THE DELHI CO-OPERATIVE SOCIETIES ACT, 2003
(DELHI ACT 3 OF 2O04)

ARRANGEMENT OF SECTIONS

 

CHAPTER-I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.

2. Definitions.

CHAPTER-II

Registration of Co-operative Societies

3. Registrar.

4. Co-operative societies which may be registered.

5. Restrictions on registration.

6. Restrictions on holding of shares.

7. Application for registration.

8. Power of the Registrar to decide certain questions.

9. Registration.

10. Registration certificate.

11. Bye-laws of co-operative societies.

12. Amendment of bye-laws of a co-operative society and compulsory amendment of bye-laws by the Registrar.

13. When amendments of bye-laws come into force.

14. Change of name.

15. Change of liability.

16. Amalgamation, transfer of assets and liabilities and division of co-operative societies.

17. Power to direct amalgamation, division and re-organisation in public interest, etc.

18. Registrar to prepare scheme of amalgamation of co-operative bank in certain cases.

19. Liability of a co-operative bank to the Deposit Insurance Corporation.

20. Cancellation of registration certificate of the co-operative societies in certain cases.

21. Classification.

CHAPTER-III

Members of Co-operative Societies and their Rights and liabilities

22. Persons who may become members.

23. Nominal or associate or joint member.

24. Member not to exercise rights till due payment made.

25. Votes of members.

26. Manner of exercising vote.

27. Restriction on transfer of shares or interest.

28. Transfer of interest on death of member.

29. Liability of past member and estate of deceased member.

CHAPTER-IV

Management of Co-operative societies

30. Final authority in a co-operative society.

31. Annual general body meeting.

32. Returns to be filed to the Registrar after annual general body meeting.

33. Special general body meeting.

34. Constitution of committee.

35. Election and nomination of members of committee.

36. Removal of committee or its officer.

37. Supersession of committee.

38. Securing possession of records, etc.

39. Acts of co-operative society not to be invalidated by certain defects.

40. Expulsion of members.

41. Cessation of membership of co-operative society.

42. Directions by the Registrar for successful conduct of business.

CHAPTER-V

Privileges of Co-operative Societies

43. Co-operative society to be body corporate.

44. First charge of co-operative society on certain movable assets of member for the amount due to him.

45. Charge on immovable property of member borrowing loans from certain co-operative societies.

46. Charge and set-off in respect of share or contribution or interest of members.

47. Share or contribution or interest not liable to attachment.

48. Register of members.

49. Admissibility of copy of entry as evidence.

50. Exemption from compulsory registration of instruments.

51. Exemption from certain taxes, fees and duties.

52. Deduction from salary to meet co-operative society's claim in certain cases.

CHAPTER-VI

Properties and funds of Co-operative Societies

53. Funds other than net profits not to be divided among members.

54. Contribution to charitable purpose.

55. Contribution to Co-operative Education Fund.

56. Investment of funds.

57. Restrictions on loans.

58. Restrictions on borrowings.

59. Restrictions on other transactions with non-members.

CHAPTER-VII

Audit, inquiry, inspection and surcharge

60. Audit.

61. Inspection of co-operative societies.

62. Inquiry by the Registrar.

63. Inspection of books of indebted co-operative societies.

64. Cost of inquiry.

65. Recovery of cost.

66. Surcharge.

67. Rectification of defects in audit, inquiry or inspection.

68. Power to summon and examine documents and persons, etc.

69. Maintenance of accounts and books, etc.

CHAPTER-VIII

Settlement of Disputes

70. Disputes which may be referred for arbitration.

71. Reference of disputes to arbitration.

72. Power of financing bank and federal co-operative society to proceed.

CHAPTER-IX

Special provisions for Co-operative Housing Societies

73. Application of this chapter.

74. Definitions.

75. Limit on membership.

76. Rights and privileges of members on allotment of plot or dwelling unit in a co-operative housing society.

77. Allotment of plots, flats or houses through draw of lots.

78. Provision for nomination.

79. Restriction on transfer of share or interest of a member.

80. Permission for transfer of occupancy right not to be ordinarily refused and provision for appeal.

81. Creation, maintenance and utilisation of building and replacement fund.

82. Registration of mortgage in favour of co-operative housing society or apex.

83. Settlement of disputes.

84. Recovery of outgoings and arrears of dues as arrears of land revenue.

85. Recovery of dues and foreclosures.

86. Expulsion of a member.

87. Additional grounds for Cessation of membership of co-operative housing society.

 

88. Management of co-operative housing societies.

 

89. Maintenance of essential services in co-operative housing societies.

 

90. Co-operative housing society to maintain register of its properties with prescribed details.

91. Special provision for regularisation of occupancy right of persons who have acquired such a right through the instrument of power of attorney or agreement for sale.

92. Execution of housing project.

93. Management of co-operative housing complex by co-operative societies.

94. House building co-operative societies which have achieved their objectives.

CHAPTER-X

Winding up of co-operative societies

95. Dissolution of co-operative society by members.

96. Dissolution of co-operative society by the Registrar.

97. Winding up of co-operative banks at the direction of the Reserve Bank.

98. Reimbursement to the Deposit Insurance and Credit Guarantee Corporation by the liquidator.

99. Appointment of liquidator.

100. Duties of liquidator.

101. Powers of liquidator.

102. Disposal of surplus assets of liquidated co-operative societies.

103. Final accounts.

CHAPTER-XI

Execution of awards, decrees, orders and decisions

104. Enforcement of charge.

105. Execution of orders, etc.

106. Execution of orders of liquidator.

107. Attachment before award.

108. Recovery of debt.

109. Registrar or person empowered by him to be civil court for certain purposes.

110. Recovery of sums due to Government.

111. Special powers of Registrar for recovery of amount recoverable as arrears of land revenue.

CHAPTER-XII

Appeals, Revision and review

112. Appeals.

113. No appeal or revision in certain cases.

114. Delhi Co-operative Tribunal.

115. Review.

116. Revision.

117. Interlocutory orders.

CHAPTER-XIII

Offences and penalties

118. Offences and penalties.

119. Prohibition of the use of the word `co-operative' or its equivalent.

120. Punishment for offences not otherwise provided for.

121. Cognizance of offences.

122. Presumption as to commission of offence in certain cases.

123. Presumption as to statements.

124. Address of co-operative society.

125. Copy of Act, rules and bye-laws, etc. to be open for inspection.

126. Power to exempt co-operative societies from conditions as to registration.

127. Power to exempt co-operative societies from the provisions of the Act.

128. Officers and employees to be public servants.

129. Notice necessary in suits.

130. Companies Act not to apply.

131. Saving of existing co-operative societies.

132. Bar of jurisdiction of civil or revenue courts.

133. Powers of civil Court.

134. Indemnity.

135. Service rules for employees of co-operative societies.

CHAPTER-XIV

Rules and Miscellaneous provisions

136. Power to delegate.

137. Power to make rules.

138. Power of the Registrar to give directions to the co-operative banks.

139. Right to information.

140. Act to override other laws.

141. Repeal and savings.

142. Removal of difficulties.

The First Schedule
[See Section 2(g)]

Co-operative Principles

 

 

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