building bye laws and the date of such approval given by the Registrar and DDA. The Co-operative housing society shall also indicate the number of dwelling units, no. of parking spaces, and no of shops etc and their sizes etc and names of members opting for parking space, shops etc.
&
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